reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.142 - Orders prohibiting insurer from transacting insurance: Commissioner required to deliver copy to Secretary of State; duties of Secretary of State upon receipt.

1. The Commissioner shall deliver to the Secretary of State a copy of an order of the Commissioner or of the district court prohibiting an insurer from transacting insurance in this state as a corporation, limited-liability company, limited partnership or limited-liability partnership.
2. Upon receiving the order, the Secretary of State shall nullify the charter of the corporation or limited-liability company or the certificate of the limited partnership or limited-liability partnership.
3. The Secretary of State shall not accept for filing a document with the same name as a corporation, limited-liability company, limited partnership or limited-liability partnership whose charter or certificate has been nullified.
(Added to NRS by 1997, 3016)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.145 - Publication, maintenance and distribution of guide to rates for policies of insurance for motor vehicles.

The Commissioner shall:
1. Publish a guide to rates for policies of insurance for motor vehicles which contains:
(a) An explanation of the various types of coverage available.
(b) A list of all insurers which offer insurance for motor vehicles in Nevada.
(c) Comparisons of the cost for each type of insurance when purchased from the five insurers who offer it at the highest price and the five insurers who offer it at the lowest price, using one or more hypothetical examples developed by the Commissioner.
(d) Any other information which the Commissioner deems appropriate and useful to the public.
2. Maintain the guide by republishing it with revised information at least once each year.
3. Distribute the guide and the information contained in the guide in any manner the Commissioner deems appropriate.
(Added to NRS by 1989, 577)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.150 - Measures to enhance public understanding of coverages and to encourage competition; standards for policies; criteria to determine suitability of contracts and sales practices.

1. The Commissioner may:
(a) Take measures to enhance the public understanding of insurance coverages purchased by consumers and encourage price competition among insurers and a public understanding of the standards promulgated under paragraph (b).
(b) Develop, promulgate and revise as the Commissioner deems appropriate, standards in each of the several areas of insurance appropriate to be applied to policies sold in the State of Nevada. The standards must seek to ensure that policies are not unjust, unfair, inequitable, unfairly discriminatory, misleading, deceptive, obscure or encourage misrepresentation or misunderstanding of the contract.
(c) Develop criteria to determine the suitability of insurance contracts and the practices used in the sale of insurance.
2. This section does not prohibit an insurer from offering policies encompassing standards more favorable to the insured than those promulgated under this section.
(Added to NRS by 1971, 1564; A 1971, 1932; 2001, 2180)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.152 - Review of fees for medical or dental care determined to be usual and customary; plans limiting selection of dentist.

1. Every insurer or organization for dental care which pays claims on the basis of fees for medical or dental care which are "usual and customary" shall submit to the Commissioner a complete description of the method it uses to determine those fees. Except as otherwise provided in NRS 239.0115, this information must be kept confidential by the Commissioner. The fees determined by the insurer or organization to be the usual and customary fees for that care are subject to the approval of the Commissioner as being the usual and customary fees in that locality. The provisions of this subsection apply to medical or dental care provided to a claimant under any contract of insurance.
2. Any contract for group, blanket or individual health insurance and any contract issued by a nonprofit hospital, medical or dental service corporation or organization for dental care, which provides a plan for dental care to its insureds or members which limits their choice of a dentist, under the plan to those in a preselected group, must offer its insureds or members the option of selecting a plan of benefits which does not restrict the choice of a dentist. The selection of that option does not entitle the insured or member to any increase in contributions by his or her employer or other organization toward the premium or cost of the optional plan over that contributed under the restricted plan.
(Added to NRS by 1983, 2028; A 1985, 1148; 2001, 2181; 2007, 2152)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.159 - Report of violation to Commissioner; confidentiality of report.

1. Every insurer, agent, solicitor, broker, administrator or other person who has knowledge of a violation of any provision of this Code shall promptly report the facts and circumstances pertaining to the violation to the Commissioner.
2. Except as otherwise provided in NRS 239.0115, if a person who submits information pursuant to subsection 1 so requests, the Commissioner shall keep the person’s name and the information confidential.
(Added to NRS by 1985, 1063; A 2007, 2153)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.160 - Advisory councils and committees.

1. The Commissioner may create advisory councils and committees to assist the Commissioner in dealing with regulatory problems. The Commissioner may appoint members and may provide by rule for the creation, governance, duties and termination of any council or committee the Commissioner establishes.
2. The Commissioner may create at least one advisory council to represent the consumer interest in insurance, to be made up of members with no substantial interest in any aspect of the insurance industry, except as insureds.
(Added to NRS by 1971, 1565)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.170 - Private ombudsmen.

