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Nevada Administrative Code › Chapter 678 - Credit Unions › Section 678.210 - Retention of records

Current through June 11, 2024
1. Except as otherwise provided in this section, a credit union may destroy a record 1 year after the date on which the record is created.
2. A credit union shall retain permanently the following records:
(a) The charter and bylaws of the credit union, and any amendments thereto;
(b) Proof of each license to operate as a financial institution granted to the credit union pursuant to federal law or the law of any state, including, without limitation, a certificate to act as an issuing agent for the sale of United States Savings Bonds; and
(c) Records of the operation of the credit union, including, without limitation:
(1) Minutes of all meetings of the members, board of directors, credit committee and audit committee;
(2) A copy of each financial report required pursuant to NAC 678.110 or an equivalent form filed by the credit union;
(3) A copy of each comprehensive annual audit of the audit committee and each accompanying report and attachment;
(4) Records of account verification of the audit committee;
(5) Applications for membership and account agreements of members;
(6) A copy of each periodic statement of members and individual share and loan ledgers, including, without limitation, a complete record of all accounts of members; and
(7) A list of all records that are destroyed pursuant to subsection 1.
Nevada Administrative Code › Chapter 678 - Credit Unions › Section 678.220 - Failure to respond to complaint; confidentiality of complaint and certain related information

Current through June 11, 2024
1. If a licensed credit union, or an authorized representative of that credit union, fails to respond to the Commissioner within 20 business days after receiving written notice that a complaint has been filed against the credit union, the credit union is deemed to have admitted to the allegations contained in the complaint.
2. Subject to the discretion of the Commissioner and except as otherwise provided by specific statute, a complaint filed with the Division, any documents filed with the complaint, and any report or information resulting from an investigation of a complaint are confidential.
Added to NAC by Comm'r of Financial Institutions by R110-06, eff. 6-28-2006
NRS 678.250
Nevada Administrative Code › Chapter 679A - Insurance: General Provisions › Section 679A.Sec. 2 - NEW

Current through June 11, 2024
As used in section 1 of Assembly Bill No. 398, chapter 191,
			 Statutes of Nevada 2023, at page 1110, and section 4, "policy of liability
			 insurance" means a policy that:
1.
		  Provides for casualty insurance of the type described in paragraph (b) of
		  subsection 1 of NRS
		  681A.020; and
2. Is issued to a policyholder in this State
		  by a person who holds a certificate of authority pursuant to
		  NRS
		  680A.060 or a license pursuant to
		  NRS
		  694C.230 authorizing the person to offer
		  casualty insurance of the type described in paragraph (b) of subsection 1 of
		  NRS
		  681A.020.
Added
			 to NAC by Comm'r of Insurance by
			 R029-23A,
			 eff. 10/1/2023
NRS
				679B.130
Nevada Administrative Code › Chapter 679A - Insurance: General Provisions › Section 679A.Sec. 3 - NEW

Current through June 11, 2024
The provisions of section 1 of Assembly Bill No. 398, chapter
			 191, Statutes of Nevada 2023, at page 1110, do not apply to:
1. A risk retention group, as defined in
		  NRS
		  695E.110.
2. Captive insurance that does not cover
		  third-party liability.
Added
			 to NAC by Comm'r of Insurance by
			 R029-23A,
			 eff. 10/1/2023
NRS
				679B.130
Nevada Administrative Code › Chapter 679A - Insurance: General Provisions › Section 679A.Sec. 4 - NEW

Current through June 11, 2024
1. If a policy of liability insurance subject
		  to the provisions of section 1 of Assembly Bill No. 398, chapter 191, Statutes
		  of Nevada 2023, at page 1110, limits defense coverage and is required to be
		  filed for approval with the Commissioner:
(a)
		  The policy of liability insurance must make defense coverage available at the
		  limit for defense coverage selected by the insured; and
(b) The limit for defense coverage selected
		  by the insured, including, without limitation, a limit of $0, must be included
		  on the declarations page of the policy.
Nevada Administrative Code › Chapter 679A - Insurance: General Provisions › Section 679A.010 - Severability

Current through June 11, 2024
If any provision in chapters 679A to 697A, inclusive, of NAC or
			 any application thereof to any person, thing or circumstance is held invalid,
			 the commissioner of insurance intends that such invalidity not affect the
			 remaining provisions or applications to the extent that they can be given
			 effect.
Added to NAC by Comm'r of Insurance, eff.
			 8-26-83
Nevada Administrative Code › Chapter 679A - Insurance: General Provisions › Section 679A.020 - Entities organized for purpose of or engaged in business of insurance

