reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.046 - Disposition of money in Fund on repeal of statutes relating to workers’ compensation.

If chapters 616A to 616D, inclusive, of NRS shall hereafter be repealed, all moneys which are in the State Insurance Fund at the time of the repeal shall be subject to such disposition as may be provided by the Legislature, and in default of such legislative provisions distribution thereof shall be in accordance with the justice of the matter, due regard being had to obligations of compensation incurred and existing.
[98:168:1947; 1943 NCL § 2680.98]—(NRS A 1973, 604)—(Substituted in revision for NRS 616B.101)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.215 - Appeal by principal contractor from denial of final certificate of coverage for project; appeal by employer from determination regarding vocational rehabilitation of injured employee.

1. Except as otherwise provided in subsection 2:
(a) A principal contractor or an owner of property acting as a principal contractor aggrieved by a letter issued pursuant to NRS 616B.645; or
(b) An employer aggrieved by a determination made pursuant to NRS 616C.585,
may appeal from the letter or determination by filing a notice of appeal with the Administrator within 30 days after the date of the letter or determination.
2. An employer shall not seek to remove costs that have been charged to the account of the employer by appealing to the Administrator any issue that relates to a claim for compensation if the issue was raised or could have been raised before a hearing officer or an appeals officer pursuant to NRS 616C.315 or 616C.345.
3. The decision of the Administrator is the final and binding administrative determination of an appeal filed pursuant to this section, and the whole record consists of all evidence taken at the hearing before the Administrator and any findings based thereon.
(Added to NRS by 1983, 355; A 1987, 450; 1993, 719; 1995, 2024; 1997, 1431; 1999, 444)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.222 - Determination of total amount paid to employees for services performed during policy year.

To determine the total amount paid to employees for services performed, the maximum amount paid to any one employee during a policy year shall be deemed to be $36,000.
(Added to NRS by 1995, 2002, A 1999, 1715; 2001, 2449)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.224 - Periodic report of payroll and reported tips; periodic payment of premiums; effect of failure to submit information or premiums; collection of premiums by insurer.

1. Every private or public employer who is not a self-insured employer or a member of an association of self-insured public or private employers shall, at intervals and on or before dates established by the employer’s insurer, furnish the insurer with:
(a) A true and accurate payroll showing:
(1) The total amount paid to employees for services performed;
(2) The amount of tips reported to the employer by every employee pursuant to 26 U.S.C. § 6053(a) whose tips in cash totaled $20 or more; and
(3) A segregation of employment in accordance with the requirements of the Commissioner; and
(b) Any premium due pursuant to the terms of the policy of industrial insurance.
The payroll reports and any premium may be furnished to the insurer on different dates, as established by the insurer.
2. The failure of any employer to comply with the provisions of this section operates as a rejection of chapters 616A to 616D, inclusive, and chapter 617 of NRS. The insurer shall, within the period specified in subsection 2 of NRS 616B.461, notify the Administrator of each such rejection by notifying the Administrator of its cancellation or decision not to renew the policy of that employer.
3. The insurer shall notify any employer or the representative of the employer by first-class mail of any failure on his or her part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of chapters 616A to 616D, inclusive, and chapter 617 of NRS as otherwise provided in those chapters.
4. To the extent permitted by federal law, the insurer shall vigorously pursue the collection of premiums that are due under the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS even if an employer’s debts have been discharged in a bankruptcy proceeding.
[Part 77:168:1947; A 1951, 51, 485; 1953, 8]—(NRS A 1957, 34; 1969, 95, 762; 1975, 620; 1979, 1048; 1981, 713, 1474; 1983, 357; 1985, 1444; 1987, 922; 1991, 2410, 2441; 1993, 42, 43, 45, 720, 721, 802, 2457; 1995, 2025, 2141, 2168; 1997, 595, 596, 602, 1431; 1999, 212, 444, 1718, 1736, 1767; 2001, 802)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.227 - Submission and retention of reports concerning tips received by employees; payment of premiums for tips; calculation of compensation; notification of employees to report tips.

