reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 613 - Employment Practices › Section 613.050 - Request for hearing; conduct of hearing

Current through June 11, 2024
1. An employee or participant may request a hearing before the labor commissioner to determine whether an employer has violated the provisions of NAC 613.040. The request must be submitted to the labor commissioner on a form provided by him not later than 60 days after the alleged violation occurred.
2. The hearing must be conducted in the manner prescribed in NRS 607.205 to 607.215, inclusive.
Added to NAC by Labor Comm'r by R152-98, eff. 3-18-99
NRS 613.225
Nevada Administrative Code › Chapter 613 - Employment Practices › Section 613.060 - Informal hearing

Current through June 11, 2024
1. The labor commissioner may require the employee or participant who requested a hearing pursuant to NAC 613.050 and the employer who allegedly violated the provisions of NAC 613.040 to appear before him for an informal resolution of the controversy at a location within the county where the employee or participant resides.
2. The employee or participant and the employer may be represented by counsel at the informal hearing.
3. An informal hearing conducted pursuant to this section must not be recorded. Any matter discussed or material presented at the informal hearing may not be admitted into evidence at a subsequent formal hearing. The labor commissioner will inform all parties at the beginning of the informal hearing that such material or discussion may not be used at a subsequent formal hearing.
4. The holding of an informal hearing does not prevent the labor commissioner from requiring a formal hearing.
5. If the labor commissioner determines that the matter cannot be resolved at the informal hearing, he will conduct a formal hearing to resolve the matter.
Added to NAC by Labor Comm'r by R152-98, eff. 3-18-99
NRS 613.225
Nevada Administrative Code › Chapter 613 - Employment Practices › Section 613.070 - Disciplinary action

Current through June 11, 2024
If the labor commissioner determines, after notice and a hearing is held pursuant to NAC 613.050, that the employer has violated the provisions of NAC 613.040, the labor commissioner may:
1. Order the employer to reinstate the employee immediately to his former position, without the loss of seniority or benefits, and pay to the employee the wages lost by the employee as a result of the violation;
2. Suspend the payments that the employer is entitled to receive for his participation in the welfare-to-work program; or
3. Prohibit the employer from participating in the welfare-to-work program.
Added to NAC by Labor Comm'r by R152-98, eff. 3-18-99
NRS 613.225
Nevada Administrative Code › Chapter 615 - Vocational Rehabilitation › GENERAL PROVISIONS › Section 615.011 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 615.014, 615.021 and 615.031 have the meanings ascribed to them in those sections.
Added to NAC by Dep't of Employm't, Training & Rehab. by R229-05, eff. 6-28-2006
NRS 615.150, 615.280
Nevada Administrative Code › Chapter 615 - Vocational Rehabilitation › GENERAL PROVISIONS › Section 615.014 - "Administrator" defined

Current through June 11, 2024
"Administrator" has the meaning ascribed to it in NRS 615.023.
Added to NAC by Dep't of Employm't, Training & Rehab. by R229-05, eff. 6-28-2006
NRS 615.150, 615.280
Nevada Administrative Code › Chapter 615 - Vocational Rehabilitation › GENERAL PROVISIONS › Section 615.021 - "Bureau" defined

Current through June 11, 2024
"Bureau" has the meaning ascribed to it in NRS 615.031.
Added to NAC by Dep't of Employm't, Training & Rehab. by R229-05, eff. 6-28-2006
NRS 615.150, 615.280
Nevada Administrative Code › Chapter 615 - Vocational Rehabilitation › GENERAL PROVISIONS › Section 615.031 - "Vocational rehabilitation services" defined

Current through June 11, 2024
"Vocational rehabilitation services" has the meaning ascribed to it in NRS 615.140.
Added to NAC by Dep't of Employm't, Training & Rehab. by R229-05, eff. 6-28-2006
NRS 615.150, 615.280
Nevada Administrative Code › Chapter 615 - Vocational Rehabilitation › RESOLUTION OF GRIEVANCES › Section 615.105 - Request for hearing; request for resolution by alternate means; informal discussions

Current through June 11, 2024
1. Except as otherwise provided in this subsection, a person applying for or receiving vocational rehabilitation services who is aggrieved by a decision of the Administrator or Bureau may, not later than 60 days after he receives notice of the decision, submit a written request to the Administrator or his designee for a hearing conducted pursuant to NRS 615.280. The Administrator or his designee may, upon good cause shown, allow a person to file a request for a hearing more than 60 days after he receives notice of the decision.
2. In addition to, or in lieu of, submitting a request for a hearing pursuant to subsection 1, a person who is aggrieved by a decision of the Administrator or Bureau may, not later than 30 days after he receives notice of the decision, submit a written request to the Administrator or his designee to resolve the dispute by using alternate means of dispute resolution in accordance with the Client Assistance Program as specified in 29 U.S.C. §
									732(g)(3)(A) or by mediation pursuant to 29 U.S.C. §
									722(c).
3. The provisions of this section do not prohibit a person applying for or receiving vocational rehabilitation services who is aggrieved by a decision of the Administrator or Bureau from engaging in informal discussions with the Administrator or his designee concerning the dispute or reaching a settlement of the dispute.
Added to NAC by Dep't of Employm't, Training & Rehab. by R229-05, eff. 6-28-2006
NRS 615.150, 615.280
Nevada Administrative Code › Chapter 615 - Vocational Rehabilitation › RESOLUTION OF GRIEVANCES › Section 615.115 - Assignment of and conduct of hearing by hearing officer; continuance of hearing

