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SOUTHERN NEVADA OP. ENG'RS v. LABOR COMM'R

No. 42093.

119 P.3d 720 (2005)

SOUTHERN NEVADA OPERATING ENGINEERS CONTRACT COMPLIANCE TRUST, Appellant, v. Terry JOHNSON, Labor Commissioner, State of Nevada; and Crystal Cascades, Respondents.

Supreme Court of Nevada.

September 15, 2005.

Attorney(s) appearing for the Case

McCracken Stemerman Bowen & Holsberry and Andrew J. Kahn and Richard G. McCracken, Las Vegas, for Appellant.

Brian Sandoval, Attorney General, Dianna Hegeduis, Senior Deputy Attorney General, and Patricia A. Palm, Deputy Attorney General, Carson City, for Respondent Labor Commissioner.

Curran & Parry and Stanley W. Parry, Las Vegas, for Respondent Crystal Cascades.

Schreck Brignone and Andrew S. Brignone, Michael A. Kristof and Elayna J. Youchah, Las Vegas, for Amicus Curiae Nevada Contractors Association.

Before the Court En Banc.

OPINION

ROSE, J.

In this appeal, we address whether the Labor Commissioner's decision to exclude a class of workers from receiving the prevailing wage under a public works contract constituted a determination in a contested case or a regulation that was subject to the Nevada Administrative Procedure Act's1 (APA) rulemaking procedures. We conclude that the Labor Commissioner's decision effectively deleting an entire class...

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