reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.313 - Hearings: Requirements for attorney appearing as counsel; conduct

Current through June 11, 2024
1. An attorney appearing as counsel in any
				proceeding before the Division must be admitted to practice and in good
				standing before the highest court of any state. Except as otherwise ordered by
				the hearing officer, an attorney who is not admitted and entitled to practice
				before the Supreme Court of Nevada must be associated with an attorney so
				admitted and entitled to practice.
2. An attorney's appearance as counsel in a
				proceeding shall be deemed to constitute his or her representation that the
				attorney will conduct himself or herself in accordance with the requirements of
				NAC 679B.351.
Added to NAC by Comm'r
				  of Insurance, eff. 12-15-94
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.315 - Hearings: Withdrawal of appearance of attorney of record

Current through June 11, 2024
1. No attorney of record in a contested
				proceeding before the Division may withdraw his or her appearance in the
				proceeding except by order of the hearing officer. To obtain such an order, an
				attorney must:
(a) File with the hearing
				officer a motion to withdraw, which sets forth the reasons for his or her
				request; and
(b) Serve the motion
				to withdraw to all parties, including the party the attorney
				represents.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.321 - Hearings: Failure of certain parties to appear

Current through June 11, 2024
1. If a
				party requesting a hearing fails to appear at the time and place set for the
				hearing, the hearing officer may, if satisfied that the party has received
				appropriate notice of the hearing pursuant to
				NRS 679B.320:
(a) Proceed with the hearing without the
				party;
(b) Dismiss the proceeding
				with or without prejudice; or
(c)
				Recess the hearing to a time set by the hearing officer to enable the party to
				attend.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.331 - Conferences at hearing

Current through June 11, 2024
In any proceeding the hearing officer may call all parties
				  together for a conference before the taking of testimony, or may recess the
				  hearing for a conference for the purpose of securing just, speedy and
				  economical determination of all issues. The hearing officer shall state on the
				  record the results of the conference.
Comm'r of Insurance,
				  M-1 § 20, eff. 5-13-72-Substituted in revision for NAC
				  679B.340
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.341 - Hearings: Transcription

Current through June 11, 2024
Any party wishing to receive a transcribed copy of the record
				  pursuant to
				  NRS
				  679B.330 must request it in writing at least
				  5 days before the date set for the prehearing, hearing or rehearing.
Comm'r of Insurance,
				  M-1 § 22, eff. 5-13-72-NAC A 11-21-88
NRS
					 679B.130,
					 679B.310,
					 679B.330
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.351 - Hearings: Conduct required

Current through June 11, 2024
1. All parties to a
				hearing, their counsel and spectators shall conduct themselves in a respectful
				manner.
2. Attorneys representing
				parties in a proceeding shall conduct themselves in accordance with the rules
				of professional conduct adopted by the Supreme Court of Nevada.
3. If the Commissioner has reason to believe
				that a party or his or her counsel has violated
				NRS
				239.300,
				239.310
				or
				239.330
				when inspecting or copying any public records of the Division, the Commissioner
				will refer the matter, with all relevant information, to the Attorney
				General.
Comm'r of Insurance,
				  M-1 § 28, eff. 5-13-72-NAC A 12-15-94
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.353 - Hearings: Misconduct of attorney

Current through June 11, 2024
1. If counsel for a
				party engages in any contumacious conduct at a hearing and repeatedly
				disregards admonishments by the hearing officer to cease that conduct, the
				hearing officer may:
(a) Order the exclusion
				of the counsel who engaged in that conduct from any further appearances in the
				proceeding; and
(b) Continue the
				hearing for a reasonable period, not to exceed 30 days, to enable the party
				whose counsel has been excluded to obtain substitute counsel.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.361 - Hearings: Former representatives of Division