Current through June 11, 2024
1. The Administrator or his designee shall, after receiving a request for a hearing pursuant to subsection 1 of NAC 615.105, immediately submit the request to the Hearings Division of the Department of Administration for assignment of a hearing officer.
2. The hearing officer shall, not later than 60 days after the Administrator or his designee receives a request for a hearing pursuant to subsection 1 of NAC 615.105, conduct a hearing at a time and place that is acceptable to the parties.
3. With the approval of the hearing officer, the parties may agree in writing to continue the hearing.
Added to NAC by Dep't of Employm't, Training & Rehab. by R229-05, eff. 6-28-2006
NRS 615.150, 615.280
Nevada Administrative Code › Chapter 615 - Vocational Rehabilitation › RESOLUTION OF GRIEVANCES › Section 615.125 - Submission of statements by parties before hearing

Current through June 11, 2024
The hearing officer may require each party to submit, at least 5 days before the hearing, a statement that includes:
1. The facts of the dispute;
2. The issues of law presented in the dispute;
3. A list of the names of the witnesses who may testify at the hearing; and
4. A list of exhibits that the party intends to use at the hearing.
Added to NAC by Dep't of Employm't, Training & Rehab. by R229-05, eff. 6-28-2006
NRS 615.150, 615.280
Nevada Administrative Code › Chapter 615 - Vocational Rehabilitation › RESOLUTION OF GRIEVANCES › Section 615.135 - Representation of aggrieved party at hearing

Current through June 11, 2024
The aggrieved party may be represented at the hearing by an attorney or any other person designated by the aggrieved party.
Added to NAC by Dep't of Employm't, Training & Rehab. by R229-05, eff. 6-28-2006
NRS 615.150, 615.280
Nevada Administrative Code › Chapter 615 - Vocational Rehabilitation › RESOLUTION OF GRIEVANCES › Section 615.145 - Rules of evidence

Current through June 11, 2024
The hearing officer is not bound by the technical rules of evidence. Decisions concerning the admissibility of evidence must be made in accordance with the provisions of NRS 233B.123.
Added to NAC by Dep't of Employm't, Training & Rehab. by R229-05, eff. 6-28-2006
NRS 615.150, 615.280
Nevada Administrative Code › Chapter 615 - Vocational Rehabilitation › RESOLUTION OF GRIEVANCES › Section 615.155 - Rights of parties at hearing; order of presentation

Current through June 11, 2024
Each party may present his case, examine and cross-examine witnesses, and rebut evidence. The aggrieved party shall present his case first, followed by the case of the Bureau, followed by such rebuttal evidence as the hearing officer may allow.
Added to NAC by Dep't of Employm't, Training & Rehab. by R229-05, eff. 6-28-2006
NRS 615.150, 615.280
Nevada Administrative Code › Chapter 615 - Vocational Rehabilitation › RESOLUTION OF GRIEVANCES › Section 615.165 - Decision of hearing officer: Issuance; appeal

Current through June 11, 2024
1. Not later than 30 days after the hearing, the hearing officer shall issue a written decision in accordance with the requirements of chapter 233B of NRS.
2. The decision of the hearing officer is a final decision for the purposes of judicial review, and any appeal of the decision must be filed within the period established by paragraph (c) of subsection 2 of NRS 233B.130.
Added to NAC by Dep't of Employm't, Training & Rehab. by R229-05, eff. 6-28-2006
NRS 615.150, 615.280
Nevada Administrative Code › Chapter 615 - Vocational Rehabilitation › RESOLUTION OF GRIEVANCES › Section 615.175 - Transcript of proceedings

Current through June 11, 2024
Upon the request of a party, the Bureau shall provide a transcript of the oral proceedings of the hearing. The Bureau may require payment of the cost to provide the transcript.
Added to NAC by Dep't of Employm't, Training & Rehab. by R229-05, eff. 6-28-2006
NRS 615.150, 615.280
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in:
1.NRS 616A.030 to 616A.360, inclusive; and
2. NAC 616A.015 to 616A.275, inclusive,
have the meanings ascribed to them in those sections.
Supplied in codification; A by Industrial Insurance System, 10-26-83; 4-20-84; A by Dep't of Industrial Relations, 10-26-83; A by Industrial Insurance System, 8-16-94; R165-97, 12-31-97, eff. 1-1-98; A by Div. of Industrial Relations by R093-98, 12-18-98; R007-06, 6-1-2006
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.015 - "Adjuster" defined