1. Except as otherwise provided in subsection 2, an employer shall:
(a) Make a copy of each report that an employee files with the employer pursuant to 26 U.S.C. § 6053(a) to report the amount of his or her tips to the United States Internal Revenue Service; and
(b) Submit the copy to his or her private carrier upon request and retain another copy for his or her records or, if the employer is self-insured or a member of an association of self-insured public or private employers, retain the copy for his or her records.
2. An employer who maintains his or her records concerning payroll by a computerized program or process that can produce a report on all employees which indicates:
(a) The amount of tips reported by each employee pursuant to 26 U.S.C. § 6053(a); or
(b) The amount of tips allocated to each employee pursuant to a formula applied by the employer, whether by agreement of the employees or by imposition of the employer,
may satisfy the requirements of subsection 1 by submitting a copy of the report to his or her private carrier and maintaining another copy of the report for his or her records.
3. An employer who is not self-insured or a member of an association of self-insured public or private employers shall pay the private carrier the premiums for the reported tips at the same rate as he or she pays on regular wages.
4. The private carrier, self-insured employer or association of self-insured public or private employers shall calculate compensation for an employee on the basis of wages paid by the employer plus the amount of tips reported by the employee pursuant to 26 U.S.C. § 6053(a). Reports made after the date of injury may not be used for the calculation of compensation.
5. An employer shall notify his or her employees of the requirement to report income from tips to calculate his or her federal income tax and to include the income in the computation of benefits pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS.
6. The Administrator shall adopt such regulations as are necessary to carry out the provisions of this section.
(Added to NRS by 1985, 1443; A 1987, 598; 1991, 2411; 1993, 722, 1865; 1995, 531, 2026; 1999, 213, 1768; 2001, 2449)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.228 - Budgeting for premiums and payment of premiums by public employers.

Every state office, department, board, commission, bureau, agency or institution, operating by authority of law, and each county, city, school district and other political subdivision of this State shall budget for industrial insurance in the same manner as for other expenses and, if insured by a private carrier, shall pay premiums as required by its contract.
(Added to NRS by 1999, 1764)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.303 - Standard for insolvency.

For the purposes of NRS 616B.306, 616B.309 and 616B.318, an employer is insolvent if the employer’s assets are less than the employer’s liabilities.
(Added to NRS by 1985, 582)—(Substituted in revision for NRS 616.2915)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.306 - Commissioner may sell securities or institute proceedings on surety bonds of self-insured employer to pay claims.

If a self-insured employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS after an order for payment of any claim becomes final, the Commissioner may, after giving at least 10 days’ notice to the employer and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited or filed with the Commissioner pursuant to NRS 679B.175 to the extent necessary to make those payments. Until the Commissioner gives a 10-day notice pursuant to this section, the employer is entitled to all interest and dividends on bonds or securities on deposit pursuant to NRS 679B.175 and to exercise all voting rights, stock options and other similar incidents of ownership thereof.
(Added to NRS by 1979, 1036; A 1985, 583, 934; 2021, 3001)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.309 - Assessment of self-insured employers to provide for claims against insolvent employers; Account for Insolvent Self-Insured Employers.

1. The Commissioner may assess all self-insured employers to provide for claims against any insolvent self-insured employer.
2. All money received from such assessments must be deposited with the State Treasurer to the credit of the Account for Insolvent Self-Insured Employers, which is hereby created in the Fund for Workers’ Compensation and Safety. Money in the Account must be used solely to carry out the provisions of this section. All claims against the Account must be paid as other claims against the State are paid. The State Treasurer shall invest money in the account in the same manner and in the same securities in which the State Treasurer may invest money of the State General Fund. Income realized from the investment of the assets in the Account must be credited to the Account.
(Added to NRS by 1985, 933; A 1991, 1800)—(Substituted in revision for NRS 616.2925)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.312 - Certificate of qualification as self-insured employer: Issuance by Commissioner; contents; effective date; period certificate is in effect.

