reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.595 - Agreements for payment of compensation in lump sum in lieu of provision of vocational rehabilitation services.

1. If an injured employee is eligible for vocational rehabilitation services pursuant to NRS 616C.590, the insurer and the injured employee may, at any time during the employee’s eligibility for such services, execute a written agreement providing for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services. An insurer’s refusal to execute such an agreement may not be appealed.
2. If the insurer and the injured employee execute an agreement pursuant to subsection 1, the acceptance of the payment of compensation in a lump sum by the injured employee extinguishes the right of the injured employee to receive vocational rehabilitation services under the injured employee’s claim. Except as otherwise required by federal law, an injured employee shall not receive vocational rehabilitation services from any state agency after the injured employee accepts payment of compensation in a lump sum pursuant to this section.
3. Before executing an agreement pursuant to subsection 1, an insurer shall:
(a) Order an assessment of and counseling concerning the vocational skills of the injured employee, unless the provisions of subsection 3 of NRS 616C.580 are applicable;
(b) Consult with the employer of the injured employee; and
(c) Provide a written notice to the injured employee that contains the following statements:
(1) That the injured employee is urged to seek assistance and advice from the Nevada Attorney for Injured Workers or to consult with a private attorney before signing the agreement.
(2) That the injured employee may rescind the agreement within 20 days after the injured employee signs it.
(3) That the 20-day period pursuant to subparagraph (2) may not be waived.
(4) That acceptance by the injured employee of payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services extinguishes the right of the injured employee to receive such services.
4. Except as otherwise provided in NRS 616C.580, any payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services must not be less than 55 percent of the maximum amount of vocational rehabilitation maintenance due to the injured employee pursuant to NRS 616C.555.
5. No payment of compensation in a lump sum may be made pursuant to this section until the 20-day period provided for the rescission of the agreement has expired.
(Added to NRS by 1991, 2396; A 1993, 753; 1995, 2159; 2005, 210; 2007, 3362; 2019, 3976)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.597 - Response to request for payment of compensation in lump sum in lieu of provision of vocational rehabilitation services.

1. Except as otherwise provided in subsection 2, an insurer shall, within 30 days after receiving a written request from an injured employee for payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services, respond in writing to the request and, if the insurer agrees to the request, include in the response:
(a) The amount of the lump sum that the insurer is offering to pay;
(b) A statement that the injured employee has 30 days after the date of the written response to accept or reject the lump-sum offer; and
(c) A statement indicating that, if the injured employee rejects the lump-sum offer, the injured employee must continue working with his or her vocational rehabilitation counselor in accordance with the provisions of this chapter and the regulations adopted pursuant thereto.
2. An insurer need only respond to a written request from an injured employee for payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services if the injured employee is eligible for vocational rehabilitation services.
(Added to NRS by 2007, 3344)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.600 - Orders for self-employment or payment of compensation in lump sum for vocational rehabilitation prohibited; agreements concerning self-employment authorized.

1. A hearing officer or appeals officer shall not order self-employment for an injured employee or the payment of compensation in a lump sum for vocational rehabilitation.
2. An insurer, an employer and an injured employee may execute an agreement concerning self-employment.
(Added to NRS by 1991, 2394)—(Substituted in revision for NRS 616.573)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.703 - Injured employee may request insurer to administer claim as for catastrophic injury; insurer to issue determination.

1. An injured employee may submit to an insurer a written request for a determination that his or her injury should be administered as a claim for a catastrophic injury.
2. If an employee submits a written request to an insurer pursuant to subsection 1, the insurer shall issue a written determination concerning the request not later than 30 days after receipt of the request.
(Added to NRS by 2011, 718)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.707 - Insurer to designate claim as for catastrophic injury if injury later satisfies requirements for catastrophic injury.

An insurer that did not originally accept a claim as a claim for a catastrophic injury shall designate the claim as a claim for a catastrophic injury if at any time after the claim is accepted the injury satisfies the requirements for a catastrophic injury.
(Added to NRS by 2011, 718)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.710 - Rescission or revision of determination of catastrophic injury.

