reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › General Provisions › Section 616B.774 - "Estimated annual assessment" defined

Current through June 11, 2024
"Estimated annual assessment" means an assessment that is
				  calculated pursuant to NAC 616B.7758.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R216-97, eff. 8-19-99
NRS
					 616B.572,
					 616B.575
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › General Provisions › Section 616B.7742 - "Expected annual disbursements from the Account" defined

Current through June 11, 2024
"Expected annual disbursements from the Account" means an
				  estimate of the annual disbursements from the Account.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R216-97, eff. 8-19-99
NRS
					 616B.572,
					 616B.575
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › General Provisions › Section 616B.7744 - "Expected annual expenditures for claims of an association" defined

Current through June 11, 2024
"Expected annual expenditures for claims of an association"
				  means an estimate of the annual expenditures for claims of an
				  association.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R216-97, eff. 8-19-99
NRS
					 616B.572,
					 616B.575
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › General Provisions › Section 616B.7746 - "Final annual assessment" defined

Current through June 11, 2024
"Final annual assessment" means an assessment that is
				  calculated pursuant to NAC 616B.7767.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R216-97, eff. 8-19-99
NRS
					 616B.572,
					 616B.575
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › General Provisions › Section 616B.775 - "State Industrial Insurance System" defined

Current through June 11, 2024
"State Industrial Insurance System" has the meaning ascribed
				  to it in
				  NRS
				  616A.317.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R216-97, eff. 8-19-99
NRS
					 616B.572,
					 616B.575
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › General Provisions › Section 616B.7752 - Administration of Account; general duties for associations

Current through June 11, 2024
1. The Division shall:
(a) Calculate, impose and collect pursuant to
				NAC 616B.773 to 616B.7767, inclusive, all assessments, payments and penalties
				related to administration of the Account; and
(b) Take any other action related to
				administration of the Account that is authorized by the Board.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Assessments › Section 616B.7755 - Annual expenditures for claims: Records; reports; reductions for amounts received from subrogation or reimbursement

Current through June 11, 2024
1. Each
				association shall maintain records in this State of the annual expenditures for
				claims of the association. Such records must include, without limitation:
(a) Copies of all checks that have been
				issued for each claim;
(b) A
				register that documents all checks that have been issued for each claim and any
				voided checks related to such claims;
(c) A register that documents any other form
				of payment that has been made for each claim; and
(d) Any working papers that the association
				used to report annual expenditures for claims of the association.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Assessments › Section 616B.7758 - Estimated annual assessment: Collection; calculation; pro rata assessment; statement; penalty

Current through June 11, 2024
1. The Division
				shall collect an estimated annual assessment from each association to defray
				the expected annual disbursements from the Account.
2. Except as otherwise provided in subsection
				3, to calculate the estimated annual assessment to be collected from each
				association, the Division shall:
(a) Calculate
				the expected annual expenditures for claims of the association pursuant to NAC
				616B.7761 and 616B.7764;
(b) Divide
				the expected annual expenditures for claims of the association by the aggregate
				sum of the expected annual expenditures for claims of all associations;
				and
(c) Multiply the result of the
				calculation performed pursuant to paragraph (b) by the expected annual
				disbursements from the Account as calculated by the Division.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Assessments › Section 616B.7761 - Expected annual expenditures for claims of association: Calculation; estimation; annual report

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, to calculate the expected annual
				expenditures for claims of an association, the Division shall:
(a) Calculate the annual expenditures for
				claims of the association for each of the immediately preceding 3 calendar
				years pursuant to NAC 616B.7764; and
(b) Average the annual expenditures for
				claims of the association for those 3 calendar years.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Assessments › Section 616B.7764 - Annual expenditures for claims of association: Calculation; statement; consideration of certain expenditures for claims; exceptions