Current through June 11, 2024
For the purposes of
			 NRS
			 86.141 and
			 88.342,
			 an entity is organized for the purpose of or engaged in the business of
			 insurance if the entity acts as:
1. An
		  insurer pursuant to
		  NRS
		  679A.100;
2. A fraternal benefit society pursuant to
		  chapter 695A of NRS;
3. A nonprofit
		  corporation for hospital, medical and dental service pursuant to chapter 695B
		  of NRS;
4. A health maintenance
		  organization pursuant to chapter 695C of NRS;
5. An organization for dental care pursuant
		  to chapter 695D of NRS;
6. A risk
		  retention group pursuant to chapter 695E of NRS; or
7. A prepaid limited health service
		  organization pursuant to chapter 695F of NRS.
Added to NAC by Comm'r of Insurance by
			 R152-99, eff. 1-28-2000
NRS
				679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.021 - "Commissioner" defined

Current through June 11, 2024
"Commissioner" means the Commissioner of Insurance.
Comm'r of Insurance, M-1
				§ 4, eff. 5-13-72-Substituted in revision for NAC
				679B.020
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.031 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Insurance of the Department of
				Business and Industry.
Comm'r of Insurance, M-1
				§ 5, eff. 5-13-72-NAC A 5-27-92
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.0335 - Reasonable and proper expenses of examination

Current through June 11, 2024
Reasonable and proper expenses, as described in
				NRS
				679B.290, may include, but are not limited
				to:
1. For a financial examiner or
			 market conduct examiner, a daily salary as defined in the Financial Condition
			 Examiners Handbook or the Market Regulation Handbook, as applicable, published
			 by the National Association of Insurance Commissioners, which has been adopted
			 by reference in NAC
			 679B.033.
2. For expert assistants, a daily salary
			 based upon the rate established in the contract approved by the State Board of
			 Examiners.
3. The maximum per diem
			 rate for the location of the examination as set forth in the Federal Travel
			 Regulation System of the General Services Administration, 41 C.F.R. Chapter
			 301. A current schedule of the maximum per diem rates as set forth in the
			 Federal Travel Regulation System of the General Services Administration, 41
			 C.F.R. Chapter 301, is available at no cost on the Internet at
http://www.gsa.gov/perdiem
.
4. Expenses for transportation,
			 including, but not limited to, the cost of airfare, rail fare, taxicab fare and
			 automobile rental and the reimbursement of any personal automobile expenses
			 necessary to reach the location of the examination. The calculation of expenses
			 for transportation may include expenses for transportation incurred by virtue
			 of the length of time necessary to complete the examination.
5. Upon approval of the Commissioner,
			 miscellaneous expenses incurred by the examiner and assistants while performing
			 an examination. Miscellaneous expenses may include, but are not limited to,
			 expenses for telephone calls, facsimile transmissions and postal charges
			 relating to the examination.
6. An
			 administrative charge, expressed as a percentage of the daily salary of the
			 examiner or assistant, as provided in subsections 1 and 2 and as provided in
			 the division budget approved by the Nevada Legislature.
Added to NAC by Comm'r
				of Insurance, eff. 5-23-96; A by R028-02, 5-31-2002; R171-08, 2-11-2009; A by
				R089-17AP,
				eff. 5/16/2018
NRS
				679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.034 - Confidentiality of records or other information obtained pursuant to NRS 679B.250

Current through June 11, 2024
1. Except as
			 otherwise provided in this section or required by
			 NRS
			 679B.280:
(a) Any records or other information obtained
			 pursuant to
			 NRS
			 679B.250 shall be deemed to be obtained by
			 the Commissioner or examiner upon the express condition that they remain
			 confidential.
(b) The Commissioner
			 will classify those records and that other information as confidential during
			 the period:
(1) Before completion of the
			 examination unless the Commissioner determines that the interests of the
			 public, or of the policyholders or shareholders of the person being examined,
			 will be served by allowing public inspection of the records and other
			 information at that time.
(2) After
			 completion of the examination unless:
(I) The
			 Commissioner takes disciplinary action based upon the results of the
			 examination;
(II) The person who
			 was being examined submits to the Commissioner a written request to release the
			 records and other information for public inspection; or
(III) A law enforcement agency requests
			 release of the records and other information for public inspection.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.035 - Conflicts of interest: Adoption of policy by licensed insurer domiciled in Nevada; filing of disclosure

Current through June 11, 2024
1. A licensed
			 insurer that is domiciled in this State shall adopt a conflict of interest
			 policy for its attorneys-in-fact, trustees, managers, officers and directors.
			 For any person governed by the policy, the policy must include:
(a) A requirement that the person annually
			 disclose any outside commitment, personal or otherwise, that would conflict
			 with his or her duty to further the interests of the insurer;
(b) A clear expression that the person has a
			 duty of care to protect the interests of the insurer above anyone other than
			 the insurer; and
(c) A requirement
			 that the person provide a complete annual disclosure of each material
			 relationship that he or she has with the insurer or a consultant or service
			 provider to the insurer.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.036 - Interpretation of "group organized for purposes other than the procurement of insurance."

