1-3 division shall:

1-4 (a) Regulate insurers pursuant to chapters 616A to 617, inclusive, of

2-29 new section to read as follows:

2-30 An insurer shall not issue a policy of industrial insurance to an

2-31 employer that does not cover each employee of that employer who

2-32 satisfies the definition of employee set forth in NRS 616A.105 to

2-36 services performed, the maximum amount paid to any one employee

2-37 during the year in which a policy of industrial insurance is effective shall

2-38 be deemed to be $36,000 . [in determining the total amount paid to

3-25 616B.230 for the creation of a] 616B.224 concerning the state insurance

3-26 fund, or the provisions of chapters 616A to 616D, inclusive, of NRS

3-27 making the compensation to the workman provided in those chapters

3-28 exclusive of any other remedy on the part of the workman, shall be held

3-29 invalid, each of those chapters shall be thereby invalidated, except the

3-30 provisions of NRS 616B.101, and an accounting according to the justice of

3-31 the case shall be had on moneys received. In other respects an adjudication

3-32 of invalidity of any part of this chapter or chapter 616A, 616C or 616D of

3-33 NRS shall not affect the validity of any of those chapters as a whole or any

3-37 or of any other law, the manager may invest and reinvest any money in the

3-38 funds of the system deemed available for investment [as provided in]

3-39 pursuant to NRS 616B.107 [and 616B.116 to 616B.164, inclusive,] and

3-40 may employ investment counsel for that purpose.

3-41 2. The provisions of this section and NRS 616B.107 [and 616B.116 to

3-42 616B.164, inclusive,] do not prevent the manager from making investments

4-3 securities or who has a direct pecuniary interest in any such business who

4-4 receives commissions for transactions performed as an agent for the system

4-5 is eligible for employment as investment counsel for the system.

4-6 2. The manager shall not engage investment counsel unless:

4-7 (a) The principal business of the person selected by the manager consists

4-8 of rendering investment supervisory services, that is, the giving of

4-9 continuous advice as to the investment of money on the basis of the

4-10 individual needs of each client;

4-11 (b) The person and his predecessors have been continuously engaged in

4-12 such business for a period of 3 or more years, and, if a firm or corporation,

4-13 the senior management personnel of the firm or corporation have an

4-14 average of 10 years professional experience as investment managers;

4-15 (c) The person as of the time originally hired, has at least $250,000,000

4-16 of assets under management contract, exclusive of any assets related to

4-17 governmental agencies in this state;

4-18 (d) The person is registered as an investment adviser under the laws of

4-19 the United States as from time to time in effect, or is a bank or an

4-20 investment management subsidiary of a bank;

4-21 (e) The contract between the system and the investment counsel is of no

4-22 specific duration and is voidable at any time by either party; and

4-23 (f) The person has been approved by the state board of finance for

4-24 employment as investment counsel.

4-25 3. More than one investment counsel may be employed in the

4-26 discretion of the manager.

4-27 4. The expense of such employment must be paid from the state

4-28 insurance fund.

4-29 5. Any investment program adopted by the system and all investments

4-30 made thereunder must be reported quarterly in writing by the manager to

4-31 the state board of finance, and the report is subject to review by the state

4-32 board of finance. The state board of finance may require the manager to

4-33 provide further reports and may recommend modifications in the

4-34 investment program, including replacement of the investment counsel. If,

4-35 after a reasonable time, the manager has not taken suitable corrective action

4-36 in response to recommendations by the state board of finance, the state

4-37 board of finance may direct the manager to carry out its recommendations

4-38 in a manner acceptable to the state board of finance. Any directives from

4-39 the state board of finance must be in writing.

4-40 6. With the approval of the state board of finance, the manager may

4-41 designate the bank or banks which shall have the custody of the various

4-42 investments [authorized in NRS 616B.116 to 616B.164, inclusive.] made

5-6 in work in a prison industry or work program, whether the program is

5-7 operated by an institution of the department of prisons, by contract with a

5-8 public entity or by a private employer, is entitled to coverage under the

5-9 modified program of industrial insurance established by regulations

5-10 adopted by the [system when] division if the director of the department of

5-11 prisons [requests such coverage and] complies with the provisions of the

5-12 regulations, and coverage is approved by the system [.] or a private carrier.

