pursuant to the provisions of sections 5 to 17, inclusive, of this act.

created. The appeals panel consists of seven members who are appointed

by the governor, in consultation with the commissioner. From the

appropriate list of persons, if any, provided by the advisory organization

pursuant to subsection 2, the governor, in consultation with the

commissioner, shall appoint:

(a) An employee of the division of insurance of the department of

business and industry;

(b) An agent who is:

(1) Licensed pursuant to chapter 683A of NRS and qualified

pursuant to regulations adopted by the commissioner to take an

application for, procure or place on behalf of others, industrial

insurance; and

(2) A member of a nationally recognized association for the

profession of insurance agents;

(c) Two representatives of the general public:

(1) One of which must be employed by, or the proprietor of, a

business which is a member of:

(I) A local chamber of commerce; or

(II) Another organization representing the general business

interests of a group of businesses located in this state.

(2) Neither of which may be an independent contractor to, or an

employee or representative of, an insurance company, insurance broker,

insurance agent or insurance solicitor, a law firm, actuary or a

representative of a trade association that represents or supports the

interests specific to the trade of any such persons.

(3) Both of which must be knowledgeable in the field and business

of industrial insurance in this state;

(e) A representative of the advisory organization who administers

appeals panels for grievances of employers in other states.

2. On or before June 1 of a year in which the governor is to appoint

a member to the appeals panel, the advisory organization shall compile

lists of nominees for appointment pursuant to subsection 1 and provide

such lists to the governor and the commissioner. The advisory

organization shall compile three lists, each containing the names of at

least five persons who, in the opinion of the advisory organization, would

be appropriate members of the appeals panel as:

(a) The agent appointed pursuant to paragraph (b) of subsection 1;

(b) The two representatives of the general public appointed pursuant

to paragraph (c) of subsection 1; and

paragraph (d) of subsection 1.

governor shall notify the advisory organization of the names of each new

member.

4. After the initial terms, members shall serve terms of 2 years,

except when appointed to fill unexpired terms.

5. A vacancy in the membership of the appeals panel must be filled

by the governor, in consultation with the commissioner, in accordance

with the provisions of subsections 1 and 2 for the remainder of the

unexpired term. The newly appointed member must have the same

qualifications as the vacating member, as specified in paragraph (a), (b),

(c), (d) or (e) of subsection 1, as appropriate.

elect a chairman from among its members.

2. The chairman shall hold office for 1 year.

3. If a vacancy occurs in the chairmanship, the members of the

panel shall elect a chairman from among its members for the remainder

of the unexpired term of the chairman.

4. Unless the members agree unanimously to a different date, the

first meeting of each year must be as soon as practicable after July 1.

(a) Schedule the time and place of the meetings and hearings of the

appeals panel;

(b) Establish the agenda for each meeting and hearing of the appeals

panel; and

(c) Ensure that the meetings of the appeals panel are conducted in an

efficient manner.

2. The chairman of the appeals panel may appoint from the

membership of the appeals panel a secretary to whom he may delegate

his administrative functions.

specified by a call of the chairman.

2. Four members of the appeals panel constitute a quorum to

transact all business, and a majority of those present must concur on any

decision.

for his attendance at the meetings of the appeals panel, the per diem

allowance and travel expenses provided for state officers and employees

generally.

assessments payable by each insurer pursuant to the formula filed with

and approved by the commissioner pursuant to section 20.2 of this act.

NRS 686B.1759.

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

section 16 of this act, 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.

employer filed pursuant to section 10 of this act.

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 617 of NRS.

an employer pursuant to section 10 of this act 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 section 15 of

this act within 30 days after the hearing.

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:

applied by an insurer.

planning of an insurer or employer.

products or services.

each class of risk.

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 section 5 of this act 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.

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

section 16 of this act 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.

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

section 10 of this act; and

(b) Received a written decision from the appeals panel.

provisions of sections 5 to 17, inclusive, of this act.

an assessment pursuant to this section, file with the commissioner a

formula for an assessment on all insurers, which results in an equitable

distribution among all insurers, of:

panel for industrial insurance pursuant to the provisions of section 9 of

this act; and

(b) Any costs incurred by the advisory organization to administer the

appeals panel for industrial insurance pursuant to the provisions of

sections 5 to 17, inclusive, of this act.

2. The formula for the assessment filed pursuant to subsection 1

shall be deemed approved unless it is disapproved by the commissioner

within 60 days after it is filed.