Current through June 11, 2024
1. For the purposes of subsection 1 of NAC
				616B.7761, to calculate the
				annual expenditures for claims of an association for each of the immediately
				preceding 3 calendar years, the Division shall:
(a) Consider the reports and any other
				information provided to the Division by the association pursuant to NAC
				616B.7755;
(b) Consider the statements obtained from the
				successor organization to the State Industrial Insurance System pursuant to
				subsection 2; and
(c) Determine
				which payments made by the association are to be considered expenditures for
				claims pursuant to subsections 3 and 4.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Assessments › Section 616B.7767 - Final annual assessment: Calculation; statement; refund; payment of deficit; penalty

Current through June 11, 2024
1. As soon as
				practicable after the end of a fiscal year, the Division shall calculate a
				final annual assessment for each association for that completed fiscal
				year.
2. To calculate the final
				annual assessment for an association for the completed fiscal year, the
				Division shall:
(a) Calculate pursuant to NAC
				616B.7764 the annual expenditures for claims of the association for the
				completed fiscal year based upon the appropriate information obtained from the
				association and the successor organization to the State Industrial Insurance
				System;
(b) Calculate the amount of
				money deposited to and paid from the Account based upon the reports issued by
				the State Controller for the completed fiscal year relating to closing budgets
				and final trial balances; and
(c)
				Use the formula set forth in subsection 2 of NAC 616B.7758 to calculate the
				final annual assessment for the association by substituting the figures for
				expected annual disbursements from the Account and expected annual expenditures
				for claims with the appropriate figures for the completed fiscal year for
				annual disbursements from the Account and annual expenditures for
				claims.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.777 - Definitions

Current through June 11, 2024
As used in NAC 616B.777 to
				  616B.779, inclusive, and
				  sections 2 to 14, inclusive, unless the context otherwise requires, the words
				  and terms defined in NAC
				  616B.7731,
				  616B.7736 and
				  616B.7738 have the meanings
				  ascribed to them in those sections.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97, eff. 8-19-99; A by
				  R026-18A,
				  eff. 2/20/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.77723 - Guidelines for use by Board in making determinations on ratings of permanent physical impairment

Current through June 11, 2024
1. For the purposes
				of determining whether a preexisting impairment is a permanent physical
				impairment:
(a) If the preexisting impairment
				of the injured employee arose out of and in the course of his or her employment
				and the employee has been assigned a rating of permanent impairment which is no
				longer appealable, the Board may choose to accept the rating for the
				preexisting impairment if the rating was assigned based on the edition of the
				American Medical Association's
Guides to the Evaluation of Permanent
				Impairment
that was in effect on the date on which the preexisting
				impairment was rated;
(b) If a
				claim for reimbursement from the Account has been served on the Administrator
				pursuant to NAC
				616B.7773 but the preexisting
				impairment has not yet been assigned a rating, the Administrator may choose not
				to make a recommendation on the claim and the Board may choose not to rule on
				the claim until after a determination of rating has been made concerning the
				preexisting impairment in accordance with the edition of the American Medical
				Association's
Guides to the Evaluation of Permanent Impairment
that was in effect on the date on which the subsequent injury was rated;
				and
(c) If a claim for
				reimbursement from the Account has been served on the Administrator pursuant to
				NAC 616B.7773 and a rating has been
				assigned to the preexisting impairment but the rating is not deemed final, the
				Administrator may choose not to make a recommendation on the claim and the
				Board may choose not to rule on the claim until the rating has been finalized
				in accordance with the edition of the American Medical Association's
Guides to the Evaluation of Permanent Impairment
that is in
				effect on the date on which the rating of the preexisting impairment is
				finalized.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.77725 - Guidelines for use by Board in rating permanent physical impairment of multiple body parts