The Commissioner may by rule or regulation require any or all insurers to designate a special complaint representative, who may be an officer, employee or agent, to investigate and report on complaints received from insureds or other persons. In order to achieve some degree of independence and authority in such representatives, the Commissioner may require that they report directly to the board of directors or other specified office, or that they have additional authority or status.
(Added to NRS by 1971, 1565; A 1971, 1933)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.180 - Enforcement; Attorney General to act as legal counsel; exception.

1. The Commissioner may invoke the aid of the courts through injunction or other proper process, mandatory or otherwise, to enjoin any existing or threatened violation of any provision of this Code, or to enforce any proper order made by or action taken by the Commissioner.
2. If the Commissioner has reason to believe that any person has violated any provision of this Code, or other law applicable to insurance operations, for which criminal prosecution in the opinion of the Commissioner would be in order, the Commissioner shall give the information relative thereto to the appropriate district attorney or to the Attorney General. The district attorney or Attorney General shall promptly institute such action or proceedings against such person as in the opinion of the district attorney or Attorney General the information may require or justify.
3. Except as otherwise provided in this Code, the Attorney General shall act as legal counsel to the Division and the Commissioner in all matters pertaining to the administration and enforcement of this Code.
(Added to NRS by 1971, 1565; A 1975, 1286; 1983, 1385; 1991, 1616; 1993, 1899; 1995, 2697)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.185 - Administrative fine for willfully engaging in unauthorized transaction of insurance: Limitation; enforcement.

1. If any person willfully engages in the unauthorized transaction of insurance, the Commissioner may impose an administrative fine of not more than $10,000 for each act or violation.
2. An administrative fine imposed pursuant to this section is in addition to any other administrative fine or penalty provided for in this title, except a fine or penalty imposed pursuant to NRS 686A.183, 686A.187, 696B.500 or 696B.520.
3. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Commissioner.
4. Except as otherwise provided by specific statute, the Commissioner shall commence a proceeding to impose an administrative fine pursuant to subsection 1 not later than 5 years after the date on which the act or violation occurred.
(Added to NRS by 1993, 2381; A 1997, 3017)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.187 - Person who invests or handles money or assets of insurer designated fiduciary; prohibited conduct by fiduciary; penalty.

1. An officer, director, employee or agent of a domestic or foreign insurer who has the duty or power of investing or handling the money or assets of the insurer located in this state is a fiduciary of that money or those assets. Such an officer, director, employee or agent shall not appropriate, divert or convert to his or her own use such money or assets.
2. A person who violates subsection 1 is guilty of embezzlement and, in addition to any other penalty provided by law, shall be punished in accordance with NRS 205.300.
(Added to NRS by 1997, 3016)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.200 - Evidentiary effect of Commissioner’s certificates and certified copies of documents.

1. All certificates issued by the Commissioner in accordance with the provisions of this Code and all copies of documents filed in his or her office in accordance with the provisions of this Code when certified by the Commissioner must be taken and received in all courts and public offices and by official bodies of this state as prima facie evidence of the facts therein stated.
2. A certificate by the Commissioner under the seal of the Division as to facts relating to insurers which would not appear from a certified copy of any of the documents or certificates specified in subsection 1 must be taken and received in all courts and public offices and by official bodies as prima facie evidence of the facts therein stated.
(Added to NRS by 1971, 1566; A 1991, 1617; 1993, 1900)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.220 - Interstate and international cooperation.

1. The Commissioner shall communicate on request of the regulatory officer for insurance in any state, province or country any information which it is the duty of the Commissioner by law to ascertain respecting authorized insurers.
2. The Commissioner may:
(a) Be a member of the National Association of Insurance Commissioners or any successor organization;
(b) Exchange with the association or any successor organization any information, not otherwise confidential, relating to applicants and licensees under this title;
(c) Communicate with the association or any successor organization concerning the business of insurance generally;
(d) Enter into compacts with the regulatory officers in other states to:
(1) Further the uniform treatment of insurers throughout the United States;
(2) Ensure market stability; or
(3) Ensure essential insurance is made available to Nevada residents; and
(e) Participate in and support other cooperative activities of public officers having supervision of the business of insurance.
(Added to NRS by 1971, 1566; A 1987, 594; 2001, 2182; 2019, 1433)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.227 - Statute of limitations for commencing proceedings to collect premium tax.