Current through June 11, 2024
1. No
				former employee of the Division or member of the Attorney General's staff may
				appear in a representative capacity on behalf of other parties in a proceeding
				in which he or she previously took an active part as a representative of the
				Division except with the written permission of the Commissioner.
2. No former employee of the Division may
				appear as an expert witness on behalf of other parties in a proceeding in which
				he or she previously took an active part in investigation or preparation as a
				representative of the Division except with the written permission of the
				Commissioner.
Comm'r of Insurance,
				  M-1 § 29, eff. 5-13-72-NAC A 11-21-88;
				  5-27-92
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.371 - Hearings: Affidavits

Current through June 11, 2024
1. The affidavit of
				any person may be admitted in evidence if all parties consent to its
				admission.
2. All parties intending
				to offer an affidavit must serve the Division and all other parties with a copy
				of the affidavit. Except as otherwise provided in this subsection, the service
				must be made not less than 12 calendar days before the hearing and is effective
				upon mailing. If mailed, 3 days will be added to the period within which
				service must be made. The mailing of an affidavit to the address of record of a
				party which is on file with the Division shall be deemed proper
				service.
3. Failure to object to
				the use of an affidavit shall be deemed to be consent to its use. Except as
				otherwise provided in this subsection, an objection to the use of a proposed
				affidavit must be served upon each party not less than 6 calendar days before
				the hearing. Service is effective upon mailing. If service is mailed, 3 days
				will be added to the period within which service must be made. No party may
				object to the use of an affidavit which has no relevancy to the
				party.
4. Extensions of the
				deadlines prescribed in this section may be granted by the hearing officer if
				good cause is shown.
Comm'r of Insurance,
				  M-1 § 35, eff. 5-13-72-NAC A 11-21-88;
				  5-27-92
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.381 - Hearings: Documentary exhibits

Current through June 11, 2024
1. Before a
				documentary exhibit may be introduced at a hearing, a copy of the exhibit must
				be furnished to each party.
2. In a
				proceeding involving detailed or voluminous exhibits, the hearing officer may
				require each party to file, and to serve to each other party, a copy of the
				exhibits within a specified time before the hearing. An amendment to an exhibit
				may be made after the exhibit has been filed, if the amendment does not
				prejudice the rights of any party or corrects a clerical or mathematical
				error.
Added to NAC by Comm'r
				  of Insurance, eff. 12-15-94
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.390 - Hearings: Official notice

Current through June 11, 2024
The hearing officer may take official notice of:
1. Rules, regulations, official reports,
				decisions and orders of any regulatory agency of the State of Nevada or any
				court of law.
2. Contents of
				decisions, orders, certificates, licenses and records maintained or issued by
				the Division.
Comm'r of Insurance,
				  M-1 § 37, eff. 5-13-72-NAC A 11-21-88;
				  5-27-92
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.400 - Briefs

Current through June 11, 2024
In any hearing, the hearing officer may order briefs filed
				  within a period which expires not less than 20 days after the date of the
				  order. Two copies of each brief must be filed, together with an acknowledgment
				  of or an affidavit showing service on all other parties of record.
Comm'r of Insurance,
				  M-1 § 39, eff. 5-13-72-NAC A 11-21-88;
				  12-15-94
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.411 - Hearings: Orders

Current through June 11, 2024
1. The hearing
				officer shall file a copy of his or her order with the Division. The copy must
				be kept available for public inspection.
2. If the hearing officer is not the
				Commissioner, the Commissioner will indicate on the order his or her
				concurrence or disagreement with the order of the hearing officer.
Comm'r of Insurance,
				  M-1 § 41, eff. 5-13-72-NAC A 11-21-88;
				  5-27-92
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.413 - Filing of answer to contest complaint or order to show cause

Current through June 11, 2024
1. A party who desires to contest a complaint
				or order to show cause may file an answer.
2. An answer must:
(a) Be in writing;
(b) Be filed within 20 days after receipt of
				service of the complaint or order to show cause, unless otherwise ordered by
				the hearing officer;
(c)
				Specifically admit or deny each material allegation in the complaint or order
				to show cause; and
(d) State any
				new matter constituting a defense. Matters alleged by way of an affirmative
				defense must be separately stated and numbered.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.415 - Hearings: Motions and responses to motions

