Taylor v. State Department of Health & Human Services

2013 NV 99, 314 P.3d 949, 129 Nev. 928, 129 Nev. Adv. Rep. 99, 2013 WL 6835016, 2013 Nev. LEXIS 119
CourtNevada Supreme Court
DecidedDecember 26, 2013
Docket61241
StatusPublished
Cited by40 cases

This text of 2013 NV 99 (Taylor v. State Department of Health & Human Services) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. State Department of Health & Human Services, 2013 NV 99, 314 P.3d 949, 129 Nev. 928, 129 Nev. Adv. Rep. 99, 2013 WL 6835016, 2013 Nev. LEXIS 119 (Neb. 2013).

Opinion

OPINION

By the Court,

Douglas, J.:

In this appeal from a district court order denying a petition for judicial review, we review a State Personnel Commission hearing officer’s decision in a state employment matter. We conclude that the hearing officer did not err or abuse her discretion in determining that, pursuant to the clear and unambiguous language of NRS Chapter 284, while hearing officers may determine the reasonableness of disciplinary actions and recommend appropriate levels of discipline, only appointing authorities have the power to prescribe the actual discipline imposed on permanent classified state employees. Therefore, we affirm.

FACTS AND PROCEDURAL HISTORY

Appellant Michael Taylor was employed by respondent State of Nevada, Department of Health and Human Services (DHHS), in the Division of Child and Family Services (DCFS), in a permanent classified position as a group supervisor at Caliente Youth Center. As part of his duties there, Taylor participated in a room search due to allegations of youths stealing food. During the search, there was an incident involving Taylor and one of the youths. As a result of this incident, Taylor was issued a specificity of charges document that recommended his termination from employment. Thereafter, Taylor was dismissed from employment.

Taylor administratively appealed his dismissal pursuant to NRS 284.390, and following an evidentiary hearing, the State Personnel Commission hearing officer issued a decision setting aside Taylor’s dismissal and remanding the case to DCFS to determine the appropriate level of discipline for Taylor’s infraction. In her decision, the hearing officer recommended that DCFS impose a suspension and require remedial training concerning the use of force. Taylor sought reconsideration of the decision, arguing that the hearing officer, as opposed to the employer, should determine the appropriate amount of discipline where modified discipline is required. The hearing officer denied reconsideration, and Taylor subsequently filed a petition for judicial review to have a district court decide the issue of who determines the appropriate level of discipline in his situation. Following briefing by the parties, the district court denied Taylor’s petition for judicial review, concluding that hearing *930 officers are not required to determine the appropriate level of discipline after finding that dismissal was unreasonable. This appeal followed.

DISCUSSION

On appeal, Taylor argues that the statute governing hearings to determine the reasonableness of employee discipline, NRS 284.390, does not expressly address the situation where a hearing officer determines that dismissal from state employment is too severe, but that some amount of discipline is warranted for an employee’s misconduct. He claims that some hearing officers remand the matter back to the employer, while other hearing officers determine the appropriate level of discipline themselves. Taylor asserts that the hearing officer should make the decision about the appropriate level of discipline because the hearing officer is the “fact finding tribunal” and doing so is consistent with the statutory and regulatory scheme adopted under NRS Chapter 284. We disagree and hold that pursuant to the clear and unambiguous language of NRS Chapter 284, while hearing officers may determine the reasonableness of disciplinary actions and recommend appropriate levels of discipline, only appointing authorities have the power to prescribe the actual discipline imposed on permanent classified state employees.

‘ ‘When reviewing a district court’s denial of a petition for judicial review of an agency decision, this court engages in the same analysis as the district court.” Rio All Suite Hotel & Casino v. Phillips, 126 Nev. 346, 349, 240 P.3d 2, 4 (2010). Specifically, this court reviews an administrative agency’s decision for an abuse of discretion or clear error. See id.; see also NRS 233B. 135(3). In doing so, this court defers to the agency’s findings of fact that are supported by substantial evidence; however, questions of law are reviewed de novo. Rio, 126 Nev. at 349, 240 P.3d at 4. Although statutory construction is generally a question of law reviewed de novo, this court “defer[s] to an agency’s interpretation of its governing statutes or regulations if the interpretation is within the language of the statute.” Dutchess Bus. Servs., Inc. v. Nev. State Bd. of Pharmacy, 124 Nev. 701, 709, 191 P.3d 1159, 1165 (2008). Accordingly, if the hearing officer’s interpretation of NRS Chapter 284 and its associated regulations is “within the language of the statute,” this court will defer to that interpretation.

On appeal, Taylor challenges the hearing officer’s decision to remand this matter to DCFS for a determination of appropriate discipline and her conclusion that NRS 284.390 “does not grant the *931 hearing officer authority to determine the discipline to be imposed should he find the employer’s decision unreasonable.” In determining whether this interpretation of a hearing officer’s authority is “within the language of the statute,” several statutory and regulatory provisions must be addressed. NRS 284.385 expressly empowers appointing authorities to dismiss, demote, or suspend permanent classified employees. NAC 284.022 provides that an “ ‘ [a]ppointing authority’ . . . [is] an official, board or commission having the legal authority to make appointments to positions in the state service, or a person to whom the authority has been delegated by the official, board or commission.” Here, DCFS is an appointing authority and, as such, may dismiss, demote, or suspend its permanent classified employees.

Notably absent in the definition of appointing authority, however, is any reference to a hearing officer. See NAC 284.022. This is because the role and authority of a hearing officer is distinct from that of an appointing authority. While the appointing authority may dismiss, demote, or suspend an employee, “[an] employee who has been dismissed, demoted or suspended may request . . . a hearing before the hearing officer ... to determine the reasonableness of the action.” NRS 284.390(1); Knapp v. State ex rel. Dep’t of Prisons, 111 Nev. 420, 424, 892 P.2d 575, 577 (1995). The section further provides that:

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Bluebook (online)
2013 NV 99, 314 P.3d 949, 129 Nev. 928, 129 Nev. Adv. Rep. 99, 2013 WL 6835016, 2013 Nev. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-state-department-of-health-human-services-nev-2013.