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Eikelberger v. Nev. St. Bd. of Accountancy

Supreme Court of Nevada
Feb 13, 1975
531 P.2d 853 (Nev. 1975)

Summary

referring to the Board as an "administrative agency"

Summary of this case from Cane v. Nev. State Bd. of Accountancy

Opinion

No. 7556

February 13, 1975

Appeal from Second Judicial District Court, Washoe County; John E. Gabrielli, Judge.

Lohse and Lohse, Reno, for Appellant.

Laxalt, Berry Allison, Charles David Russell, and Melvin Brunetti, Carson City, for Respondent.


OPINION


The appellant, Fred L. Eikelberger, complained to the Nevada State Board of Accountancy regarding certain alleged unprofessional services rendered by a certified public accountant who was licensed to practice in Nevada. The Board, after investigating Eikelberger's charges, filed a complaint against the C.P.A. Formal hearings were held, and witnesses, including Eikelberger, testified before the Board. The C.P.A. was disciplined. Eikelberger, however, was displeased with the punishment imposed. He appealed the Board's decision to the district court, seeking a review of its order. The district judge, finding Eikelberger had no standing to file the petition for review because he was not an aggrieved party within the meaning of NRS 628.410, dismissed the petition. We agree. The law is well settled that the right to review an administrative decision is limited to those parties to the proceedings before the administrative agency whose rights, privileges, or duties are affected by the decision. See Wyoming State Bd. of Accountancy v. Macalister, 493 P.2d 1268 (Wyo. 1972); Castleman v. Civil Serv. Comm'n, 206 N.E.2d 514 (Ill.App. 1965).

NRS 628.410, in relevant part:
"10. Any person adversely affected by any order of the board may obtain a review thereof by filing a written petition for review with the district court within 30 days after the entry of the order. . . ."

The order of the court below is affirmed.


Summaries of

Eikelberger v. Nev. St. Bd. of Accountancy

Supreme Court of Nevada
Feb 13, 1975
531 P.2d 853 (Nev. 1975)

referring to the Board as an "administrative agency"

Summary of this case from Cane v. Nev. State Bd. of Accountancy
Case details for

Eikelberger v. Nev. St. Bd. of Accountancy

Case Details

Full title:FRED L. EIKELBERGER, APPELLANT, v. NEVADA STATE BOARD OF ACCOUNTANCY…

Court:Supreme Court of Nevada

Date published: Feb 13, 1975

Citations

531 P.2d 853 (Nev. 1975)
531 P.2d 853

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