Pacific Coast Steel v. State, Occupational Safety and Health

On February 26, 2014, appellant filed a motion for confession of error in accordance with NRAP 31(d). Appellant contends that respondent failed to timely file the answering brief and that appellant has contacted respondent "several times" to inquire about the answering brief. Respondent did not oppose the motion. Having considered the motion, and based on respondent's failure both to file an answering brief and to oppose appellant's motion, we grant appellant's unopposed motion and treat respondent's failure to file an answering brief as a confession of error. NRAP 31(d); Rhode Island v. Prins, 96 Nev. 565, 613 P.2d 408 (1980) (explaining that this court may treat a respondent's failure to file an answering brief as a confession of error). Accordingly, we reverse the district court's decision as to the denial in part of judicial review and remand this matter to the district court with instructions to grant the petition in its entirety based on respondent's confession of error on appeal and set aside the underlying decision of the Nevada Occupational Safety and Health Review Board. Finally, with regard to appellant's request for costs, NRAP 39(c)(3) requires that any request for costs be made after the entry of judgment. Thus, we deny this request without prejudice to appellant's right to file a properly supported request for costs after this appeal is formally resolved. See NRAP 39(c). It is so ORDERED.

ceet.42\ , J. Hardesty

Douglas

SUPREME COURT OF NEVADA 2 (0) 1947A

cc: Hon. Kerry Louise Earley, District Judge Lansford W. Levitt, Settlement Judge Ogletree Deakins Nash Smoak & Stewart Donald C. Smith, Division Counsel/Dept. of Business and Industry/ Div of Industrial Relations/Henderson Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A