The Commissioner has 7 years in which to begin proceedings to collect the premium tax and associated penalties and fines imposed pursuant to NRS 680B.027, 680B.039, 680B.040, 685A.180, 685A.190 and 685B.035, where the tax has been unreported or has been concealed by error or omission, and where the amount of the tax is known or through reasonable diligence should have been known.
(Added to NRS by 1995, 1611)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.228 - Fee for returned check or other dishonored payment.

The Division shall charge a person a fee in the amount established by the State Controller pursuant to NRS 353C.115 for each check or other method of payment that is returned to the Division or otherwise dishonored because the person had insufficient money or credit with the drawee or financial institution to pay the check or other method of payment or because the person stopped payment on the check or other method of payment.
(Added to NRS by 1997, 3016; A 2001, 1880; 2003, 20th Special Session, 228; 2005, 592)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.230 - Examination of insurers.

1. For the purpose of determining its financial condition, fulfillment of its contractual obligations and compliance with law, the Commissioner shall, as often as he or she deems advisable, examine the affairs, transactions, accounts, records and assets of each authorized insurer, and of any person as to any matter relevant to the financial affairs of the insurer or to the examination. Except as otherwise expressly provided in this title, the Commissioner shall so examine each authorized insurer not less frequently than every 5 years. In scheduling and determining the nature, scope and frequency of the examinations, the Commissioner shall consider:
(a) The results of any analysis of any applicable financial statement;
(b) Any change in management or ownership of the insurer;
(c) Any applicable actuarial opinion or summary;
(d) Any applicable report of an independent certified public accountant; and
(e) Any other applicable criteria set forth in the most recent edition of the Financial Condition Examiners Handbook, published by the NAIC, and the most recent edition of the Market Regulation Handbook, published by the NAIC, which are in effect when the Commissioner exercises his or her discretion pursuant to this section.
2. In examining an insurer pursuant to this section, the Commissioner may examine or investigate any person, or the business of any person, if the examination or investigation is, in the sole discretion of the Commissioner, necessary or material to the examination of the insurer.
3. Examination of an alien insurer must be limited to its insurance transactions, assets, trust deposits and affairs in the United States, except as otherwise required by the Commissioner.
4. The Commissioner shall in like manner examine each insurer applying for an initial certificate of authority to transact insurance in this state.
5. In lieu of an examination under this chapter, the Commissioner may accept a report of the examination of a foreign or alien insurer prepared by the Division for a foreign insurer’s state of domicile or an alien insurer’s state of entry into the United States.
6. As far as practical the examination of a foreign or alien insurer must be made in cooperation with the insurance supervisory officers of other states in which the insurer transacts business.
(Added to NRS by 1971, 1567; A 1995, 1750; 2017, 61)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.240 - Examination of holding companies, subsidiaries, agents, promoters, independent review organizations and others.

To ascertain compliance with law, or relationships and transactions between any person and any insurer or proposed insurer, the Commissioner may, as often as he or she deems advisable, examine the accounts, records, documents and transactions relating to such compliance or relationships of:
1. Any producer of insurance, solicitor, surplus lines broker, general agent, adjuster, insurer representative, bail agent, motor club agent or any other licensee or any other person the Commissioner has reason to believe may be acting as or holding himself or herself out as any of the foregoing.
2. Any person having a contract under which the person enjoys in fact the exclusive or dominant right to manage or control an insurer.
3. Any insurance holding company or other person holding the shares of voting stock or the proxies of policyholders of a domestic insurer, to control the management thereof, as voting trustee or otherwise.
4. Any subsidiary of the insurer.
5. Any person engaged in this state in, or proposing to be engaged in this state in, or holding himself or herself out in this state as so engaging or proposing, or in this state assisting in, the promotion, formation or financing of an insurer or insurance holding corporation, or corporation or other group to finance an insurer or the production of its business.
6. Any independent review organization, as defined in NRS 695G.026.
(Added to NRS by 1971, 1567; A 1983, 1102; 1997, 3374; 2003, 3277; 2011, 3349; 2017, 2332)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.250 - Conduct of examination; access to records; corrections; penalty.