Current through June 11, 2024
"Adjuster" means the unit of an insurer or a third-party administrator that is responsible for the administration of claims for compensation for industrial injury or occupational disease in this State, including, without limitation, making determinations relating to compensability and payment of accident benefits.
Added to NAC by Div. of Industrial Relations by R093-98, 12-18-98, eff. 7-1-99
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.040 - "Appeals officer" defined

Current through June 11, 2024
"Appeals officer" means an officer appointed pursuant to NRS 616C.340 to conduct hearings of appeals from decisions of hearing officers in cases concerning compensation under chapters 616A to 617, inclusive, of NRS.
Hearings Div., Practice Rule II subsec. 1, eff. 2-26-80-Substituted in revision for NAC 616.014
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.050 - "Chief" defined (Repealed)

Current through June 11, 2024
Supplied in codification; A by Div. of Industrial Relations by R108-09, 6-30-2010-Substituted in revision for NAC 616.015;	R
				by
				R028-23A,
				eff. 2/20/2024
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.060 - "Claimant" defined

Current through June 11, 2024
"Claimant" means a person who applies for or claims any right
				or benefit from an insurer because of any accident under chapters 616A to 616D,
				inclusive, of NRS or any occupational disease under chapter 617 of NRS.
				"Claimant," "injured employee" and "injured worker" are deemed to be equivalent
				and are used interchangeably in chapters 616A to 616D, inclusive, of
				NAC.
Hearings Div., Practice Rule II subsec. 3, eff. 2-26-80-NAC A by Dep't of Industrial Relations, 10-26-83-Substituted in revision for NAC 616.016;	A by
				R032-21A,
				eff. 8/1/2023
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.085 - "Electronic transmission" defined

Current through June 11, 2024
"Electronic transmission" means the sending of information in a legible manner by electronic means, including, without limitation, by facsimile machine, computer, electronic mail or scanner. As used in NRS 616A.417, 616C.040 and 616C.045, the Division will interpret "electronic transmission" to have the meaning ascribed to it in this section.
Added to NAC by Div. of Industrial Relations by R093-98, eff. 12-18-98
NRS 616A.400, 616A.417, 616C.040, 616C.045
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.120 - "Fiscal year" defined

Current through June 11, 2024
"Fiscal year" means a 12-month period as determined by the Commissioner.
Industrial Comm'n, No. 31.101, eff. 10-13-77-NAC A by Comm'r of Insurance by R086-98, 6-26-98
NRS 679B.130
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.130 - "Hearing officer" defined

Current through June 11, 2024
"Hearing officer" means an officer appointed by the Chief of the Hearings Division to conduct initial administrative hearings for review of final determinations made by the staff of an insurer in contested claims for compensation under chapters 616A to 617, inclusive, of NRS.
Hearings Div., Practice Rule II subsec. 2, eff. 2-26-80-Substituted in revision for NAC 616.032
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.170 - "Manual" defined

Current through June 11, 2024
"Manual" means the classifications and basic rates filed by the Advisory Organization, as defined in NRS 616A.045, and adopted by the Commissioner.
Added to NAC by Industrial Insurance System, eff. 10-26-83; A by Comm'r of Insurance by R086-98, 6-26-98
NRS 679B.130
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.181 - "Office" defined

Current through June 11, 2024
"Office" means a place of business which is located in this State and which is operated and maintained by an insurer or third-party administrator. The term does not include the private residence of a person who works for the insurer or third-party administrator.
Added to NAC by Div. of Industrial Relations by R007-06, eff. 6-1-2006
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.190 - "Patient" defined

Current through June 11, 2024
"Patient" means any person who receives treatment by a panel physician or chiropractor or any other provider of medical care operating within the scope of his or her license for an industrial injury or occupational disease accepted by the insurer.
Industrial Comm'n, No. 23.010 subsec. 2, eff. 7-1-73; renumbered as 13.010 subsec. 2, 6-30-82-NAC A by Div. of Industrial Insurance Regulation, 2-22-88-Substituted in revision for NAC 616.042
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.200 - "Payroll" defined

Current through June 11, 2024
"Payroll" means, for the purpose of computing premiums for workers' compensation to be paid by an employer who is not a self-insured employer or a member of an association of self-insured public or private employers, the first $36,000 paid by each employer to any one employee during a policy year and includes, without limitation:
1. Salary.
2. Commissions.
3. Piecework.
4. Incentive pay.
5. Vacation pay.
6. Sick pay.
7. Holiday pay.
8. Wages.
9. Bonuses.
10. Overtime pay.
11. Termination pay.
12. Travel time pay which is compensation for time spent traveling.
13. Tips collected and disbursed by employers which were not paid at the discretion of the customer.
14. Tips not included in subsection 13 which the employee has reported pursuant to 26 U.S.C. §
									6053(a).
15. Tool allowance or rental, including vehicle rental or usage, where no accounting is required of the employee.
16. Reasonable market value of board, rent, housing, lodging or similar advantage received from an employer. The value for board and room must be reported at a minimum of $150 monthly, $5 daily or $1.50 per meal and the value for a room alone at a minimum of $50 per month.
17. Cafeteria plan benefits provided to the employee at the employee's option, in lieu of salary pursuant to section 125 of the Internal Revenue Code of 1986.
18. All deemed wages defined by provisions of chapters 616A to 617, inclusive, of NRS.
Added to NAC by Div. of Industrial Relations by R093-98, 12-18-98, eff. 7-1-99
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.270 - "Vocational rehabilitation" defined