Current through June 11, 2024
1. A
				request for an order by the hearing officer, except for an order to permit
				intervention or an order to show cause, concerning any matter that has not been
				finally decided by the hearing officer must be styled a "motion."
2. Any party against whom a motion is
				directed, including any person who filed a petition for intervention before the
				motion was filed and served, may file a response to the motion.
3. Except as otherwise provided in subsection
				4:
(a) A motion or response to a motion must:
(1) Be made in writing; and
(2) Include citations of any authorities upon
				which it relies.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.421 - Rehearing

Current through June 11, 2024
1. The hearing officer may, upon motion made
				within 10 days after service of a decision and order and before a petition for
				judicial review has been filed, order a rehearing upon terms and conditions
				which he or she deems just and proper.
2. A motion for rehearing may not be granted
				except upon a showing that there is additional evidence which is material and
				necessary and reasonably calculated to change the decision, and that there was
				sufficient reason for failure to present such evidence at the
				hearing.
3. The motion must be
				supported by an affidavit of the moving party or his or her counsel showing
				with particularity the materiality and necessity of the additional evidence and
				the reason why it was not introduced at the hearing. Upon rehearing, the
				hearing officer may modify his or her decision and order as the additional
				evidence warrants.
Comm'r of Insurance,
				  M-1 § 47, eff. 5-13-72-Substituted in revision for NAC
				  679B.530
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.440 - Hearings: Review of decisions

Current through June 11, 2024
1. Any person
				seeking review, modification or reversal of any decision made by the hearing
				officer has the burden of proof in any hearing ordered for the review,
				modification or reversal. Evidence may be received in any manner ordered by the
				hearing officer, but will ordinarily be received from the parties in the
				following order:
(a) The petitioner.
(b) The staff.
(c) Interveners.
(d) The petitioner, if he or she has a
				rebuttal.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.451 - Hearings to enhance public understanding of coverages offered and encourage competition

Current through June 11, 2024
1. If the
				Commissioner holds a public hearing to carry out the provisions of
				NRS
				679B.150, the following rules of practice
				apply:
(a) The Commissioner or his or her
				designated hearing officer may receive any oral, written or documentary
				evidence concerning the subjects described in the notice of the
				hearing.
(b) No person may be
				designated as a party or an intervener.
(c) The Commissioner will give notice of such
				a hearing to:
(1) Any insurer or rate service
				organization whose name appears on the notice; and
(2) Members of the public by posting a copy
				of the notice at the Division's offices and the location of meeting.
The notice will be given pursuant to the requirements set
				  forth in subsection 3 of
				  NRS
				  679B.140.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.460 - Interveners: Petitions for leave to intervene

Current through June 11, 2024
1. A
				person who wishes to intervene in a hearing pursuant to subsection 4 of
				NRS
				679B.330 must secure an order from the
				hearing officer granting leave to intervene before he or she will be allowed to
				participate in the hearing.
2. A
				petition for leave to intervene must be in writing and must clearly identify
				the proceeding in which the petitioner seeks to intervene.
3. The petition must set forth the name and
				address of the petitioner and contain a clear and concise statement of the
				direct and immediate interest of the petitioner in the proceeding, state the
				manner in which the petitioner will be affected by the proceeding and outline
				the matters relied upon by the petitioner as a basis for his or her request to
				intervene.
4. If affirmative relief
				is sought, the petition must contain a clear and concise statement of relief
				sought and the basis thereof, together with a statement as to the nature and
				quantity of evidence the petitioner will present if the petition is
				granted.
Comm'r of Insurance,
				  M-1 § 44, eff. 5-13-72-NAC A 11-21-88
NRS
					 679B.130,
					 679B.310,
					 679B.330
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.470 - Interveners: Filing of petitions

Current through June 11, 2024
A petition to intervene and proof of service of copies
				  thereof on all other parties of record must be filed not less than 2 days
				  before commencement of the hearing. Thereafter, the petition must state a
				  substantial reason for the delay or it will not be considered.
Comm'r of Insurance,
				  M-1 § 45, eff. 5-13-72-Substituted in revision for NAC
				  679B.630
NRS
					 679B.130,
					 679B.310,
					 679B.330
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.480 - Interveners: Decision on petition