1. Upon determining that an employer is qualified as a self-insured employer, the Commissioner shall issue a certificate to that effect to the employer and the Administrator. No certificate may be issued to any employer who, within the 2 years immediately preceding the employer’s application, has had his or her certification as a self-insured employer involuntarily withdrawn by the Commissioner.
2. A certificate issued pursuant to this section must include, without limitation:
(a) The name of the self-insured employer;
(b) An identification number assigned to the self-insured employer by the Commissioner; and
(c) The date on which the certificate was issued.
3. Except as otherwise provided in NRS 616B.315 and 616B.318, certificates issued pursuant to this section remain in effect until withdrawn by the Commissioner or cancelled by the employer. Coverage for employers qualifying under NRS 616B.615 becomes effective on the date of certification or the date specified in the certificate.
(Added to NRS by 1979, 1037; A 1981, 1466; 1985, 583; 1993, 2404; 1995, 1640; 1997, 3217)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.315 - Notification of change in ownership or control of self-insured employer; automatic termination of certification unless extension granted.

A self-insured employer shall notify the Commissioner not less than 60 days before any change in ownership or control of the employer. The certification of the self-insured employer terminates automatically on the date of the change unless the Commissioner extends the certification. Except as otherwise provided in NRS 616B.015, the Commissioner, upon request, may declare as confidential any documents which are submitted in support of a request for such an extension. Documents declared confidential pursuant to this section are subject to the provisions of NRS 239.0115.
(Added to NRS by 1985, 582; A 1995, 2137; 2007, 2127)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.318 - Grounds for withdrawal of certification of self-insured employer; exception; administrative fine.

1. The Commissioner shall impose an administrative fine, not to exceed $1,000 for each violation, and:
(a) Shall withdraw the certification of a self-insured employer if:
(1) The deposit required pursuant to NRS 616B.300 is not sufficient and the employer fails to increase the deposit after the employer has been ordered to do so by the Commissioner;
(2) The self-insured employer fails to provide evidence of excess insurance pursuant to NRS 616B.300 within 45 days after the employer has been so ordered; or
(3) Except as otherwise provided in subsection 4, the employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder.
(b) May withdraw the certification of a self-insured employer if:
(1) The employer intentionally fails to comply with regulations of the Commissioner regarding reports or other requirements necessary to carry out the purposes of chapters 616A to 616D, inclusive, and chapter 617 of NRS;
(2) The employer violates the provisions of subsection 2 of NRS 616B.500 or any regulation adopted by the Commissioner or the Administrator concerning the administration of the employer’s plan of self-insurance; or
(3) The employer makes a general or special assignment for the benefit of creditors or fails to pay compensation after an order for payment of any claim becomes final.
2. Any employer whose certification as a self-insured employer is withdrawn must, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616B.650.
3. The Commissioner may, upon the written request of an employer whose certification as a self-insured employer is withdrawn pursuant to subparagraph (3) of paragraph (a) of subsection 1, reinstate the employer’s certificate for a reasonable period to allow the employer sufficient time to provide industrial insurance for his or her employees.
4. The Commissioner may authorize an employer to retain his or her certification as a self-insured employer during the pendency of a proceeding specified in subparagraph (3) of paragraph (a) of subsection 1 if the employer establishes to the satisfaction of the Commissioner that the employer is able to pay all claims for compensation during the pendency of the proceeding.
(Added to NRS by 1979, 1037; A 1981, 1466; 1985, 583; 1991, 2403; 1993, 2404; 1995, 2018; 1999, 216; 2003, 3339)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.321 - Imposition of fine if self-insured employer fails to pay compensation as ordered.

The Commissioner shall impose an administrative fine, not to exceed $5,000, if an employer whose certification as a self-insured employer has terminated fails to pay compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS after an order for payment of any claim becomes final.
(Added to NRS by 1985, 582; A 1991, 2404)—(Substituted in revision for NRS 616.2945)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.324 - Self-insured employer liable for violation by employer’s agent.

A person who is employed by or contracts with a self-insured employer to administer the plan of self-insurance is an agent of the self-insured employer, and if he or she violates any provision of this chapter or chapter 616A, 616C, 616D or 617 of NRS, the self-insured employer is liable for any penalty assessed because of that violation.
(Added to NRS by 1985, 1011; A 1999, 216)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.327 - Withdrawal of certification of self-insured employer: Informal meeting; notice of withdrawal; hearing; effective date of withdrawal.

