Nevada Supreme Court, 2015

York Risk Services Group v. Div. of Indus. Relations

York Risk Services Group v. Div. of Indus. Relations
Nevada Supreme Court · Decided April 17, 2015

York Risk Services Group v. Div. of Indus. Relations

Opinion

Here, even if other parties rendered York Risk Services unable to comply with the hearing officer's decision within 30 days, the appeals officer concluded that York Risk Services had all the documentation necessary for payment by March 13, 2009, yet declined payment at that time and did not make the payment until February 2011. This finding is supported by substantial evidence in the record. See Law Offices of Barry Levinson v. Milko, 124 Nev. 355, 362, 184 P.3d 378, 383-84 (2008) (explaining that this court applies the same standard in reviewing an agency decision as the district court, and thus looks for clear error or an arbitrary and capricious abuse of discretion); see also NRS 233B.135(3) (providing the standards for judicial review of an agency decision). Given this evidence, the appeals officer did not abuse her discretion in finding unreasonable delay, and we ORDER the judgment of the district court AFFIRMED.

Gibbons

ecks, J.

Pickering

cc: Hon. Nancy L Allf, District Judge Salvatore C. Gugino, Settlement Judge Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas Dep't. of Business and Industry/Div. of Industrial Relations/Henderson Eighth District Court Clerk SUPREME COURT OF 2 NEVADA

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