Current through June 11, 2024
"Vocational rehabilitation" means the process of assisting an injured employee, whose education, experience, job skills and aptitude can be modified through education or vocational training, to return to gainful employment.
Industrial Comm'n, No. 14.004, eff. 3-26-82; renumbered as 6.004, 6-30-82-NAC A by Div. of Industrial Relations, 1-20-94-Substituted in revision for NAC 616.057
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.275 - "Workers' Compensation Section" defined

Current through June 11, 2024
"Workers' Compensation Section" means the Workers' Compensation Section of the Division of Industrial Relations of the Department of Business and Industry.
Added to NAC by Div. of Industrial Insurance Regulation, 10-26-83; A by Div. of Industrial Relations by R108-09, 6-30-2010-Substituted in revision for NAC 616A.140
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.290 - Construction

Current through June 11, 2024
The provisions of chapters 616A to 617, inclusive, of NAC must be construed to secure a just, speedy and economical determination of all matters concerning workers' compensation.
Added to NAC by Div. of Industrial Relations by R093-98, 12-18-98, eff. 7-1-99
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.300 - Scope

Current through June 11, 2024
The provisions of chapters 616A to 616D, inclusive, of NAC concern workers' compensation and govern the determination and payment of benefits and compensation for injuries, disability, occupational disease and death.
Industrial Comm'n, No. 1.010, eff. 6-30-82-NAC A by Dep't of Industrial Relations, 10-26-83; A by Div. of Industrial Relations by R093-98, 12-18-98
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › GENERAL PROVISIONS › Section 616A.310 - Computation of time

Current through June 11, 2024
In computing any period of time prescribed in chapters 616A to 616D, inclusive, of NAC, the day of the act from which the designated period begins to run must not be included. The last day of the period so computed must be included unless it is a Saturday, Sunday or legal holiday, and in that case, the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.
Industrial Comm'n, No. 2.041, eff. 6-30-82-Comm'r of Insurance
NRS 679B.130
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF BUSINESS AND INDUSTRY › Section 616A.390 - Administrator of Division: Performance of duties

Current through June 11, 2024
The Administrator will perform each duty he or she is required to perform pursuant to chapters 616A to 617, inclusive, of NAC or will designate a person to perform the duty on his or her behalf.
Added to NAC by Div. of Industrial Relations by R105-00, 1-18-2001, eff. 3-1-2001
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF BUSINESS AND INDUSTRY › Section 616A.400 - Correspondence with Division or any of its sections

Current through June 11, 2024
1. All correspondence and other documents being submitted to the Division or any of its sections must be addressed to the Division, or one of its suboffices, and not to an individual member of its staff. Correspondence and documents shall be deemed to be officially received only if they have been so addressed.
2. Informal communications may be made with individual members of the staff of the Division or any of its sections.
Industrial Comm'n, No. 2.030, eff. 6-30-82-NAC A by Dep't of Industrial Relations, 10-26-83-Substituted in revision for NAC 616.070
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF BUSINESS AND INDUSTRY › Section 616A.410 - Time to respond to request of Administrator for information

Current through June 11, 2024
If the Administrator or the Administrator's designated agent requests information in writing from an employer, an insurer, a third-party administrator, an organization for managed care or a provider of health care, the person from whom the information is requested shall, except as otherwise provided in NRS 616A.480 or specified in the request, ensure that the response to the request is received by the Administrator or the designated agent within 30 days after receipt of the request.
Added to NAC by Div. of Industrial Insurance Regulation, eff. 2-22-88; A by Div. of Industrial Relations by R006-97, 12-9-97
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF BUSINESS AND INDUSTRY › Section 616A.420 - Declaratory order or advisory opinion of Division

Current through June 11, 2024
Any interested person may petition the Division for a declaratory order or advisory opinion as to the applicability of any statutory provision, regulation or decision of the Division, or any of its sections, as follows:
1. A petition for a declaratory order or advisory opinion must set forth the name and address of the petitioner and contain a clear and concise statement of the issues to be decided by the Division in its declaratory order or advisory opinion.
2. A petition filed pursuant to this section is submitted for consideration by the Division when an original and three copies of the petition, and any supporting documentation, are filed with the Administrator.
3. The Division will respond to any such petition within 60 days of receipt.
Added to NAC by Dep't of Industrial Relations, eff. 6-29-84-Substituted in revision for NAC 616.0703
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF BUSINESS AND INDUSTRY › Section 616A.430 - Clarification of certain provisions or relief from strict application (Repealed)