An insurer that has accepted a claim for a catastrophic injury may thereafter rescind or revise its original determination that the injury is a catastrophic injury if:
1. Medical evidence supports the rescission or revision;
2. The injured employee is stable and ratable; or
3. Other circumstances warrant such a rescission or revision.
(Added to NRS by 2009, 2779)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.720 - Requirements for adjuster who administers claim for catastrophic injury.

An adjuster who administers a claim for a catastrophic injury must:
1. Have at least 4 years of experience in adjusting workers’ compensation claims for lost time; or
2. Have at least 2 years of experience in adjusting workers’ compensation claims for lost time and work under the direct supervision of an adjuster who has at least 4 years of experience in adjusting such claims.
(Added to NRS by 2009, 2779; A 2011, 720)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.730 - Policy of insurance required to include coverage for services provided through telehealth; limitations.

1. Every policy of insurance issued pursuant to chapters 616A to 617, inclusive, of NRS must include coverage for services provided to an employee through telehealth to the same extent as though provided in person or by other means.
2. An insurer shall not:
(a) Require an employee to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an employee through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;
(c) Refuse to provide the coverage described in subsection 1 because of the distant site from which a provider of health care provides services through telehealth or the originating site at which an employee receives services through telehealth; or
(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services.
3. A policy of insurance issued pursuant to chapters 616A to 617, inclusive, of NRS must not require an employee to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. Such a policy of insurance may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
4. The provisions of this section do not require an insurer to:
(a) Ensure that covered services are available to an employee through telehealth at a particular originating site;
(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or
(c) Enter into a contract with any provider of health care or cover any service if the insurer is not otherwise required by law to do so.
5. A policy of insurance subject to the provisions of chapters 616A to 617, inclusive, of NRS that is delivered, issued for delivery or renewed on or after July 1, 2015, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.
6. As used in this section:
(a) "Distant site" has the meaning ascribed to it in NRS 629.515.
(b) "Originating site" has the meaning ascribed to it in NRS 629.515.
(c) "Provider of health care" has the meaning ascribed to it in NRS 439.820.
(d) "Telehealth" means the delivery of services from a provider of health care to a patient at a different location through a synchronous interaction using information and audio-visual communication technology, not including audio-only technology, facsimile or electronic mail.
(Added to NRS by 2015, 635; A 2021, 3014)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.010 - Penalties and remedies are cumulative; exceptions.

Except as otherwise provided in NRS 616A.020, 616B.600 and 616C.190, no penalty or remedy provided in this chapter or chapter 616A, 616B or 616C of NRS is exclusive of any other penalty or remedy, but is cumulative and in addition to every other penalty or remedy and may be exercised without exhausting and without regard to any other penalty or remedy provided by those chapters or any other statute.
(Added to NRS by 1993, 685)—(Substituted in revision for NRS 616.740)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.020 - Immunity from criminal penalty or civil action for libel, slander or similar tort for disclosure of information relating to violation.

No person is subject to any criminal penalty or civil liability for libel, slander or any similar cause of action in tort if the person, without malice, discloses information relating to a violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, or any fraud in the administration of this chapter or chapter 616A, 616B, 616C or 617 of NRS or in the provision of benefits for industrial insurance.
(Added to NRS by 1993, 685; A 2011, 841)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.030 - Limitation of liability of insurer or third-party administrator; administrative fines are exclusive remedies.

1. No cause of action may be brought or maintained against an insurer or a third-party administrator who violates any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS.
2. The administrative fines provided for in NRS 616B.318 and 616D.120 are the exclusive remedies for any violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS committed by an insurer or a third-party administrator.
(Added to NRS by 1995, 2122)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.050 - Power of hearing officers, appeals officers and Administrator when conducting hearings or other proceedings.

