Senate Bill No. 55–Committee on Commerce and Labor
Prefiled January 28, 1999
(On Behalf of Legislative Committee on Workers’ Compensation)
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes regarding industrial insurance. (BDR 53-387)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 616A.450 is hereby amended to read as follows: 616A.450 1. Any claimant may request the appointment of the1-3
Nevada attorney for injured workers to represent him. The request must be1-4
made in writing.1-5
2. The appeals officer , appeals panel or administrator, as the case may1-6
be, shall consider each request within a reasonable time and shall make any1-7
inquiry as1-8
necessary. If1-9
that the claimant would be better served by legal representation in the case,2-1
2-2
Nevada attorney for injured workers to represent the claimant. Once the2-3
Nevada attorney for injured workers has been appointed to represent a2-4
claimant, the Nevada attorney for injured workers is authorized to represent2-5
the claimant at any level of proceedings if, in the opinion of the Nevada2-6
attorney for injured workers, the representation is necessary.2-7
Sec. 2. NRS 616A.455 is hereby amended to read as follows: 616A.455 1. Except as otherwise provided in subsection 3, the2-9
Nevada attorney for injured workers shall, when appointed by an appeals2-10
officer , an appeals panel or the administrator, represent without charge a2-11
claimant before the appeals officer, appeals panel, administrator, district2-12
court or supreme court. In addition, the Nevada attorney for injured2-13
workers may give advice regarding a claimant’s rights before a hearing2-14
officer and the procedure for enforcing those rights.2-15
2. When representing a claimant, the Nevada attorney for injured2-16
workers shall:2-17
(a) Advise the claimant and present his case to the appeals officer ,2-18
appeals panel or administrator; and2-19
(b) Present in the district court or supreme court an appeal from the2-20
decision of the appeals officer , appeals panel or administrator if, in the2-21
opinion of the Nevada attorney for injured workers, the appeal is merited.2-22
3. If the Nevada attorney for injured workers determines, in accordance2-23
with the guidelines adopted pursuant to subsection 4, that a claim is2-24
frivolous or lacks merit, he may refuse to represent a claimant.2-25
4. The Nevada attorney for injured workers shall establish the policies2-26
to be followed in determining whether a claim is frivolous or lacks merit.2-27
Sec. 3. NRS 616B.018 is hereby amended to read as follows: 616B.018 1. The administrator shall establish a method of indexing2-29
claims for compensation that will make information concerning the2-30
claimants of an insurer available to other insurers and the fraud control unit2-31
for industrial insurance established pursuant to NRS 228.420.2-32
2. Every insurer shall provide information as required by the2-33
administrator for establishing and maintaining the index of claims.2-34
3. If an employee files a claim with an insurer, the insurer is entitled to2-35
receive from the administrator a list of the prior claims of the employee. If2-36
the insurer desires to inspect the files related to the prior claims, he must2-37
obtain the written consent of the employee.2-38
4. Any information obtained from the index of claims must be admitted2-39
into evidence in any hearing before an appeals officer, an appeals panel, a2-40
hearing officer or the administrator.2-41
5. The division may assess and collect a reasonable fee for its services2-42
provided pursuant to this section. The fee must be payable monthly or at2-43
such other intervals as determined by the administrator.3-1
6. If the administrator determines that an insurer has intentionally3-2
failed to provide the information required by this section, the administrator3-3
shall impose an administrative fine of $1,000 for each initial violation, or a3-4
fine of $10,000 for a second or subsequent violation.3-5
Sec. 4. NRS 616B.215 is hereby amended to read as follows: 616B.215 1. Except as otherwise provided in subsection 2:3-7
(a) A principal contractor or an owner of property acting as a principal3-8
contractor aggrieved by a letter issued pursuant to NRS 616B.645; or3-9
(b) An employer aggrieved by a determination made pursuant to NRS3-10
616C.585,3-11
may appeal from the letter or determination by filing a notice of appeal3-12
with the administrator within 30 days after the date of the letter or3-13
determination.3-14
2. An employer shall not seek to remove costs that have been charged3-15
to his account by appealing to the administrator any issue that relates to a3-16
claim for compensation if the issue was raised or could have been raised3-17
before a hearing officer ,3-18
pursuant to NRS 616C.315 or 616C.3453-19
respectively.3-20
3. The decision of the administrator is the final and binding3-21
administrative determination of an appeal filed pursuant to this section, and3-22
