Pacific Coast Steel v. State, Occupational Safety and Health ( 2014 )

 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