Nevada Administrative Code

NAC 616C.274 Form for requesting hearing before hearing officer or for notice of appeal; information required to be provided by insurer or third-party administrator. (NRS 616C.310) 1. A request for a hearing before a hearing officer or a notice of appeal filed with the Hearings D…

NAC 616C.2745 Hearing on decision concerning accident benefits made by organization for managed care. (NRS 616C.310) An appeals officer shall not convene a hearing on a dispute that is required to be submitted to a procedure for resolving disputes pursuant to NRS 616C.305 until a…

NAC 616C.275 Procedure for submission of contested claim directly to appeals officer. (NRS 616C.310) 1. Parties to a contested claim who wish to forego a hearing before a hearing officer and submit the contested claim directly to an appeals officer must: (a) If a request for a he…

NAC 616C.2753 Hearing or adjudication conducted by Hearings Division at request of another agency. (NRS 233B.050, 616C.310) If the Hearings Division, pursuant to chapter 277 of NRS, enters into an agreement with another agency in which the Hearings Division agrees to hold a heari…

NAC 616C.2755 Assistance in interpreting English language during proceedings. (NRS 616C.310) 1. A party, other than a person with a communications disability, who requires assistance in interpreting the English language during any hearing held before a hearing officer must arrang…

NAC 616C.277 Scheduling of prehearing conference by appeals officer. (NRS 616C.310) 1. An appeals officer may schedule a prehearing conference in any appeal filed to discuss settlement, discovery, scheduling, or other matters pertinent to the appeal, including, without limitation…

NAC 616C.278 Additional conferences called by appeals officer; request for assignment of matter for mediation. (NRS 616C.310) 1. In addition to a prehearing conference authorized pursuant to NAC 616C.277, an appeals officer may, in regard to any proceeding that is being heard bef…

NAC 616C.279 Failure of party to appear. (NRS 616C.310) 1. If a party who appeals fails to appear after due notice has been given and good cause is not shown for the failure to appear, the hearing officer may dismiss the case with prejudice. 2. An appeals officer may dismiss with…

NAC 616C.282 Failure to comply with regulations. (NRS 616C.310) If a party or his or her counsel or licensed representative fails or refuses to comply with NAC 616C.274 to 616C.336, inclusive, the hearing or appeals officer may make such orders as are necessary to direct the cour…

NAC 616C.2823 Failure to respond to request for determination. (NRS 616C.310) 1. If an insurer fails to respond to a written request for a determination within 30 days after receipt of such a request, the person who made the request may: (a) File a request for a hearing before a …

NAC 616C.2825 Information required for appeal of a final determination. (NRS 616C.310) 1. Except as otherwise provided in subsection 3, if a hearing officer receives an appeal of a final determination of an insurer that does not include, if applicable, a copy of the letter of the…

NAC 616C.2827 Consolidation with pending case; request for consolidation; service; approval. (NRS 616C.310) 1. An appeal of a hearing officer’s decision may be consolidated with a case pending before the appeals officer: (a) At the request of a party to the appeal of a hearing of…

NAC 616C.284 Request for issuance of subpoena; approval or denial of request. (NRS 616C.310) 1. A party who wishes a hearing or appeals officer to issue a subpoena requiring the attendance of a witness or the production of a book, account, paper, record, or other document must su…

NAC 616C.285 Failure to comply with order or subpoena. (NRS 616C.310) 1. Any party aggrieved by a person’s failure or refusal to comply with an order or subpoena may apply to the appeals officer or hearing officer for an order certifying the disobedience or refusal to comply. 2. …

NAC 616C.291 Filing and service of documents. (NRS 616C.310) For the purposes of NAC 616C.282 to 616C.336, inclusive: 1. Filing occurs when the original document is received by and is in the actual physical custody of the Hearings Division. 2. A document over five pages in length…

NAC 616C.294 Proof of service. (NRS 616C.310) Proof of service may be made by certificate of the counsel for a party or of the counsel’s employee, or by written admission, affidavit, or other proof satisfactory to the appeals officer. Failure to make proof of service does not aff…