1. When the Commissioner determines to examine the affairs of any person, the Commissioner shall designate one or more examiners and instruct them as to the scope of the examination. The examiner shall, upon demand, exhibit the official credentials of the examiner to the person under examination.
2. The Commissioner shall conduct each examination in an expeditious, fair and impartial manner.
3. Upon any such examination the Commissioner, or the examiner if specifically so authorized in writing by the Commissioner, may administer oaths, and examine under oath any person as to any matter relevant to the affairs under examination or relevant to the examination.
4. Every person being examined, its officers, attorneys, employees, agents and representatives shall make freely available to the Commissioner or the examiners of the Commissioner the accounts, records, documents, files, information, assets and matters of the person examined in his or her possession or control relating to the subject of the examination and shall facilitate the examination.
5. If the Commissioner or examiner finds any accounts or records to be inadequate, or inadequately kept or posted, the Commissioner may employ experts to reconstruct, rewrite, post or balance them at the expense of the person being examined if that person has failed to maintain, complete or correct the records or accounting after the Commissioner or examiner has given the person written notice and a reasonable opportunity to do so.
6. Neither the Commissioner nor any examiner may remove any record, account, document, file or other property of the person being examined from the offices or place of the person examined except with the written consent of the person before removal or pursuant to an order of court duly obtained. This provision does not affect the making and removal of copies or abstracts of any such record, account, document or file.
7. Any person who refuses without just cause to be examined under oath or who willfully obstructs or interferes with the examiners in the exercise of their authority pursuant to this section is guilty of a misdemeanor.
8. This chapter does not limit the Commissioner’s authority:
(a) To terminate or suspend an examination in order to pursue other legal or regulatory action.
(b) During any hearing or any legal action, to use and, if so ordered by a court, to make public a final or preliminary report of an examination, working papers or other documents of an examiner or insurer, or any other information discovered or developed during the course of an examination. Such documents must be given their appropriate evidentiary weight and must not be accepted as prima facie evidence of the facts contained therein.
(Added to NRS by 1971, 1567; A 1995, 1750)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.260 - Appraisal of asset.

1. If the Commissioner deems it necessary to value any asset involved in such an examination, the Commissioner may make written request of the person being examined to appoint one or more appraisers who by reason of education, experience or special training, and disinterest, are competent to appraise the asset. Selection of any such appraiser shall be subject to the written approval of the Commissioner. If no such appointment is made within 10 days after the request therefor was delivered to such person, the Commissioner may appoint the appraiser or appraisers.
2. Any such appraisal shall be expeditiously made, and a copy thereof furnished to the Commissioner and to the person being examined.
3. The reasonable expense of the appraisal shall be borne by the person being examined.
(Added to NRS by 1971, 1568)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.270 - Report of examination: Filing; contents; evidentiary effect in certain proceedings.

1. No later than 60 days after the completion of an examination, the examiner designated by the Commissioner shall file a verified report of examination, in writing, which must be comprised only of facts appearing upon the books, records or other documents of the insurer or its agents or other persons examined concerning its affairs, or as ascertained from the testimony of the officers or agents or other persons examined concerning its affairs, and such conclusions and recommendations as the examiner finds reasonably warranted from the facts. The report of examination must be verified by the oath of the examiner making the report.
2. Such a report of examination of an insurer so verified is prima facie evidence in any action or proceeding for the receivership, conservation or liquidation of the insurer brought in the name of the state against the insurer, its officers or agents upon the facts stated therein.
(Added to NRS by 1971, 1569; A 1977, 693; 1995, 1751; 2017, 62)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.280 - Report of examination: Delivery of copy and notice to examinee; right of examinee to review and respond to report; entry of order by Commissioner; Commissioner authorized to order insurer to cure violation.

1. Upon receipt of the verified report of the examination, the Commissioner shall deliver a copy of the report to the person examined, together with a notice affording the person 10 days or such additional reasonable period as the Commissioner for good cause may allow within which to review the report and make a written submission or rebuttal with respect to recommended changes or any matters contained in the report.
2. Within 30 days after the end of the period allowed for the receipt of written submissions or rebuttals, the Commissioner shall fully consider and review the report, together with any written submissions or rebuttals and any relevant portions of the examiner’s working papers and enter an order:
(a) Adopting the report as filed or with modification or corrections;
(b) Rejecting the report with directions to the examiner to reopen the examination for purposes of obtaining additional data, documentation or information, and requiring the refiling of the report pursuant to subsection 1 of NRS 679B.270; or
(c) For an investigatory hearing for purposes of obtaining additional documentation, data, information and testimony.
3. If the report reveals that the insurer is operating in violation of any law, regulation or previous order of the Commissioner, the Commissioner may order the insurer to take any action the Commissioner considers necessary or appropriate to cure the violation.
(Added to NRS by 1971, 1569; A 1991, 1618; 1993, 2901; 1995, 1751)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.282 - Report of examination: Hearing; filing for public inspection; forwarding filed report to examinee; distribution and presentation of report of examination of domestic insurer.

