Nevada Administrative Code

NAC 616C.604 Claimants outside of State. (NRS 616A.400, 616C.580) 1. No payment will be made for medical care and vocational rehabilitation services which are provided outside the State without the prior written approval of the insurer or a designated agent thereof unless good ca…

NAC 616C.607 Effect of injury received during program of vocational rehabilitation. (NRS 616A.400, 616C.575) If a previously injured employee is injured, or his or her condition worsens for reasons related to the industrial injury or the occupational disease, while participating …

NAC 616C.610 Right to appeal. (NRS 616A.400) An injured employee who has been denied vocational rehabilitation services or has had vocational rehabilitation services terminated has the same rights of hearing and appeal as are outlined for other injured employees in chapters 616A …

NAC 616C.613 Reports of employee exposure and claims. (NRS 616A.400) 1. Reports relating to employees’ exposure and losses from claims are due by April 1 and must cover employment and loss experience during the preceding calendar year. 2. The Chief will provide employers with the…

NAC 616C.675 Notification by insurer of Administrator; contents. (NRS 616A.400) An insurer shall notify the Administrator at least 60 days before ceasing to provide workers’ compensation coverage in this State. The notification must include, without limitation, the name, business…

NAC 616D.005 Definitions. (NRS 616A.400) 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, and 616D.0055 to 616D.008, inclusive, Ê have the meanings a…

NAC 616D.0055 “Audit period” defined. (NRS 616A.400) “Audit period” means the period over which: 1. An insurer will review; or 2. The Administrator will review or direct an insurer to review, Ê the records of each employer that is insured by the insurer to verify that payrolls we…

NAC 616D.006 “Communication relating to the medical disposition” defined. (NRS 616A.400) “Communication relating to the medical disposition” means any discussion concerning: 1. The injured employee’s: (a) Current medical condition; and (b) Past or predicted future condition if su…

NAC 616D.0065 “Compensated representative of an injured employee” defined. (NRS 616A.400) “Compensated representative of an injured employee” means any person who receives payment for assisting an injured employee to obtain compensation or accident benefits pursuant to chapters 6…

NAC 616D.007 “Expected annual premium” defined. (NRS 616A.400) “Expected annual premium” means an estimate of the total amount of money to be paid by an employer to his or her insurer to provide, secure and maintain compensation as required by the terms of chapters 616A to 616D, …

NAC 616D.008 “Log of oral communications” defined. (NRS 616A.400) “Log of oral communications” means a record, in a written form or in a form from which a written record may be produced, maintained by a person specified in subsection 1 of NRS 616D.330 of any oral communication th…

NAC 616D.009 “Administrator” defined. (NRS 616A.400) As used in NAC 616D.009 to 616D.075, inclusive, unless the context otherwise requires, “Administrator” means the Administrator or a person designated by him or her to conduct a hearing. (Added to NAC by Div. of Industrial Relat…

NAC 616D.010 Procedure at hearings. (NRS 616A.400, 616D.050) At any hearing, an insurer, employer or injured employee, or counsel for any of them or the Administrator may: 1. Call and examine witnesses; 2. Introduce into evidence written exhibits relevant to the issues to be deci…

NAC 616D.012 Scheduling of prehearing conference. (NRS 616A.400, 616D.050) The Administrator may schedule a prehearing conference in any case to discuss settlement, discovery, scheduling or other matters pertinent to the case and may enter any order relating to those matters. (Ad…

NAC 616D.014 Purposes of prehearing. (NRS 616A.400, 616D.050) A prehearing may be held for: 1. Speeding up the pending case. 2. Hearing motions. 3. Mediating a settlement. 4. Submittal of documentary evidence. 5. Narrowing issues. 6. Setting a convenient date for the main hearing…

NAC 616D.016 Failure to comply with regulations. (NRS 616A.400, 616D.050) If a party or his or her counsel fails or refuses to comply with NAC 616D.009 to 616D.075, inclusive, the Administrator may make such orders as are necessary to direct the course of the hearing, including, …