5-13 2. An offender is limited to the rights and remedies established by the

5-14 provisions of the modified program of industrial insurance established by

5-15 regulations adopted by the [system.] division. The offender is not entitled

5-16 to any rights and remedies established by the provisions of chapters 616A

5-17 to 617, inclusive, of NRS.

5-18 3. The [system] division shall, in cooperation with the department of

5-19 prisons and the risk management division of the department of

5-20 administration, adopt regulations setting forth a modified program of

5-21 industrial insurance to provide offenders with industrial insurance against

5-22 personal injuries arising out of and in the course of their work in a prison

5-26 local detention facility, while engaged in work in a work program directed

5-27 by the administrator of the jail or other detention facility, whether the work

5-28 program is operated by contract with a public entity or by a private

5-29 employer, may receive coverage under the modified program of industrial

5-30 insurance established by regulations adopted by the division if the

5-31 administrator of the jail or other detention facility [requests such coverage

5-32 and] complies with the provisions of the regulations [.] and coverage is

5-33 approved by the system or a private carrier.

5-34 2. An offender is limited to the rights and remedies established by the

5-35 provisions of the modified program of industrial insurance established by

5-36 regulations adopted by the division. The offender is not entitled to any

5-37 rights and remedies established by the provisions of chapters 616A to 617,

5-38 inclusive, of NRS.

5-39 3. The division, in cooperation with the various administrators of jails

5-40 and other detention facilities, shall adopt regulations setting forth a

5-41 modified program of industrial insurance to provide offenders with

5-42 industrial insurance against personal injuries arising out of and in the

6-6 and fix premium rates pursuant to NRS 616B.218 to 616B.230, inclusive,

6-7 the] The manager may establish a plan for classifying employers insured by

6-8 the system as small employers pursuant to chapters 616A to 616D,

6-9 inclusive, or [chapter] 617 of NRS. Upon establishing such a plan, the

6-10 manager may, with the approval of the commissioner, determine and fix the

6-14 and fix premium rates of employers pursuant to NRS 616B.218 to

6-15 616B.230, inclusive, the] The manager may by regulation establish a plan

6-16 for classifying employers insured by the system who, because of the risks

6-17 inherent in the businesses in which the employers are engaged, are

6-18 reasonably likely to incur a greater number of claims for compensation

6-19 pursuant to chapters 616A to 616D, inclusive, or [chapter] 617 of NRS.

6-20 Upon establishing such a plan, the manager may, with the approval of the

6-24 insured employer or a member of an association of self-insured public or

6-25 private employers shall, at intervals and on or before dates established by

6-26 his insurer, furnish the insurer with [a] :

6-27 (a) A true and accurate payroll showing:

6-28 [(a)] (1) The total amount paid to employees for services performed;

6-29 [(b)] (2) The amount of tips reported to him by every employee

6-30 pursuant to 26 U.S.C. § 6053(a) whose tips in cash totaled $20 or more;

6-31 and

6-32 [(c)] (3) A segregation of employment in accordance with the

6-33 requirements of the commissioner [, together with the premium due

6-34 thereon.] ; and

6-35 (b) Any premium due pursuant to the terms of the policy of industrial

6-36 insurance.

6-37 The payroll reports and any premium [must] may be furnished to the

6-38 insurer on [or before the date] different dates, as established by the insurer

6-39 . [for the receipt of the payroll and premium.

6-40 2. Any employer by agreement in writing with the insurer may arrange

6-41 for the payment of premiums in advance at an interval established by the

7-32 association of self-insured public or private employers, the employer must:

7-33 (a) Submit an application for membership to the board of trustees or

7-34 third-party administrator of the association; and

7-35 (b) Enter into an indemnity agreement as required by NRS 616B.353.

7-36 2. The membership of the applicant becomes effective when each

7-37 member of the association approves the application or on a later date

7-38 specified by the association. The application for membership and the action

7-39 taken on the application must be maintained as permanent records of the

7-40 board of trustees.

