Nevada Administrative Code

NAC 679B.0409 Transactions by electronic means. (NRS 679B.130, 679B.136) 1. Except as otherwise provided in NRS 691D.330 and NAC 691D.300, an insurer shall not conduct a transaction by electronic means, including, without limitation, transactions involving claims, electronic sign…

NAC 679B.041 Definitions. (NRS 679B.130, 679B.305) As used in NAC 679B.041 to 679B.151, inclusive, unless the context otherwise requires, the words and terms defined in NAC 679B.043 to 679B.070, inclusive, have the meanings ascribed to them in those sections. (Supplied in codific…

NAC 679B.043 “Account” defined. (NRS 679B.305) “Account” means the Insurance Recovery Account created pursuant to NRS 679B.305. (Added to NAC by Comm’r of Insurance by R152-99, eff. 1-28-2000)

NAC 679B.050 “Final judgment” defined. (NRS 679B.305) “Final judgment” means a judgment of a court of competent jurisdiction based upon the merits of the case: 1. Which finds fraud, intentional misrepresentation, embezzlement or deceit on the part of a licensee in connection with…

NAC 679B.070 “Licensee” defined. (NRS 679B.130, 679B.305) “Licensee” means a person who possesses a license issued by the Division under chapter 683A, 684A, 685A or 692A of NRS. (Added to NAC by Comm’r of Insurance, eff. 3-18-82; A 5-27-92; R001-16, 6-28-2016)

NAC 679B.078 Assessment of fee to maintain balance in Account: Payment upon issuance or renewal of license; failure to pay; administrative fine. (NRS 679B.130, 679B.305) 1. If the Commissioner assesses the fee authorized pursuant to NRS 679B.305, the fee will be assessed at the t…

NAC 679B.080 Petition for payment from Account. (NRS 679B.305) 1. If a person obtains a final judgment, he or she may file a verified petition with the Commissioner for an order directing payment out of the Account in an amount equal to the unpaid compensatory damages awarded in …

NAC 679B.090 Contents of petition; decision of court. (NRS 679B.305) 1. A petition for payment must contain copies of the documents of the court which show, to the satisfaction of the Commissioner, the grounds for the final judgment. The petition must also: (a) Show that a specia…

NAC 679B.100 Procedure for payment from Account. (NRS 679B.305) 1. Within 30 days after the filing of the petition, the Commissioner may make investigations to verify the truthfulness of the matters asserted in the petition and determine whether the searches and inquiries for rea…

NAC 679B.111 Repayment; effect of discharge of debt in bankruptcy. (NRS 679B.130, 679B.305) 1. The Commissioner may treat any payment from the Account in settlement of a claim or toward satisfaction of a final judgment against a licensee as sufficient ground for the revocation or…

NAC 679B.121 Payment of claims. (NRS 679B.305) 1. Whenever claims are approved in any fiscal year against the Account which total more than the maximum liability of $5,000 for the acts of one licensee, the $5,000 must be distributed among the claimants in the proportion that thei…

NAC 679B.131 Assignment of judgment. (NRS 679B.305) If the Commissioner pays any sum from the Account to a petitioner, the petitioner must assign his or her interest in the final judgment to the Commissioner to the extent of the payment made to the petitioner. The Commissioner wi…

NAC 679B.141 Waiver of rights. (NRS 679B.130, 679B.305) Failure of a person or licensee to comply with any of the provisions of NRS 679B.305 or NAC 679B.041 to 679B.151, inclusive, constitutes a waiver of any rights under NAC 679B.041 to 679B.151, inclusive. (Added to NAC by Comm…

NAC 679B.151 Disciplinary action; effect of repayment of obligations. (NRS 679B.130, 679B.305) The provisions of NAC 679B.041 to 679B.151, inclusive, do not limit the authority of the Commissioner to take disciplinary action against a licensee for a violation of any of the provis…

NAC 679B.152 Release for public inspection of records or information related to investigation of fraudulent claim. (NRS 679B.130, 679B.190) For the purposes of paragraph (a) of subsection 3 of NRS 679B.190, the release for public inspection of any records or information related t…

NAC 679B.154 Special Investigative Account: Notice of amount of assessment. (NRS 679B.130, 679B.700) The Commissioner will provide to each insurer a notice of the amount of the assessment for the Special Investigative Account that is owed pursuant to subsection 4 of NRS 679B.700 …