1. If requested by the person examined, within the period allowed under subsection 1 of NRS 679B.280, or if ordered pursuant to subsection 2 of that section, the Commissioner shall hold a hearing relative to the report and shall not file the report in the Division for public inspection until after the hearing and the order of the Commissioner thereon.
2. If no hearing has been requested or ordered, the examination report, with such modifications, if any, thereof as the Commissioner deems proper, must be filed in the Division for public inspection within 30 days after the expiration of the period allowed for review by the person examined. Otherwise the report must be so filed within 30 days after final hearing thereon, except that the Commissioner may withhold from public inspection any report for so long as the Commissioner deems such withholding to be necessary for the protection of the person examined against unwarranted injury or to be in the public interest.
3. The Commissioner shall forward to the person examined a copy of the examination report as filed, together with any recommendations or statements relating thereto which the Commissioner deems proper.
4. If the report concerns the examination of a domestic insurer, a copy of the report, or a summary thereof approved by the Commissioner must be presented by the insurer’s chief executive officer to the insurer’s board of directors or similar governing body at its next regular board meeting. A copy of the report must also be furnished by the secretary of the insurer, if incorporated, or by the attorney-in-fact if a reciprocal insurer, within 30 days after receipt of the report in final form by the insurer, to each member of the insurer’s board of directors or board of governors, if a reciprocal insurer, and the certificate of the secretary or attorney-in-fact that a copy of the examination report has been so furnished shall be deemed to constitute knowledge of the contents of the report by each such member.
(Added to NRS by 1995, 1749)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.285 - Report of examination: Disclosure; confidentiality.

1. The Commissioner may disclose the content of a report, preliminary report, or the results of an examination, or any matter relating thereto, to the Division or any agency of any other state or country that regulates insurance, or to law enforcement officers of this or any other state, or to an agency of the Federal Government at any time, if the agency or office receiving the report or matter relating thereto agrees in writing to hold it confidential in a manner consistent with this chapter. Access may also be granted to the National Association of Insurance Commissioners.
2. All working papers, recorded information, documents and copies thereof produced by, obtained by or disclosed to the Commissioner or any other person in the course of an examination made under this chapter are confidential, are not subject to subpoena, and may not be made public by the Commissioner or any other person, except as necessary for a hearing or as provided in this section, subsection 4 of NRS 679B.282 and NRS 239.0115. A person to whom information is given must agree in writing before receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the insurer to which it pertains has been obtained.
(Added to NRS by 1995, 1749; A 2007, 2154)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.287 - Limitations on actions and liability for communicating or delivering information or data pursuant to examination; Commissioner, representatives and examiners entitled to attorney’s fees and costs in certain tort actions.

1. No cause of action arises, nor may any liability be imposed against any person for the act of communicating or delivering information or data to the Commissioner or any authorized representative or examiner of the Commissioner pursuant to an examination made under this chapter, if the act of communication or delivery was performed in good faith and without fraudulent intent, the intent to deceive or gross negligence.
2. The Commissioner, his or her authorized representative or any examiner appointed by the Commissioner is entitled to an award of attorney’s fees and costs if he or she is the prevailing party in a civil cause of action for libel, slander or any other relevant tort arising out of activities in carrying out the provisions of NRS 679B.230 to 679B.300, inclusive, and the party bringing the action was not substantially justified in doing so. For the purposes of this subsection, an action is "substantially justified" if it had a reasonable basis in law or fact at the time that it was brought.
(Added to NRS by 1995, 1748)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.290 - Expense of examination; billing for examination; regulations.

1. Except as otherwise provided in subsection 2:
(a) The expense of examination of an insurer, or of any person referred to in subsection 1, 2, 5 or 6 of NRS 679B.240, must be borne by the person examined. Such expense includes only the reasonable compensation and per diem allowance of the examiners of the Commissioner, including expert assistance, and incidental expenses as necessarily incurred in the examination. As to expense involved in any such examination, the Commissioner shall give due consideration to scales and limitations recommended by the National Association of Insurance Commissioners and outlined in the examination manual sponsored by that association.
(b) The person examined shall promptly pay the expenses of the examination upon presentation by the Commissioner of a reasonably detailed written statement thereof.
2. The Commissioner may bill an insurer for the examination of any person referred to in subsection 1 of NRS 679B.240 and shall adopt regulations governing such billings.
(Added to NRS by 1971, 1570; A 1995, 1612; 2003, 3277; 2019, 1686)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.300 - Deposit of money; payment of certain expenses.