1. Except as otherwise provided in NRS 616D.120, before any action may be taken pursuant to subsection 2, the Commissioner of Insurance shall arrange an informal meeting with the self-insured employer to discuss and seek correction of any conduct which would be grounds for withdrawal of the self-insured employer’s certificate of self-insurance.
2. Except as otherwise provided in NRS 616D.120, before the withdrawal of the certification of any self-insured employer, the Commissioner of Insurance shall give written notice to that employer by certified mail that the employer’s certification will be withdrawn 10 days after receipt of the notice unless, within that time, the employer corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the Commissioner of Insurance. Before requesting a hearing the employer must make the deposit required by NRS 616B.300.
3. If the employer requests a hearing:
(a) The Commissioner of Insurance shall set a date for a hearing within 20 days after receiving the appeal request, and shall give the employer at least 10 business days’ notice of the time and place of the hearing.
(b) A record of the hearing must be kept but it need not be transcribed unless requested by the employer with the cost of transcription to be charged to the employer.
(c) Within 5 business days after the hearing, the Commissioner of Insurance shall either affirm or disaffirm the withdrawal and give the employer written notice thereof by certified mail. If withdrawal of certification is affirmed, the withdrawal becomes effective 10 business days after the employer receives notice of the affirmance unless within that period of time the employer corrects the conduct which was ground for the withdrawal or petitions for judicial review of the affirmance.
4. If the withdrawal of certification is affirmed following judicial review, the withdrawal becomes effective 5 days after entry of the final decree of affirmance.
(Added to NRS by 1979, 1037; A 1995, 1640)—(Substituted in revision for NRS 616.296)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.330 - Self-insured employer may appeal decision of Commissioner.

Any self-insured employer who is aggrieved by a decision of the Commissioner of Insurance may appeal in the manner set forth in NRS 679B.310, except that any such appeal must be filed within the time set forth in NRS 616B.327.
(Added to NRS by 1979, 1039)—(Substituted in revision for NRS 616.298)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.333 - Disposition of security after termination of status as self-insured employer.

1. If for any reason the status of an employer as a self-insured employer is terminated, the security deposited under NRS 616B.300 must remain on deposit for a period of at least 36 months in such amount as necessary to secure the outstanding and contingent liability arising from accidental injuries or occupational diseases secured by such security, or to assure the payment of claims for aggravation, payment of claims under NRS 616C.390 and payment of claims under NRS 616C.392 based on such accidental injuries or occupational diseases.
2. At the expiration of the 36-month period, or such other period as the Commissioner deems proper, the Commissioner may accept, in lieu of any security so deposited, a policy of paid-up insurance in a form approved by the Commissioner.
(Added to NRS by 1979, 1038; A 2005, 1489)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.336 - Self-insured employers to furnish annual financial statements to Commissioner; Commissioner may examine records and interview employees.

1. Each self-insured employer shall furnish financial statements audited by an independent certified public accountant, or foreign equivalent, to the Commissioner annually within 120 days after the expiration of the self-insured employer’s fiscal year, or within such other time frame as the Commissioner may allow.
2. The Commissioner may examine the records and interview the employees of each self-insured employer as often as the Commissioner deems advisable to determine the adequacy of the deposit which the employer has made with the Commissioner, the sufficiency of reserves and the reporting, handling and processing of injuries or claims. The Commissioner shall examine the records for that purpose at least once every 3 years. The self-insured employer shall reimburse the Commissioner for the cost of the examination.
(Added to NRS by 1979, 1039; A 2003, 3339; 2015, 3515)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.356 - Certificate of authority required before surety or bonding company may furnish bond or other security for association.

A surety or bonding company shall not furnish a bond or any other form of security required by the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an association of self-insured public or private employers or a member of such an association unless the surety or bonding company holds a certificate of authority issued by the Commissioner.
(Added to NRS by 1995, 1977)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.359 - Certificate of qualification as an association of self-insured employers: Time for consideration of application; issuance by Commissioner; contents; effective date; period certificate is in effect; cancellation by association.