NAC 616C.297 Requirements for filing and service of information. (NRS 616C.310) 1. Within the times prescribed in subsection 2, all parties shall file with the appeals officer and serve upon all other parties: (a) All documents to be introduced as evidence at the hearing; (b) A s…

NAC 616C.300 Service of copies of documents by insurer; submission of documents to Hearings Division; provision of documents to insurer. (NRS 616C.310) 1. The insurer shall, within 30 days after notice of hearing before an appeals officer or, if a prehearing conference is schedul…

NAC 616C.303 Papers and documents. (NRS 616C.310) 1. Papers and documents filed pursuant to NAC 616C.282 to 616C.336, inclusive, need not conform to any particular format. 2. All papers and documents and copies thereof must be legible. 3. A party shall furnish to the counsel for …

NAC 616C.305 Request or application to permit discovery by deposition, interrogatories or production of documents. (NRS 616C.310) 1. A party who wishes an appeals officer to permit discovery by deposition, interrogatories or production of documents must request such discovery at …

NAC 616C.306 Proposed findings of fact and conclusions of law; motion to amend. (NRS 616C.310) 1. An appeals officer may order a party to prepare proposed findings of fact and conclusions of law. 2. If an appeals officer orders a party to prepare proposed findings of fact and con…

NAC 616C.307 Evidence recorded on videotape, digitally or in any other electronic medium. (NRS 616C.310) 1. A party who wishes to introduce evidence before an appeals officer that is recorded on videotape, as a digital recording or in any other electronic medium, must submit to t…

NAC 616C.309 Testimony by telephone. (NRS 616C.310) 1. Testimony may be taken by a hearing or appeals officer by use of the telephone. The hearing or appeals officer shall determine any issues relating to the credibility of such testimony in the same manner as the credibility of …

NAC 616C.312 General requirements for motions. (NRS 616C.310) 1. All motions, except those made during the hearing, must be filed with the appeals officer and a copy thereof served by the moving party upon all other parties. 2. Within 10 days after the service of a motion, an opp…

NAC 616C.313 Motion for change of venue. (NRS 616C.310) 1. A party who wishes to transfer a hearing to or from Carson City or Las Vegas must submit a written motion for a change of venue to the hearing or appeals officer with whom the contested claim was filed at least 10 days be…

NAC 616C.315 Stay of decision of hearing officer. (NRS 616C.310) 1. An application for a stay of a decision of a hearing officer must: (a) Be filed with an appeals officer; (b) Be served on all opposing parties; (c) Contain supporting points and authorities; and (d) Include alter…

NAC 616C.318 Continuances. (NRS 616C.310) Continuance of any matter set for hearing before a hearing officer or an appeals officer may be granted by the hearing officer or appeals officer only upon: 1. His or her own motion, for good cause; 2. Written stipulation of the parties a…

NAC 616C.320 Conduct of parties. (NRS 616C.310) All parties to a hearing or other proceeding conducted pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, their counsel or licensed representative…

NAC 616C.321 Counsel of record. (NRS 616C.310) Counsel of record shall be deemed to be counsel for the party in all proceedings before the appeals officer until written notice of the withdrawal and the substitution of counsel is filed with the appeals officer. (Added to NAC by He…

NAC 616C.324 Counsel to be licensed to practice law. (NRS 616C.310) Any counsel appearing on behalf of a party in any proceeding before an appeals officer must be licensed to practice law before all the courts of this State. (Added to NAC by Hearings Div., eff. 11-26-84)—(Substit…

NAC 616C.327 Rehearings. (NRS 616C.310) 1. A written petition for a rehearing based on good cause or newly discovered evidence may be filed with the appeals officer within 15 days after the service of a notice of the final decision. A copy of the petition must be served upon the …

