NRS284.390. Hearing to determine reasonableness of dismissal, demotion or suspension; judicial review.

      1.  Within 10 working days after the effective date of an employee’s dismissal, demotion or suspension pursuant to NRS 284.385, the employee who has been dismissed, demoted or suspended may request in writing a hearing before the hearing officer of the Commission to determine the reasonableness of the action. The request may be made by mail and shall be deemed timely if it is postmarked within 10 working days after the effective date of the employee’s dismissal, demotion or suspension.

      2.  The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employee’s written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing calendar of the hearing officer, in which case the hearing must be scheduled for the earliest possible date after the expiration of the 20 days.

      3.  The employee may represent himself or herself at the hearing or be represented by an attorney or other person of the employee’s own choosing.

      4.  Technical rules of evidence do not apply at the hearing.

      5.  After the hearing and consideration of the evidence, the hearing officer shall render a decision in writing, setting forth the reasons therefor.

      6.  If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, the action must be set aside and the employee must be reinstated, with full pay for the period of dismissal, demotion or suspension.

      7.  The decision of the hearing officer is binding on the parties.

      8.  Any petition for judicial review of the decision of the hearing officer must be filed in accordance with the provisions of chapter 233B of NRS.

      [50:351:1953]—(NRS A 1969, 897; 1973, 275, 589; 1977, 62, 992; 1983, 247, 638; 1989, 1587, 1653; 1993, 544; 2011, 2954)