Opinion
No. 72604
08-30-2018
ROGER HILLYGUS, Appellant, v. STATE OF NEVADA DEPARTMENT OF ADMINISTRATION; OFFICER LORNA L. WARD, IN HER CAPACITY AS APPEALS OFFICER; CAROL NELSON OF THE STATE OF NEVADA DIVISION OF FORESTRY IN HER CAPACITY; CANNON COCHRAN MANAGEMENT SERVICES, INC., THE THIRD PARTY ADMINISTRATOR FOR AIG INSURANCE; AIG INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA; CATHY PASCHANE OF NATIONAL CAREER SKILLS INSTITUTE; KARI ALBERT, IN HER CAPACITY AS REHABILITATION COUNSLER; AND JAMES A MCCARTY ATTORNEY FOR RESPONDENTS, Respondents.
ORDER OF AFFIRMANCE
Roger Hillygus appeals from district court orders dismissing a petition for judicial review and denying an NRCP 60(b)(3) motion. Third Judicial District Court, Lyon County; Leon Aberasturi, Judge.
In regard to arguments that the appeal of the order dismissing the petition for judicial review was untimely, the notice of appeal was timely filed because the notice of entry served for that order did not trigger the running of the NRAP 4(a)(1) appeal period, See NRCP 58(e) (requiring the notice of entry to be served by a party, except in family law matters where the court may serve it); see also In re Duong, 118 Nev. 920, 922-23, 59 P.3d 1210, 1211-12 (2002) (concluding that the deadline for filing an appeal had not yet begun to run when the notice of appeal was filed because the respondent had failed to serve the appellant with written notice of entry). --------
Hillygus filed a petition for judicial review of an administrative decision which upheld the termination of his vocational rehabilitation benefits. Respondents Cannon Cochran Management Services, Inc. and AIG Insurance Company of the State of Pennsylvania moved to dismiss based, in part, on Hillygus' failure to serve the petition on the Attorney General, as required by statute. The district court granted the motion over Hillygus' opposition. Hillygus then filed an NRCP 60(b)(3) motion seeking to set aside the dismissal, which the district court denied. This appeal followed.
NRS 233B.130(2)(c)(1) requires a petition for judicial review of an administrative decision to be served upon the Attorney General or a person designated by the Attorney General. This requirement is mandatory and jurisdictional and failure to comply with it requires dismissal. See Heat & Frost Insulators and Allied Workers Local 16 v. Labor Comm'r, 134 Nev. ___, ___, 408 P.3d 156, 159 (2018). Our review of the arguments and record before us on appeal reveals that Hillygus did not serve the petition for judicial review on the Attorney General or a person designated by the Attorney General. Therefore, dismissal was required and we affirm the order dismissing the petition. See id.
Further, given Hillygus' failure to comply with the jurisdictional requirement that the petition be served on the Attorney General, we conclude the district court did not abuse its discretion in denying Hillygus' NRCP 60(b)(3) motion. See Cook v. Cook, 112 Nev. 179, 181-82, 912 P.2d 264, 265 (1996) (stating that a district court order denying an NRCP 60(b) motion will not be disturbed on appeal absent an abuse of discretion). Thus, we affirm the district court orders at issue in this matter.
It is so ORDERED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Leon Aberasturi, District Judge
Roger Hillygus
Attorney General/Carson City
Cathy Paschane
Beckett, Yott, McCarty & Spann/Reno
Kari Albert
Lorna L. Ward
Third District Court Clerk