Current through June 11, 2024
1. If a petition to
				intervene shows that the petitioner has a direct and immediate pecuniary
				interest in the subject of the proceeding or any part thereof and does not
				unduly broaden the issues, the hearing officer may grant him or her leave to
				intervene or otherwise appear in the proceeding with respect to the matters set
				out in the petition, subject to such reasonable conditions as the hearing
				officer prescribes.
2. If it
				appears during the course of a proceeding that an intervener has no direct or
				immediate pecuniary interest in the proceeding and that the public interest
				does not require his or her participation, the hearing officer may dismiss the
				intervener from the proceeding.
Comm'r of Insurance,
				  M-1 § 46, eff. 5-13-72-Substituted in revision for NAC
				  679B.640
NRS
					 679B.130,
					 679B.310,
					 679B.330
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Requests for Action › Section 679B.482 - Petition for adoption, filing, amendment or repeal of regulation: Filing and contents

Current through June 11, 2024
1. A petition which
				requests the adoption, filing, amendment or repeal of a regulation of the
				Division must be filed with the Commissioner.
2. The petition must include:
(a) The name and address of the
				petitioner;
(b) A clear and concise
				statement of the regulation to be adopted, filed, amended or
				repealed;
(c) If the petition
				requests the adoption of a regulation, the full text of the proposed
				regulation;
(d) The reason for the
				adoption, filing, amendment or repeal of the regulation; and
(e) The statutory authority for the adoption,
				filing, amendment or repeal of the regulation.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Requests for Action › Section 679B.484 - Petition for adoption, filing, amendment or repeal of regulation: Prerequisites to consideration; notification of decision

Current through June 11, 2024
1. The Commissioner will not review a
				petition which requests the adoption, filing, amendment or repeal of a
				regulation unless the petition contains the information required by NAC
				679B.482.
2. The Commissioner will
				notify the petitioner in writing of his or her decision within 30 days after
				the petition is filed.
Added to NAC by Comm'r
				  of Insurance, eff. 5-27-92; A by R082-12,
				  11-1-2012
NRS
					 679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Requests for Action › Section 679B.486 - Petition for declaratory order or advisory opinion: Filing and contents; limitation

Current through June 11, 2024
1. A petition which
				requests the Commissioner to issue a declaratory order or advisory opinion must
				be filed with the Commissioner.
2.
				The petition must include:
(a) The name and
				address of the petitioner;
(b) The
				reason for requesting the order or opinion; and
(c) A clear and concise statement of the
				question to be decided by the Commissioner and the relief sought by the
				petitioner.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Requests for Action › Section 679B.488 - Petition for declaratory order or advisory opinion: Prerequisites to consideration; notice of order or opinion

Current through June 11, 2024
1. The Commissioner
				will not review a petition which requests him or her to issue a declaratory
				order or advisory opinion unless the petition contains the information required
				by NAC 679B.486.
2. The
				Commissioner will mail a copy of the order or opinion to the petitioner within
				60 days after the petition is filed.
Added to NAC by Comm'r
				  of Insurance, eff. 5-27-92; A by R082-12,
				  11-1-2012
NRS
					 679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Requests for Action › Section 679B.490 - Oral advisory opinion

Current through June 11, 2024
The Commissioner will not issue an oral advisory opinion or
				  respond over the telephone to a request for an advisory opinion. An oral
				  response or a response given over the telephone by a member of the staff of the
				  Division is not a decision or an advisory opinion of the Commissioner or
				  Division.
Added to NAC by Comm'r
				  of Insurance, eff. 5-27-92
NRS
					 679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION OF INFORMATION ON TRANSACTIONS WITH PARENT CORPORATIONS, SUBSIDIARIES AND AFFILIATES › Section 679B.501 - Definitions

