Nevada Administrative Code Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement
Nevada Administrative Code (NAC) Chapter 616D governs administrative proceedings and enforcement related to industrial insurance in Nevada. This chapter outlines the powers of the Administrator, procedures for handling violations, and penalties for non-compliance by insurers, employers, and other parties involved in the industrial insurance system.(nevada.public.law)
Key Provisions of NAC Chapter 616D
1. Powers of the Administrator and Hearing Officers
Under NAC 616D.050, the Administrator, appeals officers, and the Administrator’s designee have the authority to:(leg.state.nv.us)
Issue subpoenas for witness attendance and document production.
Administer oaths and examine witnesses under oath.
Certify official acts.
Conduct hearings and other proceedings as per the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.(leg.state.nv.us)
2. Investigation of Alleged Violations
According to NAC 616D.130, upon receiving a complaint or identifying a potential violation, the Administrator must:(leg.state.nv.us)
Initiate an investigation within 30 days.
Complete the investigation within 60 days.
Render a determination within 30 days after completing the investigation.(leg.state.nv.us)
If the Administrator fails to respond within 120 days, the aggrieved party may appeal the decision.
3. Administrative Fines and Benefit Penalties
NAC 616D.120 specifies that administrative fines are the exclusive remedies for violations committed by insurers or third-party administrators. Fines are imposed for:(leg.state.nv.us)
Inducing a claimant to fail to report an injury or occupational disease.
Persuading a claimant to settle for less than reasonable compensation.
Unjustified refusal or delay in paying compensation.
Failure to process claims or comply with regulations.(leg.state.nv.us)
Fines range from $1,500 for an initial violation to $15,000 for subsequent violations. Benefit penalties are also imposed and must be paid to the claimant.(leg.state.nv.us)
4. Appeal Process
Individuals aggrieved by the Administrator's determination may appeal by filing a request for a hearing before an appeals officer within 30 days. The appeals officer conducts a de novo hearing and issues a written decision. Failure to file an appeal renders the Administrator's decision final and not subject to further review
Under NAC 616D.200, if an employer fails to provide or maintain required industrial insurance coverage, the Administrator mayier for up to 6 years.
Order the immediate cessation of all business operations at the place of employment until compliance is achieved.(
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