7-41 3. Each member who is a member of an association during the 12

7-42 months immediately following the formation of the association must:

9-3 annual assessment required to be paid by each member of an association of

9-4 self-insured public or private employers must be [calculated by a rating

9-5 organization approved by the commissioner and based] :

9-6 (a) Calculated by a rate service organization that is licensed pursuant

9-7 to chapter 686B of NRS; and

9-8 (b) Based on the premium rate for the standard industrial classification

9-9 of that member, adjusted by the member’s individual experience.

9-10 If approved by the commissioner, payments of assessments may be reduced

9-11 by an amount based on the association’s level of expenses and loss

9-12 experience.

9-13 2. If approved by the commissioner, an association may calculate the

9-14 annual assessment required to be paid by each member of the association.

9-15 An assessment calculated by the association must be based on at least 5

9-19 insurance pursuant to chapters 616A to 617, inclusive, of NRS, the private

9-20 carrier must be authorized by the commissioner pursuant to chapter 680A

9-21 of NRS and maintain such security of the kind described in NRS 680A.120

9-22 and 680A.140 as may be required.

9-23 2. A private carrier shall not provide industrial insurance pursuant to

9-24 chapters 616A to 617, inclusive, of NRS as an unauthorized insurer

9-25 pursuant to subsection 9 of NRS 680A.070.

9-26 3. A private carrier that is authorized by the commissioner to provide

9-27 industrial insurance pursuant to subsection 1:

9-28 (a) Constitutes an authorized insurer, as that term is defined in NRS

9-29 679A.030; and

9-30 (b) Is subject to the provisions of Title 57 of NRS that govern

9-34 private carrier to provide industrial insurance for 1 year if , after a hearing

9-35 thereon, the commissioner finds that the private carrier has intentionally or

9-36 repeatedly failed to comply with the provisions of chapters 616A to 616D,

9-37 inclusive, or [chapter] 617 of NRS or the regulations of the division [.

9-38 2. Before the commissioner suspends the authorization of a private

9-39 carrier, he shall arrange an informal meeting with the private carrier to

9-40 discuss and seek correction of any conduct which would be grounds for

9-41 suspension.

10-31 to 616D, inclusive, or 617 of NRS, and those employers who accept the

10-32 terms of those chapters and are governed by their provisions, shall provide

10-33 and secure compensation according to the terms, conditions and provisions

10-34 of those chapters for any personal injuries by accident sustained by an

10-35 employee arising out of and in the course of the employment.

10-36 2. Travel for which an employee receives wages shall, for the purposes

10-37 of chapters 616A to 616D, inclusive, of NRS, be deemed in the course of

10-38 employment.

10-39 3. In such cases the employer or any insurer of the employer is relieved

10-40 from other liability for recovery of damages or other compensation for

10-41 those personal injuries unless otherwise provided by the terms of chapters

11-3 liability company is required to be insured pursuant to chapters 616A to

11-4 616D, inclusive, of NRS, an officer of the corporation or a manager of the

11-5 company who:

11-6 (a) Receives pay for services performed as an officer, manager or

11-7 employee of the corporation or company shall be deemed for the purposes

11-8 of those chapters to receive a minimum pay of $6,000 per [calendar] year

11-9 the policy of industrial insurance for the employer is effective and a

11-10 maximum pay of $36,000 per [calendar year.] year the policy of industrial

11-11 insurance is effective.

11-12 (b) Does not receive pay for services performed as an officer, manager

11-13 or employee of the corporation or company shall be deemed for the

11-14 purposes of those chapters to receive a minimum pay of $500 per month or

11-15 $6,000 per [calendar year.] year the policy of industrial insurance is

11-16 effective.

11-17 2. An officer or manager who does not receive pay for services

11-18 performed as an officer, manager or employee of the corporation or

11-19 company may elect to reject coverage by filing written notice thereof with

11-20 the corporation or company and the insurer. The rejection is effective upon

11-21 receipt of the notice by the insurer.