1. All money received by the Commissioner pursuant to NRS 679B.290 must be deposited in the Fund for Insurance Administration and Enforcement created by NRS 680C.100.
2. Money for travel, per diem, compensation and other necessary and authorized expenses incurred by an examiner or other representative of the Division in the examination of any person required to pay, and making payment of, the expense of examination pursuant to NRS 679B.290 must be paid out of the Fund for Insurance Administration and Enforcement as other claims against the State are paid.
(Added to NRS by 1971, 1570; A 1979, 121; 1991, 1618; 1993, 1901; 1995, 1415; 2010, 26th Special Session, 25; 2011, 979; 2015, 2832)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.305 - Creation; use; assessment of fee to maintain balance; regulations; limit of liability.

1. There is hereby created the Insurance Recovery Account in the Fund for Insurance Administration and Enforcement created by NRS 680C.100.
2. A balance of not less than $40,000 must be maintained in the Account to be used for satisfying claims against persons licensed pursuant to chapters 683A, 684A, 685A and 692A of NRS. Except as otherwise provided in this subsection, if the balance in the Account is less than $40,000 at the end of a fiscal year, the Commissioner may, during the next fiscal year, assess a fee of not more than $10 on each person licensed pursuant to chapter 683A, 684A, 685A or 692A of NRS. The Commissioner shall deposit such fees into the Insurance Recovery Account. The Commissioner shall not assess a fee pursuant to this subsection in consecutive fiscal years.
3. The Commissioner shall adopt reasonable regulations for:
(a) The administration of the Account, including the manner, time, procedure and grounds for recovery against the Account; and
(b) The assessment of a fee pursuant to subsection 2.
4. The limit of liability of the Insurance Recovery Account is $5,000 per fiscal year for any one licensee.
(Added to NRS by 1977, 1326; A 1981, 1796; 1987, 149; 1991, 1818; 2010, 26th Special Session, 25; 2011, 979; 2015, 2832)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.310 - Administrative procedures; hearings in general.

1. The Commissioner may hold a hearing, without request by others, to determine whether an insurer or an employee of an insurer has engaged in unsuitable conduct and for any other purpose within the scope of this Code.
2. The Commissioner shall hold a hearing:
(a) If required by any other provision of this Code; or
(b) Upon written application for a hearing by a person aggrieved by any act, or failure of the Commissioner to act, that is related to the business of insurance, or by any report, rule, regulation or order of the Commissioner, other than an order for the holding of a hearing, or an order issued on a hearing of which the person had notice. The application must be filed in the Division within 60 days after the person knew or reasonably should have known of the act, failure, report, rule, regulation or order, unless a different period is provided for by any other law applicable to the particular matter, in which case the other law governs.
3. Any such application for a hearing must briefly state the respects in which the applicant is so aggrieved, together with the grounds to be relied upon as a basis for the relief to be sought at the hearing.
4. If the Commissioner finds that the application is made in good faith, that the applicant would be so aggrieved if his or her grounds are established and that the grounds otherwise justify the hearing, the Commissioner shall hold the hearing within 60 days after the filing of the application, unless postponed by mutual consent. Failure to hold the hearing upon application therefor of a person entitled thereto as provided in this section constitutes a denial of the relief sought, and is the equivalent of a final order of the Commissioner on hearing for the purpose of an appeal pursuant to NRS 679B.370.
5. Pending the hearing and decision thereon, the Commissioner may suspend or postpone the effective date of the previous action of the Commissioner.
6. Except as otherwise provided by specific statute, the Commissioner shall issue a final order in a contested case within 45 days after the close of the hearing on the contested case. As used in this subsection, "contested case" has the meaning ascribed to it in NRS 233B.032.
(Added to NRS by 1971, 1570; A 1991, 807, 1619, 1636; 1993, 1902; 2023, 2619)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.320 - Notice of hearing.

1. Except where a different period is expressly provided, the Commissioner shall give written notice of the hearing not less than 20 days in advance. The notice shall state the date, time and place of the hearing and specify the matters to be considered thereat. If the persons to be given notice are not specified in the provision pursuant to which the hearing is held, the Commissioner shall give such notice to all persons whose pecuniary interest, to the Commissioner’s knowledge or belief, are to be directly and immediately affected by the hearing.
2. If any person is entitled to a hearing by any provision of this Code before any proposed action is taken, the notice of the hearing may be in the form of a notice to show cause, stating that the proposed action may be taken unless such person shows cause at a hearing to be held as specified in the notice why the proposed action should not be taken, and stating the basis of the proposed action.
3. If any such hearing is to be held for consideration of rules and regulations of the Commissioner, or of other matters which, under subsection 1, would otherwise require separate notices to more than 30 persons, in lieu of other notice the Commissioner may give notice of the hearing by publication thereof in a newspaper of general circulation in this state, at least once each week during the fourth and second weeks next preceding the week in which the hearing is to be held; but the Commissioner shall mail such notice to all persons who had requested the same in writing in advance and had paid to the Commissioner the reasonable amount fixed by the Commissioner to cover the cost thereof.
4. All such notices, other than published notices, shall be given as provided in NRS 679B.140.
(Added to NRS by 1971, 1571)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.330 - Location; presiding officer; evidence; parties; record of proceedings and evidence.