Current through June 11, 2024
1. For the purposes
				of subsection 3 of
				NRS
				616B.578, the ratings of permanent impairment
				of two or more body parts, organ systems or organ functions may not be added
				together or combined to reach a rating of permanent impairment of 6 percent or
				more of the whole person to qualify a condition as a permanent physical
				impairment.
2. The Administrator
				shall, and the Board will, use the American Medical Association's
Guides to the Evaluation of Permanent Impairment
as a
				reference for determining whether a rating of permanent impairment totals 6
				percent or more of the whole person to qualify a condition as a permanent
				physical impairment pursuant to
				NRS
				616B.578. Multiple body parts unrelated to a
				subsequent injury will not be considered as one impairment. Each body part,
				organ system or organ function included within a claim for reimbursement from
				the Account must satisfy the definition of "permanent physical impairment" in
				NRS
				616B.578 to qualify the body part, organ
				system or organ function for reimbursement under the claim.
Added to
				  NAC by Div. of Industrial Relations by
				  R026-18A,
				  eff. 2/27/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7771

Current through June 11, 2024
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97, eff. 8-19-99; R by
				  R026-18A,
				  eff. 2/20/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7773 - Claims

Current through June 11, 2024
1. Except as otherwise provided in NAC
				616B.779, the Board will approve
				or disapprove, in whole or in part:
(a) Each
				claim made for reimbursement from the Account by an association, if the claim
				is completed by the association pursuant to the requirements set forth in this
				section; and
(b) Any expenses of
				the association related to each such claim that the Administrator has verified
				pursuant to the provisions of NAC
				616B.707.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.77751 - Designation of person to accept service on behalf of association submitting claim; exception

Current through June 11, 2024
A claim for reimbursement from the Account submitted pursuant
				  to NAC 616B.7773 must include, without
				  limitation, the name of the person designated by the association to accept
				  service on behalf of the association submitting the claim and the mailing
				  address and any facsimile number and electronic mail address at which that
				  person may be served with notices, pleadings and other documents. Except as
				  otherwise provided in NAC
				  616B.77752, all notices,
				  pleadings and other documents, including, without limitation, any
				  recommendation of the Administrator, must be served on the person designated in
				  the claim pursuant to this section.
Added to
				  NAC by Div. of Industrial Relations by
				  R026-18A,
				  eff. 2/27/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.77752 - Written notice of legal counsel or lay advocate to accept service for association; exception

Current through June 11, 2024
1. An association
				that is represented by legal counsel or a lay advocate shall, by service on the
				Board and the Administrator, provide notice of the name and business address of
				the legal counsel or lay advocate, as applicable, and any facsimile number or
				electronic mail address at which the legal counsel or lay advocate must be
				served with any notices, pleadings and other documents.
2. If an association has provided the notice
				required by subsection 1, the Board and the Administrator will thereafter serve
				all notices, pleadings and other documents on the legal counsel or lay advocate
				designated pursuant to subsection 1, as applicable, exclusively, unless the
				association provides written notice to the Board and the Administrator of a
				change in representation.
Added to
				  NAC by Div. of Industrial Relations by
				  R026-18A,
				  eff. 2/27/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.77753 - Service of recommendation concerning claim by Administrator

Current through June 11, 2024
At the time the Administrator determines that a claim for
				  reimbursement from the Account is complete and makes a recommendation regarding
				  the claim, the Administrator shall serve on the person designated pursuant to
				  NAC 616B.77751 or
				  616B.77752, as applicable, a
				  copy of the recommendation, a copy of each document and record upon which the
				  Administrator relied to make the recommendation and a list of the witnesses
				  whom the Administrator may call to testify in support of the
				  recommendation.
Added to
				  NAC by Div. of Industrial Relations by
				  R026-18A,
				  eff. 2/27/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.77754 - Service of documents on Board

Current through June 11, 2024
Service on the Board of any filing, pleading, notice or other
				  document required by NAC
				  616B.777 to
				  616B.7825, inclusive, must be
				  made on the legal counsel for the Board. If the Board does not have legal
				  counsel, service must be made on the Administrator for transmission to the
				  Board.
Added to
				  NAC by Div. of Industrial Relations by
				  R026-18A,
				  eff. 2/27/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.77755 - Service of documents on Administrator

