Zenor v. State
Zenor v. State
Opinion of the Court
In State, Department of Human Resources v. Fowler , we held that attorney fees were not available under NRS 18.010(2)(a) in a petition for judicial review of an agency determination that did not include monetary recovery.
FACTS AND PROCEDURAL HISTORY
Appellant Chad Zenor was employed by respondent Nevada Department of Transportation (NDOT) when he injured his wrist on the job. Eleven months after the injury, Zenor underwent an examination and received an evaluation signed by his treating physician, Dr. Huene, who determined Zenor was not yet capable of performing his pre-injury job duties. Approximately two months later, Dr. Huene again examined Zenor and determined he could fully use his wrist with a brace as needed. Less than one month after that, Dr. Huene released Zenor "without limitations." Zenor and his wife delivered the full release to NDOT that same day.
Despite the full release, NDOT commenced vocational rehabilitation and separation proceedings against Zenor, ultimately separating him from employment for medical reasons. Zenor appealed and an administrative hearing officer reversed the separation. NDOT petitioned for judicial review and the district court affirmed. Zenor proceeded to file a motion for attorney fees under NRS 18.010(2)(b) on the ground that NDOT unreasonably brought its petition to harass him. The district court denied the motion, holding that NRS 233B.130 prohibited attorney fees in a judicial action of a final agency decision.
DISCUSSION
Standard of review
This court normally reviews an award or denial of attorney fees under NRS 18.010(2)(b) for an abuse of discretion. Mack-Manley v. Manley ,
NRS 233B.130 prohibits attorney fees in petitions for judicial review of agency determinations
NRS 233B.130(6) dictates that the provisions of NRS Chapter 233B "are the exclusive means of judicial review of, or judicial action concerning, a final decision in a contested case involving an agency to which this chapter applies." We noted in Fowler that " NRS 233B.130 does not contain any specific language authorizing the award of attorney's fees in actions involving petitions for judicial review of agency action."
This court has "repeatedly refused to imply provisions not expressly included in the legislative scheme." State Indus. Ins. Sys. v. Wrenn,
"[I]t is not the business of this court to fill in alleged legislative omissions based on conjecture as to what the legislature would or should have done." McKay v. Bd. of Cty. Comm'rs of Douglas Cty.,
CONCLUSION
We hold that, consistent with Fowler , NRS 233B.130 prohibits attorney fees in petitions for judicial review of agency determinations. Accordingly, Zenor is not entitled to an award of attorney fees under NRS 18.010(2)(b), and we affirm the decision of the district court.
We concur:
Pickering, J.
Hardesty, J.
Based on this holding, we need not consider the parties remaining arguments.
Reference
- Full Case Name
- Chad ZENOR v. The STATE of Nevada, DEPARTMENT OF TRANSPORTATION
- Cited By
- 3 cases
- Status
- Published