1. The Commissioner shall grant or deny an application for certification as an association of self-insured public or private employers within 60 days after receiving the application. If the application is materially incomplete or does not comply with the applicable provisions of the law, the Commissioner shall notify the applicant of the additional information or changes required. Under such circumstances, if the Commissioner is unable to act upon the application within this 60-day period, the Commissioner may extend the period for granting or denying the application, but for not longer than an additional 90 days.
2. Upon determining that an association is qualified as an association of self-insured public or private employers, the Commissioner shall issue a certificate to that effect to the association and the association’s administrator. No certificate may be issued to an association that, within the 2 years immediately preceding its application, has had its certification as an association of self-insured public or private employers involuntarily withdrawn by the Commissioner.
3. A certificate issued pursuant to this section must include, without limitation:
(a) The name of the association;
(b) The name of each employer who the Commissioner determines is a member of the association at the time of the issuance of the certificate;
(c) An identification number assigned to the association by the Commissioner; and
(d) The date on which the certificate was issued.
4. A certificate issued pursuant to this section remains in effect until the certificate is withdrawn by the Commissioner, the certificate is cancelled at the request of the association or an association does not pay, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110. Coverage for an association granted a certificate becomes effective on the date of certification or the date specified in the certificate.
5. The Commissioner shall not grant a request to cancel a certificate unless the association has insured or reinsured all incurred obligations with an insurer authorized to do business in this State pursuant to an agreement filed with and approved by the Commissioner. The agreement must include coverage for actual claims and claims incurred but not reported, and the expenses associated with those claims.
(Added to NRS by 1993, 671; A 1995, 1641, 1981; 1997, 3218; 2003, 3340; 2009, 1829)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.362 - Effect of certification; responsibility of association to provide compensation and administer claims.

1. An association certified as an association of self-insured public or private employers directly assumes the responsibility for providing compensation due the employees of the members of the association and their beneficiaries under chapters 616A to 617, inclusive, of NRS.
2. An association is not required to pay the premiums required of other employers pursuant to chapters 616A to 617, inclusive, of NRS but is relieved from other liability for personal injury to the same extent as are other employers.
3. The claims of employees and their beneficiaries resulting from injuries while in the employment of a member of an association must be handled in the manner provided by chapters 616A to 616D, inclusive, of NRS, and the association is subject to the regulations of the Division with respect thereto.
4. The security deposited pursuant to NRS 616B.353 does not relieve an association from responsibility for the administration of claims and payment of compensation under chapters 616A to 617, inclusive, of NRS.
(Added to NRS by 1993, 672; A 1995, 649; 1999, 216)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.365 - Board of trustees: Members; duties; prohibited acts.

1. An association of self-insured public or private employers must be operated by a board of trustees consisting of at least five members whom the members of the association elect for terms set forth in the bylaws of the association. If the association is an association of self-insured:
(a) Public employers, the members of the board of trustees must be officers or employees of the public employers who are members of the association.
(b) Private employers, at least two-thirds of the members of the board of trustees must be employees, officers or directors of the members of the association. No association’s administrator or third-party administrator employed by the association, or any owner, officer, employee or other person affiliated with the association’s administrator or third-party administrator, may serve as a member of the board of trustees. Each member of the board of trustees must be a resident of this State or an officer of a corporation authorized to do business in this State.
2. The board of trustees of an association shall:
(a) Ensure the prompt payment of any compensation due pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.
(b) Take such actions as are necessary to protect the assets of the association.
(c) Employ full-time an association’s administrator to carry out the policies of the board of trustees and perform such duties as the board delegates to him or her. An association’s administrator shall not perform any of the duties assigned to a third-party administrator.
(d) Employ a third-party administrator to carry out the duties set forth in NRS 616B.503.
(e) Employ an independent certified public accountant to prepare the statement of financial condition required by NRS 616B.404.
(f) Maintain minutes of its meetings and make the minutes available for inspection by the Commissioner.
3. The board of trustees of an association shall not:
(a) Extend credit to any member of the association for the payment of that member’s annual assessment, except pursuant to a payment plan approved by the Commissioner.
(b) Borrow any money from the association or in the name of the association, except in the ordinary course of its business, without the prior approval of the Commissioner.
(Added to NRS by 1993, 672; A 1995, 1981)—(Substituted in revision for NRS 616.37925)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.368 - Board of trustees: Fiscal responsibilities; establishment of accounts; review of accounts by Commissioner.