1. Appeals officers, the Administrator, and the Administrator’s designee, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters may:
(a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.
(b) Administer oaths.
(c) Certify to official acts.
(d) Call and examine under oath any witness or party to a claim.
(e) Maintain order.
(f) Rule upon all questions arising during the course of a hearing or proceeding.
(g) Permit discovery by deposition or interrogatories.
(h) Initiate and hold conferences for the settlement or simplification of issues.
(i) Dispose of procedural requests or similar matters.
(j) Generally regulate and guide the course of a pending hearing or proceeding.
2. Hearing officers, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, may:
(a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents that are relevant to the dispute for which the hearing or other proceeding is being held.
(b) Maintain order.
(c) Permit discovery by deposition or interrogatories.
(d) Initiate and hold conferences for the settlement or simplification of issues.
(e) Dispose of procedural requests or similar matters.
(f) Generally regulate and guide the course of a pending hearing or proceeding.
(Added to NRS by 1975, 761; A 1977, 313; 1979, 1044; 1981, 1139, 1461; 1983, 355; 1991, 832, 2402; 1993, 708; 1999, 227, 1728, 1737)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.060 - Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; appeals.

1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 616A.467 is subject to the same procedural requirements which apply to disciplinary actions taken by the Commissioner or Administrator, and the board or panel has the same powers and duties given to the Commissioner or Administrator in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of an administrative fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to withdraw the certification of a self-insured employer or an association of self-insured public or private employers or the authorization of a private carrier may appeal that decision to the Commissioner.
(Added to NRS by 1983, 1532; A 1993, 709; 1995, 2014)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.065 - Disciplinary action by appeals officer: Order requiring attorney or representative of party to pay certain costs incurred because of continuance or delay in scheduled hearing.

1. An appeals officer, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, may order the attorney or representative of a party to pay any costs that are incurred by the Hearings Division of the Department of Administration for a court reporter or an interpreter.
2. Before ordering the payment of such costs, the appeals officer must find that the costs were incurred because the attorney or representative of a party caused a continuance or delay in a scheduled hearing by the failure of the attorney or representative, as applicable, without good cause, to comply with an order of the appeals officer or a regulation adopted pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.
(Added to NRS by 1997, 3091; A 1999, 227)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.070 - Enforcement of orders, subpoenas and other procedures relating to hearing.

If any person:
1. Disobeys an order of an appeals officer, a hearing officer, the Administrator or the Administrator’s designee, or a subpoena issued by the Administrator, Administrator’s designee, appeals officer, hearing officer, inspector or examiner;
2. Refuses to permit an inspection; or
3. As a witness, refuses to testify to any matter for which the person may be lawfully interrogated,
the district judge of the county in which the person resides, on application of the appeals officer, the hearing officer, the Administrator or the Administrator’s designee, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpoenas issued from the court on a refusal to testify therein.
[48:168:1947; 1943 NCL § 2680.48]—(NRS A 1975, 762; 1977, 313; 1979, 1043; 1981, 1139, 1461; 1983, 356; 1993, 709; 1999, 1729)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.080 - Fees: Officers serving subpoenas; witnesses; procedure for payment.

1. Each officer who serves a subpoena is entitled to receive the same fees as a sheriff.
2. Each witness who appears, in obedience to a subpoena which has been issued pursuant to this chapter or chapter 616A, 616B, 616C or 617 of NRS, before an appeals officer, a hearing officer, the Administrator or the Administrator’s designee, is entitled to receive for his or her attendance the fees and mileage provided for witnesses in civil cases in courts of record. For subpoenas issued on behalf of this State or an officer or agency thereof, the fees and mileage are not required to be tendered at the same time that the subpoena is delivered to the person named therein.
3. The appeals officer, hearing officer, Administrator or the Administrator’s designee shall:
(a) Authorize payment from his or her administrative budget of the fees and mileage due to such a witness; or
(b) Impose those costs upon the party at whose instance the witness was subpoenaed or, for good cause shown, upon any other party.
[49:168:1947; 1943 NCL § 2680.49]—(NRS A 1975, 762; 1977, 313; 1979, 1043; 1981, 1462; 1983, 356, 1293; 1993, 709; 1999, 227, 1729, 1738)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.090 - Depositions of witnesses.

