Frequently asked questions -

Administrative Law

What is administrative law?

Administrative law is a complex body of law that pertains to government agencies assigned the authority to make regulations and determine contested cases. Under Nevada law, “agency” includes a bureau, board, commission, department, or division within the Executive Department of the State Government. A “license” includes the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission. And, a “contested case” includes any proceeding in which the legal rights, duties or privileges of a party are required to be determined by an agency after an opportunity for hearing, or in which an administrative penalty may be imposed. If this already sounds confusing to you, don’t worry, we can help.

Although Nevada Revised Statutes (“NRS”) are passed by the Legislature and approved by the Governor, agencies have discretion to make regulations, including regulations that pertain to licensing and discipline. Regulations are codified in the Nevada Administrative Code (“NAC”).

Typically, each agency has a specific chapter or chapters of statutes and regulations that apply to its administration, regulation of practices, and discipline. But other chapters, such as NRS 233B and 622A, also apply to certain non-exempt agencies. Additionally, there may be persuasive or binding court opinions applicable to your specific case.

If you need help with your administrative law case, it is imperative that your legal counsel is well-versed in the applicable statutes, regulations, court opinions, and other legal avenues to effectively represent you. The skilled attorneys at Eccles & Taruc Law can help.

What should I do if my license application was denied?

If you applied to an agency for a license, and the agency denied your application, you may be able to appeal the denial. Specific timeframes and procedures apply. If you do not appeal correctly, you can lose your rights, and the agency’s denial of your license may be final. If you appeal correctly, you may be able to present your case, typically to a board or commission of members appointed by the Governor. The board or commission has jurisdiction to hear your appeal and issue an order based on the evidence presented at the hearing. The attorneys at Eccles & Taruc Law will ensure that your best case is presented.

What should I do if a complaint for disciplinary action has been filed against me?

If an agency filed a complaint for disciplinary action against you, and you wish to contest it, it is imperative that you immediately contact an attorney who understands and has experience in administrative law. Again, specific timeframes and procedures apply and you may lose your rights if you do not correctly answer the agency’s complaint. The agency’s complaint may request a wide range of discipline—it may be a small fine for initial minor violations, or the agency may seek maximum fines and suspension or revocation of your license for serious or repeated violations. No matter what discipline is sought, the attorneys at Eccles & Taruc Law, both former Deputy Attorneys General, can help you.

Why choose Eccles & Taruc Law for your administrative case?

The attorneys at Eccles & Taruc Law have represented and/or prosecuted cases before numerous state agencies. They have served as Deputy Attorneys General and as in-house counsel for the Division of Industrial Relations. They have honed their skills which may now inure to your benefit.