Dep’t of Health & Human Serv.’s v. Samantha Inc., 133 Nev. Adv. Op. 100 (Dec. 14, 2017)

Abstract

Under the Nevada Administrative Procedure Act (APA), the right to petition for judicial review is limited to contested cases. When Nevada’s Department of Health and Human Services (the Department) denies an applicant a registration certificate to operate a medical marijuana dispensary, it is not a contested case under the APA. Since it is not a contested case, the applicant cannot petition the court for judicial review

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