Current through June 11, 2024
Except for the submission of a claim for reimbursement from
				  the Account pursuant to NAC
				  616B.7773, service on the
				  Administrator of any filing, pleading, notice or other document required by NAC
				  616B.777 to
				  616B.7825, inclusive, must be
				  made on the legal counsel for the Administrator.
Added to
				  NAC by Div. of Industrial Relations by
				  R026-18A,
				  eff. 2/20/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.77756 - Types and completion of service

Current through June 11, 2024
1. Except as
				otherwise provided by a specific statute or regulation, service of any notice,
				pleading or other document required by NAC
				616B.777 to
				616B.7825, inclusive, may be
				hand-delivered or made by mail, electronic mail or facsimile.
2. Service by hand delivery shall be deemed
				complete upon the delivery of the document to the person on whom service is to
				be made as provided for in Rule 4 of the Nevada Rules of Civil Procedure.
3. Service by mail shall be deemed
				complete 3 days after the date on which the document is correctly addressed and
				mailed to the person upon whom service is to be made as provided for in Rule 5
				of the Nevada Rules of Civil Procedure.
4. Service by electronic mail shall be deemed
				complete upon the successful transmission of the electronic mail to the
				electronic mail address of:
(a) The person
				upon whom service is to be made pursuant to NAC
				616B.77751 or
				616B.77752, as applicable;
(b) The legal counsel for the
				Board or the Administrator if service is made pursuant to NAC
				616B.77754; or
(c) The Administrator or legal counsel for
				the Administrator if service is made pursuant to NAC
				616B.77755.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7775

Current through June 11, 2024
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97, eff. 8-19-99; R by
				  R026-18A,
				  eff. 2/20/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7777 - Written recommendation of Administrator; requirements

Current through June 11, 2024
1. Except as otherwise provided in subsection
				5 of NAC
				616B.7773 or paragraph (b) or
				(c) of subsection 1 of section 2 , not later than 60 days after the date on
				which a claim is served on the Administrator pursuant to NAC
				616B.7773, the Administrator
				shall :
(a) Submit to the Board a
				recommendation concerning the approval or disapproval , in whole or in part, of
				:
(1) The claim ; and
(2) Any expenses of the association related
				to the claim that the Administrator has verified pursuant to the provisions of
				NAC 616B.707; and
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7778 - Requirements for Board to authorize reimbursement from Account

Current through June 11, 2024
1. Except as otherwise provided in subsection
				2 or by specific statute or regulation, the Board may authorize reimbursement
				from the Account for the payment of benefits in the form of a lump sum if:
(a) The association meets the requirements of
				NRS
				616B.578;
(b) The compensation paid or to be paid was
				due;
(c) A lump-sum payment is
				reasonable, is in the best interest of the injured employee and will eliminate
				any contingent future liability against the Account; and
(d) The lump-sum payment:
(1) If the payment is being made for a
				permanent partial disability, meets the requirements of
				NRS
				616C.495; or
(2) If the payment is being made for
				vocational rehabilitation services, meets the requirements of
				NRS
				616C.590 or
				616C.595.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.77785 - Procedures for reimbursement from Account for certain compensation paid by annuities purchased by association to injured employee

Current through June 11, 2024
1. An
				association that purchases an annuity to satisfy the payment of a claim that is
				filed with the association pursuant to chapters 616A to 617, inclusive, of NRS
				may submit a claim for reimbursement from the Account in accordance with NAC
				616B.777 to
				616B.7825, inclusive .
2. The association may submit, as provided in
				subsection 3, a claim for reimbursement for the amount of compensation that the
				annuity paid to the injured employee for whom the annuity was
				purchased.
3. The association may
				submit a claim for reimbursement annually on the anniversary date of the
				purchase of the annuity or more frequently with good cause shown.
4. The Board will not approve or pay a claim
				for reimbursement for the cost of an annuity submitted pursuant to this section
				for:
(a) Any amounts which exceed the lesser
				of:
(1) The price of the annuity; or
(2) The aggregate amount of compensation that
				the injured employee has been paid from the annuity;
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7779 - Request for hearing