Current through June 11, 2024
The Commissioner of Insurance will interpret the phrase "group
				organized for purposes other than the procurement of insurance," as used in
				NRS
				680A.070 and
				685B.030,
				to include the following:
1. A single
			 employer providing life or health insurance benefits to his or her eligible
			 employees, officers, directors or proprietors and their dependents.
2. A multiple employer group or trust holding
			 a policy on behalf of multiple employers providing life or health insurance
			 benefits to eligible employees, officers, directors or proprietors and their
			 dependents if the policy is issued pursuant to a collective bargaining
			 agreement.
3. A political
			 subdivision or an agency of a political subdivision providing life or health
			 insurance benefits to current or retired employees or officers.
4. An association of persons engaged in a
			 business or profession subject to certification or licensure by the State of
			 Nevada or the Federal Government so long as membership in the association is
			 limited to such persons.
5. An
			 association or trust which acts as the policyholder for one or more
			 associations or groups of otherwise unaffiliated persons providing life or
			 health insurance benefits if:
(a) The
			 association or trust was formed without the involvement of any insurance
			 company, administrator, agent, broker or representative thereof;
(b) Solicitation for membership or
			 participation in the association or affiliated group is made by a person who is
			 not in any way affiliated with or compensated by an insurance company,
			 administrator, agent, broker or solicitor;
(c) The membership solicitation material
			 refers only to the availability of participation in insurance
			 programs;
(d) The association has a
			 constitution and bylaws which require regular meetings at least annually to
			 further the purposes of the members and provide members with the privileges of
			 voting and actively participating in the activities of the
			 association;
(e) The association
			 conducts substantial educational, charitable, civic or advisory activities on
			 behalf of its members; and
(f) No
			 person employed by, representing, affiliated with, compensated by or otherwise
			 related to an insurance company, administrator, agent or broker is any way
			 involved in the management or membership solicitation activities of the
			 association.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.038 - Plans limiting selection of dentist: Interpretation of "insured or member"; process for selecting optional plan (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				of Insurance, eff. 8-1-91; R by
				R089-17A,
				eff. 5/16/2018
NRS
				679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.0385 - Interpretation of "unsuitable manner."

Current through June 11, 2024
As used in
				NRS
				679B.125 and
				680A.200,
				"unsuitable manner" means conducting insurance business in a manner
				which:
1. Results in a violation of
			 any statute or regulation of this State relating to insurance;
2. Results in an intentional violation of any
			 other statute or regulation of this State; or
3. Causes injury to the general public,
with such frequency as to indicate a general business
				practice.
Added to NAC by Comm'r
				of Insurance, eff. 1-10-97
NRS
				  679B.125,
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.039 - Interpretation of "unsuitable person."

Current through June 11, 2024
As used in
				NRS
				679B.125, "unsuitable person" means a person
				who is:
1. Determined by the
			 Commissioner to be untrustworthy or dishonest;
2. Determined by the Commissioner to have
			 violated intentionally any statute or regulation relating to insurance;
			 or
3. Convicted in any jurisdiction
			 of a crime which involves theft, fraud, dishonesty or moral
			 turpitude.
Added to NAC by Comm'r
				of Insurance, eff. 1-10-97
NRS
				  679B.125,
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.0395 - Fee for returned or dishonored check or other method of payment

Current through June 11, 2024
In accordance with
				NRS
				353C.115 and NAC 353C.400, the Division shall
				charge any person whose check or other method of payment is returned to the
				Division or otherwise dishonored because the person had insufficient money or
				credit with the drawee or financial institution to pay the check or other
				method of payment or because the person stopped payment on the check or other
				method of payment a fee of $25 or such other amount as may subsequently be
				required by
				NRS
				353C.115 and NAC 353C.400.
Added to NAC by Comm'r
				of Insurance by R082-98, eff. 1-27-2000; A by R068-07,
				1-30-2008
NRS
				  679B.130,
				  679B.228
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.0405 - Use of prescribed form to obtain information related to credentials of provider of health care

Current through June 11, 2024
1. Each insurer,
			 carrier, society, corporation, health maintenance organization and managed care
			 organization shall use the Nevada Division of Insurance (NDOI) Form 901
			 prescribed by the Commissioner of Insurance pursuant to
			 NRS
			 629.095 when obtaining any information
			 related to the credentials of a provider of health care.
2. If an insurer, carrier, society,
			 corporation, health maintenance organization or managed care organization needs
			 information to satisfy a requirement newly imposed by the Federal Government,
			 the State or one of its agencies, or a body that accredits hospitals, medical
			 facilities or health care plans and that information is not addressed in NDOI
			 Form 901, the insurer, carrier, society, corporation, health maintenance
			 organization or managed care organization:
(a)
			 Shall notify the Commissioner of the additional information that must be
			 requested in NDOI Form 901 to satisfy the requirement; and
(b) May use an addendum to NDOI Form 901 to
			 obtain the information necessary to satisfy the requirement until NDOI Form 901
			 has been revised to include a request for such information.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.0407 - Use of log to record information concerning access by Division to computer assigned or loaned to officer, employee or contractor

