Amendment No. 527

Senate Amendment to Senate Bill No. 495 (BDR 53-1382)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 25, page 15, by deleting lines 24 through 28 and inserting:

"8. Any party aggrieved by a [decision] determination regarding the administration of an assigned claim or a [decision] determination made by the division or by the [system] designated third-party administrator or insurer regarding any claim made pursuant to this section may appeal that [decision] determination within 60 days after the [decision] determination is rendered to the hearings division of the department of".

Amend the bill as a whole by renumbering sections 26 through 40 as sections 28 through 42 and adding new sections designated sections 26 and 27, following sec. 25, to read as follows:

"Sec. 26. NRS 616C.355 is hereby amended to read as follows:

616C.355 At any time 10 or more days before a scheduled hearing before an appeals officer, the administrator [, the manager or the manager’s] or the administrator’s designee, a party shall mail or deliver to the opposing party any affidavit or declaration which he proposes to introduce into evidence and notice to the effect that unless the opposing party, within 7 days after the mailing or delivery of such affidavit or declaration, mails or delivers to the proponent a request to cross-examine the affiant or declarant, his right to cross-examine the affiant or declarant is waived and the affidavit or declaration, if introduced into evidence, will have the same effect as if the affiant or declarant had given sworn testimony before the appeals officer, the administrator [, the manager or the manager’s] or the administrator’s designee.

Sec. 27. NRS 616C.385 is hereby amended to read as follows:

616C.385 If a party petitions the district court for judicial review of a final decision of an appeals officer, the [manager or the manager’s] administrator or the administrator’s designee, and the petition is found by the district court to be frivolous or brought without reasonable grounds, the district court may order costs and a reasonable attorney’s fee to be paid by the petitioner.".

Amend sec. 26, page 16, by deleting lines 15 and 16 and inserting:

"616D.050 1. Appeals officers, the administrator [, the manager and the manager’s] and the administrator’s designee, in conducting hearings or other proceedings".

Amend sec. 27, page 17, by deleting lines 6 through 8 and inserting:

"1. Disobeys an order of an appeals officer, a hearing officer, the administrator [, the manager or the manager’s] or the administrator’s designee, or a subpoena issued by the [manager, manager’s designee,] administrator, administrator’s designee, appeals".

Amend sec. 27, page 17, by deleting lines 14 and 15 and inserting:

"of the appeals officer, the hearing officer, the administrator [, the manager or the manager’s] or the administrator’s designee, shall compel obedience by attachment".

Amend sec. 28, page 17, by deleting lines 24 and 25 and inserting:

"NRS, before an appeals officer, a hearing officer, the administrator [, the manager or the manager’s] or the administrator’s designee, is entitled to receive for his".

Amend sec. 28, page 17, line 27, after "record." by inserting:

"For subpoenas issued on behalf of this state or an officer or agency thereof, the fees and mileage are not required to be tendered at the same time that the subpoena is delivered to the person named therein.".

Amend sec. 28, page 17, by deleting lines 28 and 29 and inserting:

"3. The appeals officer, hearing officer, administrator [, manager or the manager’s] or the administrator’s designee shall:".

Amend sec. 29, page 17, by deleting lines 37 and 38 and inserting:

"stenographer appointed by an appeals officer, a hearing officer, the administrator [, the manager or the manager’s] or the administrator’s designee, being certified by".

Amend sec. 30, page 18, line 13, after "system" by inserting:

"or a private carrier".

Amend sec. 30, page 18, between lines 20 and 21, by inserting:

"The money collected pursuant to this subsection must be paid into the uninsured employers’ claim fund.".

Amend sec. 32, page 19, line 20, after "employer." by inserting:

"The money collected pursuant to this subsection must be paid into the uninsured employers’ claim fund.".

Amend sec. 35, pages 21 and 22, by deleting lines 42 and 43 on page 21 and lines 1 through 3 on page 22, and inserting:

"8. Any party aggrieved by a [decision] determination regarding the administration of an assigned claim or a [decision] determination made by the division or by the [system] designated third-party administrator or insurer regarding any claim made pursuant to this section may appeal that [decision] determination within 60 days after the [decision] determination is rendered to the hearings division of the department of".

Amend sec. 40, page 24, by deleting lines 35 through 39 and inserting:

"to 24, inclusive, 26 to 32, inclusive, 34, 35, 36, 38, 39, 40 and subsection 1 of section 41 of this act become effective on July 1, 1999.

2. Sections 1, 3, 4, 10, 12, 13, 15, 16, 17, 18, 25, 33, 37 and subsection 2 of section 41 of this act become effective at 12:01 a.m. on July 1, 1999.".