1. The Commissioner may hold a hearing in Carson City, Nevada, or any other place of convenience to parties and witnesses, as the Commissioner determines. The Commissioner, a deputy or assistant of the Commissioner, or a person appointed by the Commissioner, shall preside at the hearing, and shall expedite the hearing and all procedures involved therein.
2. The Commissioner may appoint a person who is not associated with the Division to conduct a hearing if the hearing requires a disinterested or impartial hearing officer. A person so appointed shall comply with the provisions which govern hearings conducted by the Commissioner. An order issued by such a person has the same effect as an order issued by the Commissioner.
3. Testimony may be taken orally or by deposition, and any party has the same right to introduce evidence by interrogatories or deposition as the party would have in a district court.
4. Upon good cause shown the Commissioner shall permit to become a party to the hearing by intervention, if timely, only such persons, not original parties thereto, whose pecuniary interests are to be directly and immediately affected by the Commissioner’s order made upon the hearing.
5. The Commissioner shall cause a record of the proceedings to be made. If transcribed, a copy of the record must be part of the Commissioner’s record of the hearing and a copy must be furnished to any other party to the hearing, at the request and expense of the other party. If no such record is transcribed, the Commissioner shall prepare a summary record of the proceedings and evidence.
(Added to NRS by 1971, 1572; A 1977, 97; 1985, 1063; 1991, 1619; 1993, 1902)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.340 - Witnesses and evidence; penalties.

1. The Commissioner or any individual conducting a hearing, examination or investigation by the authority of the Commissioner shall have power to subpoena witnesses, compel their attendance, administer oaths, examine any person under oath relative to the subject of the hearing, examination or investigation, and to compel any person to subscribe to his or her testimony after it has been correctly reduced to writing, and, in connection therewith, to require the production of any books, papers, records, correspondence or other documents which the Commissioner or the individual conducting the hearing, examination or investigation deems relevant to the inquiry. Any delegation by the Commissioner of the power to administer oaths or of subpoena shall be in writing.
2. A subpoena issued pursuant to this section shall have the same force and effect and shall be served in the same manner as if issued from a court of record.
3. If any individual fails to obey a subpoena, or refuses to testify as to any matter concerning which he or she may lawfully be interrogated, the Commissioner may file a written report thereof and proof of service of the subpoena in any court of competent jurisdiction in the county where the examination or hearing is being conducted, for such action as the court may determine.
4. Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a court of record, but no officer, director, agent or employee of an insurer or person being examined or investigated shall be entitled to witness or mileage fees.
5. Every person subpoenaed under this section who willfully fails to appear at the time and place named in the subpoena or to produce documents required by the subpoena, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor.
(Added to NRS by 1971, 1572)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.350 - Testimony compelled; immunity from prosecution.

1. If any individual asks to be excused from attending or testifying or from producing any books, papers, records, contracts, correspondence or other documents in connection with any examination, hearing or investigation being conducted by the Commissioner or an examiner of the Commissioner, on the ground that the testimony or evidence required of the individual may tend to incriminate the individual or subject him or her to a penalty or forfeiture, and nonetheless is directed by the Attorney General to give such testimony or produce such evidence, the individual must comply with such direction; but the individual shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he or she may have so testified or produced evidence, and no testimony so given or evidence produced shall be received against him or her upon any criminal action, investigation or proceeding. No such individual so testifying shall be exempt from:
(a) Prosecution or punishment for any perjury committed by the individual in such testimony, and the testimony or evidence so given or produced shall be admissible against the individual upon any criminal action, investigation or proceeding concerning such perjury.
(b) The refusal, suspension or revocation of any license, permission or authority conferred, pursuant to this Code.
2. Any such individual may execute, acknowledge and file in the office of the Commissioner and of the Attorney General a statement expressly waiving such immunity or privilege in respect to any transaction, matter or thing specified in such statement, and thereupon the testimony of such individual or such evidence in relation to such transaction, matter or thing may be received or produced before any judge or justice, court, tribunal, grand jury or otherwise, and if such testimony or evidence is so received or produced such individual shall not be entitled to any immunity or privileges on account of any testimony or evidence the individual may so give or produce.
(Added to NRS by 1971, 1573)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.360 - Order on hearing.