NAC 679B.157 Special Investigative Account: Payment of assessment; administrative fine; waiver of right to administrative hearing; willful violation. (NRS 679B.130, 679B.700) 1. Each insurer who holds a certificate of authority in this State on January 1 of a calendar year shall …

NAC 679B.161 Applicability; deviation from provisions. (NRS 679B.130, 679B.310) 1. Except as otherwise provided in this section, the provisions of chapter 233B of NRS, NRS 679B.310 to 679B.370, inclusive, and NAC 679B.161 to 679B.480, inclusive, govern practice before the Divisio…

NAC 679B.170 Definitions. (NRS 679B.130, 679B.310) As used in NAC 679B.161 to 679B.480, inclusive, unless the context otherwise requires: 1. “Hearing officer” means the Commissioner or another person designated by the Commissioner to conduct a hearing. 2. “Intervener” means a per…

NAC 679B.181 Interpretation of “unsuitable conduct.” (NRS 679B.130, 679B.310) As used in NRS 679B.310, the Commissioner will interpret “unsuitable conduct” to include any act or omission which: 1. Results in a felony conviction of an insurer or an employee of the insurer in any j…

NAC 679B.190 Hearing calendar. (NRS 679B.130, 679B.310) The Commissioner will maintain a hearing calendar and make assignments for hearings from it. A copy of the hearing calendar will be maintained at each office of the Division. [Comm’r of Insurance, M-1 § 17, eff. 5-13-72]—(NA…

NAC 679B.195 Dismissal of action for want of prosecution. (NRS 679B.130, 679B.310) 1. The Commissioner may, in his or her discretion and for good cause, upon his or her own motion or upon the motion of any party, dismiss any action before the Division for want of prosecution afte…

NAC 679B.201 Dismissal of proceeding initiated by Division. (NRS 679B.130, 679B.310) The Division may dismiss a proceeding it has initiated through the filing of a complaint and service of an order to show cause, without prejudice to the initiation of another proceeding based upo…

NAC 679B.211 Hearings: Person presiding; date; continuance. (NRS 679B.130, 679B.310, 679B.320, 679B.330) 1. Hearings will be held before the Commissioner or a hearing officer designated by the Commissioner pursuant to NRS 679B.330. 2. A hearing will be set for a date which is ear…

NAC 679B.241 Pleadings: Filing. (NRS 679B.130, 679B.310) 1. All pleadings, including complaints, petitions, answers, briefs, motions, responses to motions, affidavits and applications, must be addressed to and filed with the Commissioner. Pleadings shall be deemed to be officiall…

NAC 679B.243 Pleadings: Requirements for format; signature; request for hearing. (NRS 679B.130, 679B.310) 1. Pleadings must: (a) Be properly titled. (b) Be signed in ink by the party or his or her counsel. (c) Include the name and address of each party and the name, address and t…

NAC 679B.245 Pleadings: Amendment, correction or cure of omission. (NRS 679B.130, 679B.310) 1. If no substantial rights of the parties will be prejudiced, the hearing officer shall allow a pleading to be amended or corrected or any omission in a pleading to be cured. 2. The heari…

NAC 679B.250 Pleadings: Service of copies to other parties or counsel; proof of service. (NRS 679B.130, 679B.310) 1. After the commencement of a proceeding, a party who files a pleading shall serve a copy of the pleading to every other party. If a party is represented by counsel,…

NAC 679B.260 Prehearing conference: Procedure to call; purpose. (NRS 679B.130, 679B.310) The hearing officer may, upon his or her own motion or upon the motion of any party, by giving 7 days’ prior written notice of the time and place to all parties, hold a prehearing conference …

NAC 679B.270 Prehearing conference: Effect of actions; failure of party or counsel to attend. (NRS 679B.130, 679B.310) 1. Any action taken at a prehearing conference and the agreements, admissions or stipulations made by the parties at the conference: (a) Must be made a part of t…

NAC 679B.280 Hearings: Subpoenas. (NRS 679B.130, 679B.310, 679B.340) 1. Petitioners or respondents who desire to subpoena witnesses must apply in writing to the hearing officer, if one has been designated, or to the Commissioner if a hearing officer has not been designated, and s…