Current through June 11, 2024
Added to NAC by Dep't of Industrial Relations, eff. 3-15-84; A 6-29-84; A by Div. of Industrial Relations by R006-97, 12-9-97; R105-00, 1-18-2001, eff. 3-1-2001; R118-02, 9-7-2005; R by R130-14, eff. 9/9/2016
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF BUSINESS AND INDUSTRY › Section 616A.440 - Petition requesting adoption, amendment or repeal of regulation

Current through June 11, 2024
1. A petition requesting that the Division adopt, amend or repeal a regulation must include:
(a) The name and address of the petitioner;
(b) A clear and concise statement of the regulation to be adopted, amended or repealed; and
(c) The reasons for the adoption, amendment or repeal of the regulation.
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › POSTERS AND FORMS › Section 616A.460 - Informational poster to be displayed by employers

Current through June 11, 2024
1. Each employer governed by the provisions of chapters 616A to 617, inclusive, of NRS shall prominently display at his or her place of business a poster with the language and in the format specified in Form D-1.
2. The title of the poster must be printed in not less than 20-point bold type. The required statement concerning questions and problems relating to claims must be printed in not less than 12-point bold type. The text appearing on the remainder of the poster must be printed in not less than 10-point type. The poster must be at least 11 inches by 17 inches in size.
3. Each employer shall:
(a) Display the poster as required by this section; and
(b) Advise his or her employees of the name, business address and telephone number of his or her insurer's or third-party administrator's adjuster in this State that is located nearest to the employer's place of business for their claims for workers' compensation.
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › POSTERS AND FORMS › Section 616A.470 - Poster to be displayed by employers with employees who receive tips

Current through June 11, 2024
1. Each employer governed by the provisions of chapters 616A to 617, inclusive, of NRS who has employees who receive tips shall prominently display a poster with the language and in the format specified in Form D-22.
2. The poster must be at least 8 1/2 inches by 11 inches in size and posted in such a manner as to be readily visible by all employees.
Added to NAC by Div. of Industrial Insurance Regulation, eff. 2-22-88; A by Div. of Industrial Relations, 3-28-94-Substituted in revision for NAC 616.255
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › POSTERS AND FORMS › Section 616A.480 - Use, alteration, printing and distribution of certain posters and forms

Current through June 11, 2024
1. The following posters and forms or data
			 must be used by an insurer, employer, injured employee, provider of health
			 care, organization for managed care or third-party administrator in the
			 administration of claims for workers' compensation:
(a) D-1, Informational Poster - Displayed by
			 Employer. The informational poster must include the language contained in Form
			 D-2, and the name, business address, telephone number and contact person of:
(1) The insurer;
(2) The third-party administrator, if
			 applicable;
(3) The organization
			 for managed care or providers of health care with whom the insurer has
			 contracted to provide medical and health care services, if applicable;
			 and
(4) The name, business address
			 and telephone number of the insurer's or third-party administrator's adjuster
			 in this State that is located nearest to the employer's place of
			 business.
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › LICENSING OF BUSINESS BY LOCAL GOVERNMENT › Section 616A.500 - Duties of public licensing authority

Current through June 11, 2024
Added to NAC by Div. of Industrial Insurance Regulation, 3-5-92, eff. 4-1-92; A by Div. of Industrial Relations by R093-98, 12-18-98; R by R136-14, eff. 6/28/2016
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › LICENSING OF BUSINESS BY LOCAL GOVERNMENT › Section 616A.510 - Affidavit concerning industrial insurance

Current through June 11, 2024
Added to NAC by Div. of Industrial Insurance Regulation, 3-5-92, eff. 4-1-92; A by Div. of Industrial Relations, 3-28-94; R108-09, 6-30-2010-Substituted in revision for NAC 616.2675; R by R136-14, eff. 6/28/2016
NRS 616A.400
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › ADMINISTRATORS › Section 616A.550 - Certificate of registration: Grounds for refusal to recommend for final approval

Current through June 11, 2024
1. The Division may refuse to recommend for final approval an application for a certificate of registration as an administrator pursuant to subsection 3 of NRS 683A.08524 because:
(a) A principal of the applicant was formerly a principal of a third-party administrator or insurer which has an outstanding debt owing to the Division or an injured employee;
(b) The information in the application reveals that the applicant does not maintain, based on the experience, caseload and number of clients of its adjuster, a sufficient number of experienced and qualified persons to properly administer claims; or
(c) Any other reason the Division determines may hinder the prompt and efficient payment of compensation to injured employees.
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › EXTERNAL REVIEW ORGANIZATIONS › Certification › Section 616A.600 - Application for initial issuance of certificate: Generally