1. In an investigation, the Administrator or a hearing officer may cause depositions of witnesses residing within or without the State to be taken in the manner prescribed by law and Nevada Rules of Civil Procedure for taking depositions in civil actions in courts of record.
2. After the initiation of a claim under the provisions of this chapter or chapter 616A, 616B, 616C or 617 of NRS, in which a claimant or other party is entitled to a hearing on the merits, any party to the proceeding may, in the manner prescribed by law and the Nevada Rules of Civil Procedure for taking written interrogatories and depositions in civil actions in courts of record:
(a) Serve upon any other party written interrogatories to be answered by the party served; or
(b) Take the testimony of any person, including a party, by deposition upon oral examination.
[50:168:1947; 1943 NCL § 2680.50]—(NRS A 1975, 762; 1979, 1043; 1981, 1462)—(Substituted in revision for NRS 616.240)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.100 - Transcripts: Introduction in evidence; availability to parties.

1. A transcribed copy of the evidence and proceedings, or any specific part thereof, of any final hearing or investigation, made by a stenographer appointed by an appeals officer, a hearing officer, the Administrator or the Administrator’s designee, being certified by that stenographer to be a true and correct transcript of the testimony in the final hearing or investigation, or of a particular witness, or of a specific part thereof, and carefully compared by the stenographer with his or her original notes, and to be a correct statement of the evidence and proceedings had on the final hearing or investigation so purporting to be taken and transcribed, may be received in evidence with the same effect as if the stenographer had been present and testified to the facts so certified.
2. A copy of the transcript must be furnished on demand to any party upon the payment of the fee required for transcripts in courts of record.
[51:168:1947; NCL § 2680.51]—(NRS A 1967, 39; 1973, 1597; 1975, 762; 1977, 314; 1979, 1044; 1981, 1462; 1983, 356; 1993, 710; 1999, 1730)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.110 - Order to cease business operations if employer fails to provide or maintain coverage for industrial insurance: Power of Administrator; contents; procedure; assistance from law enforcement agency.

1. In addition to any other remedy provided for by law, if any employer within the provisions of NRS 616B.633 fails to provide and secure compensation, or fails to maintain such compensation, under the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator may, in order to protect the employees of the employer from the effect of not having industrial insurance coverage and upon compliance with the requirements of subsection 2, order the immediate cessation of all business operations at the place of employment or jobsite until such time as the employer performs all acts and duties enjoined upon the employer by chapters 616A to 616D, inclusive, or chapter 617 of NRS as determined necessary by the Administrator in order to provide, secure and maintain compensation under those chapters.
2. The order must:
(a) Include a reference to the particular sections of the statutes or regulations alleged to have been violated, and a short, plain statement of the facts alleged to constitute the violation.
(b) Provide an opportunity for hearing to the employer on a date fixed in the order which must not be less than 5 nor more than 15 days after the date of the order, unless upon demand of the employer the date is advanced to the next business day after the demand is made to the Administrator.
An order for summary suspension issued pursuant to this subsection must be endorsed with the date and hour of issuance and entered of record in the office of the Administrator.
3. Immediately upon receiving an order to cease business operations under subsection 1, an employer shall order all employees or other persons to leave the place of employment or jobsite and shall cease all business operations thereat.
4. Upon request by the Administrator, any law enforcement agency in this State shall render any assistance necessary to carry out the requirement of subsection 3, including but not limited to preventing any employee or other person from remaining at the place of employment or jobsite.
(Added to NRS by 1973, 585; A 1981, 1497; 1999, 228)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.115 - Failure to comply with order to cease business operations; penalties; cumulative nature of penalties.

1. A person shall not knowingly fail to comply with an order issued by the Administrator pursuant to NRS 616D.110 to cease immediately all business operations at a place of employment or jobsite.
2. A person who is convicted of violating the provisions of subsection 1 is guilty of a misdemeanor.
3. A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute.
(Added to NRS by 2003, 371)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.130 - Investigation of alleged violation; determination of Administrator.