1. The board of trustees of an association of self-insured public or private employers is responsible for the money collected and disbursed by the association.
2. The board of trustees shall:
(a) Establish a claims account in a financial institution in this State which is approved by the Commissioner and which is federally insured or insured by a private insurer approved pursuant to NRS 672.755. Except as otherwise provided in subsection 3, at least 75 percent of the annual assessment collected by the association from its members must be deposited in this account to pay:
(1) Claims;
(2) Expenses related to those claims;
(3) The costs associated with the association’s policy of excess insurance; and
(4) Assessments, payments and penalties related to the Subsequent Injury Account and the Uninsured Employers’ Claim Account.
(b) Establish an administrative account in a financial institution in this State which is approved by the Commissioner and which is federally insured or insured by a private insurer approved pursuant to NRS 672.755. The amount of the annual assessment collected by the association that is not deposited in its claims account must be deposited in this account to pay the administrative expenses of the association.
3. The Commissioner may authorize an association to deposit less than 75 percent of its annual assessment in its claims account if the association presents evidence to the satisfaction of the Commissioner that:
(a) More than 25 percent of the association’s annual assessment is needed to maintain its programs for loss control and occupational safety; and
(b) The association’s policy of excess insurance attaches at less than 75 percent.
4. The board of trustees may invest the money of the association not needed to pay the obligations of the association pursuant to chapter 682A of NRS.
5. The Commissioner shall review the accounts of an association established pursuant to this section at such times as the Commissioner deems necessary to ensure compliance with the provisions of this section.
(Added to NRS by 1993, 673; A 1999, 1527; 2001, 2756)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.371 - Association’s administrator prohibited from financial interest in third-party administrator; third-party administrator prohibited from financial interest in association’s administrator; contractual requirement.

1. An association’s administrator employed by an association of self-insured public or private employers, or an employee, officer or director of an association’s administrator, may not be an employee, officer or director of a third-party administrator employed by the association or have a direct or indirect financial interest in the third-party administrator of the association.
2. The third-party administrator of an association of self-insured public or private employers, or an employee, officer or director of the third-party administrator, may not be an employee, officer or director of an association’s administrator employed by the association or have a direct or indirect financial interest in that association’s administrator.
3. Any contract entered into by an association of self-insured public or private employers and a third-party administrator must include a provision which states that, unless the Commissioner otherwise provides, the third-party administrator shall administer any claim or other obligation of the association to its conclusion during the period of the contract.
(Added to NRS by 1993, 673; A 1995, 1982)—(Substituted in revision for NRS 616.3793)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.377 - Solicitor’s permit: Commissioner to conduct investigation after filing of application for permit; required issuance of permit; Commissioner to give notice to applicant if application denied; fee nonrefundable.

1. After the filing of an application for a solicitor’s permit, the Commissioner shall promptly cause an investigation to be made of:
(a) The identity, character, reputation, experience, financial standing and motives of the persons proposing to organize, promote or finance the association of self-insured public or private employers;
(b) The character, financial responsibility, management experience and business qualifications of the officers, directors and managers of the existing or proposed association; and
(c) Any other aspects of the solicitor, association or proposed financing as the Commissioner deems advisable.
2. The Commissioner shall expeditiously examine an application for a solicitor’s permit and complete the investigation required pursuant to subsection 1. Except as otherwise provided in subsection 3, if the Commissioner finds after performing an examination and investigation that:
(a) The application is complete and the applicable fee has been paid;
(b) The documents filed with the application are proper in form; and
(c) The proposed financing is reasonable and adequate in amount for the purposes intended and the applicant is otherwise entitled to the permit,
the Commissioner shall issue a permit and assign a permit number to the applicant.
3. If the Commissioner does not so find, or finds that:
(a) The applicant is not competent, trustworthy, financially responsible or of good personal and business reputation;
(b) Any of the persons associated or to be associated with the association are not of good reputation as to business affairs or financial responsibility; or
(c) There is material variance, adverse to the applicant, as between the information furnished by the applicant in connection with the application and that determined by the Commissioner on investigation,
the Commissioner shall give notice to the applicant that a permit will not be granted, stating the particulars of the grounds for the denial. The Commissioner shall not refund the fee for the filing of the application.
(Added to NRS by 1995, 1976)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.380 - Solicitor’s permit: Power of Commissioner to suspend or revoke permit; hearing required.

