Heat & Frost Insulators and Allied Workers Local 16 v. Labor CommissionerAnnotate this Case
At issue was whether untimely service of a petition for judicial review on the Attorney General mandates dismissal of the petition. The Supreme Court held (1) while service of a petition for judicial review on the Attorney General under Nev. Rev. Stat. 233B.130(2)(c)(1) is mandatory and jurisdictional and must be effected within the statutorily prescribed forty-five-day period, that time period can be extended when good cause is shown under section 233B.130(5); (2) the district court may exercise its authority to extend the forty-five-day period either before or after the service period has run; and (3) because the district court in this case did not determine whether good cause to extend the time to serve the Attorney General existed before declining to consider Appellant’s motion to extend the time for service, this matter must be remanded for such a determination.