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) The Nevada Supreme Court has determined that the requirement that a petition be served within 45 days after the commencement of the action is mandatory and requires strict enforcement. (Nokley v. Empl't Sec. Div., No. 85045, 2023 WL 3441031, at **1 (Nev. May 12, 2023)) Section 1 of this bill codifies that determination into statute by specifically requiring strict compliance with that requirement and prohibiting its excusal by the court. Additionally, the Nevada Supreme Court has declined to address whether the requirement that a petition must be served within 45 days after the commencement of the action is a jurisdictional requirement. (Id.) Section 1 specifies that the requirement is jurisdictional by providing that the failure to comply with that requirement deprives the court of jurisdiction over the action. Section 2 of this bill clarifies 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
BDR: 612.530