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by the insurer as having coverage for industrial insurance has maintained it by paying all premiums due throughout the entire course of the project. The insurer shall, within 60 days after receiving such a request, issue:
(a) A final certificate which states that each such subcontractor and independent contractor has paid in full all premiums due for the project and that the principal contractor or owner is relieved of all liability for payment of any additional premiums related to the particular project; or
(b) A letter denying the issuance of a final certificate related to the project. Such a letter may be issued if a subcontractor or independent contractor:
(1) Is delinquent in the payment of premiums due on the project;
(2) Has left the State;
(3) Is uncooperative in a required audit of his records;
(4) Is principally located out of State and an audit is required;
(5) Is delinquent in his submission of his records relating to his payroll;
(6) Has closed his account with the insurer and premiums are due;
(7) Has failed to submit required information to the insurer;
(8) Is protesting the results of a required audit;
(9) Elected not to insure himself; or
(10) Has committed any other action which, in the opinion of the insurer, may result in his failure to pay all premiums due.
3. If the insurer does not issue a final certificate or letter denying the issuance of the certificate within 60 days after receiving a request therefor, a final certificate shall be deemed to have been issued.
(Added to NRS by 1987, 449; A 1995, 2017)—(Substituted in revision for NRS 616.288)
Election of Coverage
NRS 616B.650 Election by employer; effect of failure to provide industrial insurance.
1. Where the employer, as provided in chapters 616A to 616D, inclusive, of NRS, has given notice of an election to accept the terms of those chapters, and the employee has not given notice of an election to reject the terms of those chapters, the employer shall provide and secure, and the employee shall accept, compensation in the manner provided in those chapters for all personal injuries sustained arising out of and in the course of the employment.
2. Every employer electing to be governed by the provisions of chapters 616A to 616D, inclusive, of NRS, before becoming entitled to receive the benefits of those chapters, must comply with all conditions and provisions of those chapters during the period of his election.
3. Failure on the part of any employer to provide industrial insurance as required by the provisions of chapters 616A to 616D, inclusive, of NRS operates as a rejection of the terms of those chapters. If an employer rejects those chapters, or any of their terms, the employer shall post a notice of rejection of the terms of those chapters upon his premises in a conspicuous place. The employer at all times shall maintain the notice or notices so provided for the information of his employees.
[Part 36:168:1947; 1943 NCL § 2680.36]—(NRS A 1979, 1045; 1993, 711; 1995, 2019)—(Substituted in revision for NRS 616.305)
NRS 616B.653 Reporting of agreements with lessees engaged in mining or operating reduction plant; exception.
1. A lessee engaged in either mining or operating a reduction plant whose employer is within the provisions of chapters 616A to 616D, inclusive, of NRS, must be reported by the employer separately from persons employed at a daily wage, and the report must describe briefly:
(a) The agreement under which the work is to be performed;
(b) The aggregate number of shifts worked during the preceding month; and
(c) The total amount earned by lessees, computed on the average daily wages of workmen engaged in like work in the same locality.
Otherwise the payroll reports and premium payments on earnings of lessees described in this section are governed by the requirements of chapters 616A to 616D, inclusive, of NRS regarding employees engaged at a regular wage.
2. If such a lessee files with the Administrator and the insurer an acceptance of the provisions of chapters 616A to 616D, inclusive, of NRS and, if applicable, pays the premiums in advance upon the estimated earnings of himself and any workmen he may employ, the lessor is relieved of this obligation.
[16:168:1947; 1943 NCL § 2680.16]—(NRS A 1967, 1369; 1975, 619, 1019; 1977, 236; 1981, 1467; 1987, 598; 1995, 2020)—(Substituted in revision for NRS 616.310)
NRS 616B.656 Election by employer of excluded persons.
1. An employer in this State having in his employment any employee excluded from the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to NRS 616A.110 may elect to cover such employees under the provisions of those chapters in the manner provided in this section.
2. The election on the part of the employer must be made by filing with the Administrator and the insurer a written statement that he accepts the provisions of chapters 616A to 616D, inclusive, of NRS which, when filed, operates to subject him to the provisions of those chapters until the employer files with the Administrator and the insurer a notice in writing that he withdraws his election.
3. An employee in the service of any such employer shall be deemed to have accepted, and is subject to, the provisions of chapters 616A to 616D, inclusive, of NRS if, at the time of the accident for which compensation is claimed:
(a) The employer charged with liability is subject to the provisions of those chapters, whether or not the employee has actual notice thereof; and
(b) The employee has not given to his employer and to the Administrator and the insurer notice in writing that he elects to reject the provisions of those chapters.
4. An employee who has rejected the provisions of chapters 616A to 616D, inclusive, of NRS may at any time thereafter elect to waive the rejection by giving notice in writing to his employer and to the Administrator and the insurer which becomes effective when filed with the Administrator and the insurer.
[Part 37:168:1947; 1943 NCL § 2680.37]—(NRS A 1957, 209; 1975, 1019; 1981, 1467; 1987, 655; 1993, 711; 1995, 2020)—(Substituted in revision for NRS 616.315)
NRS 616B.659 Election by sole proprietor; physical examination; payment of premiums; effect of failure to pay premiums; withdrawal of election.
1. A sole proprietor may elect to be included within the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS to secure for himself compensation equivalent to that to which an employee is entitled for any accidental injury sustained by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the Administrator and a private carrier.
2. A private carrier may require a sole proprietor who elects to accept the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS to submit to a physical examination before his coverage commences. If a private carrier requires such a physical examination, the private carrier shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination must be paid by the sole proprietor.
3. A sole proprietor who elects to submit to the provisions of chapters 616A to 616D, inclusive, of NRS shall pay to the private carrier premiums in such manner and amounts as may be prescribed by the regulations of the Commissioner.
4. If a sole proprietor fails to pay all premiums required by the regulations of the Commissioner, the failure operates as a rejection of chapters 616A to 616D, inclusive, of NRS.
5. A sole proprietor who elects to be included pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS remains subject to all terms, conditions and provisions of th
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