NAC 616D.020 Representation in proceedings. (NRS 616A.400) 1. An insurer or employer may be represented in any proceeding before the Administrator by a corporate officer, employee or other authorized representative. 2. Any attorney appearing on behalf of a party in a proceeding b…

NAC 616D.022 Request for interpreter. (NRS 616A.400, 616D.050) A party who requires assistance in interpreting the English language during a proceeding before the Administrator must notify the Administrator in writing at least 10 days before the hearing at which such assistance i…

NAC 616D.030 Continuances. (NRS 616A.400, 616D.050) A hearing before the Administrator may be continued by the Administrator upon: 1. His or her own motion for good cause; 2. The written stipulation of the parties to the proceeding if written approval is given by the Administrato…

NAC 616D.040 Materials to be filed before hearing; time for filing; filing by Administrator of statement of position. (NRS 616A.400, 616D.050) 1. Within the times prescribed in subsection 2, each party shall file with the Administrator and serve upon all other parties: (a) All do…

NAC 616D.042 Request for issuance of subpoena; approval or denial of request. (NRS 616A.400, 616D.050) 1. A party who wishes the Administrator to issue a subpoena requiring the attendance of a witness or the production of a book, account, paper, record or other document must subm…

NAC 616D.044 Failure to comply with order or subpoena. (NRS 616A.400, 616D.050) 1. A party aggrieved by the failure or refusal of a person to comply with an order or subpoena may apply to the Administrator for an order certifying the disobedience or refusal to comply. 2. Upon rec…

NAC 616D.046 General requirements for motions. (NRS 616A.400, 616D.050) 1. All motions, except motions made during a hearing, must be filed with the Administrator and a copy thereof served by the moving party upon all other parties to the proceeding. 2. A party desiring to oppose…

NAC 616D.048 Motion for change of venue. (NRS 616A.400, 616D.050) 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 Administrator at least 10 days before the scheduled hearing. The motion must…

NAC 616D.050 Admission of testimony or other evidence; applicable rules of evidence. (NRS 616A.400, 616D.050) 1. At a hearing before the Administrator, any relevant testimony or other evidence may be admitted, except where precluded by law, if it is reasonably reliable. 2. The ru…

NAC 616D.052 Testimony by telephone. (NRS 616A.400, 616D.050) 1. Testimony may be taken by the Administrator by use of the telephone. If a party requests that testimony be taken by the Administrator by use of the telephone, the party must provide, before the hearing, written noti…

NAC 616D.054 Evidence recorded on videotape. (NRS 616A.400, 616D.050) 1. A party who wishes to introduce evidence that is recorded on videotape must submit to the Administrator a written request therefor and a summary of the evidence so recorded in the statement of the issues to …

NAC 616D.056 Papers and documents. (NRS 616A.400, 616D.050) 1. Papers and documents filed pursuant to NAC 616D.009 to 616D.075, 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 …

NAC 616D.060 Findings of fact and conclusions of law; notice of right to file petition for judicial review; service by mail. (NRS 616A.400, 616D.050) If, after a hearing, the Administrator decides that the insurer, third-party administrator, organization for managed care, provide…

NAC 616D.065 Failure to appear. (NRS 616A.400, 616D.050) 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 Administrator may: 1. Dismiss the case, with or without prejudice; or 2. Take testimony and e…

NAC 616D.070 Petition for reconsideration or rehearing. (NRS 616A.400, 616D.050) 1. A written petition for a reconsideration or rehearing based on good cause or newly discovered evidence may be filed with the Administrator within 15 days after the service of a notice of the final…

NAC 616D.075 Record of hearing. (NRS 616A.400, 616D.050) 1. A hearing before the Administrator must be transcribed by a court reporter or recorded electronically. 2. A party to the hearing may order a transcript of the record of the hearing within 30 days after the final decision…

