Nevada Administrative Code

NAC 612.050 Social security account number required. (NRS 612.220, 612.260) 1. Each employer shall obtain the social security account number of each worker employed by him or her in employment subject to chapter 612 of NRS. 2. The employer shall report the worker’s social securit…

NAC 612.053 Determination of substantially common ownership, management or control of business entities. (NRS 612.220, 612.245, 612.732) In determining whether substantially common ownership, management or control exists between two or more business entities, the Administrator wi…

NAC 612.056 Release of information; fee. (NRS 612.220, 612.265) 1. The Administrator will provide information pursuant to subsection 3 of NRS 612.265 if: (a) An appropriate agency submits a request on a form prescribed by the Administrator; and (b) The Administrator approves the …

NAC 612.060 Wages paid. (NRS 612.220) At such time as the Administrator determines that: 1. Wages payable to an employee for personal services have not been paid to the employee by reason of the financial inability of the employer to pay the wages due; and 2. The employee has fil…

NAC 612.070 Value of payment other than cash. (NRS 612.190, 612.220) 1. If meals, lodging or any other payment in kind, considered as payment for services performed by a person, is in addition to or in lieu of, rather than a deduction from, money wages, the Administrator will det…

NAC 612.080 Subsistence payments. (NRS 612.190, 612.220) Those parts of the amount of payment made by an employer to his or her employee, which are in addition to his or her regular wages and are paid to compensate the employee for expenses inherent in the performance of services…

NAC 612.090 Determination of period of unemployment. (NRS 612.185, 612.220) 1. Except as otherwise provided in this section: (a) A person is totally unemployed in any week during which the person performs no services with respect to which remuneration is payable to him or her. (b…

NAC 612.094 Eligibility of certain persons without registering for work. (NRS 612.220, 612.375) An unemployed person may receive benefits without complying with the requirement of NRS 612.375 to register for work if the person is: 1. Partially unemployed as defined by NAC 612.090…

NAC 612.100 Types of claims. (NRS 612.220, 612.455) 1. An initial claim is a certification of unemployment and notice of intent to claim benefits, if unemployment continues. This claim is the first claim filed in a series of claims. Initial claims are of three types: (a) New clai…

NAC 612.110 Effective date of initial claim; filing of continued claim; appeal of denial of claim; affidavit of identity. (NRS 612.220, 612.455, 612.495) 1. The effective date of an initial claim is: (a) Sunday of the week in which the claim is filed, if the claimant has an activ…

NAC 612.120 Employing units: Notification of claims, determinations and rulings; reports of relevant facts; protest of payment of benefits; relief from charging of benefits. (NRS 612.220, 612.475, 612.551) 1. The last or next to last employing unit that receives a notice of the f…

NAC 612.130 Employing units: Address for notice of determinations and rulings and related correspondence; designation of representative. (NRS 612.220, 612.475) 1. Determinations as to a claimant’s right to benefits, rulings as to the cause of termination of the claimant’s employm…

NAC 612.160 Employing unit: Required signatures. (NRS 612.220, 612.475) 1. Replies to notices of the filing of claims, protests, requests for determinations, redeterminations or rulings, and statements of facts relating to claims, which are submitted by the last or next to last e…

NAC 612.170 Registration and application for work. (NRS 612.220, 612.375, 612.455) 1. A person shall be deemed registered for work at the Division: (a) At the time an application for work is completed or renewed and for as long thereafter as the Division is advised of the claiman…

NAC 612.190 Approval of training by Administrator; duties of trainee. (NRS 612.220, 612.375) 1. The Administrator will approve training that: (a) Is sponsored by or financed by the Secretary of Labor; or (b) Does not exceed 6 months and is given specifically to provide the traine…

NAC 612.222 Request for hearing before appeal tribunal. (NRS 612.220, 612.495) A request for a hearing before the appeal tribunal must be in writing and signed by the appellant or by the appellant’s duly authorized agent. (Added to NAC by Employm’t Security Dep’t, eff. 9-5-84)