1. The Commissioner may suspend or revoke a solicitor’s permit if the Commissioner reasonably believes that:
(a) A violation of this chapter or chapter 616A, 616C, 616D or 617 of NRS or title 57 of NRS or the terms of the permit or any proper order of the Commissioner has occurred; or
(b) A material misrepresentation in the offering or sale of securities, policies or memberships pursuant to the permit has occurred.
2. If the Commissioner suspends or revokes a permit pursuant to subsection 1, the Commissioner shall expeditiously conduct a hearing, giving the holder of the permit a reasonable opportunity to appear and be heard.
(Added to NRS by 1995, 1977)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.383 - Advertisements or written materials to join association of self-insured public or private employers; solicitor to provide to Commissioner upon request copy of document relating to solicitation.

1. Any advertising or written material that solicits employers to join an association of self-insured public or private employers must contain the permit number of the solicitor.
2. A solicitor shall provide to the Commissioner upon request a copy of any document relating to a solicitation which was prepared after the solicitor filed his or her application for a permit.
(Added to NRS by 1995, 1977)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.388 - Provision of member information upon request.

If a member of an association of self-insured public or private employers requests, in writing, information required for the member’s certificate of insurance, the association shall, within 30 days after receiving the request, provide to the member information regarding claims paid and reserves for claims incurred that are maintained on behalf of the member.
(Added to NRS by 2007, 3334)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.392 - Notification of Commissioner required if change in information submitted for certification.

1. An association of self-insured public or private employers shall notify the Commissioner of any change in the information submitted in its application for certification or in the manner of its compliance with NRS 616B.353 not later than 30 days after the change.
2. For the purposes of this section, the addition of an employer to the membership of an association of self-insured private employers is not a change in the information that the association submitted in its application for certification.
(Added to NRS by 1993, 674; A 1999, 816)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.395 - Examination of books, records, accounts and assets of association by Commissioner; payment of related expenses.

1. The Commissioner may examine the books, records, accounts and assets of an association of self-insured public or private employers as the Commissioner deems necessary to carry out the provisions of NRS 616B.350 to 616B.446, inclusive.
2. The expense of any examination conducted pursuant to this section must be paid by the association.
(Added to NRS by 1993, 675)—(Substituted in revision for NRS 616.3794)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.398 - Commissioner is attorney-in-fact of association for receipt of initial legal process.

An association of self-insured public or private employers shall be deemed to have appointed the Commissioner as its attorney-in-fact to receive any initial legal process authorized by law to be served upon the association for as long as the association is obligated to pay any compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS. Service of process against an association for whom the Commissioner is attorney-in-fact must be made in accordance with NRS 680A.260.
(Added to NRS by 1993, 675; A 2007, 2722; 2021, 3001)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.401 - Merger of associations.

1. An association of self-insured public employers may merge with another association of self-insured public employers if:
(a) The resulting association assumes in full all obligations of the merging associations; and
(b) The merger is approved by the Commissioner.
2. An association of self-insured private employers may merge with another association of self-insured private employers if:
(a) The members of the merging associations are engaged in the same or similar trade;
(b) The resulting association assumes in full all obligations of the merging associations; and
(c) The merger is approved by the Commissioner.
3. The Commissioner shall conduct a hearing on the proposed merger if any member of the merging associations so requests. The Commissioner may on his or her own motion conduct such a hearing.
(Added to NRS by 1993, 675; A 1995, 1984)—(Substituted in revision for NRS 616.37947)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.404 - Statement of financial condition: Filing dates; contents; form; additional reports.

1. An association of self-insured public or private employers shall file with the Commissioner an audited statement of financial condition prepared by an independent certified public accountant. The statement must be filed on or before May 1 of each year or within 120 days after the conclusion of the association’s fiscal year and must contain information for the previous fiscal year.
2. The statement required by subsection 1 must be in a form prescribed by the Commissioner and include, without limitation:
(a) A statement of the reserves for:
(1) Actual claims and expenses;
(2) Claims incurred but not reported, and the expenses associated with those claims;
(3) Assessments that are due, but not paid; and
(4) Unpaid debts, which must be shown as liabilities.
(b) An actuarial opinion regarding reserves that is prepared by a member of the American Academy of Actuaries or another specialist in loss reserves identified in the annual statement adopted by the National Association of Insurance Commissioners. The actuarial opinion must include a statement of:
(1) Actual claims and the expenses associated with those claims; and
(2) Claims incurred but not reported, and the expenses associated with those claims.
3. The Commissioner may adopt a uniform financial reporting system for associations of self-insured public and private employers to ensure the accurate and complete reporting of financial information.
4. The Commissioner may require the filing of such other reports as the Commissioner deems necessary to carry out the provisions of this section, including, without limitation:
(a) Audits of the payrolls of the members of an association of self-insured public or private employers;
(b) Reports of losses; and
(c) Quarterly financial statements.
(Added to NRS by 1993, 675; A 2003, 3343)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.407 - Calculation of annual assessment paid by each member of association.

