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2. A certificate issued pursuant to this section must include, without limitation:
(a) The name of the self-insured employer;
(b) An identification number assigned to the self-insured employer by the Commissioner; and
(c) The date on which the certificate was issued.
3. Except as otherwise provided in NRS 616B.315 and 616B.318, certificates issued pursuant to this section remain in effect until withdrawn by the Commissioner or cancelled by the employer. Coverage for employers qualifying under NRS 616B.615 becomes effective on the date of certification or the date specified in the certificate.
(Added to NRS by 1979, 1037; A 1981, 1466; 1985, 583; 1993, 2404; 1995, 1640; 1997, 3217)
NRS 616B.315 Notification of change in ownership or control of self-insured employer; automatic termination of certification unless extension granted. A self-insured employer shall notify the Commissioner not less than 60 days before any change in ownership or control of the employer. The certification of the self-insured employer terminates automatically on the date of the change unless the Commissioner extends the certification. Except as otherwise provided in NRS 616B.015, the Commissioner, upon request, may declare as confidential any documents which are submitted in support of a request for such an extension.
(Added to NRS by 1985, 582; A 1995, 2137)—(Substituted in revision for NRS 616.2935)
NRS 616B.318 Grounds for withdrawal of certification of self-insured employer; exception; administrative fine.
1. The Commissioner shall impose an administrative fine, not to exceed $1,000 for each violation, and:
(a) Shall withdraw the certification of a self-insured employer if:
(1) The deposit required pursuant to NRS 616B.300 is not sufficient and the employer fails to increase the deposit after he has been ordered to do so by the Commissioner;
(2) The self-insured employer fails to provide evidence of excess insurance pursuant to NRS 616B.300 within 45 days after he has been so ordered; or
(3) Except as otherwise provided in subsection 4, the employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder.
(b) May withdraw the certification of a self-insured employer if:
(1) The employer intentionally fails to comply with regulations of the Commissioner regarding reports or other requirements necessary to carry out the purposes of chapters 616A to 616D, inclusive, and chapter 617 of NRS;
(2) The employer violates the provisions of subsection 2 of NRS 616B.500 or any regulation adopted by the Commissioner or the Administrator concerning the administration of the employer’s plan of self-insurance; or
(3) The employer makes a general or special assignment for the benefit of creditors or fails to pay compensation after an order for payment of any claim becomes final.
2. Any employer whose certification as a self-insured employer is withdrawn must, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616B.650.
3. The Commissioner may, upon the written request of an employer whose certification as a self-insured employer is withdrawn pursuant to subparagraph (3) of paragraph (a) of subsection 1, reinstate the employer’s certificate for a reasonable period to allow the employer sufficient time to provide industrial insurance for his employees.
4. The Commissioner may authorize an employer to retain his certification as a self-insured employer during the pendency of a proceeding specified in subparagraph (3) of paragraph (a) of subsection 1 if the employer establishes to the satisfaction of the Commissioner that the employer is able to pay all claims for compensation during the pendency of the proceeding.
(Added to NRS by 1979, 1037; A 1981, 1466; 1985, 583; 1991, 2403; 1993, 2404; 1995, 2018; 1999, 216; 2003, 3339)
NRS 616B.321 Imposition of fine if self-insured employer fails to pay compensation as ordered. The Commissioner shall impose an administrative fine, not to exceed $5,000, if an employer whose certification as a self-insured employer has terminated fails to pay compensation pursuant chapters 616A to 616D, inclusive, or chapter 617 of NRS after an order for payment of any claim becomes final.
(Added to NRS by 1985, 582; A 1991, 2404)—(Substituted in revision for NRS 616.2945)
NRS 616B.324 Self-insured employer liable for violation by his agent. A person who is employed by or contracts with a self-insured employer to administer the plan of self-insurance is an agent of the self-insured employer, and if he violates any provision of this chapter or chapter 616A, 616C, 616D or 617 of NRS, the self-insured employer is liable for any penalty assessed because of that violation.
(Added to NRS by 1985, 1011; A 1999, 216)
NRS 616B.327 Withdrawal of certification of self-insured employer: Informal meeting; notice of withdrawal; hearing; effective date of withdrawal.
1. Except as otherwise provided in NRS 616D.120, before any action may be taken pursuant to subsection 2, the Commissioner of Insurance shall arrange an informal meeting with the self-insured employer to discuss and seek correction of any conduct which would be grounds for withdrawal of the self-insured employer’s certificate of self-insurance.
2. Except as otherwise provided in NRS 616D.120, before the withdrawal of the certification of any self-insured employer, the Commissioner of Insurance shall give written notice to that employer by certified mail that his certification will be withdrawn 10 days after receipt of the notice unless, within that time, the employer corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the Commissioner of Insurance. Before requesting a hearing the employer must make the deposit required by NRS 616B.300.
3. If the employer requests a hearing:
(a) The Commissioner of Insurance shall set a date for a hearing within 20 days after receiving the appeal request, and shall give the employer at least 10 business days’ notice of the time and place of the hearing.
(b) A record of the hearing must be kept but it need not be transcribed unless requested by the employer with the cost of transcription to be charged to the employer.
(c) Within 5 business days after the hearing, the Commissioner of Insurance shall either affirm or disaffirm the withdrawal and give the employer written notice thereof by certified mail. If withdrawal of certification is affirmed, the withdrawal becomes effective 10 business days after the employer receives notice of the affirmance unless within that period of time the employer corrects the conduct which was ground for the withdrawal or petitions for judicial review of the affirmance.
4. If the withdrawal of certification is affirmed following judicial review, the withdrawal becomes effective 5 days after entry of the final decree of affirmance.
(Added to NRS by 1979, 1037; A 1995, 1640)—(Substituted in revision for NRS 616.296)
NRS 616B.330 Self-insured employer may appeal decision of Commissioner. Any self-insured employer who is aggrieved by a decision of the Commissioner of Insurance may appeal in the manner set forth in NRS 679B.310, except that any such appeal must be filed within the time set forth in NRS 616B.327.
(Added to NRS by 1979, 1039)—(Substituted in revision for NRS 616.298)
NRS 616B.333 Disposition of security after termination of status as self-insured employer.
1. If for any reason the status of an employer as a self-insured employer is terminated, the security deposited under NRS 616B.300 must remain on deposit for a period of at least 36 months in such amount as necessary to secure the outstanding and contingent liability arising from accidental injuries or o
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