Current through June 11, 2024
Except as otherwise provided in NAC 616A.610, an external review organization applying for the initial issuance of a certificate to conduct external reviews must submit to the Commissioner, on a form prescribed by the Commissioner, an application in writing and must provide to the Commissioner at the time of application:
1. A written statement that identifies:
(a) The number of external reviewers that the external review organization employs, contracts with or otherwise retains to conduct external reviews;
(b) The specialty of each external reviewer;
(c) Whether each external reviewer is certified by the entity that regulates his or her specialty; and
(d) The schedule of fees that the external review organization will charge to conduct an external review.
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › EXTERNAL REVIEW ORGANIZATIONS › Certification › Section 616A.610 - Application for initial issuance of certificate: Organization certified or accredited by accrediting body that is nationally recognized

Current through June 11, 2024
If an external review organization has been certified or accredited as an external review organization by an accrediting body that is nationally recognized, an external review organization applying for the initial issuance of a certificate to conduct external reviews must submit to the Commissioner, on a form prescribed by the Commissioner, an application in writing and must provide to the Commissioner at the time of application:
1. Proof that the external review organization has been certified or accredited as an external review organization by an accrediting body that is nationally recognized;
2. A copy of the certification or accreditation standards of the accrediting body;
3. A copy of the most recent review of the external review organization conducted by the accrediting body;
4. A copy of the schedule of fees that the external review organization will charge to conduct an external review; and
5. All applicable fees required, including, without limitation, all applicable fees required pursuant to NAC 616A.640, for the initial issuance of a certificate to conduct external reviews.
Added to NAC by Comm'r of Insurance by R127-03, eff. 12-16-2003; A by R103-09, 1-28-2010
NRS 616A.469, 679B.130
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › EXTERNAL REVIEW ORGANIZATIONS › Certification › Section 616A.620 - Issuance of certificate by Commissioner

Current through June 11, 2024
Except as otherwise provided in NAC 616A.650, if an external review organization applying for the initial issuance of a certificate to conduct external reviews submits the application and accompanying materials required pursuant to NAC 616A.600 or 616A.610, the Commissioner will issue to the applicant a certificate to conduct external reviews.
Added to NAC by Comm'r of Insurance by R127-03, eff. 12-16-2003
NRS 616A.469, 679B.130
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › EXTERNAL REVIEW ORGANIZATIONS › Certification › Section 616A.630 - Expiration and renewal of certificate

Current through June 11, 2024
1. In accordance with NRS 616A.469, a certificate to conduct external reviews expires 1 year after the date the certificate is issued by the Commissioner.
2. Except as otherwise provided in NAC 616A.650, the Commissioner will issue a renewal of a certificate to conduct external reviews if the external review organization submits to the Commissioner:
(a) On a form prescribed by the Commissioner, an application in writing for the renewal of the certificate to conduct external reviews;
(b) A copy of the schedule of fees that the external review organization will charge to conduct an external review; and
(c) All applicable fees required, including, without limitation, all applicable fees required pursuant to NAC 616A.640, for the renewal of a certificate to conduct external reviews.
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › EXTERNAL REVIEW ORGANIZATIONS › Certification › Section 616A.640 - Fees of Commissioner

Current through June 11, 2024
The Commissioner will charge and collect:
1. Except as otherwise provided in subsection 2, from an external review organization submitting an application for the initial issuance of a certificate to conduct external reviews pursuant to NAC 616A.600 or 616A.610, a fee of $400.
2. From an external review organization submitting an application for:
(a) The initial issuance of a certificate to conduct external reviews pursuant to NAC 616A.600 or 616A.610; and
(b) The initial issuance of a certificate to conduct external reviews pursuant to NRS 683A.371, and the regulations adopted pursuant thereto,
a fee of $600.
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › EXTERNAL REVIEW ORGANIZATIONS › Certification › Section 616A.650 - Refusal, suspension or revocation of certification: Grounds; surrender of certificate

Current through June 11, 2024
1. The Commissioner may refuse to issue or renew, or may suspend or revoke, a certificate to conduct external reviews if the Commissioner determines that an external review organization:
(a) Has violated the provisions of NRS 616A.469 or 616C.363, or NAC 616A.600 to 616A.670, inclusive;
(b) Has had a license, certificate or registration to operate as an external review organization denied for cause, suspended or revoked by any other state; or
(c) Has misrepresented facts on an application submitted to the Commissioner for the issuance or renewal of a certificate to conduct external reviews.
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › EXTERNAL REVIEW ORGANIZATIONS › Certification › Section 616A.660 - Duties of organization upon termination of certification or accreditation by accrediting body that is nationally recognized

Current through June 11, 2024
An external review organization issued a certificate to conduct external reviews by the Commissioner pursuant to NAC 616A.610 shall:
1. Notify the Commissioner if the accrediting body revokes, suspends or otherwise terminates the certification or accreditation of the external review organization; and
2. Provide to the Commissioner a copy of the findings of any review of the external review organization conducted by the accrediting body.
Added to NAC by Comm'r of Insurance by R127-03, eff. 12-16-2003
NRS 616A.469, 679B.130
Nevada Administrative Code › Chapter 616A - Industrial Insurance: Administration › EXTERNAL REVIEW ORGANIZATIONS › Conduct of Business › Section 616A.670 - Fees to conduct external reviews

