NRS 233B.140

Procedure for applying for stay of final decision; considerations by court in making ruling; provision of security by petitioner

Known as the Nevada Administrative Procedure Act

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

Applied in 37 court decisions — leading case American International Vacations v. MacBride (1983)

Most recently applied in 9 F. App'x 735 - Blair v. Department of Motor Vehicles (May 2001)

(Added to NRS by 1967, 810; A 1977, 58; 1989, 1652)

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. A petitioner who applies for a stay of the final decision in a contested case shall file and serve a written motion for the stay on the agency and all parties of record to the proceeding at the time of filing the petition for judicial review.

2. In determining whether to grant a stay, the court shall consider the same factors as are considered for a preliminary injunction under Rule 65 of the Nevada Rules of Civil Procedure.

3. In making a ruling, the court shall:

(a) Give deference to the trier of fact; and

(b) Consider the risk to the public, if any, of staying the administrative decision.

Ê The petitioner must provide security before the court may issue a stay.

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