Find eviction prevention tips and current rental assistance programs online.

LAS VEGAS TENANTS: To respond to an eviction notice, visit www.lacsn.org/efile and select ''SUMMARY EVICTION: Tenant's Answer' to file online.

Close
 
Home » Self-Help » Other Topics » Judicial Review of Unemployment Decisions

Judicial Review Of Unemployment Decisions

If you disagree with an administrative decision regarding your unemployment benefits in Nevada – and if you have appealed that decision as high as you can through the Nevada Employment Security Division appeals process (referred to as "exhausting your administrative remedies") – you have the right to appeal the final board of review decision to the district court in the county where you were employed and where your claim arose.  (NRS 612.525.)

In order to have the district court review a final decision of the board of review, you must file a Petition for Judicial Review within ELEVEN (11) days after the date the board's decision becomes final.  (NRS 612.525(1).)

CAUTION!  Be sure to keep track of your days and file your petition within the eleven-day period!  And do not wait until the last minute!  The decision from the board of review may tell you exactly when this eleven-day period runs, so read it carefully.  If you fail to file your petition within eleven days after the board's decision becomes final, the district court has no jurisdiction to hear your case, and it will be dismissed.  Kame v. Employment Security Dep't, 105 Nev. 22, 769 P.2d 66 (1989).

These are the basic steps you must follow to appeal your unemployment benefit determination to the district court:

TIP!  Although steps 1 through 6 are fairly simply and easy to complete on your own, steps 7 through 10 can be quite difficult because they require you to write a brief to the court explaining your legal arguments in detail and then to appear in front of a judge and argue your legal position.  If you are able, you should consider hiring an attorney to help you.  Click to visit our Lawyers and Legal Help page for more information.

Step 1:  Fill out the forms
Step 2: Prepare your application to waive fees (if necessary)
Step 3: File the forms with the District Court Clerk
Step 4:  Arrange to have your documents served
Step 5:  File your proof of service with the court clerk
Step 6: Wait for the Employment Security Division to respond
Step 7:  Prepare, file, and serve your opening brief
Step 8:  Receive and analyze any answering brief
Step 9:  Prepare, file, and serve your reply brief
Step 10:  Get your case set for a hearing and decision

Each of these steps is discussed below.

Step 1: Fill out the forms

You must complete a cover sheet, 4 Summonses, and a Petition for Judicial Review.  

You will be naming 4 different persons/entities as respondents.  The names of the agencies/administrators are already completed on the forms, but you will have to add in the name of your former employer.  

CIVIL COVER SHEET (UNEMPLOYMENT BENEFITS) - put your information in the 'plaintiff' section and list your former employer in the 'defendant' section
Pdf Fillable

PETITION FOR JUDICIAL REVIEW FORM (UNEMPLOYMENT BENEFITS)
Pdf Fillable 

SUMMONS TO EMPLOYMENT SECURITY DIVISION (UNEMPLOYMENT BENEFITS)
Pdf Fillable

SUMMONS TO KRISTINE K. NELSON AS ADMINISTRATOR (UNEMPLOYMENT BENEFITS)
Pdf Fillable

SUMMONS TO J. THOMAS SUSICH AS CHAIRPERSON (UNEMPLOYMENT BENEFITS)
Pdf Fillable

SUMMONS TO FORMER EMPLOYER (UNEMPLOYMENT BENEFITS)
Pdf Fillable

 

Step 2: Prepare Your Application To Waive Fees (If Necessary)

There is no fee to file the Petition for Judicial Review with the court clerk.  However, there is a charge of $78.00 to serve the summons and petitions (as discussed in Step 4), and there may be a charge for an interpreter if you need one at your hearing.  

If you cannot afford to pay those fees, you can ask the court to waive the costs connected with your case by filing an Application to Proceed In Forma Pauperis (sometimes called a "fee waiver application").  If the court grants your fee waiver application, the service costs and interpreter fees will be waived and you will not have to pay them.

AUTOMATED FORMS INTERVIEW AVAILABLE! There is an automated interview for litigants filling out the Application to Waive Filing Fee. This interview will complete the forms for you after you answer a series of questions. To use the interview, click here and select the "Clark County District Court Fee Waiver" interview. At the end of the interview, you will have to print your forms, sign them, and file them.