Current through June 11, 2024
1. The Division shall, in a log maintained by
			 the Division, record the information concerning access by the Division to a
			 computer of the Division that has been assigned or loaned to an officer,
			 employee or a contractor for his or her exclusive or routine use in carrying
			 out the duties of his or her position that is required pursuant to subsection 4
			 of
			 NRS
			 281.195.
2. As used in this section, "access" has the
			 meaning ascribed to it in
			 NRS
			 281.195.
Added to NAC by Comm'r
				of Insurance by R160-05, eff. 12-29-2005
NRS
				  281.195
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › GENERAL PROVISIONS › Section 679B.0409 - Transactions by electronic means

Current through June 11, 2024
1. Except as
			 otherwise provided in
			 NRS
			 691D.330 and NAC 691D.300, an insurer shall
			 not conduct a transaction by electronic means, including, without limitation,
			 transactions involving claims, electronic signatures, electronic payments or
			 other insurance-related records in electronic form, unless each person who is a
			 party to the transaction agrees to conduct the transaction by electronic
			 means.
2. If a person who is a
			 party to a transaction agrees to conduct the transaction by electronic means,
			 the insurer shall document the agreement, including, without limitation:
(a) The name of the person agreeing to
			 conduct the transaction by electronic means;
(b) The type of transaction that the person
			 has agreed to conduct by electronic means; and
(c) The date and time of the
			 agreement.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.041 - Definitions

Current through June 11, 2024
As used in NAC 679B.041 to 679B.151, inclusive, and section 1,
				unless the context otherwise requires, the words and terms defined in NAC
				679B.043 to 679B.070, inclusive, have the meanings ascribed to them in those
				sections.
Supplied in
				codification; A by Comm'r of Insurance by R152-99, 1-28-2000; A by
				R001-16,
				eff. 6/28/2016
NRS
				  679B.130 and
				  679B.305,
				  as amended by section 2 of Assembly Bill No. 486, chapter 480, Statutes of
				  Nevada 2015, at page 2832
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.043 - "Account" defined

Current through June 11, 2024
"Account" means the Insurance Recovery Account created pursuant
				to
				NRS
				679B.305.
Added to NAC by Comm'r
				of Insurance by R152-99, eff. 1-28-2000
NRS
				  679B.305
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.050 - "Final judgment" defined

Current through June 11, 2024
"Final judgment" means a judgment of a court of competent
				jurisdiction based upon the merits of the case:
1. Which finds fraud, intentional
			 misrepresentation, embezzlement or deceit on the part of a licensee in
			 connection with a transaction for which the licensee was licensed;
			 and
2. Upon which the time for
			 appeal has elapsed without the filing of an appeal or upon which a decision has
			 been rendered on appeal and no further recourse is available.
Added to NAC by Comm'r
				of Insurance, eff. 3-18-82; A by R152-99,
				1-28-2000
NRS
				  679B.305
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.070 - "Licensee" defined

Current through June 11, 2024
"Licensee" means a person who possesses a license issued by the
				Division under chapter 683A, 684A, 685A or 692A of NRS.
Added to NAC by Comm'r
				of Insurance, eff. 3-18-82; A 5-27-92; A by
				R001-16,
				eff. 6/28/2016
NRS
				  679B.130 and
				  679B.305,
				  as amended by section 2 of Assembly Bill No. 486, chapter 480, Statutes of
				  Nevada 2015, at page 2832
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.078 - Assessment of fee to maintain balance in Account: Payment upon issuance or renewal of license; failure to pay; administrative fine

Current through June 11, 2024
1. If the Commissioner assesses the fee
			 authorized pursuant to NRS 679B.305, the fee will be assessed at the time of
			 the issuance or renewal of a license issued by the Division under chapter 683A,
			 684A, 685A or 692A of NRS.
2. If a
			 person fails to pay the fee assessed pursuant to subsection 1, his or her
			 license will not be issued or renewed, as applicable.
3. If a person who wishes to renew his or her
			 license pays the fee assessed pursuant to subsection 1 after the date the fee
			 is due, the person is subject to an administrative fine equal to the amount of
			 the fee.
Added to NAC
				by Comm'r of Insurance by
				R001-16,
				eff. 6/28/2016
NRS
				  679B.130,
				  679B.305
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.080 - Petition for payment from Account

Current through June 11, 2024
1. If a person
			 obtains a final judgment, he or she may file a verified petition with the
			 Commissioner for an order directing payment out of the Account in an amount
			 equal to the unpaid compensatory damages awarded in the judgment.
2. The amount claimed in the petition may not
			 include court costs or interest on the compensatory damages.
Added to NAC by Comm'r
				of Insurance, eff. 3-18-82; A by R152-99,
				1-28-2000
NRS
				  679B.305
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.090 - Contents of petition; decision of court