1. Upon receipt of a complaint for a violation of subsection 1, 2 or 3 of NRS 616D.120, or if the Administrator has reason to believe that such a violation has occurred, the Administrator shall:
(a) Promptly provide a copy of the complaint, or an explanation of the reason the Administrator believes that a violation has occurred to:
(1) The Commissioner; and
(2) The insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization that allegedly committed the violation; and
(b) Cause to be conducted an investigation of the alleged violation.
2. The Administrator shall:
(a) Within 30 days after receipt of a complaint pursuant to subsection 1, initiate an investigation;
(b) Within 60 days after the date on which the investigation is initiated, complete the investigation; and
(c) Within 30 days after the investigation is completed, render a determination and deliver a copy of the determination to:
(1) The Commissioner; and
(2) The insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization that was the subject of the investigation.
3. The determination rendered pursuant to subsection 2 must include the Administrator’s findings of fact, any settlement agreement on the matter and, if the Administrator determines that a violation has occurred, one or more of the following:
(a) The amount of any fine required to be paid pursuant to NRS 616D.120.
(b) The amount of any benefit penalty required to be paid to a claimant pursuant to NRS 616D.120.
(c) A plan of corrective action to be taken by the insurer, organization for managed care, health care provider, third-party administrator or employer, including the manner and time within which the violation must be corrected.
(d) A requirement that notice of the violation be given to the appropriate agency that regulates the activities of the violator.
4. If, based upon the Administrator’s findings of fact, the Administrator determines that a violation has not occurred, the Administrator shall issue a determination to that effect.
(Added to NRS by 1995, 1637; A 2003, 1680; 2023, 3638)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.145 - Administrative fines: Appeal of imposition of fine; finality of imposition of fine; payment of fine; recovery by Division of unpaid fine.

1. If a person wishes to contest a decision of the Administrator to impose an administrative fine pursuant to this chapter or chapter 616A, 616B, 616C or 617 of NRS, the person must file a notice of appeal with an appeals officer in accordance with this section. The notice of appeal must set forth the reasons the proposed administrative fine should not be imposed.
2. A person who is aggrieved by a written determination of the Administrator may appeal from the determination by filing a request for a hearing before an appeals officer. The request must be filed within 30 days after the date on which the notice of the Administrator’s determination was mailed by the Administrator.
3. If a notice of appeal is not filed as required by this section, the imposition of the administrative fine shall be deemed a final order and is not subject to review by any court or agency.
4. An administrative fine imposed pursuant to this chapter or chapter 616A, 616B, 616C or 617 of NRS must be paid to the Division. If the violation for which the fine is levied was committed by a person while acting within the course and scope of the person’s agency or employment, the fine must be paid by the person’s principal or employer. The fine may be recovered in a civil action brought in the name of the Division in a court of competent jurisdiction in the county in which the violation occurred or in which the person against whom the fine is levied has his or her principal place of business.
(Added to NRS by 2003, 1677)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.150 - Appeal of decisions of Administrator.

Except as otherwise provided in NRS 616D.140, 616C.220 and 617.401, any party who is aggrieved by a decision of the Administrator may appeal that decision directly to the district court.
(Added to NRS by 1981, 1454; A 1987, 655; 1991, 2401; 1995, 1640)—(Substituted in revision for NRS 616.221)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.160 - Administrator to post information concerning benefit penalties on Internet website of Division; database.

1. If the Administrator orders an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization to pay a benefit penalty pursuant to NRS 616D.120, the Administrator shall post on the Internet website of the Division:
(a) The full legal name of the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization;
(b) The amount of the benefit penalty imposed; and
(c) A brief description of the violation for which the benefit penalty was imposed.
2. The information required by subsection 1 must:
(a) Be published not more than 30 days after the date on which the time for taking an appeal on the order to impose the benefit penalty has elapsed or the date on which all appeals regarding the order have been exhausted and the order to impose the benefit penalty has been upheld, whichever is later.
(b) Remain posted on the Internet website of the Division for not less than 5 years after the date on which it is initially posted.
3. The Administrator shall establish and maintain on the Internet website of the Division a database which:
(a) Contains the information required by subsection 1;
(b) Is publicly accessible;
(c) Is searchable; and
(d) Is updated regularly.
(Added to NRS by 2023, 3634)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.210 - Engagement in new business after termination of prior business while owing premiums, interest or penalties to private carriers: Prohibitions; penalties.