1. In the conduct of hearings under this Code and making an order thereon, the Commissioner shall act in a quasi-judicial capacity.
2. Except as otherwise provided in this subsection, within 30 days after termination of a hearing, or of any rehearing thereof or reargument thereon, or within such other period as may be specified in this Code as to particular proceedings, the Commissioner shall make an order on hearing covering matters involved in such hearing, and give a copy of the order to each party to the hearing in the same manner as notice of the hearing was given to such party. With respect to hearings held concerning merger, consolidation, bulk reinsurance, conversion, affiliation or change of control of a domestic insurer as provided in chapter 693A of NRS (corporate powers, procedures of domestic stock and mutual insurers), where notice of the hearing was given to all stockholders and policyholders or to all stockholders or policyholders of an insurer involved, the Commissioner is required to give a copy of the order on hearing to the corporation and insurer parties, to intervening parties, to a reasonable number of such stockholders or policyholders as representative of the class, and to other parties only upon written request of such parties.
3. The order shall contain:
(a) A concise statement of facts found by the Commissioner upon evidence adduced at the hearing;
(b) A concise statement of the Commissioner’s conclusions from the facts so found;
(c) The order, and the effective date thereof; and
(d) Citation of the provisions of this Code upon which the order is based; but failure so to designate a particular provision shall not deprive the Commissioner of the right thereafter to rely thereon.
4. The order may affirm, modify or rescind action theretofore taken or may constitute taking of new action within the scope of the notice of the hearing.
(Added to NRS by 1971, 1573)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.370 - Appeal from Commissioner.

1. Except as to matters arising under chapter 686B of NRS other than those grievances of employers that must be appealed to the appeals panel for industrial insurance, an appeal from the Commissioner must be taken only from an order on hearing, or as to a matter on which the Commissioner has refused or failed to hold a hearing after application therefor under NRS 679B.310, or as to a matter concerning which the Commissioner has refused or failed to make an order on hearing as required by NRS 679B.360.
2. Any person who was a party to a hearing or whose pecuniary interests are directly and immediately affected by any such refusal or failure, and who is aggrieved by the order, refusal or failure, may petition for judicial review in the manner provided by chapter 233B of NRS.
(Added to NRS by 1971, 1574; A 1977, 98; 1989, 1660; 1999, 3381; 2001, 2256)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.380 - Financing of administration and enforcement; claims.

1. Except as otherwise expressly provided in this Code, funds with which to carry out the administration and enforcement by the Commissioner of this Code shall be provided by the Fund for Insurance Administration and Enforcement created by NRS 680C.100 and shall be paid out on claims as other claims against the State are paid.
2. No such claim shall be paid unless approved by the Commissioner.
(Added to NRS by 1971, 1575; A 2009, 1764)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.400 - Legislative findings and declarations; purposes.

1. The Legislature finds and declares that:
(a) Stabilizing the cost of insurance is of vital concern to the residents of this state; and
(b) It is necessary to establish a comprehensive system to collect, analyze and distribute information concerning the cost of insurance in order to stabilize that cost effectively.
2. The purposes of NRS 679B.400 to 679B.460, inclusive, are to:
(a) Promote the public welfare by studying the relationship of premiums and related income of insurers to costs and expenses of insurers;
(b) Develop measures to stabilize prices for insurance while continuing to provide insurance of high quality to the residents of this state;
(c) Permit and encourage competition between insurers on a sound financial basis to the fullest extent possible;
(d) Establish a mechanism to ensure the provision of adequate insurance at reasonable rates to the residents of this state; and
(e) Protect the rights of customers of insurance in this state.
(Added to NRS by 1989, 1226; A 1991, 1620; 1995, 1415)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.410 - Duties of Commissioner.

The Commissioner shall:
1. Determine the relationship of premiums and related income of insurers to costs and expenses of insurers, provide this information to the Legislature and make this information available to the general public.
2. Respond to requests by governmental agencies of this state and by the Legislature for special studies and analysis of information collected pursuant to NRS 679B.400 to 679B.460, inclusive.
3. Report to each regular session of the Legislature concerning his or her duties and findings pursuant to this section no later than February 1.
(Added to NRS by 1989, 1227; A 1991, 1620; 1995, 1415)