Current through June 11, 2024
1. A petition
			 for payment must contain copies of the documents of the court which show, to
			 the satisfaction of the Commissioner, the grounds for the final judgment. The
			 petition must also:
(a) Show that a special
			 verdict or a general verdict with written interrogatories was rendered in
			 accordance with Rule 49 of Nevada Rules of Civil Procedure;
(b) Show that findings of fact and
			 conclusions of law were made pursuant to Rule 52 of Nevada Rules of Civil
			 Procedure; or
(c) If the court does
			 not make findings of fact and conclusions of law, provide proof that the final
			 judgment or evidence included in the petition demonstrates that the ground for
			 the final judgment was the commission by the licensee of any of the acts
			 described in subsection 2.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.100 - Procedure for payment from Account

Current through June 11, 2024
1. Within 30 days
			 after the filing of the petition, the Commissioner may make investigations to
			 verify the truthfulness of the matters asserted in the petition and determine
			 whether the searches and inquiries for real and personal property have been
			 reasonable. The investigation will include making contact with the licensee, if
			 possible.
2. Any licensee whose
			 actions have resulted in the filing of a petition against the Account may
			 request a hearing to contest the allegations of the petition within 15 days
			 after he or she has been served. The request must be accompanied by a statement
			 specifying the reasons that recovery should not be allowed against the
			 Account.
3. Upon the completion of
			 the investigations, determinations and the hearing, if held, the Commissioner
			 will enter an order which directs payment in a specific amount or denies a
			 recovery. The order will set forth the reasons for the allowance or denial of a
			 recovery against the Account.
Added to NAC by Comm'r
				of Insurance, eff. 3-18-82; A by R152-99,
				1-28-2000
NRS
				  679B.305
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.111 - Repayment

Current through June 11, 2024
1. The Commissioner may treat any payment
			 from the Account in settlement of a claim or toward satisfaction of a final
			 judgment against a licensee as sufficient ground for the revocation or
			 suspension of his or her license or for any other appropriate discipline. No
			 license may be reinstated until the licensee has repaid the amount paid from
			 the Account on his or her behalf, plus interest at the prevailing rate for a
			 judgment rendered in any court of this State. The interest must be calculated
			 from the date the payment was made from the Account.
2. A discharge in bankruptcy of the debt
			 created by the final judgment does not relieve a person from the penalties
			 provided in NAC 679B.041 to 679B.151, inclusive, and section 1.
Added to NAC by Comm'r
				of Insurance, eff. 3-18-82; A by R152-99, 1-28-2000; A by
				R001-16,
				eff. 6/28/2016
NRS
				  679B.130 and
				  679B.305,
				  as amended by section 2 of Assembly Bill No. 486, chapter 480, Statutes of
				  Nevada 2015, at page 2832
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.121 - Payment of claims

Current through June 11, 2024
1. Whenever claims
			 are approved in any fiscal year against the Account which total more than the
			 maximum liability of $5,000 for the acts of one licensee, the $5,000 must be
			 distributed among the claimants in the proportion that their respective claims
			 bear to the total of all claims approved.
2. All petitions for payment out of the
			 Account must be filed on or before May 15 of the fiscal year for which the
			 petitioner is seeking relief. Except as provided in subsection 3, all money
			 will be distributed on June 30 of each fiscal year.
3. If, on June 30, the money deposited in the
			 Account and allotted for the satisfaction of claims is insufficient to satisfy
			 any approved claim or portion thereof, the Commissioner will pay the claims or
			 portions of the claims in the order in which they were filed. The Commissioner
			 will satisfy the unpaid claims when sufficient money has been deposited in the
			 Account.
4. The Commissioner will
			 not pay interest on any approved claim or portion of a claim.
Added to NAC by Comm'r
				of Insurance, eff. 3-18-82; A by R152-99,
				1-28-2000
NRS
				  679B.305
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.131 - Assignment of judgment

Current through June 11, 2024
If the Commissioner pays any sum from the Account to a
				petitioner, the petitioner must assign his or her interest in the final
				judgment to the Commissioner to the extent of the payment made to the
				petitioner. The Commissioner will deposit any amount recovered on the judgment
				in the Account. The assignment must be in a form acceptable to the
				Commissioner.
Added to NAC by Comm'r
				of Insurance, eff. 3-18-82; A by R152-99,
				1-28-2000
NRS
				  679B.305
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.141 - Waiver of rights

Current through June 11, 2024
Failure of a person or licensee to comply with any of the
				provisions of
				NRS
				679B.305 or NAC 679B.041 to 679B.151,
				inclusive, and section 1 constitutes a waiver of any rights under NAC 679B.041
				to 679B.151, inclusive, and section 1 of this regulation.
Added to NAC by Comm'r
				of Insurance, eff. 3-18-82; A by
				R001-16,
				eff. 6/28/2016
NRS
				  679B.130 and
				  679B.305,
				  as amended by section 2 of Assembly Bill No. 486, chapter 480, Statutes of
				  Nevada 2015, at page 2832
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INSURANCE RECOVERY ACCOUNT › Section 679B.151 - Disciplinary action

