Bryant v. Private Investigators' Licensing Bd.

• Decision Date: 13 May 1976
• Docket Number: No. 8205,8205
• Citation: 92 Nev. 278,549 P.2d 327
• Parties: Irelene B. BRYANT, dba Trigger Bryant Merchant Patrol and Security Services, Appellant, v. PRIVATE INVESTIGATORS' LICENSING BOARD, Respondent.
• Court: Nevada Supreme Court

Page 327

549 P.2d 327

92 Nev. 278

Irelene B. BRYANT, dba Trigger Bryant Merchant Patrol and Security Services, Appellant, v. PRIVATE INVESTIGATORS' LICENSING BOARD, Respondent.

No. 8205.

Supreme Court of Nevada.

May 13, 1976.

Harvey Dickerson, Las Vegas, for appellant.

Robert List, Atty. Gen., Robert A. Groves, and Michael Dyer, Deputy Attys. Gen., Carson City, for respondent.

OPINION

PER CURIAM:

The Private Investigators' Licensing Board found Irelene B. Bryant guilty of unprofessional conduct and unfitness as a licensee and imposed a 90 day suspension of her license. Upon review, the district court affirmed, and in this appeal Ms. Bryant contends the record does not support the findings of fact and conclusions of law and the penalty imposed constitutes an abuse of discretion. We disagree.

In reviewing an administrative board's decision this court, like the district court, is limited to the record presented below and to the determination of whether the board acted arbitrarily or capriciously. Lellis v. Archie, 89 Nev. 550, 516 P.2d 469 (1973).

Unchallenged evidence in the record clearly establishes that Ms. Bryant failed to report the employment of an unlicensed investigator, one James Corbett, Jr., although required to do so by NRS 648.140(2). ¹

Further, the record establishes that after being discharged from an investigation, Ms. Bryant caused her employees to compile an 'officers' report' on one Iris Saxton, a former client. This report contained personal derogatory information on Iris Saxton which Ms. Bryant acquired as a result of the employment relationship. Without obtaining Iris Saxton's permission, Ms. Bryant furnished the report to Iris Saxton's former husband, contrary to the provisions of NRS 648.200. ²

Substantial evidence exists to support the board's findings and under these circumstances we do not consider the 90 day suspension excessive. Miller v. Munger, 88 Nev. 405, 498 P.2d 1336 (1972).

Affirmed.

1 NRS 648.140 provides:

'2. A licensee may employ, in connection with such business, as many unlicensed persons as may be necessary, but at all times every licensee is accountable for the good conduct of every person employed by him in connection with such business. Each licensee shall furnish the board with the name, physical description and photograph of all unlicensed employees, except clerical personnel, and shall notify the board within 10 days when such employees begin or terminate their employment.'

2 NRS 648.200 provid...