Section 287.368 - Denial of request for reconsideration: Appeal1. A group whose request for reconsideration with the Board has been denied pursuant to NAC 287.367 may file an appeal with the Hearings Division of the Department of Administration.2. On the same date on which a group files an appeal with the Hearings Division pursuant to subsection 1, the group must provide a copy of the appeal to the Executive Officer. Within 30 days after the Executive Officer receives a copy of the appeal, the Executive Officer shall transmit to the Hearings Division a copy of: (a) The decision of the Board to deny the application of a group to leave the Program that was prepared pursuant to NAC 287.365; and(b) The record from the hearing conducted pursuant to NAC 287.367.3. A hearing officer of the Hearings Division shall review the decision of the Board. Review of the decision of the Board is confined to the information provided to the Hearings Division pursuant to subsection 2, except that in cases concerning alleged irregularities in procedure before the Board that are not shown in the decision or the record, the hearing officer may receive evidence concerning the irregularities.4. The burden of proof is on the group to show that the decision of the Board to deny the application of the group is invalid pursuant to subsection 6.5. The hearing officer shall not substitute his or her judgment for that of the Board as to any criteria, data, information or report on which the Board relied to make its decision to: (a) Deny the application of the group to leave the Program; or(b) Deny the request for reconsideration of the application of the group to leave the Program.6. The hearing officer may remand or affirm the decision of the Board to deny the application of the group to leave the Program or set it aside in whole or in part if the decision of the Board is: (a) In violation of constitutional or statutory provisions;(b) In excess of the statutory authority of the Board;(c) Made upon unlawful procedure;(d) Affected by other error of law;(e) Clearly erroneous in view of the reliable, probative and substantial evidence in the information provided to the Hearings Division pursuant to subsection 2; or(f) Arbitrary or capricious or characterized by abuse of discretion.7. The decision of the hearing officer made pursuant to subsection 6 is final and not subject to judicial review.Nev. Admin. Code § 287.368
Added to NAC by Bd. of Pub. Employees' Benefits Prog. by R089-05, eff. 6-28-2006