A. Any person who is denied medical or financial assistance by the County Welfare Director pursuant to this Chapter, may file a notice of appeal with the Board of County Commissioners within ten (10) days after the denial by the County Welfare Director. The appeal must be in writing and state the reasons why the person believes the County Welfare Director erred in making his/her determination. Within thirty (30) days after receiving such notice, the Board of County Commissioners shall have a notice of the hearing served upon the person appealing or his representative. Service shall be either by personal service or by certified mail, return receipt requested, mailed to the address given on the application of the person appealing. Such notice must be given at least five (5) days in advance of the hearing date.
B. At the hearing, no formal rules of procedure will be followed. However, the burden shall be upon the appealing party to prove by a preponderance of the evidence that the County Welfare Director erred in his/her decision. The Chairman or vice chairman of the County Commissioners shall preside at the hearing and shall determine what relevant evidence may be admitted and determine what evidence is sufficiently reliable to be introduced at the hearing. Witnesses must be sworn and provide testimony and/or evidence subject to the perjury laws of the State. The presiding Commissioner shall allow both parties to cross-examine any witness who testifies at the hearing. Procedurally, the appealing party shall have the burden to go forward with the evidence and the County Welfare Director shall have the right thereafter to explain his/her decision. Then each side shall be given an opportunity to present an argument to the County Commissioners. The County Commissioners shall make a decision within ten (10) days after the hearing. The County Welfare Director or representative shall not participate in any decision made pursuant to the hearing. A decision adverse to the person denied assistance must be in writing and set forth the factual basis for the decision pursuant to the applicable provisions of this Code and the County policies and procedures. A copy of that decision must be served personally or by certified mail upon each party and his representative.
C. A person aggrieved by the final decision of the County Commissioners may, within thirty (30) days after the date on which the written notice of the decision is served or mailed, petition the District Court to review the decision, in accordance with Nevada Revised Statutes 428.093. The Court shall review the decision on the record of the case before the County, a copy of which must be certified as correct by the County and filed with the Court as part of its answer to the petition.
D. Before the date set by the Court for a hearing, an application may be made to the Court by motion, with notice to the opposing party and an opportunity for the party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the Court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the County, the Court may order that the additional evidence be taken before the County upon conditions determined by the Court. The County may modify its findings and decisions by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing Court.
E. The review must be conducted by the Court without a jury and must be confined to the record. The Court, at the request of a party, may hear oral arguments and receive written briefs.
F. The Court shall not substitute its judgment for that of the County as to the weight of the evidence on questions of fact. The Court may affirm the decision of the County or remand the case for further proceedings. The Court may reverse the decision and remand the case to the County for further proceedings if it determines that substantial rights of the appellant have been prejudiced because the County's findings, inferences, conclusions or decisions are:
1. In violation of constitutional, statutory or regulatory provisions;
2. In excess of the statutory authority of the County;
3. Made in accordance with an unlawful procedure;
4. Affected by other errors of law;
5. Clearly erroneous in view of the reliable probative and substantial evidence on the whole record; or
6. Arbitrary and capricious.
G. An aggrieved party may appeal any final judgment of the District Court to the Supreme Court in the same manner as a civil case. (Ord. 123 §7, 1992)