Current through June 11, 2024
As used in NAC 679B.541 and 679B.551, unless the context
				otherwise requires:
1. "Health
			 insurer" means any insurance company or nonprofit medical service corporation
			 which:
(a) Issues a policy of health insurance
			 or evidence of coverage; or
(b)
			 Provides benefits of health insurance for residents of this State.
The term includes a health maintenance organization as defined
				in
				NRS 695C.030.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION OF INFORMATION ON TRANSACTIONS WITH PARENT CORPORATIONS, SUBSIDIARIES AND AFFILIATES › Section 679B.541 - Payment of less than fair market value for services or products: Filing requirements

Current through June 11, 2024
Each health insurer which pays less than fair market value for
				services or products in a transaction which is subject to the provisions of
				paragraph (i) of subsection 2 of
				NRS
				680A.320 shall file with the Commissioner, on
				or before March 31st of each year, the:
1. Certification that the reduced payment has
			 been reflected in the form of reduced premiums; and
2. Documentation supporting the
			 certification,
which are required by paragraph (i) of subsection 2 of
				NRS
				680A.320.
Added to NAC by Comm'r
				of Insurance, eff. 1-20-88; A 10-29-92
NRS
				  679B.130,
				  680A.320
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION OF INFORMATION ON TRANSACTIONS WITH PARENT CORPORATIONS, SUBSIDIARIES AND AFFILIATES › Section 679B.551 - Payment of less than fair market value for services or products: Failure to comply with filing requirements

Current through June 11, 2024
In addition to any other disciplinary action which may be taken
				by the Commissioner, the Commissioner will fine a health insurer which pays
				less than fair market value for services or products in a transaction which is
				subject to the provisions of paragraph (i) of subsection 2 of
				NRS
				680A.320 and fails to or incompletely files
				the:
1. Certification that the reduced
			 payment has been reflected in the form of reduced premiums; and
2. Documentation supporting the
			 certification,
which are required by NAC 679B.541, $100 per day until the
				filing is made or completed, but not to exceed a total of
				$2,000.
Added to NAC by Comm'r
				of Insurance, eff. 1-20-88; A 10-29-92
NRS
				  679B.130,
				  680A.320
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.560 - Definitions

Current through June 11, 2024
As used in NAC 679B.560 to 679B.750, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 679B.565 to
				679B.670, inclusive, have the meanings ascribed to them in those
				sections.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89; A 2-3-97
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.565 - "Adverse underwriting decision" defined

Current through June 11, 2024
1. "Adverse
			 underwriting decision" means any of the following actions involving insurance
			 transactions with individually underwritten insurance coverage:
(a) A declination of insurance
			 coverage.
(b) A termination of
			 insurance coverage.
(c) Failure by
			 an agent to apply for insurance coverage with a specific insurance institution
			 which the agent represents and which was requested by an applicant.
(d) For property or casualty insurance
			 coverage:
(1) Placement by an insurance
			 institution or agent of an insured person with a residual market mechanism, an
			 unauthorized insurer as described in chapter 685B of NRS or an insurance
			 institution that specializes in substandard risks; or
(2) Charging a higher rate on the basis of
			 information which differs from information obtained from the applicant or
			 policyholder.
(e) An
			 offer to insure at higher than standard rates for life, health or disability
			 insurance coverage.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.570 - "Affiliate" defined

Current through June 11, 2024
"Affiliate" means a person who controls or is controlled by one
				or more intermediaries either directly or indirectly, alone or together with
				another person.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.575 - "Applicant" defined

Current through June 11, 2024
"Applicant" means any person who wishes to contract for
				individually underwritten insurance coverage.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.580 - "Consumer report" defined

Current through June 11, 2024
"Consumer report" means any communication of information
				bearing on a natural person's credit worthiness, credit standing, credit
				capacity, character, general reputation, personal characteristics or mode of
				living which is used or expected to be used in connection with an insurance
				transaction.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.585 - "Consumer reporting agency" defined

Current through June 11, 2024
"Consumer reporting agency" means any person who regularly
				engages for a monetary fee in the practice of assembling, preparing and
				furnishing consumer reports for others by obtaining information primarily from
				sources other than insurance institutions.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.590 - "Control" defined