1. Any person who:
(a) Is the legal or beneficial owner of 25 percent or more of a business which terminates operations while owing a premium, interest or penalty to a private carrier and becomes, or induces or procures another person to become, the legal or beneficial owner of 25 percent or more of a new business engaging in similar operations; or
(b) Knowingly aids or abets another person in carrying out such conduct,
is liable in a civil action for the payment of any premium, interest and penalties owed to the private carrier and the reasonable costs incurred by the private carrier to investigate and act upon such conduct.
2. Any person who:
(a) Is the legal or beneficial owner of 25 percent or more of a business which terminates operations while owing money to the Division for any unpaid administrative fine imposed or benefit penalty ordered pursuant to NRS 616D.120, unpaid premium or interest charged pursuant to NRS 616D.200 or payments made from the Uninsured Employers’ Claim Account pursuant to NRS 616C.220 or 617.401, including attorney’s fees, administrative costs, interest or penalties, and becomes, or induces or procures another person to become, the legal or beneficial owner of 25 percent or more of a new business engaging in similar operations; or
(b) Knowingly aids or abets another person in carrying out such conduct,
is liable for the payment of any amount owed to the Division and the reasonable costs incurred by the Division to investigate and act upon such conduct.
3. An insurer shall not knowingly insure any business which engages in the conduct described in:
(a) Subsection 1 unless the premium and any interest and penalties owed to the prior insurer have been paid to that insurer; or
(b) Subsection 2 unless the amount due the Division pursuant to NRS 616C.220, 616D.120, 616D.200 or 617.401, including any attorney’s fees, administrative costs, interest and penalties, has been paid to the Division.
4. As used in this section, "business" includes, but is not limited to, a firm, sole proprietorship, general or limited partnership, voluntary association or private corporation.
(Added to NRS by 1993, 685; A 1995, 2033; 1999, 1731, 1800; 2011, 896)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.220 - Liability for false statement or failure to report material fact concerning amount of payroll or misrepresentation of classification or duties of employee as related to amount of payroll; appeal; penalty.

1. If the Administrator finds that any employer or any employee, officer or agent of any employer has knowingly:
(a) Made a false statement or has knowingly failed to report a material fact concerning the amount of payroll upon which a premium is based; or
(b) Misrepresented the classification or duties of an employee as they relate to the amount of payroll upon which a premium is based,
the Administrator shall make a determination thereon and charge the employer’s account an amount equal to the amount of the premium that would have been due had the proper information been submitted. The Administrator shall deliver a copy of the determination to the employer. The money collected pursuant to this subsection must be paid into the Uninsured Employers’ Claim Account.
2. An employer who is aggrieved by the determination of the Administrator may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was delivered to the employer. The Administrator shall hold a hearing within 30 days after the Administrator receives the request. The determination of the Administrator made pursuant to a hearing is a final decision for the purposes of judicial review. The amount of the determination as finally decided by the Administrator becomes due within 30 days after the determination is served on the employer.
3. A person who knowingly:
(a) Makes a false statement or representation or who knowingly fails to report a material fact concerning the amount of payroll upon which a premium is based; or
(b) Misrepresents the classification or duties of an employee as they relate to the amount of payroll upon which a premium is based,
is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.
[81:168:1947; A 1951, 485]—(NRS A 1971, 154; 1981, 1498; 1989, 743; 1991, 2427; 1993, 755; 1995, 1874; 1997, 585, 1443, 1457; 1999, 1731; 2001, 2770; 2011, 842)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.230 - Failure of employer to pay amount charged for engaging in certain prohibited acts; civil liability; additional penalties; disposition of amount collected.

1. An employer who fails to pay an amount of money charged to the employer pursuant to the provisions of NRS 616D.200 or 616D.220 is liable in a civil action commenced by the Attorney General for:
(a) Any amount charged to the employer by the Administrator pursuant to NRS 616D.200 or 616D.220;
(b) Not more than $10,000 for each act of willful deception;
(c) An amount equal to three times the total amount of the reasonable expenses incurred by the State in enforcing this section; and
(d) Payment of interest on the amount charged at the rate fixed pursuant to NRS 99.040 for the period from the date upon which the amount charged was due to the date upon which the amount charged is paid.
2. A criminal action need not be brought against an employer described in subsection 1 before civil liability attaches under this section.
3. Any payment of money charged pursuant to the provisions of NRS 616D.200 or 616D.220 and collected pursuant to paragraph (a) or (d) of subsection 1 must be paid into the Uninsured Employers’ Claim Account.
4. Any penalty collected pursuant to paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to the provisions of NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the State General Fund.
(Added to NRS by 1995, 1871; A 1997, 1443; 2001, 2771)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.240 - Deduction from wages of employee prohibited; requirement by employer that employee provide compensation on own behalf prohibited; enforcement of prohibited acts by Attorney General.

