NRS 233B.122

Certain members of agency prohibited from taking part in adjudication; replacement of disqualified officer

Known as the Nevada Administrative Procedure Act

The act spans §§ 233–233 (66 sections).

Applied in 4 court decisions — leading case City Plan Development, Inc. v. Office of the Labor Commissioner (2005)

Most recently applied in City Plan Development, Inc. v. Office of the Labor Commissioner (August 2005)

(Added to NRS by 1967, 808; A 1977, 661)

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. No agency member who acts as an investigator or prosecutor in any contested case may take any part in the adjudication of such case.

2. If an officer of an agency disqualifies himself or herself or is disqualified from participating in the adjudication of any contested case in which a decision will be rendered which is subject to judicial review, the officer shall send within 3 working days after the disqualification a notice of it to the authority which appointed him or her to the agency. The appointing authority shall within 5 working days after receiving the notice appoint a person to serve in the place of the disqualified officer only for the purpose of participating in the adjudication of the contested case.

3. The person appointed under subsection 2 shall have the same qualifications required by law of the officer whom the person replaces and is entitled to the same salary and per diem and travel expenses allowed to that officer.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.