Dubray v. Coeur Rochester, Inc.

Springer, J., with whom Rose, J., agrees,

dissenting:

When reviewing administrative decisions, a district court must “review evidence presented to the agency in order to determine whether the agency’s decision was arbitrary or capricious and thus an abuse of the agency’s discretion.” Installation & Dismantle v. SIIS, 110 Nev. 930, 932, 879 P.2d 58, 59 (1994). A district court shall set aside an agency’s decision in whole or in part if it is “clearly erroneous in view of the reliable, probative and substantial evidence on the whole record.” NRS 233B.135(3)(e). The SIIS decision is certainly not…