Nellis Motors v. State, Department of Motor Vehicles

OPINION

By the Court,

Parraguirre, J.:

In this appeal, we address whether the required evidentiary standard for administratively revoking emission-inspector and emission-station licenses is by clear and convincing evidence or preponderance of the evidence. We conclude that the standard is preponderance of the evidence. In light of our conclusion, we further conclude that there was substantial evidence in this matter to revoke appellants’ licenses.

FACTS AND PROCEDURAL HISTORY

This case concerns the issuance of three allegedly fraudulent passing emissions certificates in 2004. Appellants David and…