11-22 3. An officer or manager who has rejected coverage may rescind that

11-23 rejection by filing written notice thereof with the corporation or company

11-24 and the insurer. The rescission is effective upon receipt of the notice by the

11-25 insurer. If an officer or manager who has rejected coverage receives pay for

11-26 services performed as an officer, manager or employee of the corporation

11-27 or company, the officer or manager shall be deemed to have rescinded that

11-28 rejection.

11-29 4. A nonprofit corporation whose officers do not receive pay for

11-30 services performed as officers or employees of the corporation may elect to

11-31 reject coverage for its current officers and all future officers who do not

11-32 receive such pay by filing written notice thereof with the corporation and

11-33 the insurer. The rejection is effective upon receipt of the notice by the

11-34 insurer.

11-35 5. A nonprofit corporation which has rejected coverage for its officers

11-36 who do not receive pay for services performed as officers or employees of

11-37 the corporation may rescind that rejection by filing written notice thereof

11-38 with the corporation and the insurer. The rescission is effective upon

11-39 receipt of the notice by the insurer. If an officer of a nonprofit corporation

11-40 which has rejected coverage receives pay for services performed as an

11-41 officer or employee of the corporation, the corporation shall be deemed to

12-3 context otherwise requires:

12-4 1. "Applicant" means a person seeking a certificate of [insurance]

12-5 registration pursuant to NRS 616B.670 to 616B.697, inclusive, to operate

12-6 an employee leasing company.

12-7 2. "Client company" means a company which leases employees, for a

12-8 fee, from an employee leasing company pursuant to a written or oral

12-9 agreement.

12-10 3. "Employee leasing company" means a company which, pursuant to a

12-11 written or oral agreement:

12-12 (a) Places any of the regular, full-time employees of a client company on

12-13 its payroll and, for a fee, leases them to the client company on a regular

12-14 basis without any limitation on the duration of their employment; or

12-15 (b) Leases to a client company:

12-16 (1) Five or more part-time or full-time employees; or

12-17 (2) Ten percent or more of the total number of employees within a

12-21 company in this state unless he has complied with the provisions of NRS

12-22 616B.670 to 616B.697, inclusive. The [manager] administrator shall issue

12-23 a certificate of [insurance] registration to each applicant who complies

12-24 with the provisions of NRS 616B.670 to 616B.697, inclusive.

12-25 2. Any person who violates the provisions of subsection 1 is guilty of a

12-26 misdemeanor.

12-27 3. Each certificate of [insurance] registration issued by the [manager]

12-28 administrator pursuant to NRS 616B.670 to 616B.697, inclusive, expires 1

12-32 [insurance] registration must submit to the [manager] administrator a

12-36 (a) The applicant’s name and title of his position with the employee

12-37 leasing company.

12-38 (b) The applicant’s age, place of birth and social security number.

12-39 (c) The applicant’s address.

12-40 (d) The business address of the employee leasing company.

12-41 (e) The business address of the resident agent of the employee leasing

12-42 company, if the applicant is not the resident agent.

13-38 employment security division of the department of employment, training

13-39 and rehabilitation, shall, and the commissioner of insurance] administrator

13-40 may, adopt regulations to carry out the provisions of NRS 616B.670 to

14-3 leasing company to comply with the provisions of NRS 616B.670 to

14-4 616B.697, inclusive, may be brought against any person who is required to

14-5 sign the application for a certificate of [insurance] registration for the

14-9 (a) Third-party administrator who has a valid certificate issued by the

14-10 commissioner pursuant to NRS 683A.085; or

14-11 (b) Insurer, other than a self-insured employer or association of self-

14-12 insured public or private employers,

14-13 to administer claims against the uninsured employers’ claim fund. The

14-14 designation must be made pursuant to reasonable competitive bidding

14-15 procedures established by the administrator.

14-16 2. An employee may receive compensation from the uninsured

14-17 employers’ claim fund if:

14-18 (a) He was hired in this state or he is regularly employed in this state;

14-19 (b) He suffers an accident or injury in this state which arises out of and

14-20 in the course of his employment;

14-21 (c) He files a claim for compensation with the division; and

14-22 (d) He makes an irrevocable assignment to the division of a right to be

14-23 subrogated to the rights of the injured employee pursuant to NRS

14-24 616C.215.