Current through June 11, 2024
1. If the Board
				initially disapproves, in whole or in part, a claim or any of the expenses
				related to the claim, the association that submitted the claim may request a
				hearing before the Board by filing a written request with the Board's legal
				counsel within 30 days after the Board's legal counsel notifies the association
				of the decision of the Board.
2.
				The Board will conduct the hearing within 45 days after the request for a
				hearing is filed with the Board's legal counsel unless the Board grants a
				continuance. The Board may grant a continuance upon its own motion or, pursuant
				to subsection 6, upon the request of the Administrator or the association that
				submitted the claim.
3. The Board
				will conduct the hearing pursuant to the provisions of chapter 233B of NRS that
				relate to contested cases and, if practicable, the Board will apply the rules
				of procedure and evidence that apply to the district courts of this State. In
				such a hearing, the Board is not bound by its initial disapproval, in whole or
				in part, of a claim or any of the expenses related to the claim.
4. Any objection to the conduct of the
				hearing, including, without limitation, an objection to the introduction of
				evidence, must be addressed to the Chair of the Board who, in consultation with
				the other members of the Board and the legal counsel for the Board, will rule
				upon the objection. If any evidence is excluded from the record, the party who
				is offering the evidence may make an offer of proof to the Chair of the Board.
				Such an offer of proof must be included in the record.
5. The Board will direct that an audio
				recording of the hearing be made, unless the Board on its own motion requires
				that a court reporter record the hearing or the association requests in advance
				that the Board provide a court reporter for the hearing and the Board approves
				the request. If the Board provides a court reporter for the hearing upon the
				request of the association, the association shall pay all costs related to the
				services of the court reporter and all costs that are necessary to provide the
				Board with a copy of the transcript of the hearing.
6. A request for a continuance by the
				Administrator or an association must:
(a) Be
				in writing;
(b) State the reasons
				supporting the request;
(c) Include
				a statement of any extensions of time or continuances previously
				granted;
(d) Not be made for the
				reason of delay and include a statement to that effect;
(e) Be filed by service upon the Board not
				later than 3 days before the date of the hearing unless extraordinary
				circumstances are shown or the Board finds that excusable neglect exists;
				and
(f) Be served upon each other
				party to the hearing upon filing with the Board.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7781

Current through June 11, 2024
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97, eff. 8-19-99; R by
				  R026-18A,
				  eff. 2/20/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7783

Current through June 11, 2024
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97, eff. 8-19-99; R by
				  R026-18A,
				  eff. 2/20/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7785

Current through June 11, 2024
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97, eff. 8-19-99; R by
				  R026-18A,
				  eff. 2/20/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7787

Current through June 11, 2024
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97, eff. 8-19-99; R by
				  R026-18A,
				  eff. 2/20/2020
NRS
				  616B.572,
				  616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7788 - Representation by legal counsel

Current through June 11, 2024
At any meeting or hearing conducted by the Board:
1. The Administrator and the Board may be
				represented by legal counsel; and
2. An association that is authorized to
				appear before the Board may be represented by a representative of its choice,
				but the association remains the real party in interest during all
				proceedings.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97, eff. 8-19-99
NRS
					 616B.572,
					 616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7789 - Withdrawal from proceeding by member of Board

Current through June 11, 2024
A member of the Board may withdraw from participating in a
				  proceeding before the Board whenever the member considers himself or herself to
				  be disqualified.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97, eff. 8-19-99
NRS
					 616B.572,
					 616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.779 - Claims barred when association fails to pay assessment or penalty

Current through June 11, 2024
If an association fails to pay any portion of an assessment
				  or penalty which is related to administration of the Account and which has been
				  assessed against the association pursuant to the provisions of this chapter,
				  the association may not submit a claim to the Board, have a claim considered by
				  the Board or receive payment for any claim that has been approved by the Board
				  until the association pays the unpaid assessment or penalty in
				  full.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97, eff. 8-19-99
NRS
					 616B.572,
					 616B.575,
					 616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.782 - Petition to adopt, amend or repeal regulation governing administration of Account.

