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.

Statutes affected:
As Introduced: 612.530
Reprint 1: 612.530
As Enrolled: 612.530
BDR: 612.530