NAC 616D.305 Interpretation of certain provisions. (NRS 616A.400, 616D.120) For the purposes of carrying out the provisions of NRS 616D.120 and NAC 616D.311 and 616D.315: 1. A decision of a court, a hearing officer, an appeals officer or the Division shall be deemed to be: (a) An…

NAC 616D.311 Establishment of policies and procedures for payment. (NRS 616A.400, 616D.120) 1. Each insurer, organization for managed care, health care provider or third-party administrator shall establish written policies and procedures for the payment of compensation found to b…

NAC 616D.315 Considerations for determining unreasonable delay in payment. (NRS 616A.400, 616D.120) For the purposes of paragraph (c) of subsection 1 of NRS 616D.120, to determine whether an insurer, organization for managed care, health care provider, third-party administrator, …

NAC 616D.333 Order for cessation of business: Service. (NRS 616A.400, 616D.110) An order for the cessation of business will be delivered to and served upon the employer, manager or supervisor at the place of employment or jobsite, or upon an employee of suitable age and discretio…

NAC 616D.335 Order for cessation of business: Compliance. (NRS 616A.400, 616D.110) 1. The representative of the Administrator who delivers the order of cessation of business shall remain at the place of employment or jobsite to witness that the employer immediately orders all emp…

NAC 616D.340 Failure to provide and secure compensation or to report material fact concerning amount of payroll: Provision of certain information to or estimation of premiums by Administrator. (NRS 616A.400, 616D.200, 616D.220) 1. If the Administrator notifies an employer that th…

NAC 616D.345 Failure to provide and secure compensation: Imposition and amount of administrative fine. (NRS 616A.400, 616D.120) 1. If the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 does not prosecute an employer for failing to provide and secu…

NAC 616D.400 Minor violations: Definition; authority of Administrator. (NRS 616A.400, 616D.120) 1. For the purposes of subsection 2 of NRS 616D.120 and except as otherwise provided in chapters 616A to 617, inclusive, of NRS, or in any regulation adopted pursuant thereto, an insur…

NAC 616D.405 Intentional violations: Definition; authority of Administrator. (NRS 616A.400, 616D.120) 1. For the purposes of NRS 616D.120, an insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company commits an “…

NAC 616D.411 Benefit penalties: Determination of amount required to be paid. (NRS 616A.400, 616D.120) 1. To determine the amount of a benefit penalty required to be paid pursuant to subsection 3 of NRS 616D.120, the Administrator will determine that the violation caused physical …

NAC 616D.413 Determination of pattern of untimely payments to injured workers. (NRS 616A.400, 616D.120) 1. For the purposes of paragraph (h) of subsection 1 of NRS 616D.120, to determine whether an insurer, organization for managed care, health care provider, third-party administ…

NAC 616D.415 Imposition of administrative fine or order for corrective action for certain unintentional or multiple violations. (NRS 616A.400, 616D.120) Except as otherwise provided in chapters 616A to 617, inclusive, of NRS, or in any regulation adopted pursuant thereto: 1. If t…

NAC 616D.450 Log of oral communications: Maintenance; contents. (NRS 616A.400, 616D.330) 1. An insurer, employer, organization for managed care, a third-party administrator or the representative of any of those persons, the Nevada Attorney for Injured Workers or an attorney or ot…

NAC 616D.455 Log of oral communications: Availability. (NRS 616A.400, 616D.330) If a person specified in subparagraph (2) of paragraph (a) of subsection 1 of NRS 616D.330 makes a written request for a log of oral communications and, if requested, proves his or her status as a per…

NAC 617.010 Scope. (NRS 616A.400) This chapter applies to all firefighters and police officers who are required to submit to physical examinations and tests to receive industrial insurance benefits pursuant to NRS 617.454, 617.455 and 617.457 and to their employers. [Industrial C…