Prevost v. State
Prevost v. State
Opinion of the Court
This is an appeal from an order dismissing a petition for judicial review under NRS 233B.130(2). In particular, NRS 233B.130(2)(a) provides that a petition for judicial review must "[n]ame as respondents the agency and all parties of record to the administrative proceeding." In this appeal, we are asked to determine whether the failure to name a party of record in the caption of a petition for judicial review is jurisdictionally fatal under NRS 233B.130(2)(a) where the party is named in the body of the petition and is properly served with the petition. We conclude that NRS 233B.130(2)(a) does not require dismissal on these facts, and we therefore reverse and remand.
*676FACTUAL AND PROCEDURAL HISTORY
Appellant Robaire Prevost, a former corrections officer employed by the State of Nevada, Department of Corrections (NDOC), filed a workers' compensation claim, alleging that various medical conditions were caused by the stress of his job. Respondent Cannon Cochran Management Services, Inc. (CCMSI), as NDOC's third-party administrator, denied Prevost's workers' compensation claim, Prevost administratively appealed CCMSI's denial, and an appeals officer ultimately issued a decision and order affirming CCMSI's denial.
In January 2016, Prevost timely filed a petition for judicial review of the appeals officer's decision with the district court. The caption of the petition for judicial review listed NDOC and the Department of Administration as respondents, but did not individually identify CCMSI. However, the appeals officer's order and decision, which identified CCMSI, was attached and incorporated into the body of the petition. Moreover, CCMSI and its counsel were served with the petition.
Nonetheless, in March 2016, CCMSI moved to dismiss the petition, alleging that the failure to name CCMSI in the caption rendered the petition jurisdictionally defective pursuant to NRS 233B.130(2)(a) and Washoe County v. Otto ,
DISCUSSION
On appeal, Prevost argues that the district court erred in dismissing his petition for judicial review on the basis that it failed to comply with NRS 233B.130(2)(a). We agree.
NRS 233B.130(2)(a) provides that "[p]etitions for judicial review must ... [n]ame as respondents the agency and all parties of record to the administrative proceeding." In Otto, this court concluded that "pursuant to NRS 233B.130(2)(a), it is mandatory to name all parties of record in a petition for judicial review of an administrative decision, and a district court lacks jurisdiction to consider a petition that fails to comply with this requirement."
Here, Prevost named CCMSI in the body of the petition through incorporation by reference of the administrative decision, which Prevost also attached as an exhibit to the petition. See NRCP 10(c) ("Statements in a pleading may be adopted by reference in a different part of the same pleading.... A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.").
CONCLUSION
We conclude that the failure to name CCMSI in the caption of the petition for judicial review did not render the petition jurisdictionally defective where (1) the body of the petition named CCMSI through incorporation by reference of the attached administrative decision, NRCP 10(c) ; and (2) CCMSI and its attorney were timely served with the petition. Thus, we reverse the district court's order dismissing Prevost's petition for judicial review for lack of jurisdiction and remand for further proceedings consistent with this opinion.
We concur:
Douglas, C.J.
Cherry, J.
Gibbons, J.
Pickering, J.
STIGLICH, J., with whom HARDESTY, J., agrees, dissenting:
I disagree with the majority's conclusion that this case can be distinguished from Washoe County v. Otto,
Although I concur that a party may comply with NRS 233B.130(2)(a) by "nam[ing] as respondents the agency and all parties of record to the administrative proceeding" elsewhere than in the caption,
Because we required more of the petitioner in Otto, I respectfully dissent.
I concur:
Hardesty, J.
The appeals officer's order and decision refers to NDOC and CCMSI as one party, the "Employer."
CCMSI also argued in district court that Prevost failed to serve the petition on the Attorney General and the administrative head of the Department of Administration pursuant to NRS 233B.130(2)(c). See Heat & Frost Insulators and Allied Workers Local 16 v. Labor Comm'r, 134 Nev. ----,
We reject CCMSI's contention that the Nevada Rules of Civil Procedure (NRCP) do not apply to judicial review proceedings under Nevada's Administrative Procedure Act (APA). Pursuant to NRCP 81(a), the provisions of the NRCP govern proceedings under the APA to the extent that they are not in conflict with the provisions of the APA. CCMSI fails to show that the APA contains a rule that conflicts with NRCP 10. Accordingly, we conclude NRCP 10 is applicable to petitions for judicial review under the APA.
Prevost also argues that (1) this court should modify its holding in Otto to permit a petitioner to amend the caption of a petition for judicial review under NRCP 15, (2) the provisions of NRS 233B.130(2) are not jurisdictional in a workers' compensation matter, (3) naming only the State of Nevada Department of Corrections in the caption was sufficient under agency principles, and (4) equitable principles should permit amendment under the facts of this case. Given our disposition, we need not reach these issues.
This is based on the same language from Otto quoted by the majority regarding Washoe County's failure to name the respondent "in the caption, in the body of the amended petition, or in an attachment." Majority opinion ante at 676 (quoting
Reference
- Full Case Name
- Robaire PREVOST v. STATE of Nevada DEPARTMENT OF ADMINISTRATION, Appeals Officer, an Agency of the State of Nevada and CCMSI
- Cited By
- 5 cases
- Status
- Published