1. Any employer who makes any charge against any employee or who deducts from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his or her acceptance or rejection of chapters 616A to 616D, inclusive, or chapter 617 of NRS is guilty of a gross misdemeanor.
2. An employer who is required to provide compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and who requires an employee to provide or secure such compensation on the employee’s own behalf is guilty of a gross misdemeanor.
3. Any employer violating any provision of this section must be prosecuted by the Attorney General upon complaint of any employee who, as determined by the Attorney General, submits proper evidence of a violation.
[38:168:1947; 1943 NCL § 2680.38]—(NRS A 1967, 637; 1987, 599; 1991, 2427; 1993, 756; 1995, 171; 1999, 229)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.250 - Refusal of employer to submit records for inspection; penalty.

1. A self-insured employer, a member of an association of self-insured public or private employers or an employer insured by a private carrier who refuses to submit his or her books, records and payroll to the Administrator or the private carrier for inspection as provided by NRS 616A.485 is subject to a penalty of $1,000 for each offense, to be collected by a civil action in the name of the Administrator or the private carrier, as applicable.
2. The person who makes such refusal is guilty of a misdemeanor.
[Part 80:168:1947; 1943 NCL § 2680.80]—(NRS A 1981, 1498; 1993, 1873; 1995, 2034; 1999, 1800, 2417; 2001, 115)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.260 - Refusal of employer to produce document for audit; order to compel; penalty for failure to comply with order.

1. If an employer refuses to produce any book, record, payroll report or other document in conjunction with an audit conducted by a private carrier or the Department of Taxation to verify the employer’s premium, the Administrator may issue a subpoena to require the production of that document.
2. If an employer refuses to produce any document as required by the subpoena, the Administrator may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of the production of the document;
(b) The employer has been subpoenaed by the Administrator pursuant to this section; and
(c) The employer has failed or refused to produce the document required by the subpoena,
and asking for an order of the court compelling the employer to produce the document.
3. Upon such petition, the court shall enter an order directing the employer to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why the employer has not produced the document. A certified copy of the order must be served upon the employer.
4. If it appears to the court that the subpoena was regularly issued by the Administrator, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court.
(Added to NRS by 1991, 2390; A 1993, 1873; 1997, 1444; 1999, 1800)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.270 - Failure to post and maintain notices.

Any employer who fails:
1. To post the notice required by NRS 616A.490 and 616B.650 in a place that is readily accessible and visible to employees is guilty of a misdemeanor.
2. To maintain the notice or notices required by NRS 616A.490 and 616B.650 is guilty of a misdemeanor.
[Part 36:168:1947; 1943 NCL § 2680.36]—(NRS A 1991, 2429; 1995, 2034)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.290 - Injury of minor unlawfully employed.

If any worker at the time of an injury is under the minimum age prescribed by law for the employment of a minor in the occupation in which the worker is engaged when injured, the employer is liable to the Division for a penalty of not less than $300 nor more than $2,000, to be collected in a civil action at law by the Division.
[Part 83:168:1947; A 1949, 659; 1943 NCL § 2680.83]—(NRS A 1981, 1499; 1993, 1876)—(Substituted in revision for NRS 616.670)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.300 - False statements or representations to obtain benefits; concealment of material fact to obtain benefits; penalty.