1. Except as otherwise provided in subsection 2, the annual assessment required to be paid by each member of an association of self-insured public or private employers must be:
(a) Calculated by a rate service organization that is licensed pursuant to chapter 686B of NRS; and
(b) Based on the premium rate for the standard industrial classification of that member, adjusted by the member’s individual experience.
If approved by the Commissioner, payments of assessments may be reduced by an amount based on the association’s level of expenses and loss experience.
2. If approved by the Commissioner, an association may calculate the annual assessment required to be paid by each member of the association. An assessment calculated by the association must be based on at least 5 years of the member’s individual experience.
(Added to NRS by 1993, 676; A 1999, 1722)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.410 - Annual audits; objection to assignment of standard industrial classification.

1. The Commissioner shall cause to be conducted at least annually an audit of each association of self-insured public or private employers in order to verify:
(a) The standard industrial classification of each member of the association;
(b) The individual experience of each member of the association;
(c) The payroll of each member of the association; and
(d) The assessment required to be paid by each member of the association.
2. The audit required by this section must be conducted by an auditor approved by the Commissioner.
3. A report of the audit must be filed with the Commissioner in a form required by the Commissioner.
4. The association or any member of the association may request a hearing before the Commissioner to object to any standard industrial classification assigned to a member of the association as a result of the audit. If the Commissioner determines that the assessment required to be paid by any member of the association is:
(a) Insufficient because of the standard industrial classification assigned to the member, the Commissioner shall order the association to collect from that member any amount required to recover the deficiency.
(b) Excessive because of the standard industrial classification assigned to the member, the Commissioner shall order the association to pay to the member the excess amount collected.
5. The expenses of any audit conducted pursuant to this section must be paid by the association.
(Added to NRS by 1993, 676)—(Substituted in revision for NRS 616.37957)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.413 - Payment of dividends to members of association.

1. If the assets of an association of self-insured public or private employers exceed the amount necessary for the association to:
(a) Pay its obligations and administrative expenses;
(b) Carry reasonable reserves; and
(c) Provide for contingencies,
the board of trustees of the association may, after obtaining the approval of the Commissioner, declare and distribute dividends to the members of the association.
2. Any dividend declared pursuant to subsection 1 must be distributed not less than 12 months after the end of the fund year.
3. A dividend may be paid only to those members who are members of the association for the entire fund year. The payment of a dividend must not be conditioned upon the member continuing his or her membership in the association after the fund year.
4. An association shall give to each prospective member of the association a written description of its plan for distributing dividends when the prospective member applies for membership in the association.
(Added to NRS by 1993, 676; A 2003, 3343)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.416 - Plan for payment of annual assessments by members of association.

1. Each association of self-insured public or private employers shall adopt a plan for the payment of annual assessments by the members of the association which must be approved by the Commissioner.
2. The plan must include a requirement for:
(a) An initial payment, in advance, of a portion of the annual assessment due from each member of the association. If the association is an association of self-insured public employers, the initial payment must be in an amount approved by the Commissioner. If the association is an association of self-insured private employers, the initial payment must be in an amount equal to at least 25 percent of the member’s annual assessment.
(b) Payment of the balance of the annual assessment due in quarterly or monthly installments.
(Added to NRS by 1993, 677)—(Substituted in revision for NRS 616.37965)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.419 - Required reserves.

Each association of self-insured public or private employers shall maintain:
1. Actuarially appropriate loss reserves. Such reserves must include reserves for:
(a) Actual claims and the expenses associated with those claims; and
(b) Claims incurred but not reported, and the expenses associated with those claims.
2. Reserves for uncollected debts based on the experience of the association or other associations.
(Added to NRS by 1993, 677; A 2003, 3344)