standard of conduct, and thus, constituted misconduct that disqualified 

him from receiving unemployment benefits. The Employment Security 

Division's Board of Review declined further review of this determination 

and appellant sought judicial review in the district court, which denied the 

petition. This appeal followed. On appeal, appellant argues that the 

referee erred in finding that his termination was for misconduct because 

his employer knew that he had a health condition that should have 

relieved him from driving that class of commercial truck, but appellant felt 

he "had no choice but to comply" with the directive to make the delivery 

out of fear of keeping his job. 

In reviewing an administrative decision in an unemployment 

benefits matter, this court, like the district court, determines whether the 

board acted arbitrarily or capriciously. NRS 233B.135(3)(f); McCracken v. 

Fancy, 98 Nev. 30, 31, 639 P.2d 552, 553 (1982). Judicial review, whether 

by the district court or this court, is limited to the record before the 

administrative agency, NRS 233B.135(1)(b), and the administrative 

decision will not be disturbed if it is supported by substantial evidence in 

the record. Leeson v. Basic Refractories, 101 Nev. 384, 385-86, 705 P.2d 

137, 138 (1985). "Substantial evidence is that which a reasonable mind 

could find adequate to support a conclusion." Kolnik v. Nev. Emp't Sec. 

Dep't, 112 Nev. 11, 16, 908 P.2d 726, 729 (1996). 

Under NRS 612.385, if a person was discharged from work for 

"misconduct," he or she is ineligible for unemployment benefits. A willful 

violation of duties or disregard for an employer's interests may constitute 

such misconduct. Garman v. State, Emp't Sec. Dep't, 102 Nev. 563, 565, 

729 P.2d 1335, 1336 (1986) (defining misconduct "as a deliberate violation 

or a disregard of reasonable standards, carelessness or negligence showing 

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substantial disregard of duties" (internal quotation omitted)); see also 

Emp't Sec. Dep't of Nev. v. Verrati, 104 Nev. 302, 304, 756 P.2d 1196, 1997- 

98 (1988). 

Having reviewed appellant's arguments and the record on 

appeal, we conclude that substantial evidence supports the appeals 

referee's finding that appellant was discharged for reasons constituting 

misconduct, and thereby, disqualified from receiving unemployment 

benefits. Notably, the appeals referee considered appellant's testimony, 

and made the factual determination that appellant had not informed his 

employer that his commercial driver's license had expired. The 

administrative record supports this finding. See Lellis v. Archie, 89 Nev. 

550, 554, 516 P.2d 469, 471 (1973) (recognizing that this court will not 

substitute its judgment for that of the referee on issues of credibility or the 

weight of the evidence). 

Appellant's failures to maintain the necessary driver's license 

for his employment, and to notify his employer that he did not possess a 

valid license for the truck he was instructed to drive, demonstrates a 

disregard of reasonable standards of conduct. See Richardson v. Miss. 

Emp't Sec. Comm'n, 593 So. 2d 31, 34-35 (Miss. 1992) (concluding that the 

failure to maintain a driver's license required as a condition of 

employment amounted to misconduct disqualifying the appellant from 

receiving unemployment benefits); see also Garman, 102 Nev. at 565, 729 

P.2d at 1336 (explaining that when misconduct is a mixed question of law 

and fact, the agency's determination must be given deference similar to 

that given to findings of fact when supported by substantial evidence). 

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Accordingly, the Board's decision to affirm the appeals referee's ruling was 

not arbitrary or capricious, and thus, we affirm the district court's denial 

of appellant's petition for judicial review. 

It is so ORDERED. 

Gibbons 

Douglw 

Saitta 

cc: Hon. Douglas W. Herndon, District Judge 

Douglas Villwock 

State of Nevada/DETR 

Eighth District Court Clerk 

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' J