Current through June 11, 2024
The provisions of NAC 679B.041 to 679B.151, inclusive, and
				section 1 do not limit the authority of the Commissioner to take disciplinary
				action against a licensee for a violation of any of the provisions of chapters
				683A, 684A, 685A and 692A of NRS, NAC 679B.041 to 679B.151, inclusive, and
				section 1 or other regulations of the Division, nor does the repayment in full
				of any obligations to the Account by a licensee nullify or modify the effect of
				any disciplinary proceeding brought pursuant to the provisions of NAC 679B.041
				to 679B.151, inclusive, and section 1 or the statutory provisions of title 57
				of NRS.
Added to NAC by Comm'r
				of Insurance, eff. 3-18-82; A 5-27-92; R152-99, 1-28-2000; A by
				R001-16,
				eff. 6/28/2016
NRS
				  679B.130 and
				  679B.305,
				  as amended by section 2 of Assembly Bill No. 486, chapter 480, Statutes of
				  Nevada 2015, at page 2832
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INVESTIGATION OF FRAUDULENT CLAIMS › Section 679B.152 - Release for public inspection of records or information related to investigation of fraudulent claim

Current through June 11, 2024
For the purposes of paragraph (a) of subsection 3 of
				NRS
				679B.190, the release for public inspection
				of any records or information related to the investigation of a fraudulent
				claim:
1. Before completion of the
			 investigation shall be deemed harmful to the investigation or person being
			 investigated unless the Commissioner determines that the interests of the
			 public will be served by allowing the release for public inspection at that
			 time.
2. After completion of the
			 investigation shall be deemed harmful to the investigation or person who was
			 being investigated unless:
(a) The person who
			 was being investigated submits to the Commissioner a written request to allow
			 the release for public inspection; or
(b) A law enforcement agency requests the
			 release for public inspection.
No records or information may be released for public inspection
				pursuant to this subsection except upon the written order of the
				Commissioner.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INVESTIGATION OF FRAUDULENT CLAIMS › Section 679B.154 - Special Investigative Account: Determination of amount of assessment; notice

Current through June 11, 2024
The Commissioner will provide to each insurer a notice of the
				amount of the assessment for the Special Investigative Account that is owed
				pursuant to subsection 4 of
				NRS
				679B.700 on or before June 1 of each
				year.
Added to NAC by Comm'r
				of Insurance, eff. 10-30-85; A 5-27-92; 3-30-94; R082-98, 1-27-2000; A by
				R001-16,
				eff. 6/28/2016
NRS
				  679B.130,
				  679B.700
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › INVESTIGATION OF FRAUDULENT CLAIMS › Section 679B.157 - Special Investigative Account: Payment of assessment; administrative fine; willful violation

Current through June 11, 2024
1. Each insurer who
			 holds a certificate of authority in this State on January 1 of a calendar year
			 shall pay the assessment for the investigation of fraudulent claims on or
			 before July 15 of that year.
2.
			 Each such insurer who fails to pay this assessment or pays it late is subject
			 to an administrative fine in an amount equal to the assessment. This fine is
			 assessed by the Division upon notice to the company accompanied by a bill for
			 the assessment and fine. Payment of the bill waives any right to an
			 administrative hearing on the matter, and the bill must so state.
3. An insurer who pays the assessment late in
			 2 consecutive years, or fails to pay it for 2 consecutive years, shall be
			 deemed to have willfully violated this section and the provisions of
			 NRS
			 679B.700. The late payment or nonpayment
			 reflects on the competency of the management of the company.
Added to NAC by Comm'r
				of Insurance, eff. 10-30-85; A 5-27-92; 3-30-94; A by
				R001-16,
				eff. 6/28/2016
NRS
				  679B.130,
				  679B.700
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › STABILIZATION OF INSURANCE COSTS (REPEALED) › Section 679B.158 - Determination of amount of fee imposed by statute; notice (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				of Insurance, eff. 3-30-94; R by
				R001-16,
				eff. 6/28/2016
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › STABILIZATION OF INSURANCE COSTS (REPEALED) › Section 679B.160 - Payment of fee imposed by statute; administrative fine (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				of Insurance, eff. 3-30-94; R by
				R001-16,
				eff. 6/28/2016
NRS
				  679B.130
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.161 - Applicability; deviation from provisions

Current through June 11, 2024
1. Except as
				otherwise provided in this section, the provisions of chapter 233B of NRS,
				NRS
				679B.310 to
				679B.370,
				inclusive, and NAC 679B.161 to 679B.480, inclusive, govern practice before the
				Division. To the extent that any action before the Division is not covered by
				those provisions, the Division may follow any applicable rule in the Nevada
				Rules of Civil Procedure.
2. If
				good cause appears and if stipulated by all parties, the hearing officer may
				deviate from the provisions of NAC 679B.161 to 679B.480, inclusive.
Comm'r of Insurance,
				  M-1 §§ 1-3, eff. 5-13-72-NAC A 11-21-88; 12-15-94; R110-04,
				  9-16-2004
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.170 - Definitions