Current through June 11, 2024
1. A petition may
				be filed with the Board requesting that the Board adopt, amend or repeal a
				regulation governing the administration of the Account. Such a petition must
				include, without limitation:
(a) The name and
				mailing address of the petitioner;
(b) A clear and concise statement of the
				regulation to be adopted, amended or repealed;
(c) The reason for the adoption, amendment or
				repeal of the regulation; and
(d)
				The statutory authority for the adoption, amendment or repeal of the
				regulation.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7772 - "Written records" interpreted; establishment of knowledge of preexisting permanent physical impairment of injured employee

Current through June 11, 2024
1. Except as otherwise provided in subsection
				2, as used in NRS
				616B.557, the Board interprets the term
				"written records" to include:
(a) Any written
				documentation kept by the self-insured employer in the ordinary course of
				business:
(1) Contemporaneously with the
				hiring of the injured employee.
(2) During the continued employment of the
				injured employee and before the date of the subsequent injury.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › Submission and Review of Claims › Section 616B.7825 - Petition for declaratory order or advisory opinion

Current through June 11, 2024
1.
				Except as otherwise provided in subsection 10, an interested person may
				petition the Board for the issuance of a declaratory order or advisory opinion
				concerning the applicability of a statute, regulation or decision of the Board.
				Such a petition must include, without limitation:
(a) The name and mailing address of the
				petitioner;
(b) The reason for the
				petition and a statement of the facts and law supporting the petition;
				and
(c) A clear and concise
				statement of the question to be decided by the Board and the relief sought by
				the petitioner.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › LIABILITY FOR PROVISION OF COVERAGE › Contractors, Sole Proprietors and Corporate Officers › Section 616B.780 - Establishment of employer-employee relationship; liability of principal contractor for premiums (Repealed)

Current through June 11, 2024
Added to NAC by Div.
				  of Industrial Relations by R112-98, 12-18-98, eff. 7-1-99; R by
				  R130-14,
				  eff. 9/9/2016
NRS
					 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › LIABILITY FOR PROVISION OF COVERAGE › Contractors, Sole Proprietors and Corporate Officers › Section 616B.786 - Coverage of sole proprietor acting as subcontractor or principal contractor (Repealed)

Current through June 11, 2024
Added to NAC by Div.
				  of Industrial Relations by R112-98, 12-18-98, eff. 7-1-99; R by
				  R130-14,
				  eff. 9/9/2016
NRS
					 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › LIABILITY FOR PROVISION OF COVERAGE › Contractors, Sole Proprietors and Corporate Officers › Section 616B.789 - Use of wages in determining premium and disability compensation; liability of principal contractor for premiums (Repealed)

Current through June 11, 2024
Added to NAC by Div.
				  of Industrial Relations by R112-98, 12-18-98, eff. 7-1-99; R by
				  R130-14,
				  eff. 9/9/2016
NRS
					 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › LIABILITY FOR PROVISION OF COVERAGE › Contractors, Sole Proprietors and Corporate Officers › Section 616B.792 - Coverage of sole proprietor seeking to obtain or fulfill contract with State (Repealed)

Current through June 11, 2024
Added to NAC by Div.
				  of Industrial Relations by R112-98, 12-18-98, eff. 7-1-99; R by
				  R130-14,
				  eff. 9/9/2016
NRS
					 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › LIABILITY FOR PROVISION OF COVERAGE › Contractors, Sole Proprietors and Corporate Officers › Section 616B.795 - Coverage of corporate officers (Repealed)

Current through June 11, 2024
Added to NAC by Div.
				  of Industrial Relations by R112-98, 12-18-98, eff. 7-1-99; R by
				  R130-14,
				  eff. 9/9/2016
NRS
					 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › LIABILITY FOR PROVISION OF COVERAGE › Contractors, Sole Proprietors and Corporate Officers › Section 616B.796 - Certain provisions not applicable to coverage of corporate officer (Repealed)

