Nevada Administrative Code — Title 32 (Revenue and Taxation)
Nev. Admin. Code § 360.175 — 360.175
NAC 360.175 Appeal of decision of hearing officer. ( NRS 360.090 , 360.245 )
1. The staff, petitioner or a designated
representative may, within 30 days after service of the copy of the findings of
fact, conclusions of law and decision of the hearing officer, file a notice of
appeal with the Commission.
2. Within 30 days after filing a notice of
appeal, the appellant shall file with the Commission a:
(a) Brief setting forth the points relied upon in
his or her appeal and authorities in support thereof; and
(b) Designation of the parts of the record before
the hearing officer that he or she deems relevant to his or her appeal.
3. An appeal from the decision of the
hearing officer to the Commission must be based upon one or more of the grounds
set forth in subsection 3 of NRS
233B.135 .
4. The filing of a notice of appeal does not
excuse compliance with the decision of the hearing officer nor suspend the
effectiveness of a decision unless otherwise ordered by the hearing officer.
5. After receipt of a notice of appeal,
filed in compliance with subsection 1, and the documentation required by subsection
2, the Department will schedule a time for oral argument before the Commission
at its next meeting. The oral argument will be limited to a period of time not
to exceed 20 minutes unless extended by the Commission. The Commission will not
review evidence which was not submitted to the hearing officer unless it
determines that good cause exists for a failure to submit the evidence to the
hearing officer.
6. The Commission will modify, reverse or
affirm the decision of the hearing officer or remand the case to the hearing
officer. The Director shall issue a final written decision on behalf of the
Commission.
[Tax Commn, Practice Rule Nos. 56-59, eff. 11-15-77]—(NAC
A 11-20-87; 1-12-96; R078-97, 11-14-97)
Source: official text