paid from assessments payable by each insurer pursuant to the formula filed with and approved by the Commissioner pursuant to NRS 686B.17645. 3. As used in this section, “insurer” has the meaning ascribed to it in NRS 686B.1759. (Added to NRS by 1999, 3378; A 2001, 2256) NRS 616B.772 Filing of grievance; parties to hearing; authority to appeal decision on hearing. 1. An employer, other than a self-insured employer, who determines that circumstances specific to his case require a review of the: (a) Establishment of the employer’s modification of premium based on experience; (b) Classification of risk assigned for the employer’s business; or (c) Application of the supplementary rate information to the employer, may file a written grievance with the Appeals Panel. 2. The insurer of that employer and the advisory organization may participate in a hearing on the grievance by appearing and providing testimony or other evidence. If an insurer or the advisory organization participates in the hearing, the insurer or the advisory organization is a party to the hearing and may appeal, pursuant to the provisions of NRS 616B.787, the decision made by the Appeals Panel. 3. As used in this section “supplementary rate information” has the meaning ascribed to it in NRS 686B.020. (Added to NRS by 1999, 3378; A 2001, 2256) NRS 616B.775 Jurisdiction. 1. The Appeals Panel shall hear a grievance of an employer filed pursuant to NRS 616B.772. 2. The Appeals Panel shall not hear: (a) Complaints concerning the effect of the classifications of risks or rules that are applied by all insurers to all similarly classified businesses within this State. (b) Grievances concerning contested cases for compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. (Added to NRS by 1999, 3379; A 2001, 2256) NRS 616B.777 Timing: Notification of hearing; issuance of decision. 1. Within 30 days after receipt of a written grievance from an employer pursuant to NRS 616B.772 and not less than 10 days before the hearing on such grievance, the Appeals Panel shall provide written notice to the employer, his insurer and the advisory organization of the date and place of the hearing. 2. A decision on a grievance must be issued pursuant to NRS 616B.785 within 30 days after the hearing. (Added to NRS by 1999, 3379; A 2001, 2256) NRS 616B.780 Hearings open to public; exception. A hearing held pursuant to NRS 616B.775 must be open to the public, unless the Appeals Panel will be considering proprietary information of the employer or the insurer. As used in this section, the term “proprietary information” means any information which, if disclosed to the general public, may result in a competitive disadvantage to an insurer or employer, including, without limitation: 1. Rules, criteria and standards for underwriting policies that are applied by an insurer. 2. Plans or other documents concerning the marketing or strategic planning of an insurer or employer. 3. Data, studies and reports concerning the development of new products or services. 4. Data that identify the share of the market of an insurer within each class of risk. (Added to NRS by 1999, 3379; A 2001, 2256) NRS 616B.782 Conflict of interest: Appointment of substitute member; waiver; determination. 1. If a member of the Appeals Panel determines that he has a personal interest or a conflict of interest, directly or indirectly, with a party to a hearing or the subject matter of the hearing, the Chairman of the Appeals Panel shall appoint a substitute member for that hearing who has the same qualifications, as specified in paragraph (a), (b), (c), (d) or (e) of subsection 1 of NRS 616B.760 as the member who has the conflict of interest. If the Chairman is the member with the conflict of interest, another member of the Appeals Panel shall appoint the substitute. 2. A conflict of interest may be waived if, after full written disclosure of the facts raising such a conflict, all parties to the appeal agree in writing to the hearing of the appeal by the member. Such waiver must be filed with the Chairman of the Appeals Panel before the hearing. If the Chairman is the member with the conflict of interest, the waiver must be filed with the Commissioner. 3. The member of the Appeals Panel who represents the advisory organization shall be deemed not to have a conflict of interest with respect to the advisory organization if it is a party to a hearing. (Added to NRS by 1999, 3379; A 2001, 2256) NRS 616B.785 Issuance and delivery of decision; notification of right to appeal. 1. Within 30 days after each hearing, the Chairman or a member of the Appeals Panel designated by the Chairman shall prepare and deliver personally or by mail to each party to the hearing and to the Commissioner a written memorandum stating: (a) The reasons for the decision of the Appeals Panel concerning those parties; and (b) The rights of any party to the hearing to appeal pursuant to NRS 616B.787 and a brief description of the procedure for making such an appeal. The votes of each member of the Appeals Panel must not be recorded on this memorandum. 2. Each month, copies of all decisions made by the Appeals Panel during the prior month must be delivered personally or by mail to the advisory organization. (Added to NRS by 1999, 3380; A 2001, 2256) NRS 616B.787 Appeal of decision to Commissioner. 1. A party to the hearing who wishes to appeal a decision of the Appeals Panel must do so pursuant to the provisions of NRS 679B.310. Such a hearing must be conducted by the Commissioner pursuant to the provisions of NRS 679B.310 to 679B.370, inclusive, and the regulations adopted pursuant thereto. 2. The Commissioner shall not hold a hearing on the request of an employer concerning the establishment of the employer’s modification of premium based on experience, the classification of risk assigned for the employer’s business, or application of the insurer’s supplementary rate information to the employer unless the employer has: (a) Filed a written grievance with the Appeals Panel pursuant to NRS 616B.772; and (b) Received a written decision from the Appeals Panel. (Added to NRS by 1999, 3380; A 2001, 2256) NRS 616B.790 Regulations. The Commissioner may adopt regulations to carry out the provisions of NRS 616B.760 to 616B.790, inclusive. (Added to NRS by 1999, 3380; A 2001, 2256) MISCELLANEOUS PROVISIONS NRS 616B.850 Insurer may establish plan to review small employers; objectives of plan. An insurer may establish a plan to review small employers who are insured by the insurer to encourage such employers to maintain their loss experience at the lowest possible level. (Added to NRS by 1997, 1425; A 1997, 1456) CHAPTER 616C - INDUSTRIAL INSURANCE: BENEFITS FOR INJURIES OR DEATH REPORTS OF INJURIES AND CLAIMS FOR COMPENSATION NRS 616C.005 Forms for reporting injuries: Insurer to distribute revised forms to employers periodically; Administrator to make revised forms available to physicians and chiropractors. NRS 616C.010 Employee to report accident and injury to employer; examination of employee. NRS 616C.015 Notice of injury or death: Requirements; availability of form; retention. NRS 616C.020 Claim for compensation: Requirements for injured employee, his dependent or his representative to file claim; form. NRS 616C.025 Recovery of compensation barred if notice of injury or claim for compensation is not filed; exceptions. NRS 616C.030 Dependent of injured employee barred from filing claim for compensation if untimely or previously denied. NRS 616C.035 Application for death benefit. NRS 616C.040 Cla

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