Senate Bill No. 325–Senator O’Connell

March 5, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Prohibits labor commissioner from appealing certain decisions of district court. (BDR 53-601)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the labor commissioner; prohibiting the labor commissioner from appealing certain decisions of the district court; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 607 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 If, upon a petition for judicial review, a decision of the labor

1-4 commissioner is set aside in whole or in part by a district court on the

1-5 ground that substantial rights of the petitioner were prejudiced because

1-6 the decision of the labor commissioner was in violation of constitutional

1-7 or statutory provisions, the labor commissioner shall not appeal the

1-8 judgment of the district court to the supreme court.

1-9 Sec. 2. NRS 233B.150 is hereby amended to read as follows:

1-10 233B.150 [An] Except as otherwise provided in section 1 of this act,

1-11 an aggrieved party may obtain a review of any final judgment of the district

1-12 court by appeal to the supreme court. The appeal [shall] must be taken as in

1-13 other civil cases.

1-14 Sec. 3. NRS 412.1393 is hereby amended to read as follows:

1-15 412.1393 1. Any member of the Nevada National Guard who

1-16 believes his employment was terminated in violation of NRS 412.139 may,

1-17 within 60 days after receiving a notice of termination, request a hearing

1-18 before the labor commissioner to determine if his employment was so

1-19 terminated.

2-1 2. The office shall supply the member with all forms needed to request

2-2 such a hearing. The labor commissioner shall conduct the hearing in the

2-3 manner provided in NRS 607.205 to 607.220, inclusive [.] , and section 1

2-4 of this act.

2-5 Sec. 4. This act becomes effective upon passage and approval.

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