14-25 [2.] 3. If the division receives a claim pursuant to subsection [1,] 2, the

14-26 division shall immediately notify the employer of the claim.

14-27 [3.] 4. For the purposes of this section, the employer has the burden of

14-28 proving that he provided mandatory industrial insurance coverage for the

14-29 employee or that he was not required to maintain industrial insurance for

14-30 the employee.

14-31 [4.] 5. Any employer who has failed to provide mandatory coverage

14-32 required by the provisions of chapters 616A to 616D, inclusive, of NRS is

14-33 liable for all payments made on his behalf, including any benefits,

14-34 administrative costs or attorney’s fees paid from the uninsured employers’

14-35 claim fund or incurred by the division.

14-36 [5.] 6. The division:

14-37 (a) May recover from the employer the payments made by the division

14-38 that are described in subsection [4] 5 and any accrued interest by bringing a

14-39 civil action in district court.

14-40 (b) In any civil action brought against the employer, is not required to

14-41 prove that negligent conduct by the employer was the cause of the

16-20 before an appeals officer, the administrator [, the manager or the

16-21 manager’s] or the administrator’s designee, a party shall mail or deliver to

16-22 the opposing party any affidavit or declaration which he proposes to

16-23 introduce into evidence and notice to the effect that unless the opposing

16-24 party, within 7 days after the mailing or delivery of such affidavit or

16-25 declaration, mails or delivers to the proponent a request to cross-examine

16-26 the affiant or declarant, his right to cross-examine the affiant or declarant is

16-27 waived and the affidavit or declaration, if introduced into evidence, will

16-28 have the same effect as if the affiant or declarant had given sworn

16-29 testimony before the appeals officer, the administrator [, the manager or the

16-33 final decision of an appeals officer, the [manager or the manager’s]

16-34 administrator or the administrator’s designee, and the petition is found by

16-35 the district court to be frivolous or brought without reasonable grounds, the

16-36 district court may order costs and a reasonable attorney’s fee to be paid by

16-40 the manager’s] and the administrator’s designee, in conducting hearings or

16-41 other proceedings pursuant to the provisions of chapters 616A to 616D,

17-31 1. Disobeys an order of an appeals officer, a hearing officer, the

17-32 administrator [, the manager or the manager’s] or the administrator’s

17-33 designee, or a subpoena issued by the [manager, manager’s designee,]

17-34 administrator, administrator’s designee, appeals officer, hearing officer,

17-35 inspector or examiner;

17-36 2. Refuses to permit an inspection; or

17-37 3. As a witness, refuses to testify to any matter for which he may be

17-38 lawfully interrogated,

17-39 the district judge of the county in which the person resides, on application

17-40 of the appeals officer, the hearing officer, the administrator [, the manager

17-41 or the manager’s] or the administrator’s designee, shall compel obedience

18-5 receive the same fees as a sheriff.

18-6 2. Each witness who appears, in obedience to a subpoena which has

18-7 been issued pursuant to this chapter or chapter 616A, 616B or 616C of

18-8 NRS, before an appeals officer, a hearing officer, the administrator [, the

18-9 manager or the manager’s] or the administrator’s designee, is entitled to

18-10 receive for his attendance the fees and mileage provided for witnesses in

18-11 civil cases in courts of record. For subpoenas issued on behalf of this

18-12 state or an officer or agency thereof, the fees and mileage are not

18-13 required to be tendered at the same time that the subpoena is delivered to

18-14 the person named therein.

18-15 3. The appeals officer, hearing officer, administrator [, manager or the

18-16 manager’s] or the administrator’s designee shall:

18-17 (a) Authorize payment from his administrative budget of the fees and

18-18 mileage due to such a witness; or

18-19 (b) Impose those costs upon the party at whose instance the witness was

18-23 any specific part thereof, of any final hearing or investigation, made by a

18-24 stenographer appointed by an appeals officer, a hearing officer, the

18-25 administrator [, the manager or the manager’s] or the administrator’s

18-26 designee, being certified by that stenographer to be a true and correct

18-27 transcript of the testimony in the final hearing or investigation, or of a

18-28 particular witness, or of a specific part thereof, and carefully compared by

18-29 him with his original notes, and to be a correct statement of the evidence

18-30 and proceedings had on the final hearing or investigation so purporting to

18-31 be taken and transcribed, may be received in evidence with the same effect

18-32 as if the stenographer had been present and testified to the facts so certified.