Current through June 11, 2024
As used in NAC 679B.161 to 679B.480, inclusive, unless the
				  context otherwise requires:
1.
				"Hearing officer" means the Commissioner or another person designated by the
				Commissioner to conduct a hearing.
2. "Intervener" means a person, other than an
				original party to a proceeding, whose pecuniary interests may be directly and
				immediately affected by the proceeding and who has secured an order from a
				hearing officer granting leave to intervene.
3. "Party" means the Division, any other
				original party to the proceeding and any intervener.
4. "Petitioner" means a person who applies
				for a hearing before the Division.
5. "Respondent" means a person who is
				required to respond in an administrative proceeding commenced by the Division
				or the Commissioner.
6. "Staff"
				means persons employed by or working with the Division.
Comm'r of Insurance,
				  M-1 §§ 4-13, eff. 5-13-72-NAC A 11-21-88; 1-27-92; 5-27-92;
				  12-15-94
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.181 - Interpretation of "unsuitable conduct."

Current through June 11, 2024
As used in
				  NRS
				  679B.310, the Commissioner will interpret
				  "unsuitable conduct" to include any act or omission which:
1. Results in a felony conviction of an
				insurer or an employee of the insurer in any jurisdiction in the United States
				if the insurer knows of the conviction and does not disclose it to the
				Commissioner before the license or certificate of authority is issued to the
				insurer;
2. Results in a felony
				conviction of an insurer or an employee of the insurer in any jurisdiction in
				the United States after the license or certificate of authority is issued to
				the insurer; or
3. Is an
				intentional violation of a statute or regulation of this State relating to
				insurance that has occurred with such frequency as to indicate a general
				business practice of an insurer or an employee of an insurer.
Added to NAC by Comm'r
				  of Insurance, eff. 1-10-97
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.190 - Hearing calendar

Current through June 11, 2024
The Commissioner will maintain a hearing calendar and make
				  assignments for hearings from it. A copy of the hearing calendar will be
				  maintained at each office of the Division.
Comm'r of Insurance,
				  M-1 § 17, eff. 5-13-72-NAC A 5-27-92
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.195 - Dismissal of action for want of prosecution

Current through June 11, 2024
1. The
				Commissioner may, in his or her discretion and for good cause, upon his or her
				own motion or upon the motion of any party, dismiss any action before the
				Division for want of prosecution after providing proper notice to all
				parties.
2. The Commissioner will
				dismiss any action for want of prosecution if, after a period of 1 year from
				the date the action was filed, the party requesting the hearing has, without
				good cause, caused the hearing to be delayed unreasonably.
Added to NAC by Comm'r
				  of Insurance by R110-04, eff. 9-16-2004
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.201 - Dismissal of proceeding initiated by Division

Current through June 11, 2024
The Division may dismiss a proceeding it has initiated
				  through the filing of a complaint and service of an order to show cause,
				  without prejudice to the initiation of another proceeding based upon the same
				  set of facts, during the period:
1.
				After it has filed the complaint and served the order to show cause;
				and
2. Before a hearing is
				conducted on the matter.
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.211 - Hearings: Person presiding; date; continuance

Current through June 11, 2024
1.
				Hearings will be held before the Commissioner or a hearing officer designated
				by the Commissioner pursuant to
				NRS
				679B.330.
2. A hearing will be set for a date which is
				earlier than the date set forth in the notice of the hearing if all parties so
				agree in writing.
3. Upon the
				written request of any party, the hearing officer may:
(a) Continue the hearing until a later date;
				or
(b) Upon good cause shown,
				continue the hearing for the submission of further proof of any
				matter.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.241 - Pleadings: Filing

Current through June 11, 2024
1. All pleadings,
				including complaints, petitions, answers, briefs, motions, responses to
				motions, affidavits and applications, must be addressed to and filed with the
				Commissioner. Pleadings shall be deemed to be officially filed with the
				Commissioner when a true copy is received by the Division.
2. The hearing officer may require a party to
				file two or more legible copies of a pleading.
3. The acceptance of a document for filing
				shall not be deemed to constitute:
(a) A
				determination that the document complies with all applicable statutes and
				regulations; or
(b) A waiver of any
				applicable statutes or regulations.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.243 - Pleadings: Requirements for format; signature; request for hearing