APPLICATION TO PROCEED IN FORMA PAUPERIS 
Pdf Fillable

 

Step 3: File Your Forms with the District Court Clerk

Take your completed documents to the District Court Clerk's Office on the third floor at the Regional Justice Center, 200 Lewis Avenue, in downtown Las Vegas, and give them all to the district court clerk:

  1. CIVIL COVER SHEET
  2. PETITION FOR JUDICIAL REVIEW
  3. SUMMONS TO EMPLOYMENT SECURITY DIVISION 
  4. SUMMONS TO  KRISTINE K. NELSON AS ADMINISTRATOR 
  5. SUMMONS TO  J. THOMAS SUSICH AS CHAIRPERSON
  6. SUMMONS TO YOUR FORMER EMPLOYER
  7. APPLICATION TO PROCEED IN FORMA PAUPERIS (only if asking the court to waive service and interpreter fees)

TIP!  The court will not advise you of the judge's decision on your Application to Proceed In Forma Pauperis.  You should check online to see whether the fee waiver was granted or denied.  Click to visit our Look Up My Case page.  Or you should call the court clerk in a week or so at (702) 671-4554 to see whether your application has been approved.

Step 4: Arrange To Have Your Documents Served

You must arrange to have a Summons and Petition for Judicial Review "served" (personally delivered by a process server or other official) on the respondents you named in your petition within 45 days after filing your petition. 

The Carson City Sheriff can serve the documents on the Administrator of the Employment Security Division, who will then be responsible for sending copies to all of the respondents.   

You'll need to assemble the documents to send to the Carson City Sheriff, and include a check for $78.00 to cover the cost of service.  If the court granted you a fee waiver, include the order waiving the fees to avoid this charge.  

A cover letter to the Carson City Sheriff is available below. 

COVER LETTER TO CARSON CITY SHERIFF'S OFFICE (UNEMPLOYMENT BENEFITS)
Pdf Fillable

Put a packet of documents together that includes all of the following in this order:

  1. Your completed cover letter to the Carson City Sheriff;
  2. TWO (2) FILE-STAMPED COPIES of the Summons to the Employment Security Division, with ONE (1) FILE-STAMPED COPYof the Petition for Judicial Review attached, all clipped together with a paper clip;
  3. TWO (2) FILE-STAMPED COPIES of the Summons to Kristine K. Nelson as Administrator, with ONE (1) FILE-STAMPED COPY copy of the Petition for Judicial Review attached, all clipped together;
  4. TWO (2) FILE-STAMPED COPIES of the Summons to J. Thomas Susich as Chairperson, with ONE (1) FILE-STAMPED COPY of the Petition for Judicial Review attached, all clipped together;
  5. TWO (2) FILE-STAMPED COPIES of the Summons to your former employer, with ONE (1) FILE-STAMPED COPYof the Petition for Judicial Review attached, all clipped together; and
  6. A check or money order payable to "Carson City Sheriff" in the amount of $78.00 or an "Order to Proceed in Forma Pauperis" signed by a district court judge waiving the cost of service.
  7. Place the packet of documents in the envelope you addressed and mail it to the Carson City Sheriff. Their address is: 

Carson City Sheriff's Office
c/o Kathy Thomas
911 E. Musser Street
Carson City, NV 89701

 
Step 5: File Your Proof Of Service With The Court Clerk

After the Carson City Sheriff's Office serves the documents, they will prepare four Affidavits of Service (one for each of the respondents in your case), stating how and when each respondent was served.  These affidavits will be mailed to you.

When you receive the four affidavits from the sheriff's office, you must take them to the District Court Clerk's Office (where you filed your documents) and file them with the court clerk.  

FYI!  The first document you receive from the other side will likely be called a Notice of Intent to Participate.  You will receive this notice in the mail.  You do not need to do anything in response.  It is a filing the other side has to make with the court in order to respond to your petititon.  Keep the notice for your records, though, because it contains the contact information for any attorney who might be appearing in your case.


Step 6: Wait for the Employment Security Division to respond 

Within 45 days from the time the Employment Security Division receives your petition, the division will either:

  1. File a motion to dismiss your petition; and/or
  2. File an answer, which will include the entire "record" from your administrative hearing.  You will receive a copy of your record in the mail.