18-33 2. A copy of the transcript must be furnished on demand to any party

18-37 provisions of NRS 616B.633 has failed to provide and secure

18-38 compensation as required by the terms of chapters 616A to 616D,

18-39 inclusive, of NRS or that the employer has provided and secured that

18-40 compensation but has failed to maintain it, he shall make a determination

18-41 thereon and may charge the employer an amount equal to the sum of:

18-42 (a) The premiums that would otherwise have been owed to the system or

19-25 (a) Is the legal or beneficial owner of 25 percent or more of a business

19-26 which terminates operations while owing a premium , interest or penalty to

19-27 the system or a private carrier and becomes, or induces or procures another

19-28 person to become, the legal or beneficial owner of 25 percent or more of a

19-29 new business engaging in similar operations; or

19-30 (b) Knowingly aids or abets another person in carrying out such

19-31 conduct,

19-32 is liable in a civil action for the payment of any premium, interest and

19-33 penalties owed to the system or the private carrier and the reasonable costs

19-34 incurred by the system or private carrier to investigate and act upon such

19-35 conduct.

19-36 2. The system or private carrier shall not insure any business which

19-37 engages in the conduct described in subsection 1 unless the premium and

19-38 any interest and penalties owed to the [system or private carrier] prior

19-39 insurer have been paid [.] to that insurer.

19-40 3. As used in this section, "business" includes, but is not limited to, a

20-3 employee, officer or agent of any employer has knowingly:

20-4 (a) Made a false statement or has knowingly failed to report a material

20-5 fact concerning the amount of payroll upon which a premium is based; or

20-6 (b) Misrepresented the classification or duties of an employee,

20-7 he shall make a determination thereon and charge the employer’s account

20-8 an amount equal to [three times] the amount of the premium [due.] that

20-9 would have been due had the proper information been submitted. The

20-10 administrator shall deliver a copy of his determination to the employer. The

20-11 money collected pursuant to this subsection must be paid into the

20-12 uninsured employers’ claim fund.

20-13 2. An employer who is aggrieved by the determination of the

20-14 administrator may appeal from the determination by filing a request for a

20-15 hearing. The request must be filed within 30 days after the date on which a

20-16 copy of the determination was delivered to the employer. The administrator

20-17 shall hold a hearing within 30 days after he receives the request. The

20-18 determination of the administrator made pursuant to a hearing is a final

20-19 decision for the purposes of judicial review. The amount of the

20-20 determination as finally decided by the administrator becomes due within

20-21 30 days after the determination is served on the employer.

20-22 3. A person who knowingly:

20-23 (a) Makes a false statement or representation or who knowingly fails to

20-24 report a material fact concerning the amount of payroll upon which a

20-25 premium is based; or

20-26 (b) Misrepresents the classification or duties of an employee,

20-27 is guilty of a gross misdemeanor. Any criminal penalty imposed must be in

20-31 receiving wages, commissions or other compensation based upon sales

20-32 shall be deemed for the purpose of this chapter to earn wages of [$900]

20-36 company is required to be insured pursuant to this chapter, an officer of the

20-37 corporation or a manager of the company who:

20-38 (a) Receives pay for service performed shall be deemed for the purposes

20-39 of this chapter to receive a minimum pay of $6,000 per [calendar] year the

20-40 policy of industrial insurance for the employer is effective and a

20-41 maximum pay of $36,000 per [calendar year.] year the policy of industrial

21-15 (a) Third-party administrator who has a valid certificate issued by the

21-16 commissioner pursuant to NRS 683A.085; or

21-17 (b) Insurer, other than a self-insured employer or association of self-

21-18 insured public or private employers,

21-19 to administer claims against the uninsured employers’ claim fund. The

21-20 designation must be made pursuant to reasonable competitive bidding

21-21 procedures established by the administrator.