Current through June 11, 2024
The fees an external review organization issued a certificate to conduct external reviews may charge to conduct external reviews:
1. Must be reasonable;
2. Must not exceed the fees set forth in the schedule of fees submitted by the external review organization to the Commissioner pursuant to NAC 616A.600, 616A.610 or 616A.630; and
3. Must comply with all applicable statutes and regulations.
Added to NAC by Comm'r of Insurance by R127-03, eff. 12-16-2003
NRS 616A.469, 616C.363, 679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › Section 616B.Sec. 3.2 - NEW

Current through June 11, 2024
1. Except as otherwise provided in subsection
		  11, a private carrier may purchase an annuity payable to an employee who has
		  filed a claim pursuant to chapters 616A to 617, inclusive, of NRS, or to the
		  employee's beneficiary, for the compensation owed to the employee as a result
		  of an industrial injury or occupational disease, except accident benefits, if:
(a) The annuity is purchased from an insurer
		  authorized to do business in this State;
(b) The employee or beneficiary is the
		  annuitant and all payments made pursuant to the annuity will be made directly
		  to the employee or the beneficiary; and
(c) The purchase of the annuity by the
		  private carrier on behalf of the employee is made to provide compensation owed
		  to the employee or the beneficiary pursuant to chapters 616A to 617, inclusive,
		  of NRS.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › Section 616B.Sec. 4.2 - NEW

Current through June 11, 2024
A self-insured employer may not receive reimbursement from the
			 Subsequent Injury Account for Self-Insured Employers created by
			 NRS
			 616B.554 for expenditures for:
1. Increases in compensation for a permanent
		  total disability which are reimbursable to the self-insured employer pursuant
		  to NRS
		  616C.266; or
2. Increases in death benefits which are
		  reimbursable to the self-insured employer from the Fund for Workers'
		  Compensation and Safety pursuant to
		  NRS
		  616C.268.
Added
			 to NAC by Div. of Industrial Relations by
			 R134-20A,
			 eff. 9/20/2022;
			 Added to NAC by Div. of Industrial Relations by
			 R134-20RA,
			 eff. 12/19/2022
NRS
				616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › Section 616B.Sec. 5.2 - NEW

Current through June 11, 2024
An association may not receive reimbursement from the Account for
			 expenditures for:
1. Increases in
		  compensation for a permanent total disability which are reimbursable to the
		  association pursuant to
		  NRS
		  616C.266; or
2. Increases in death benefits which are
		  reimbursable to the association from the Fund for Workers' Compensation and
		  Safety pursuant to NRS
		  616C.268.
Added
			 to NAC by Div. of Industrial Relations by
			 R134-20A,
			 eff. 9/20/2022;
			 Added to NAC by Div. of Industrial Relations by
			 R134-20RA,
			 eff. 12/19/2022
NRS
				616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › GENERAL PROVISIONS › Section 616B.001 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in:
1.NRS
			 616A.030 to
			 616A.360,
			 inclusive; and
2. NAC 616A.015 to
			 616A.275, inclusive,
have the meanings ascribed to them in those sections.
Supplied in
				codification; A by Industrial Insurance System by R165-97, 12-31-97, eff.
				1-1-98; A by Div. of Industrial Relations by R007-06,
				6-1-2006
NRS
				  616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › GENERAL PROVISIONS › Section 616B.008 - Insurers and employers: Disclosure of information

Current through June 11, 2024
1. To
			 obtain information for the proper presentation of his or her claim in a
			 proceeding held pursuant to chapters 616A to 616D, inclusive, of NRS, an
			 injured employee or a person who has been authorized by the injured employee to
			 represent him or her must deliver a written request to his or her insurer or
			 employer. The insurer or employer shall provide such information to the injured
			 employee or an authorized representative thereof within 30 days after receipt
			 of the written request. If, at the time of receipt of the written request from
			 the injured employee or an authorized representative, the requested information
			 is in the possession of a third-party administrator, or an organization for
			 managed care or a provider of health care with whom the insurer has contracted,
			 the insurer shall take all reasonable steps necessary to obtain such
			 information.
2. To obtain
			 confidential information pursuant to subsection 3 of
			 NRS
			 616B.012, the requesting agency, department
			 or board must deliver to the insurer a written request that must:
(a) Be written on the official letterhead of
			 the requesting agency, department or board;
(b) State the purpose for which the
			 requesting agency, department or board will use the requested
			 information;
(c) Contain all
			 pertinent information available to the requesting agency, department or board
			 to identify:
(1) The injured employee,
			 including, without limitation, his or her name, social security number, date of
			 birth and the date of the injury; or
(2) The employer, including, without
			 limitation, his or her name, the name and address of the business, the names of
			 the owners of the business and the employer's policy number; and
(d) Contain any other information
			 that the insurer may need to process the request.
The insurer may require additional information to process the
				request. The insurer shall provide the requested confidential information to
				the requesting agency, department or board within 30 days after receiving the
				written request.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › GENERAL PROVISIONS › Section 616B.010 - Maintenance of files for claims; address to be used for correspondence and other documents