NAC 612.225 Notice of hearing; subpoenas; issues. (NRS 612.220, 612.500) 1. Notice of hearing must be sent to each party at least 7 days before the date of the hearing. In addition to the requirements imposed by subsection 2 of NRS 233B.121, the notice must inform each party that…

NAC 612.228 Responsibilities of examiner; exclusion of disorderly persons. (NRS 612.220, 612.500) 1. The determination of the order of taking evidence is within the discretion of the examiner, who has the responsibility to elicit evidence by examining witnesses in a logical and o…

NAC 612.232 Postponement, continuance or rescheduling of hearing. (NRS 612.220, 612.500) 1. The examiner may postpone or continue the hearing on his or her own motion or when requested by a party showing compelling reasons for the continuance or postponement. 2. If a party fails …

NAC 612.235 Decision: Notice of right to appeal; alteration; issuance by different examiner. (NRS 612.220, 612.510) 1. In addition to the requirements imposed by NRS 233B.125, the decision must inform each party of the right of appeal to the Board of Review. After the decision is…

NAC 612.238 Request for appeal. (NRS 612.220, 612.510) 1. A request for appeal filed with the Board of Review must be in writing and signed by the appellant or the appellant’s duly authorized agent. The Board may require the appellant to use the forms for appeal provided by the B…

NAC 612.242 Board of Review: Procedures. (NRS 612.220, 612.515) 1. The Board of Review may restrict the parties to the submission of written arguments or may require the parties to present oral arguments. If the Board refuses to review a decision of the examiner because the exami…

NAC 612.245 Board of Review: Decision. (NRS 612.220, 612.515) Any two members of the Board of Review may decide a case. If one member is absent and the vote of the two remaining results in a tie, the case will be held over for consideration by the full Board. If one member is dis…

NAC 612.248 Board of Review: Reconsideration. (NRS 612.220, 612.515) Any time before the decision becomes final pursuant to subsection 1 of NRS 612.525, the Board of Review may, on giving notice to all parties, reconsider its decision. (Added to NAC by Employm’t Security Dep’t, e…

NAC 612.252 Confidentiality of proceedings. (NRS 612.220, 612.265) Hearings and reviews are confidential proceedings under NRS 612.265 and are closed to the public. (Added to NAC by Employm’t Security Dep’t, eff. 9-5-84) CONTRIBUTIONS REVISER’S NOTE. The regulation of the Adminis…

NAC 612.254 Interpretation of certain statutory terms. (NRS 612.220, 612.545, 612.550, 612.732) The Administrator interprets “a part” of an organization, trade or business as used in NRS 612.545 and “a portion” of a trade or business as used in NRS 612.550 to include, without lim…

NAC 612.256 Use of common paymaster prohibited. (NRS 612.220) 1. An employing unit shall not engage in the use of a common paymaster. Each employing unit for which services are performed is considered a separate business entity and shall report and pay contributions on wages up t…

NAC 612.258 Payrolling prohibited. (NRS 612.220) 1. An employing unit shall not engage in payrolling. Wages must be reported by the employing unit: (a) That has the right to hire and fire the employee; (b) That has the responsibility to control and direct the employee; and (c) Fo…

NAC 612.260 Contributions by employers. (NRS 612.220, 612.535, 612.675) 1. After April 1, 1965, contributions accrue and are payable with respect to wages paid within each calendar quarter. 2. Contributions are due and must be paid on or before the last day of the calendar month …

NAC 612.265 Reimbursement of Fund in lieu of contributions by former employer. (NRS 612.220, 612.550, 612.553) 1. Reimbursement for benefit payments made to former employees of employers who elect to reimburse the Fund in lieu of contributions must be charged to that employer. Th…

NAC 612.270 Schedule of rates of contribution. (NRS 612.220, 612.550) The Administrator establishes the following schedule of contribution rates for eligible employers for calendar year 2023: 1. Class 1: A rate of 0.25 percent is assigned to each employer whose reserve ratio is 1…