Current through June 11, 2024
"Control" means the direct or indirect ability to influence the
				management and policies of a person, whether through ownership of voting
				securities or a contract. The term does not include influence resulting from an
				official position or corporate office held by the person or from a commercial
				contract for goods or nonmanagement services.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.595 - "Declination of insurance coverage" defined

Current through June 11, 2024
"Declination of insurance coverage" means a denial of requested
				insurance coverage, in whole or in part, by an insurance institution or
				agent.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.598 - "Health insurance" defined

Current through June 11, 2024
"Health insurance" includes the coverage provided by a prepaid
				limited health service organization.
Added to NAC by Comm'r
				of Insurance, eff. 2-3-97
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.600 - "Institutional source" defined

Current through June 11, 2024
"Institutional source" means any person or governmental entity
				that provides information about a natural person to an agent, insurance
				institution or insurance-support organization, other than:
1. An agent;
2. The natural person who is the subject of
			 the information; or
3. A natural
			 person acting in a personal capacity rather than in a business or professional
			 capacity.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.605 - "Insurance institution" defined

Current through June 11, 2024
"Insurance institution" means any person engaged in the
				business of insurance as governed by title 57 of NRS. The term does not include
				agents or insurance-support organizations.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.611 - "Insurance-support organization" defined

Current through June 11, 2024
"Insurance-support organization" means any person who regularly
				engages in the practice of assembling or collecting information about natural
				persons for the primary purpose of providing the information to an insurance
				institution or agent for insurance transactions, including:
1. The furnishing of consumer reports or
			 investigative consumer reports to an insurance institution or agent for use in
			 connection with an insurance transaction; or
2. The collection of personal information
			 from insurance institutions, agents or other insurance-support organizations to
			 detect or prevent fraud, material misrepresentation or material nondisclosure
			 in connection with insurance underwriting or insurance claim activity.
The term does not include agents, governmental institutions,
				insurance institutions, medical care institutions and medical
				professionals.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.615 - "Insurance transaction" defined

Current through June 11, 2024
"Insurance transaction" means any transaction involving
				insurance primarily for personal, family or household needs or any group health
				policy that involves:
1. The
			 determination of a natural person's eligibility for insurance coverage, a
			 benefit or a payment; or
2. The
			 servicing of an insurance application, policy, contract or certificate.
The term does not include insurance transactions made for
				business or professional needs.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.621 - "Investigative consumer report" defined

Current through June 11, 2024
"Investigative consumer report" means a report in which
				information about a natural person's character, general reputation, personal
				characteristics or mode of living is obtained through personal interviews with
				the natural person's neighbors, friends, associates, acquaintances or others
				who may have relevant information.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.625 - "Medical care institution" defined

Current through June 11, 2024
"Medical care institution" means any facility or institution
				licensed to provide health care services to natural persons.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.631 - "Medical professional" defined

Current through June 11, 2024
"Medical professional" means any person licensed or certified
				to provide health care services to natural persons.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.635 - "Medical record information" defined

Current through June 11, 2024
"Medical record information" means personal information
				which:
1. Relates to a natural
			 person's physical or mental condition, medical history or medical treatment;
			 and
2. Is obtained from a medical
			 professional, medical care institution, the natural person, or from the natural
			 person's spouse, parent or legal guardian.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.641 - "Natural person" defined

Current through June 11, 2024
"Natural person" means any natural person who:
1. In the case of property or casualty
			 insurance, is a past, present or proposed named insured or certificate
			 holder;
2. In the case of life,
			 health or disability insurance, is a past, present or proposed principal
			 insured or certificate holder;
3.
			 Is a past, present or proposed policy owner;
4. Is a past or present applicant;
5. Is a past or present claimant;
			 or
6. Held, holds or proposes to
			 hold insurance coverage under an insurance policy or certificate subject to NAC
			 679B.560 to 679B.750, inclusive.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.650 - "Personal information" defined