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2 and NAC 616B.013, copies of all claim files
			 maintained by an insurer, third-party administrator or organization for managed
			 care pursuant to chapters 616A to 617, inclusive, of NRS or regulations adopted
			 pursuant thereto must be maintained in one of its offices located in this
			 State.
2. Any Form C-4, Employee's
			 Claim for Compensation/Report of Initial Treatment, submitted to an insurer,
			 third-party administrator or organization for managed care that concerns a
			 claim for compensation which is being administered pursuant to chapters 616A to
			 617, inclusive, of NRS or any regulations adopted pursuant thereto must be
			 addressed to the insurer, third-party administrator or organization for managed
			 care at one of its offices located in this State. All other correspondence and
			 other documents submitted to an insurer, third-party administrator or
			 organization for managed care that concern a claim for compensation that is
			 being administered pursuant to chapters 616A to 617, inclusive, of NRS or
			 regulations adopted pursuant thereto must be addressed to the insurer,
			 third-party administrator or organization for managed care at one of its
			 offices located in this State or to a facility located outside this State for
			 the sole purpose of electronic scanning of the correspondence and documents to
			 the claim file. All correspondence and documents shall be deemed to be
			 officially received only if they have been so addressed.
Added to NAC by Div. of
				Industrial Relations by R208-97, eff. 4-17-98; A by R105-00, 1-18-2001, eff.
				3-1-2001; A by
				R132-14,
				eff. 6/28/2016
NRS
				  616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › GENERAL PROVISIONS › Section 616B.013 - Availability, location and inspection of files of claims of injured workers; report of findings to insurer

Current through June 11, 2024
1. An insurer or
			 third-party administrator shall ensure that each file of any claim of an
			 injured worker concerning an industrial injury which is filed in accordance
			 with chapters 616A to 617, inclusive, of NRS or a regulation adopted pursuant
			 thereto is available for inspection during regular business hours by:
(a) The injured worker;
(b) The attorney or other authorized
			 representative of the injured worker;
(c) The Commissioner or a designee thereof;
			 or
(d) The Administrator.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › GENERAL PROVISIONS › Section 616B.016 - Reports of claims (Repealed)

Current through June 11, 2024
Added to NAC by Div. of
				Industrial Relations by R105-00, 1-18-2001, eff. 3-1-2001; A by
				R134-20A,
				eff. 9/20/2022;
				Added to NAC by Div. of Industrial Relations by
				R134-20RA,
				eff. 12/19/2022;	R
				by
				R028-23A,
				eff. 2/20/2024
NRS 616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › GENERAL PROVISIONS › Section 616B.018 - Notice to Administrator of accident or exposure to disease-causing agent or fatality from accident or exposure

Current through June 11, 2024
1. Within 30 days
			 after an insurer receives notice that an employee has been:
(a) Involved in an accident; or
(b) In close proximity to or has had contact
			 with a disease-causing agent that may have a harmful effect on the employee,
the insurer shall notify the Administrator if the accident
				resulted in injury to, or the exposure to the disease-causing agent affected or
				is expected to affect, two or more persons.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › GENERAL PROVISIONS › Section 616B.021 - Payment of compensation, benefit penalty, or penalty for unreasonable delay or refusal to pay claim

Current through June 11, 2024
Not later than the date that compensation is due to a claimant,
				an insurer or third-party administrator shall:
1. Mail a check for compensation, a benefit
			 penalty or a penalty imposed pursuant to
			 NRS
			 616C.065 to:
(a) The claimant; or
(b) Upon the written direction of the
			 claimant, the attorney or other authorized representative of the claimant;
			 or
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › GENERAL PROVISIONS › Section 616B.023 - Determination of value of meal as wages

Current through June 11, 2024
For the purpose of determining the average monthly wage used in
				the calculation of disability compensation, the reasonable value of a meal
				furnished by an employer to an employee is the value, if any, specified in the
				collective bargaining agreement between the employee and the employer. Meals
				will be valued by the cost to the employer per meal for the purposes of
				determining payroll.
Added to NAC by Div. of
				Industrial Relations by R112-98, 12-18-98, eff.
				7-1-99
NRS
				  616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › GENERAL PROVISIONS › Section 616B.029 - Report of change in ownership of business

Current through June 11, 2024
An employer covered by a policy for workers' compensation shall
				immediately report to his or her insurer any change in the ownership of the
				ongoing business.
Added to NAC by Div. of
				Industrial Relations by R112-98, 12-18-98, eff.
				7-1-99
NRS
				  616A.400