NAC 612.280 Transfers of experience record: Conditions for mandatory or voluntary transfer; partial transfer. (NRS 612.220, 612.550, 612.732) 1. Transfers of an experience record are mandatory: (a) If there is substantially common ownership, management or control between two or m…

NAC 612.290 Transfers of experience record: Effects of and restriction on completion; protest and appeal of determination of Division. (NRS 612.220, 612.250, 612.550, 612.732) 1. When a total transfer of an experience record has been completed: (a) Payrolls, contributions paid an…

NAC 612.310 Definitions. As used in NAC 612.310 to 612.430, inclusive, unless the context otherwise requires, the words and terms defined in NAC 612.320 to 612.390, inclusive, have the meanings ascribed to them in those sections. (Supplied in codification)

NAC 612.320 “Base period” and “benefit year” defined. (NRS 612.220, 612.295, 612.750) “Base period” or “benefit year” means the base period or benefit year applicable under the law concerning unemployment compensation of the paying state. [Employm’t Security Dep’t, No. 30 § A sub…

NAC 612.330 “Combined wage claim” defined. (NRS 612.220, 612.295, 612.750) “Combined wage claim” means a claim filed under NAC 612.310 to 612.430, inclusive. [Employm’t Security Dep’t, No. 30 § A subsec. 3, eff. 7-1-73]

NAC 612.340 “Combined wage claimant” defined. (NRS 612.220, 612.295, 612.750) “Combined wage claimant” means a claimant who has covered wages under the laws of more than one state and who has filed a claim under NAC 612.310 to 612.430, inclusive. [Employm’t Security Dep’t, No. 30…

NAC 612.350 “Employment” defined. (NRS 612.220, 612.295, 612.750) “Employment” means all services which are covered under the law concerning unemployment compensation of a state, whether expressed in terms of weeks of work or otherwise. [Employm’t Security Dep’t, No. 30 § A part …

NAC 612.360 “Paying state” defined. (NRS 612.220, 612.295, 612.750) “Paying state” means the state: 1. In which a combined wage claimant files a combined wage claim if he or she qualifies for unemployment benefits in that state on the basis of the combined wages from all involved…

NAC 612.370 “State agency” defined. (NRS 612.220, 612.295, 612.750) “State agency” means the agency which administers the law of a state concerning unemployment compensation. [Employm’t Security Dep’t, No. 30 § A subsec. 2, eff. 7-1-73]

NAC 612.380 “Transferring state” defined. (NRS 612.220, 612.295, 612.750) “Transferring state” means a state in which a combined wage claimant had covered employment and wages in the base period of a paying state, and which transfers the employment and wages to the paying state f…

NAC 612.390 “Wages” defined. (NRS 612.220, 612.295, 612.750) “Wages” means all remuneration for employment. [Employm’t Security Dep’t, No. 30 § A part subsec. 7, eff. 7-1-73]

NAC 612.400 Election to file claim. (NRS 612.220, 612.295, 612.455, 612.750) 1. Any unemployed person who has had covered employment and wages in more than one state may elect to file a combined wage claim if it will provide benefits for which he or she could not otherwise qualif…

NAC 612.410 Responsibilities of paying state. (NRS 612.220, 612.295, 612.750) 1. The paying state must request the transfer of the records of a combined wage claimant’s employment and wages in all states during its base period and determine his or her entitlement to benefits unde…

NAC 612.420 Responsibilities of transferring state. (NRS 612.220, 612.295, 612.750) 1. Each transferring state shall promptly transfer to the paying state the employment and wages the combined wage claimant had in covered employment during the base period of the paying state. Any…

NAC 612.430 Reuse of employment and wages; disagreements between states. (NRS 612.220, 612.295, 612.750) 1. Employment and wages which have been used under NAC 612.310 to 612.430, inclusive, for a determination of benefits which establishes a benefit year may not thereafter be us…

NAC 612.440 Definitions. (NRS 612.220, 612.295, 612.750) As used in NAC 612.440 to 612.470, inclusive, unless the context otherwise requires: 1. “Agency” means any officer, board, commission or other authority charged with the administration of the laws concerning unemployment co…