Current through June 11, 2024
1. "Personal
			 information" means any identifiable piece of information gathered in connection
			 with an insurance transaction from which judgments can be made about a natural
			 person's character, habits, avocations, finances, occupations, general
			 reputation, credit, health or any other personal characteristics including,
			 without limitation, his or her name, address and medical record
			 information.
2. The term does not
			 include:
(a) Privileged information;
			 or
(b) Nonpublic personal financial
			 information, as that term is defined in NAC 679B.828.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.655 - "Policyholder" defined

Current through June 11, 2024
"Policyholder" means any person who in the case of:
1. Individual property or casualty insurance,
			 is a present named insured;
2.
			 Individual life, health or disability insurance, is a present policy owner;
			 or
3. Group insurance which is
			 individually underwritten, is a present certificate holder in the group
			 insurance plan.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.660 - "Pretext interview" defined

Current through June 11, 2024
"Pretext interview" means an interview whereby a person, in an
				attempt to obtain information about a natural person:
1. Pretends to be someone he or she is
			 not;
2. Pretends to represent a
			 person he or she is not in fact representing;
3. Misrepresents the true purpose of the
			 interview; or
4. Refuses to
			 identify himself or herself upon request.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.665 - "Privileged information" defined

Current through June 11, 2024
"Privileged information" means any identifiable piece of
				information that relates to and is collected in connection with or in
				reasonable anticipation of a claim for insurance benefits or a civil or
				criminal proceeding involving a natural person. Privileged information will be
				considered personal information if it is disclosed in violation of NAC
				679B.730.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.670 - "Termination of insurance coverage" defined

Current through June 11, 2024
"Termination of insurance coverage" means a cancellation or
				nonrenewal of an insurance policy, in whole or in part, for any reason other
				than the failure to pay a premium as required by the policy.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.675 - Applicability

Current through June 11, 2024
1. Except as otherwise provided in this
			 section and NAC 679B.800 to 679B.878, inclusive, NAC 679B.560 to 679B.750,
			 inclusive, apply to insurance institutions, agents or insurance support
			 organizations which:
(a) In the case of life,
			 health and disability insurance:
(1) Collect,
			 receive or maintain information in connection with insurance transactions
			 involving natural persons who are residents of this State; or
(2) Engage in insurance transactions with
			 applicants, natural persons or policyholders who are residents of this State;
			 or
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.680 - Use of pretext interviews

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, no insurance institution, agent or
			 insurance-support organization may use or authorize the use of pretext
			 interviews to obtain information in connection with an insurance
			 transaction.
2. A pretext interview
			 may be undertaken to obtain information from a person or institution that does
			 not have a generally or statutorily recognized privileged relationship with the
			 natural person about whom the information relates for the purpose of
			 investigating a claim where, based upon scientific information available for
			 review by the Commissioner, there is a reasonable basis for suspecting criminal
			 activity, fraud, material misrepresentation or material nondisclosure in
			 connection with the claim.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.685 - Notice of practices for gathering information; retention and disclosure of certain information

Current through June 11, 2024
1. An insurance
			 institution or agent shall provide a notice explaining its practices for
			 gathering information to all applicants and policyholders in connection with
			 insurance transactions pursuant to the following standards:
(a) In the case of an application for
			 insurance, the notice must be provided no later than:
(1) The date on which the insurance policy or
			 certificate is delivered when personal information is collected only from the
			 applicant or from public records; or
(2) The commencement of collecting personal
			 information from a source other than the applicant or public records.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.690 - Specification of questions for marketing or research

Current through June 11, 2024
An insurance institution or agent shall specify which questions
				of those directed toward a natural person in connection with an insurance
				transaction are designed to obtain information solely for marketing or research
				purposes.
Added to NAC by Comm'r
				of Insurance, 10-4-88, eff. 1-1-89
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.695 - Contents of form to authorize disclosure

