NELLIS MOTORS v. STATE, DMV

No. 49384.

197 P.3d 1061 (2008)

NELLIS MOTORS; David Brown; and David and Mary Brown, Principals of Nellis Motors, Appellants, v. The STATE of Nevada, DEPARTMENT OF MOTOR VEHICLES, Respondent.

Supreme Court of Nevada.

December 24, 2008.


Attorney(s) appearing for the Case

Thorndal, Armstrong, Delk, Balkenbush & Eisinger and Robert F. Balkenbush, Reno, for Appellants.

Catherine Cortez Masto, Attorney General, and Thomas D. Sutherland, Deputy Attorney General, Carson City, for Respondent.

BEFORE HARDESTY, PARRAGUIRRE and DOUGLAS, JJ.


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...

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