21-22 2. An employee may receive compensation from the uninsured

21-23 employers’ claim fund if:

21-24 (a) He was hired in this state or he is regularly employed in this state;

21-25 (b) He contracts an occupational disease as a result of work performed

21-26 in this state;

21-27 (c) He files a claim for compensation with the division; and

21-28 (d) He makes an irrevocable assignment to the division of a right to be

21-29 subrogated to the rights of the employee pursuant to NRS 616C.215.

21-30 [2.] 3. If the division receives a claim pursuant to subsection [1,] 2, the

21-31 division shall immediately notify the employer of the claim.

21-32 [3.] 4. For the purposes of this section, the employer has the burden of

21-33 proving that he provided mandatory coverage for occupational diseases for

21-34 the employee or that he was not required to maintain industrial insurance

21-35 for the employee.

21-36 [4.] 5. Any employer who has failed to provide mandatory coverage

21-37 required by the provisions of this chapter is liable for all payments made on

21-38 his behalf, including, but not limited to, any benefits, administrative costs

21-39 or attorney’s fees paid from the uninsured employers’ claim fund or

21-40 incurred by the division.

23-25 enterprise fund to receive all revenues derived from programs for

23-26 vocational training and employment of offenders and the operation of the

23-27 prison farm and to receive all revenues raised by the department from

23-28 private employers for the leasing of space, facilities or equipment within

23-29 the institutions or facilities of the department of prisons.

23-30 2. Money in the fund must be maintained in separate budgetary

23-31 accounts, including at least one account for industrial programs and one for

23-32 the prison farm.

23-33 3. Subject to the approval of the state board of examiners, the director

23-34 may expend money deposited in this fund for the promotion and

23-35 development of these programs and the prison farm. The director shall

23-36 expend money deposited in this fund to pay [to the state industrial

23-37 insurance system] the premiums required for coverage of offenders under

23-38 the modified program of industrial insurance adopted pursuant to NRS

23-39 616B.185.

23-40 4. The interest and income earned on the money in the fund, after

23-41 deducting any applicable charges, must be credited to the fund.

23-42 5. If money owed to the department for the leasing of space, facilities

24-9 department is located shall comply with the provisions of NRS [616B.230]

24-13 the commissioner may refuse to continue or may suspend, limit or revoke

24-14 an insurer’s certificate of authority if he finds after a hearing thereon, or

24-15 upon waiver of hearing by the insurer, that the insurer has:

24-16 (a) Violated or failed to comply with any lawful order of the

24-17 commissioner;

24-18 (b) Conducted his business in an unsuitable manner;

24-19 (c) Willfully violated or willfully failed to comply with any lawful

24-20 regulation of the commissioner; or

24-21 (d) Violated any provision of this code other than one for violation of

24-22 which suspension or revocation is mandatory.

24-23 In lieu of such a suspension or revocation, the commissioner may levy upon

24-24 the insurer, and the insurer shall pay forthwith, an administrative fine of not

24-25 more than $2,000 for each act or violation.

24-26 2. Except as otherwise provided in chapter 696B of NRS, the

24-27 commissioner shall suspend or revoke an insurer’s certificate of authority

24-28 on any of the following grounds if he finds after a hearing thereon that the

24-29 insurer:

24-30 (a) Is in unsound condition, is being fraudulently conducted, or is in

24-31 such a condition or is using such methods and practices in the conduct of its

24-32 business as to render its further transaction of insurance in this state

24-33 currently or prospectively hazardous or injurious to policyholders or to the

24-34 public.

24-35 (b) With such frequency as to indicate its general business practice in

24-36 this state:

24-37 (1) Has without just cause failed to pay, or delayed payment of,

24-38 claims arising under its policies, whether the claims are in favor of an

24-39 insured or in favor of a third person with respect to the liability of an

24-40 insured to the third person; or

24-41 (2) Without just cause compels insureds or claimants to accept less

25-36 resuming business.

26-5 vocational rehabilitation services by state or federal agency; use of

26-6 programs located outside state.