If you receive a motion to dismiss the petition, the motion will outline what is deficient in your petition.  You will have 10 days to amend your petition and cure the deficiencies.  You can also file an opposition if you believe the motion should be denied.

District Court Opposition 

CAUTION!  The Employment Security Division and its attorney will mail documents to you at whatever address you included in your Petition for Judicial Review.  If you move or get a new address after you file your petition, it is important that you file a change of address form with the court and mail a copy to all of the parties in your case.  If you do not provide notice of your current address, you will not receive important documents that you will need in your case, and you may miss important deadlines that could result in you losing your case.

If you receive an answer with the record attached, the record you receive will contain copies of all documents that relate to your benefits determination and transcripts of your administrative hearings.  Review your record carefully!  You will need to use it to demonstrate to the judge why the division made a mistake in its decision regarding your unemployment benefits.

TIP!  Nevada Legal Services may be able to assist you if you have been denied benefits or your employer has appealed the determination granting benefits.  As soon as you receive your record, contact Nevada Legal Services to see if you qualify for assistance.  Visit the Nevada Legal Services website.

 

 

Step 7: Prepare, File, And Serve Your Opening Brief

You are now ready to prepare your opening brief.  Your opening brief is the heart of your case – it is where you tell the judge in writing, and by citing to your record, why you believe the Employment Security Division made a mistake regarding your unemployment benefits.

TIP!  Preparing your opening brief is probably the most difficult part of the judicial review process (along with actually appearing in court).  You might be able to retain an attorney to help you with both of those things.  Click to visit our Lawyers and Legal Help section to learn more.

Do not wait to start working on your brief!  From the date your record is mailed to you, you have only forty days to file your opening brief with the court.  Every assertion you make in your brief must be supported by a citation to your record that directs the court where to look in your record to find support for that assertion.  Researching and writing your legal arguments – and then combing through your record for citations to support those arguments – will take a lot of time, effort, and attention.  The longer you wait to start your brief, the less time you will have to finish it.

Keep in mind that the court will not hear new evidence or re-evaluate the evidence that was submitted to the Employment Security Division.  That is why it is so important to make reference to your record in your opening brief because the judge is evaluating what has already happened in your case.  The court will reverse the division's decision only if the court determines that either there is not substantial evidence in the record supporting the decision or that the decision is incorrect as a matter of law.

To help you get started, you can download a model brief by clicking on the link below.  Keep in mind that the brief is a model only; it is not intended to be used as a fill-in-the-blank form, but instead as an example of how an opening brief might look.  Every case is different.  It follows that every brief will be different because it must be tailored to the needs of your case and your particular facts and legal arguments.

MODEL PETITIONER'S OPENING BRIEF (UNEMPLOYMENT BENEFITS)
Pdf Fillable

You can also download one or more of the following sets of instructions, which will give you some guidance about arguments you might want to include in your opening brief.  Which set of instructions applies to your case will depend on why you were denied unemployment benefits.

CAUTION!  It is your responsibility to research the Nevada statutes, rules, and regulations relating to Petitions for Judicial Review and the award, review, and denial of unemployment benefits and to analyze how those impact your case.  The materials included here may not be applicable to your case, and do not constitute the totality of potentially applicable rules, regulations, statutes, and arguments.  The research librarians at your local law library may be able to provide assistance with your research.

Once you have completed your brief and edited it carefully, then:

  1. Sign your opening brief in all the spaces indicated for your signature.
  2. On the certificate of mailing on the last page, make sure you have included the names and addresses of any attorney (or other unrepresented party) who has filed anything in your case.
  3. Take the original signed brief to the District Court Clerk's Office (where you filed all your other documents), and give your brief to the clerk.  The clerk will electronically file the brief and give it back to you.  Make a copy of the filed versions for all the other parties. Retain one copy for your records.
  4. Mail a copy of your opening brief to each of the attorneys (or parties) listed on the certificate of mailing.


Step 8: Receive And Analyze Any Answering Brief

After the respondents receive your opening brief, they will prepare answering briefs and file them with the court.  The respondents will mail their answering briefs to you by regular mail.  So if you have moved, make sure you have filed a Notice of Change of Address with the court and mailed a copy of that notice to all parties.