NAC 616C.328 Judicial review. (NRS 616C.310) If a party to an appeal seeks judicial review of the opinion of an appeals officer pursuant to NRS 616C.370: 1. The party shall, within 10 days after receiving the final decision of the court in which judicial review was sought, provid…

NAC 616C.330 Records of hearings. (NRS 616C.310) 1. Every hearing before an appeals officer must be recorded as provided in NRS 616C.360. 2. A record of a proceeding maintained by the appeals officer is the official record of the proceeding. 3. The parties may supplement or amend…

NAC 616C.333 Reimbursement for expenses incurred for attendance at hearing. (NRS 616A.400, 616C.365) 1. A claimant requesting reimbursement for expenses incurred for attendance at a hearing shall complete the form entitled “Request for Reimbursement of Expenses for Travel and Los…

NAC 616C.334 Interpretation of certain terms used in NRS 616D.065; payment of certain costs by attorney or licensed representative. (NRS 616C.310) 1. As used in NRS 616D.065, the Hearings Division will interpret: (a) “Costs that are incurred by the Hearings Division of the Depart…

NAC 616C.335 Petitions concerning regulations. (NRS 233B.100, 616C.310) 1. A petition requesting that the Hearings Division adopt, file, amend or repeal a regulation must include, without limitation: (a) The name and address of the petitioner; (b) A clear and concise statement of…

NAC 616C.336 Clarification of regulations and relief from strict application. (NRS 616C.310) To the extent not elsewhere provided in NAC 616C.274 to 616C.336, inclusive, clarification of those sections or relief from the strict application of any of their terms may be obtained by…

NAC 616C.350 Definitions. (NRS 616C.325) As used in NAC 616C.350 to 616C.377, inclusive, unless the context otherwise requires: 1. “Department” means the Department of Administration. 2. “Director” means the Director of the Department of Administration. 3. “Representative” means …

NAC 616C.353 Application for license; necessary documentation; persons required to comply. (NRS 616C.325) 1. Except as otherwise provided in this section, an applicant for licensing as a representative shall submit to the Department: (a) An application, in a form prescribed by th…

NAC 616C.356 Information concerning prior licensing of applicant. (NRS 616C.325) With respect to any license required to practice a profession or occupation, an applicant shall indicate in the application whether he or she: 1. Has ever been denied such a license; 2. Has ever had …

NAC 616C.359 Examination required; exception; payment of fee for licensure. (NRS 616C.325) 1. Except as otherwise provided in subsection 3, a natural person who: (a) Applies for licensing as a representative; or (b) Is a person described in subsection 4 of NAC 616C.353, Ê must ta…

NAC 616C.362 Verification of information provided by applicant; misstatement as ground for denial of license or disciplinary action. (NRS 616C.325) Any information provided by an applicant is subject to verification by the Director. Any material misstatement made by an applicant …

NAC 616C.365 Maintenance of place of business; notification of address and telephone number; submission of agreement for compensation. (NRS 616C.325) A representative shall: 1. Maintain a place of business in this State at which the representative or an employee can be contacted …

NAC 616C.368 Grounds for revocation, limitation, suspension or refusal to renew license. (NRS 616C.325) 1. Except as otherwise provided in subsection 2, the Director may revoke, limit, suspend for a period of not more than 1 year, or refuse to renew any license issued pursuant to…

NAC 616C.372 Notice to licensee of revocation, limitation, suspension or refusal to renew license; rehearing. (NRS 616C.325) 1. If the Director revokes, limits, suspends or refuses to renew a license issued pursuant to NAC 616C.350 to 616C.377, inclusive, the Director will send n…

NAC 616C.374 Relicensing after revocation of license. (NRS 616C.325) 1. Except as otherwise provided in subsection 2, no representative whose license is revoked may apply for relicensing for 1 year after the date the revocation becomes final. 2. No representative whose license is…

NAC 616C.377 Surrender of license upon revocation or suspension. (NRS 616C.325) Upon the revocation or suspension of his or her license, a representative shall forthwith surrender the license to the Department. If the license has been stolen, lost, or destroyed, the representativ…