Current through June 11, 2024
Added to NAC by Div.
				  of Industrial Relations by R112-98, 12-18-98, eff. 7-1-99; R by
				  R130-14,
				  eff. 9/9/2016
NRS
					 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › LIABILITY FOR PROVISION OF COVERAGE › Election by Employer of Excluded Persons › Section 616B.800 - Coverage for excluded employees (Repealed)

Current through June 11, 2024
Added to NAC by Div.
				  of Industrial Relations by R112-98, 12-18-98; A by R112-98, 12-18-98, eff.
				  7-1-99; R105-00, 1-18-2001, eff. 3-1-2001; R by
				  R130-14,
				  eff. 9/9/2016
NRS
					 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › LIABILITY FOR PROVISION OF COVERAGE › Election by Employer of Excluded Persons › Section 616B.809 - Elected coverage for sole proprietors (Repealed)

Current through June 11, 2024
Added to NAC by Div.
				  of Industrial Relations by R112-98, 12-18-98, eff. 7-1-99; A by R105-00,
				  1-18-2001, eff. 3-1-2001; R by
				  R130-14,
				  eff. 9/9/2016
NRS
					 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › LIABILITY FOR PROVISION OF COVERAGE › Election by Employer of Excluded Persons › Section 616B.810 - Elected coverage for real estate broker, broker-salesperson or salesperson (Repealed)

Current through June 11, 2024
Added to NAC by Div.
				  of Industrial Relations by R112-98, 12-18-98, eff. 7-1-99; R by
				  R130-14,
				  eff. 9/9/2016
NRS
					 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › LIABILITY FOR PROVISION OF COVERAGE › Election by Employer of Excluded Persons › Section 616B.812 - Application for coverage of volunteers (Repealed)

Current through June 11, 2024
Industrial Comm'n, No.
				  7.061, eff. 6-30-82-NAC A by Div. of Industrial Insurance Regulation, 10-26-83;
				  A by Div. of Industrial Relations by R112-98, 12-18-98; R112-98, 12-18-98, eff.
				  7-1-99; R by
				  R130-14,
				  eff. 9/9/2016
NRS
					 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › LIABILITY FOR PROVISION OF COVERAGE › Election by Employer of Excluded Persons › Section 616B.815 - Coverage for volunteers: Effective date; classifications; payroll to be reported (Repealed)

Current through June 11, 2024
Industrial Comm'n,
				  Nos. 7.071-7.091, eff. 6-30-82-NAC A by Div. of Industrial Insurance
				  Regulation, 10-26-83; A by Div. of Industrial Relations by R112-98, 12-18-98;
				  R112-98, 12-18-98, eff. 7-1-99; R by
				  R130-14,
				  eff. 9/9/2016
NRS
					 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › LIABILITY FOR PROVISION OF COVERAGE › Election by Employer of Excluded Persons › Section 616B.818 - Termination of coverage for volunteers (Repealed)

Current through June 11, 2024
Added to NAC by Div.
				  of Industrial Relations by R112-98, 12-18-98, eff. 7-1-99; R by
				  R130-14,
				  eff. 9/9/2016
NRS
					 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › CONSOLIDATED INSURANCE PROGRAMS › Section 616B.911 - Contents of contract to provide insurance for program

Current through June 11, 2024
Each contract for the provision of industrial insurance
				coverage for a consolidated insurance program that must be filed with the
				Commissioner pursuant to
				NRS
				616B.712 must, in addition to the elements
				required by
				NRS
				616B.720, include or be accompanied
				by:
1. A statement of the estimated
			 total cost of the construction project that itemizes how much of that cost is
			 attributable to:
(a) Constructing the
			 project;
(b) Designing the
			 project;
(c) Acquiring the real
			 property on which the project will be constructed;
(d) Connecting the project to
			 utilities;
(e) Excavating and
			 carrying out underground improvements for the project; and
(f) Acquiring equipment and furnishings for
			 the project.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › CONSOLIDATED INSURANCE PROGRAMS › Section 616B.915 - Submission of new information to Commissioner upon change of information in contract

