AB 12 — Revises requirements for obtaining judicial review of a decision of the Board of Review concerning a claim for unemployment benefits. (BDR 53-309)

(ReprintedAssembly withBill amendmentsNo. adopted on May 19, 2025) FIRST REPRINT A.B.

1212–Committee ASSEMBLYon BCommerce ILLNand O.Labor CHAPTER..........

12–COMMITTEE ON C OMMERCE AND L ABOR (ON BEHALF OF THE EMPLOYMENT SECURITY D IVISION OF THED EPARTMENT OF E MPLOYMENT , TRAINING AND REHABILITATION ) P REFILED OCTOBER 30, 2024 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises requirements for obtaining judicial review of a decision of the Board of Review concerning a claim for unemployment benefits.

(BDR 53-309) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

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 thethent of Administrator, unless the Administrator is the appellant, or upon such person as the AdmSectionAdministrator 1may ofdesignate. this bill sets forth additional requirements and procedures concerning that petition.

(NRS 612.530) Section 1 of this bill sets forth additional requirements and procedures concerning that petition.

If an appellant, within 45 days after the commencement of the action, fails to serve any petitionto uponcomply with the Administratorrequirements orfor histhe orpetition herand designee,the includingservice aof petitionthe thatpetition, fails section 1 provides that the court is deprived of jurisdiction over the action and is - *AB12_R1* – 2 – required to dismiss the action upon the motion of the Administrator.

If an appellant does serve a petition upon the Administrator or his or her designee within the required period, section 1 authorizes the Administrator to file a motion with the servedcourt into adismiss manner that did not comply with the requirementsaction foron the petition.asbasis Sectionthat 1 requires the appellantpetition todid curenot allcomply deficienciesor concerningwas theserved petition,in ifa any,manner withinthat 10did businessnot dayscomply afterwith the filingrequirements offor the motion.petition.

UnderSection section1 1,requires the appellant to cure all deficiencies concerning the petition, if failure of the appellant to do so deprives the court of jurisdiction over the action, and the court is required to grant the motion to dismiss if the court determines that period.itionthe petition was deficient and those deficiencies were not cured within the required Sectionperiod. 2 of this bill provides 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.

Section 2 of this bill provides 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.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Within 11 days after the decision of the Board of Review has become final, any party aggrieved thereby or the Administrator- may83rd secureSession judicial(2025) review– thereof2 by– commencing an action in the district court of the county where the employment which is the basis of the claim was performed for the review of the decision, in which action any other party to the proceedings before the Board of Review must be made a defendant.

Service of a petition pursuant to this subsection must comply with the provisions of this subsection and the applicable provisions of the Nevada Rules of Civil Procedure forfor3.he [The] If the serviceappellant offails to serve upon the Administrator, or upon such person as the Administrator may designate, any petition pursuant to subsection 2, including, without limitation, a summonspetition that does not comply or is served in a manner that does not comply with the requirements of subsection 2, within 45 days after the commencement of the action, the court is deprived of jurisdiction over the action and complaint.shall dismiss the action upon the motion of the Administrator.

3.4.

[The] If the appellant failsserves to serve upon the Administrator, or upon such person as the Administrator may designate, anya petition pursuant to subsection 2,2 including,within without45 limitation,days aafter petitionthe thatcommencement doesof notthe complyaction, orthe isAdministrator servedmay, inwithin a45 mannerdays thatafter doesthe notreceipt complyof with the requirementspetition, offile subsectiona 2,motion withinwith 45the dayscourt afterto dismiss the commencementaction ofon the action,basis that the courtpetition isdid deprivednot ofcomply jurisdictionor overwas theserved actionin anda shallmanner dismissthat thedid actionnot uponcomply with the motionrequirements of to dismiss, the Administrator.appellant shall cure each deficiency concerning then petition, if any.

- *AB12_R1* – 3 – 4.

If the appellant serves upon the Administrator, or upon such person as the Administrator may designate, a petition pursuant to subsection 2 within 45 days after the commencement of the action, the Administrator may, within 45 days after the receipt of the petition, file a motion with the court to dismiss the action on the basis that the petition did not comply or was served in a manner that did not comply with the requirements of subsection 2.

Within 10 business days after the filing of the motion to dismiss, the appellant shall cure each deficiency concerning the petition, if any.

Failure to comply with that requirement deprives the court of jurisdiction over the action and, if the court determines that the petition did not comply or was served in a manner that did not comply with the requirements of subsection 2 and the deficiencies concerning the petition were not cured within 10- 83rd Session (2025) – 3 – business days after the filing of the motion to dismiss, the court shall grant the motion to dismiss.

Except as otherwise provided in this subsection, the Administrator shall file with the court an answer within 45 days after being served with a petition pursuant to subsection 2 [or, if] unless the Administrator filed with the court a motion to dismissdismissif] pursuant to subsection 4 and the motion was denied, in which case the Administrator shall file the answer within 45 days after the date on which the motion was denied.

An appeal may be taken from the decision of the district court to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court of Nevada pursuant to Section 4 of - *AB12_R1* – 4 – Article 6 of the Nevada Constitution in the same manner, but not of inconsistent with the provisions of this chapter, as is provided in civil cases.

It is not necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the Board of Review, and no bond may be required for entering the appeal.oardappeal. of Review, [8.] 10.

[8.] 10.

- 83rd Session (2025) – 4 – Sec.

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