NAC 679B.311 Hearings: Appearances; notice of representation by counsel. (NRS 679B.130, 679B.310) 1. A party, if other than a natural person, may appear: (a) If a partnership, by a partner. (b) If a corporation, by an officer or other authorized representative or regular employee…

NAC 679B.313 Hearings: Requirements for attorney appearing as counsel; conduct. (NRS 679B.130, 679B.310) 1. An attorney appearing as counsel in any proceeding before the Division must be admitted to practice and in good standing before the highest court of any state. Except as ot…

NAC 679B.315 Hearings: Withdrawal of appearance of attorney of record. (NRS 679B.130, 679B.310) 1. No attorney of record in a contested proceeding before the Division may withdraw his or her appearance in the proceeding except by order of the hearing officer. To obtain such an or…

NAC 679B.321 Hearings: Failure of certain parties to appear. (NRS 679B.130, 679B.310) 1. If a party requesting a hearing fails to appear at the time and place set for the hearing, the hearing officer may, if satisfied that the party has received appropriate notice of the hearing …

NAC 679B.331 Conferences at hearing. (NRS 679B.130, 679B.310) In any proceeding the hearing officer may call all parties together for a conference before the taking of testimony, or may recess the hearing for a conference for the purpose of securing just, speedy and economical de…

NAC 679B.341 Hearings: Transcription. (NRS 679B.130, 679B.310, 679B.330) Any party wishing to receive a transcribed copy of the record pursuant to NRS 679B.330 must request it in writing at least 5 days before the date set for the prehearing, hearing or rehearing. [Comm’r of Insu…

NAC 679B.351 Hearings: Conduct required. (NRS 679B.130, 679B.310) 1. All parties to a hearing, their counsel and spectators shall conduct themselves in a respectful manner. 2. Attorneys representing parties in a proceeding shall conduct themselves in accordance with the rules of …

NAC 679B.353 Hearings: Misconduct of attorney. (NRS 679B.130, 679B.310) 1. If counsel for a party engages in any contumacious conduct at a hearing and repeatedly disregards admonishments by the hearing officer to cease that conduct, the hearing officer may: (a) Order the exclusio…

NAC 679B.361 Hearings: Former representatives of Division. (NRS 679B.130, 679B.310) 1. No former employee of the Division or member of the Attorney General’s staff may appear in a representative capacity on behalf of other parties in a proceeding in which he or she previously too…

NAC 679B.371 Hearings: Affidavits. (NRS 679B.130, 679B.310) 1. The affidavit of any person may be admitted in evidence if all parties consent to its admission. 2. All parties intending to offer an affidavit must serve the Division and all other parties with a copy of the affidavi…

NAC 679B.381 Hearings: Documentary exhibits. (NRS 679B.130, 679B.310) 1. Before a documentary exhibit may be introduced at a hearing, a copy of the exhibit must be furnished to each party. 2. In a proceeding involving detailed or voluminous exhibits, the hearing officer may requi…

NAC 679B.390 Hearings: Official notice. (NRS 679B.130, 679B.310) The hearing officer may take official notice of: 1. Rules, regulations, official reports, decisions and orders of any regulatory agency of the State of Nevada or any court of law. 2. Contents of decisions, orders, c…

NAC 679B.400 Briefs. (NRS 679B.130, 679B.310) In any hearing, the hearing officer may order briefs filed within a period which expires not less than 20 days after the date of the order. Two copies of each brief must be filed, together with an acknowledgment of or an affidavit sho…

NAC 679B.411 Hearings: Orders. (NRS 679B.130, 679B.310) 1. The hearing officer shall file a copy of his or her order with the Division. The copy must be kept available for public inspection. 2. If the hearing officer is not the Commissioner, the Commissioner will indicate on the …

NAC 679B.413 Filing of answer to contest complaint or order to show cause. (NRS 679B.130, 679B.310) 1. A party who desires to contest a complaint or order to show cause may file an answer. 2. An answer must: (a) Be in writing; (b) Be filed within 20 days after receipt of service …

NAC 679B.415 Hearings: Motions and responses to motions. (NRS 679B.130, 679B.310) 1. A request for an order by the hearing officer, except for an order to permit intervention or an order to show cause, concerning any matter that has not been finally decided by the hearing officer…