AB12 - Revises requirements for obtaining judicial review of a decision of the Board of Review concerning a claim for unemployment benefits. (BDR 53-309)

- 83rd Session (2025) Assembly Bill No. 12–Committee on Commerce and Labor CHAPTER.......... AN ACT relating to unemployment compensation; revising requirements for obtaining judicial review of a decision of the Board of Review concerning a claim for unemployment benefits; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes any party aggrieved by a decision of the Board of Review concerning a claim for unemployment benefits to obtain judicial review of the decision by commencing an action in the district court of the county where the employment which is the basis of the claim was performed. Existing law requires, within 45 days after the commencement of the action, a petition to be served upon the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation at a designated office of the Administrator, unless the Administrator is the appellant, or upon such person as the Administrator may designate. (NRS 612.530) Section 1 of this bill sets forth additional requirements and procedures concerning that petition. Section 1 specifies that service of the petition must comply with the requirements of existing law and the applicable provisions of the Nevada Rules of Civil Procedure for the service of a summons and complaint. If an appellant, within 45 days after the commencement of the action, fails to serve any petition upon the Administrator or his or her designee, including a petition that fails to comply with the requirements for the petition and the service of the petition, section 1 provides that the court is deprived of jurisdiction over the action and is required to dismiss the action upon the motion of the Administrator. If an appellant does serve a petition upon the Administrator or his or her designee within the required period, section 1 authorizes the Administrator to file a motion with the court to dismiss the action on the basis that the petition did not comply or was served in a manner that did not comply with the requirements for the petition. Section 1 requires the appellant to cure all deficiencies concerning the petition, if any, within 10 business days after the filing of the motion. Under section 1, the failure of the appellant to do so deprives the court of jurisdiction over the action, and the court is required to grant the motion to dismiss if the court determines that the petition was deficient and those deficiencies were not cured within the required period. Section 2 of this bill provides that the amendatory provisions of this bill apply to a petition for judicial review that is filed on or after the effective date of this bill. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 612.530 is hereby amended to read as follows: 612.530 1. Within 11 days after the decision of the Board of Review has become final, any party aggrieved thereby or the – 2 – - 83rd Session (2025) Administrator may secure judicial review thereof by commencing an action in the district court of the county where the employment which is the basis of the claim was performed for the review of the decision, in which action any other party to the proceedings before the Board of Review must be made a defendant. 2. In such action, a petition which need not be verified, but which must state the grounds upon which a review is sought, must, within 45 days after the commencement of the action, be served upon the Administrator at a designated office of the Administrator in Carson City, unless the Administrator is the appellant, or upon such person as the Administrator may designate, and such service shall be deemed completed service on all parties, but there must be left with the party so served as many copies of the petition as there are defendants, and the Administrator shall forthwith mail one such copy to each defendant. Service of a petition pursuant to this subsection must comply with the provisions of this subsection and the applicable provisions of the Nevada Rules of Civil Procedure for the service of a summons and complaint. 3. [The] If the appellant fails to serve upon the Administrator, or upon such person as the Administrator may designate, any petition pursuant to subsection 2, including, without limitation, a petition that does not comply or is served in a manner that does not comply with the requirements of subsection 2, within 45 days after the commencement of the action, the court is deprived of jurisdiction over the action and shall dismiss the action upon the motion of the Administrator. 4. If the appellant serves upon the Administrator, or upon such person as the Administrator may designate, a petition pursuant to subsection 2 within 45 days after the commencement of the action, the Administrator may, within 45 days after the receipt of the petition, file a motion with the court to dismiss the action on the basis that the petition did not comply or was served in a manner that did not comply with the requirements of subsection 2. Within 10 business days after the filing of the motion to dismiss, the appellant shall cure each deficiency concerning the petition, if any. The requirement to cure any deficiency concerning the petition within 10 business days after the filing of the motion to dismiss must be strictly complied with and may not be excused by the court. Failure to comply with that requirement deprives the court of jurisdiction over the action and, if the court determines that the petition did not comply or was served in a manner that did not comply with the requirements of subsection 2 and the deficiencies concerning the petition were not cured within – 3 – - 83rd Session (2025) 10 business days after the filing of the motion to dismiss, the court shall grant the motion to dismiss. 5. Except as otherwise provided in this subsection, the Administrator shall file with the court an answer within 45 days after being served with a petition pursuant to subsection 2 [or, if] unless the Administrator filed with the court a motion to dismiss pursuant to subsection 4 and the motion was denied, in which case the Administrator shall file the answer within 45 days after the date on which the motion was denied. If the Administrator is the appellant, the Administrator shall serve the petition upon each other party within 45 days after commencement of the action. With the Administrator’s answer or petition, the Administrator shall certify and file with the court originals or true copies of all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Review’s findings of fact and decision therein. The Administrator may certify to the court questions of law involved in any decision. [4.] 6. In any judicial proceedings under this section, the finding of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, is conclusive, and the jurisdiction of the court is confined to questions of law. [5.] 7. Such actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS. [6.] 8. An appeal may be taken from the decision of the district court to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court of Nevada pursuant to Section 4 of Article 6 of the Nevada Constitution in the same manner, but not inconsistent with the provisions of this chapter, as is provided in civil cases. [7.] 9. It is not necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the Board of Review, and no bond may be required for entering the appeal. [8.] 10. Upon the final determination of the judicial proceeding, the Board of Review shall enter an order in accordance with the determination. [9.] 11. A petition for judicial review does not act as a supersedeas or stay unless the Board of Review so orders. Sec. 2. The amendatory provisions of this act apply to a petition for judicial review that is filed on or after the effective date of this act. – 4 – - 83rd Session (2025) Sec. 3. This act becomes effective upon passage and approval. 20 ~~~~~ 25