Unless a different penalty is provided pursuant to NRS 616D.370 to 616D.410, inclusive, a person who knowingly makes a false statement or representation, including, but not limited to, a false statement or representation relating to the person’s identity or the identity of another person, or who knowingly conceals a material fact to obtain or attempt to obtain any benefit, including a controlled substance, or payment under the provisions of this chapter or chapter 616A, 616B, 616C or 617 of NRS, for himself, for herself or for any other person, shall be punished as follows:
1. If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor.
2. If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, for a category D felony as provided in NRS 193.130.
In addition to any other penalty, the court shall order the person to pay restitution.
[73:168:1947; 1943 NCL § 2680.73]—(NRS A 1957, 29; 1983, 646; 1989, 1190; 1993, 759; 1995, 171, 1307, 1328, 1874; 1997, 569; 1999, 229)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.310 - False statements or representations concerning employment of person receiving benefits; penalty.

A person who knowingly makes a false statement or representation concerning the employment of a person who is receiving benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1991, 2391; A 1993, 760; 1995, 1309; 1999, 230)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.320 - Employment of person who is receiving unlawful payments for temporary total disability prohibited; penalty.

1. An employer shall not knowingly offer employment or continue to employ a person who is receiving payments for a temporary total disability in violation of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or NRS 281.390.
2. An employer who is convicted of violating the provisions of subsection 1 is guilty of a gross misdemeanor.
(Added to NRS by 1995, 1872; A 1999, 230)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.330 - Improper oral or written communications with treating physician or chiropractic physician of injured employee; exceptions; penalty.

1. An insurer, an employer, an organization for managed care, a third-party administrator or the representative of any of those persons, the Nevada Attorney for Injured Workers or an attorney or other compensated representative of an injured employee shall not initiate:
(a) Any oral communication relating to the medical disposition of the claim of an injured employee with the injured employee’s examining or treating physician or chiropractic physician unless the initiator of the oral communication:
(1) Maintains, in written form or in a form from which a written record may be produced, a log that includes the date, time and subject matter of the communication; and
(2) Makes the log available, upon request, to each insurer, organization for managed care and third-party administrator interested in the claim or the representative of each of those persons, the Administrator and the injured employee, the injured employee’s representative and the injured employee’s employer; or
(b) Any written communication relating to the medical disposition of the claim with the injured employee’s examining or treating physician or chiropractic physician unless a copy of the communication is submitted to the injured employee or the injured employee’s representative in a timely manner.
2. If the Administrator determines that a person has violated the provisions of this section, the Administrator shall:
(a) For an initial violation, issue a notice of correction.
(b) For a second violation, impose an administrative fine of not more than $250.
(c) For a third or subsequent violation, impose an administrative fine of not more than $1,000.
(Added to NRS by 1997, 1789)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.350 - Definitions.

As used in NRS 616D.350 to 616D.440, inclusive, unless the context otherwise requires:
1. "Charge" means any communication, whether oral, written, electronic or magnetic, which is used to identify specific accident benefits as reimbursable pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, or which may be used to determine a rate of payment pursuant to those chapters.
2. "Provider of health care" means a person who receives or attempts to receive payment from:
(a) An insurer;
(b) A third-party administrator; or
(c) An organization for managed care which has contracted with an insurer or third-party administrator,
for accident benefits provided or alleged to have been provided to an injured employee pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.
3. "Record" means any medical, professional or business record relating to:
(a) The treatment or care of an injured employee;
(b) Accident benefits provided to an injured employee; or
(c) Rates paid for such accident benefits.
(Added to NRS by 1993, 680; A 1995, 531, 1875)—(Substituted in revision for NRS 616.676)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.360 - Circumstances under which person is deemed to have knowledge of falsity or deemed to have made or caused certain action.

For the purposes of NRS 616D.370 and 616D.380:
1. A person shall be deemed to know that a charge, statement or representation is false if the person knows, or by virtue of the person’s position, authority or responsibility has reason to know, of the falsity of the charge, statement or representation.
2. A person shall be deemed to have made or caused to be made a charge, statement or representation if the person:
(a) Had the authority or responsibility to:
(1) Make the charge, statement or representation;
(2) Supervise another person who made the charge, statement or representation; or
(3) Authorize the making of the charge, statement or representation,
whether by operation of law, business or professional practice or office procedure; and
(b) Exercised that authority or responsibility or failed to exercise that authority or responsibility and, as a direct or indirect result, the charge, statement or representation was made.
(Added to NRS by 1993, 681)—(Substituted in revision for NRS 616.677)