The answering briefs will contain the respondents' arguments against the position you took in your opening brief.  Read it carefully.  It is important for you to understand what factual and legal arguments the respondents are making to defeat your claims because they will probably be the focus of the hearing and the judge's decision in your case.

If you disagree with any factual assertions or legal arguments respondents make in their brief, you can bring your disagreement to the court's attention by preparing and filing a reply brief (as described in step 11).  Remember, though, that you will need to be able to point the judge to your record to show why respondents' assertions and arguments are incorrect. 


Step 9: Prepare, File, And Serve Your Reply Brief

If you think you need to respond to some assertion or argument in respondents' answering briefs, you can prepare and file your own reply brief with the court.  Keep in mind, though, that a reply brief is not your opportunity to bring up new arguments that you did not include in your opening brief.  It is merely your opportunity to reply to the arguments made by respondents.  Also keep in mind that any assertions you make in your reply brief need to be accompanied by a citation to your record, just like in your opening brief.  You reply brief must be filed within thirty days after service of respondents' answering brief.

A reply brief is not mandatory – but it is a great opportunity for you to pick apart respondents' arguments for the judge.  If you do not believe it is necessary for you to file a reply, skip to Step 12.

To help you get started, you can download a model Reply Brief by clicking on the link below.  

MODEL PETITIONER'S REPLY BRIEF (UNEMPLOYMENT BENEFITS)
Pdf Fillable

Once you have completed your reply brief and edited it carefully, then:

  1. Sign your reply brief in the spaces indicated for your signature.
  2. On the certificate of mailing on the last page, make sure you have included the names and addresses of any attorney (or other unrepresented party) who has filed anything in your case.
  3. Take the original signed brief to the District Court Clerk's Office (where you filed all your other documents), and give your brief to the clerk.  The clerk will electronically file the brief and give it back to you.  Make a copy of the filed versions for all the other parties. Retain one copy for your records.
  4. Mail a copy of your reply brief to each of the attorneys (or parties) listed on the Certificate of Mailing.

 
Step 10: Get Your Case Set For Hearing And Decision

When all of the briefing is complete, you will need to get your case scheduled for a decision by the judge.  Some judges might require you to set a hearing on your petition, at which you and the other side will appear in court and present your case to the judge.  Other judges might not allow hearings on Petitions for Judicial Review and will make a decision based only on the briefs submitted.

The best way to find out how your judge handles Petitions for Judicial Review is to contact the judge's office and ask the judge's assistant, secretary, or clerk.  Simply tell the judge's assistant that all of the briefing is done in your case and you would like to know how to set your case for a hearing or decision.  Visit the Eighth Judicial District Court website to find the contact information for your judge's office.

If you find out that your judge wants you to "set your petition for hearing," or "set the case through master calendar," or "file a notice of hearing or motion," or something that sounds similar, that means the judge wants you to prepare a notice and take it to the District Court Clerk's Office so that your case can be set, either for a hearing or a decision "in chambers" (meaning the judge will make a decision on the briefs without the parties actually appearing in court).  To do this, you can use the Notice of Hearing on Petition for Judicial Review form by clicking on the following link:

NOTICE OF HEARING ON PETITION FOR JUDICIAL REVIEW
Pdf Fillable

Once you have completed the form and filled in all of the blanks:

  1. Sign the notice in the spaces indicated for your signature.
  2. On the certificate of mailing on the last page, make sure you have included the names and addresses of any attorney (or other unrepresented party) who has filed anything in your case.
  3. Take the original signed notice to the District Court Clerk's Office (where you filed all your other documents), and give your notice to the clerk.  The clerk will write the hearing date in, will electronically file the notice, and will give the copy back to you.  Make copies of the filed document for each party you need to serve.  Retain one copy for your records.
  4. Mail a copy of your notice to each of the attorneys (or parties) listed on the Certificate of Mailing.
  5. Attend your hearing (if a hearing has been set) or wait for the judge to issue a written decision (if the judge is deciding your case in chambers).

TIP!  To learn more about hearings and what to expect on your day in court, click to read about Going to Court.