Current through June 11, 2024
1. Pleadings must:
(a) Be properly titled.
(b) Be signed in ink by the party or his or
				her counsel.
(c) Include the name
				and address of each party and the name, address and telephone number of the
				party's counsel, if any.
(d) Except
				for an initial pleading, clearly identify the proceeding by title and
				number.
(e) Contain a clear and
				concise statement of the matters relied upon as a basis for the action or
				relief requested.
(f) Be
				typewritten, printed or reproduced on good quality white paper, which is
				approximately 8 1/2 by 11 inches in size. Any exhibit or appendix accompanying
				a pleading must be folded to that size. Information must be presented on only
				one side of the paper and must be double spaced, except for footnotes or
				quotations which are indented. All of the copies of a pleading and of any
				exhibit or appendix accompanying a pleading must be clear and permanently
				legible.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.245 - Pleadings: Amendment, correction or cure of omission

Current through June 11, 2024
1. If no substantial rights of the parties
				will be prejudiced, the hearing officer shall allow a pleading to be amended or
				corrected or any omission in a pleading to be cured.
2. The hearing officer shall liberally
				construe the pleadings and disregard any defects which do not affect the
				substantial rights of any party.
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.250 - Pleadings: Service of copies to other parties or counsel; proof of service

Current through June 11, 2024
1. After the commencement of a proceeding, a
				party who files a pleading shall serve a copy of the pleading to every other
				party. If a party is represented by counsel, service of the pleading must be to
				that counsel.
2. Except as
				otherwise required by specific statute or regulation, all pleadings and other
				documents required to be served may be served in person or by mail. If service
				is by mail, service is complete when a true copy of the document, properly
				addressed and stamped, is deposited in the United States mail.
3. An acknowledgment of service or the
				following certificate must appear on all documents required to be served:
I hereby certify that I have this day served the foregoing
				  document upon all parties of record in this proceeding (by delivering a copy
				  thereof in person to ................) (by mailing a copy thereof, properly
				  addressed, with postage prepaid, to ................)
Dated at ..................., this .........(day) of
				  ...................(month) of .........(year)
.......................................................................
Signature
Comm'r of Insurance,
				  M-1 § 15, 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.260 - Prehearing conference: Procedure to call; purpose

Current through June 11, 2024
The hearing officer may, upon his or her own motion or upon
				  the motion of any party, by giving 7 days' prior written notice of the time and
				  place to all parties, hold a prehearing conference for the purpose of
				  formulating or simplifying the issues, obtaining admissions of fact and
				  documents which will avoid unnecessary proof, arranging for the exchange of
				  proposed exhibits or prepared expert testimony, limiting the number of
				  witnesses and considering other matters which may permit rapid orderly conduct
				  and disposition of the proceedings or settlements thereof.
Comm'r of Insurance,
				  M-1 § 18, eff. 5-13-72-Substituted in revision for NAC
				  679B.210
NRS
					 679B.130,
					 679B.310
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.270 - Prehearing conference: Effect of actions; failure of party or counsel to attend

Current through June 11, 2024
1. Any action taken
				at a prehearing conference and the agreements, admissions or stipulations made
				by the parties at the conference:
(a) Must be
				made a part of the record; and
(b)
				Controls the course of subsequent proceedings unless modified at the hearing by
				the hearing officer.
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.280 - Hearings: Subpoenas

Current through June 11, 2024
1. Petitioners or
				respondents who desire to subpoena witnesses must apply in writing to the
				hearing officer, if one has been designated, or to the Commissioner if a
				hearing officer has not been designated, and set forth the reasons why the
				subpoena is requested.
2. The
				hearing officer, if one has been designated, or the Commissioner if a hearing
				officer has not been designated, may issue a subpoena duces tecum after a
				written request which specifies as clearly as possible, the books, papers,
				accounts or other documents desired. Within 3 working days after the receipt of
				the application, the hearing officer or Commissioner shall grant the request
				and issue the subpoena or deny the request. The hearing officer or Commissioner
				may, for good cause shown, issue a subpoena duces tecum upon an oral
				motion.
3. A petitioner or
				respondent who applies for a subpoena or subpoena duces tecum pursuant to this
				section must serve a copy of the application to all parties.
4. All costs incident to the execution of a
				subpoena or subpoena duces tecum issued at the request of the petitioner or
				respondent must be borne by the petitioner or respondent, and the hearing
				officer may demand payment of those costs before issuing the
				subpoenas.
Comm'r of Insurance,
				  M-1 § 23, eff. 5-13-72-NAC A 11-21-88;
				  12-15-94
NRS
					 679B.130,
					 679B.310,
					 679B.340
Nevada Administrative Code › Chapter 679B - Commissioner of Insurance › PRACTICE BEFORE THE DIVISION › Hearings › Section 679B.311 - Hearings: Appearances; notice of representation by counsel

Current through June 11, 2024
1. A party, if other than a natural person,
				may appear:
(a) If a partnership, by a
				partner.
(b) If a corporation, by
				an officer or other authorized representative or regular employee.
(c) If a municipal corporation, by an
				authorized officer, agent or employee.
(d) If an unincorporated association, by an
				authorized representative, officer or employee.