Current through June 11, 2024
If a change occurs to any of the information specified in NAC
				616B.911, the private company, public entity or utility that filed the contract
				with the Commissioner shall submit the new information to the Commissioner
				within 14 calendar days after the change occurs.
Added to NAC by Comm'r
				of Insurance by R138-99, eff. 1-27-2000
NRS 616B.737
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › CONSOLIDATED INSURANCE PROGRAMS › Section 616B.917 - Determination of loss experience

Current through June 11, 2024
If an owner or principal contractor establishes and administers
				a consolidated insurance program pursuant to
				NRS
				616B.710, each employee of a contractor or
				subcontractor who is covered under the consolidated insurance program:
1. If the consolidated insurance program is
			 established before July 1, 2007, shall be deemed to be an employee of the owner
			 or principal contractor for the purpose of determining the loss experience of
			 the owner or principal contractor.
2. If the consolidated insurance program is
			 established on or after July 1, 2007:
(a) Is
			 an employee of the contractor or subcontractor for the purpose of determining
			 the loss experience of the contractor or subcontractor.
(b) Shall not be deemed to be an employee of
			 the owner or principal contractor for the purpose of determining the loss
			 experience of the owner or principal contractor.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.922 - Scope

Current through June 11, 2024
The provisions of NAC 616B.922 to 616B.948, inclusive, apply
				only to an offender who is injured or killed in the course and scope of his or
				her employment in a work program directed by the administrator of a county
				jail, city jail or other local detention facility and only if the administrator
				of the jail or other detention facility has provided and secured coverage from
				an insurer under the modified program of industrial insurance pursuant to
				NRS
				616B.029. The program does not
				include:
1. Coverage for an injury
			 that occurred before the offender was confined at a county jail, city jail or
			 other local detention facility.
2.
			 Any service or benefit for vocational rehabilitation.
Added to NAC by Div. of
				Industrial Relations by R209-97, eff. 4-17-98
NRS
				  616B.029
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.924 - Applicability of statutes and other regulations

Current through June 11, 2024
Except as otherwise provided in NAC 616B.922, the provisions of
				chapters 616A to 617, inclusive, of NRS and chapters 616A to 617, inclusive, of
				NAC apply to any offender confined at a county jail, city jail or other local
				detention facility and engaged in employment in a work program to the extent
				that those provisions do not conflict with NAC 616B.922 to 616B.948,
				inclusive.
Added to NAC by Div. of
				Industrial Relations by R209-97, eff. 4-17-98
NRS
				  616B.029
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.926 - "Wages" defined

Current through June 11, 2024
In the case of an offender confined at a county jail, city jail
				or other local detention facility who is injured or killed in the course and
				scope of his or her employment in the work program, the term "wages":
1. Includes only the money he or she earns in
			 the work program before any deductions are made from those earnings.
2. Does not include:
(a) The value of room and board, medical care
			 or other goods or services provided by the county jail, city jail or other
			 local detention facility;
(b) The
			 value of good time earned towards reducing the sentence of the offender;
			 or
(c) Income from any source other
			 than the work program.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.928 - Statement of rights and duties of offenders

Current through June 11, 2024
The administrator of the county jail, city jail or other local
				detention facility or a designated agent thereof shall:
1. Adopt a written statement of the rights
			 and duties of an offender pursuant to the provisions of NAC 616B.922 to
			 616B.948, inclusive. The statement must include the procedures and time limits
			 that the offender must follow when filing for benefits.
2. Give a copy of the statement to each
			 offender confined at a county jail, city jail or other local detention facility
			 before the offender's first assignment to work.
3. Post a copy of the statement in a
			 conspicuous place of an area, to which the offender has access, in the county
			 jail, city jail or other local detention facility where the offender is
			 incarcerated.
Added to NAC by Div. of
				Industrial Relations by R209-97, eff. 4-17-98
NRS
				  616B.029