Current through June 11, 2024
No insurance institution, agent or insurance-support
				organization may use as its disclosure authorization form for use in connection
				with an insurance transaction a form or statement which authorizes the
				disclosure of personal or privileged information about a natural person to the
				insurance institution, agent or insurance-support organization unless the form
				or statement:
1. Is written in plain
			 language;
2. Is dated;
3. Specifies who may disclose information
			 about the natural person;
4.
			 Specifies the nature of the information authorized to be disclosed;
5. Names the insurance institution or
			 agent;
6. Identifies by generic
			 reference representatives of the insurance institution to whom the natural
			 person is authorizing information to be disclosed;
7. Specifies the purposes for which the
			 information is collected;
8.
			 Specifies the length of time the authorization will remain valid, which must be
			 no longer than:
(a) In the case of
			 authorizations signed to collect information in connection with an application
			 for an insurance policy, the reinstatement of a policy or a request for change
			 in policy benefits:
(1) Thirty months from the
			 date the authorization is signed if the application or request involves life,
			 health or disability insurance; or
(2) One year from the date the authorization
			 is signed if the application or request involves property or casualty
			 insurance; or
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.700 - Preparation of investigative consumer report; personal interview

Current through June 11, 2024
1. No insurance institution, agent or
			 insurance-support organization may prepare or request an investigative consumer
			 report about a natural person in connection with an insurance transaction
			 involving an application for insurance, the renewal of a policy, the
			 reinstatement of a policy or a change in insurance benefits unless the
			 insurance institution or agent informs the natural person that:
(a) The natural person may request to be
			 interviewed in connection with the preparation of the investigative consumer
			 report; and
(b) Upon a request the
			 natural person is entitled to receive a copy of the investigative consumer
			 report.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.705 - Access to recorded personal information

Current through June 11, 2024
1. If any
			 natural person, after providing proper identification, submits a request in
			 writing to an insurance institution, agent or insurance-support organization
			 for access to recorded personal information about the natural person which is
			 reasonably described by the natural person and can be reasonably located and
			 retrieved by the insurance institution, agent or insurance-support
			 organization, the insurance institution, agent or insurance-support
			 organization shall within 30 business days after the date the request is
			 received:
(a) Inform the natural person of
			 the nature and substance of the recorded personal information in writing, by
			 telephone or by other oral communication, whichever the insurance institution,
			 agent or insurance-support organization prefers.
(b) Permit the natural person to see and
			 copy, in person, recorded personal information pertaining to him or her or to
			 obtain a copy of the recorded personal information by mail, whichever the
			 natural person prefers. If the recorded personal information is in coded form,
			 an accurate translation in plain language must be provided in
			 writing.
(c) Disclose to the
			 natural person the identity, if recorded, of those persons to whom the
			 insurance institution, agent or insurance-support organization has disclosed
			 the personal information within the preceding 2 years before receiving the
			 request, and if the identity is not recorded, the names of those insurance
			 institutions, agents, insurance-support organizations or other persons to whom
			 the information is normally disclosed.
(d) Provide the natural person with a summary
			 of the procedures by which he or she may request a correction, amendment or
			 deletion of the recorded personal information.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.710 - Correction, amendment or deletion of recorded personal information

Current through June 11, 2024
1. Within 30 business days after the postmark
			 on a written request from a natural person to correct, amend or delete any
			 recorded personal information about him or her within its possession, an
			 insurance institution, agent or insurance-support organization shall:
(a) Correct, amend or delete the portion of
			 the recorded personal information in dispute; or
(b) Notify the natural person of:
(1) Its refusal to make the correction,
			 amendment or deletion;
(2) The
			 reasons for the refusal; and
(3)
			 The natural person's right to file a statement as provided in subsection
			 3.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › COLLECTION, USE AND DISCLOSURE OF INFORMATION ON TRANSACTIONS OF INSURANCE › Section 679B.715 - Notification of reasons for adverse underwriting decision; summary of rights

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 4, if an adverse underwriting decision occurs, the insurance institution or
			 agent responsible for the decision shall:
(a)
			 Provide the applicant, policyholder or natural person proposed for coverage
			 with the specific reason or reasons for the adverse underwriting decision in
			 writing or advise him or her that, upon submitting a request in writing, he or
			 she may receive the specific reason or reasons in writing; and
(b) Provide the applicant, policyholder or
			 natural person proposed for coverage with a summary of the rights established
			 under subsection 2 and NAC 679B.705 and 679B.710.