Nev. Admin. Code § 288.272

Current through November 8, 2024
Section 288.272 - Split decision: Requirements for petition for reconsideration and supporting memorandum of points and authorities; raising of point for first time in petition for reconsideration
1. A petition for reconsideration by the full Board must be supported by a memorandum of points and authorities and contain such arguments, consistent with the provisions of this section, as the petitioner desires to present. Except by written leave of the Chair of the Board or the Vice Chair of the Board in the absence of the Chair, the petition must not exceed 30 pages in length, inclusive of the supporting memorandum of points and authorities.
2. The petition for reconsideration and supporting memorandum of points and authorities must:
(a) State the reasons that reconsideration by the full Board is necessary to secure and maintain uniformity of the decisions of the Board; and
(b) Demonstrate that the split decision of the panel is contrary to prior decisions of the Board, with specific citations to those decisions.
3. If the petitioner contends that the case involves a substantial precedential, constitutional or public policy issue, the petition for reconsideration and supporting memorandum of points and authorities must identify each such issue and demonstrate the effect of the split decision of the panel beyond the parties to the proceeding.
4. A point may not be raised for the first time in a petition for reconsideration unless the point could not reasonably have been made at the time the case was heard by the panel.

Nev. Admin. Code § 288.272

Added to NAC by Local Gov't Employee-Mgt. Rel. Bd. R074-17AP, eff. 2/27/2018
NRS 288.090, 288.110