Nevada Revised Statutes 233B.140 – Procedure for applying for stay of final decision; considerations by court in making ruling; provision of security by petitioner
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1. A petitioner who applies for a stay of the final decision in a contested case shall file and serve a written motion for the stay on the agency and all parties of record to the proceeding at the time of filing the petition for judicial review.
Terms Used In Nevada Revised Statutes 233B.140
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
2. In determining whether to grant a stay, the court shall consider the same factors as are considered for a preliminary injunction under Rule 65 of the Nevada Rules of Civil Procedure.
3. In making a ruling, the court shall:
(a) Give deference to the trier of fact; and
(b) Consider the risk to the public, if any, of staying the administrative decision. The petitioner must provide security before the court may issue a stay.