the whole record consists of all evidence taken at the hearing before the3-23
administrator and any findings based thereon.3-24
Sec. 5. Chapter 616C of NRS is hereby amended by adding thereto the3-25
provisions set forth as sections 6 to 9, inclusive, of this act.3-26
Sec. 6. 1. A hearing officer, an appeals officer or an appeals3-27
panel:3-28
(a) Shall, with respect to each appeal or contested claim for3-29
compensation, make its own findings of fact, reach its own conclusions3-30
of law and author the decision it renders; and3-31
(b) Shall not solicit or accept findings of fact, conclusions of law or3-32
decisions that have been drafted or proposed by another person or3-33
governmental entity.3-34
2. The provisions of this section do not prohibit a hearing officer, an3-35
appeals officer or an appeals panel from soliciting or accepting3-36
assistance with the copying, printing, typing or processing of the text of3-37
findings of fact, conclusions of law or decisions, if such services do not3-38
extend to assistance with creating the substantive content of such3-39
documents.3-40
Sec. 7. The senior appeals officer shall:3-41
1. At least twice each year, conduct an evaluation of the performance3-42
of each of the other appeals officers employed by the hearings division of3-43
the department of administration. In conducting an evaluation pursuant4-1
to this section, the senior appeals officer shall determine whether the4-2
appeals officer being evaluated has:4-3
(a) Met the standards for performance prescribed by the chief of the4-4
hearings division pursuant to NRS 616C.295; and4-5
(b) Rendered decisions in contested claims for compensation in a4-6
timely manner as required pursuant to subsection 5 of NRS 616C.360.4-7
2. Within 15 days after completing an evaluation pursuant to4-8
subsection 1, prepare a written report of the evaluation and transmit a4-9
copy to the chief of the hearings division of the department of4-10
administration for compilation pursuant to NRS 616C.295.4-11
3. In accordance with the requirements for training and continuing4-12
education, standards and procedures prescribed by the chief of the4-13
hearings division of the department of administration pursuant to NRS4-14
616C.295, provide training to each of the other appeals officers employed4-15
by the hearings division.4-16
Sec. 8. 1. A party aggrieved by a decision of an appeals officer4-17
relating to a claim for compensation may appeal from the decision by4-18
filing a notice of appeal with the senior appeals officer within 15 days4-19
after the date of the decision.4-20
2. Upon the receipt of a notice of appeal filed pursuant to subsection4-21
1, the senior appeals officer shall appoint an appeals panel that consists4-22
of three appeals officers, none of whom may be the appeals officer who4-23
rendered the decision from which the aggrieved party is appealing.4-24
3. Except as otherwise provided in NRS 616C.380, the filing of a4-25
notice of appeal does not automatically stay the enforcement of the4-26
decision of an appeals officer. The appeals panel may order a stay, when4-27
appropriate, upon the application of a party. If such an application is4-28
submitted, the decision is automatically stayed until a determination is4-29
made concerning the application. A determination on the application4-30
must be made within 30 days after the filing of the application. If a stay4-31
is not granted by the panel after reviewing the application, the decision4-32
must be complied with within 10 days after the date of the refusal to4-33
grant the stay.4-34
4. Except as otherwise provided in this subsection, the appeals panel4-35
shall, within 10 days after receiving a notice of appeal pursuant to this4-36
section, schedule a hearing on the merits of the appeal for a date and4-37
time within 45 days after its receipt of the notice, and give notice by mail4-38
or by personal service to all parties to the matter and their attorneys or4-39
agents at least 30 days before the date and time scheduled. The appeals4-40
panel may, upon request, schedule the hearing for a date and time that is4-41
not within 45 days after the appeals panel received the notice of appeal if4-42
all parties to the appeal agree to the request. Notice given pursuant to4-43
this subsection must include a statement that a party who is an injured5-1
employee may be represented by a private attorney or seek assistance and5-2
advice from the Nevada attorney for injured workers.5-3
5. An appeal may be continued upon written stipulation of all5-4
parties, or upon good cause shown.5-5
6. Failure to file a notice of appeal within the period specified in5-6
subsection 1 may be excused if the party aggrieved shows by a5-7
preponderance of the evidence that he did not receive the notice of the5-8
decision and the forms necessary to appeal the decision. The claimant,5-9
employer or insurer shall notify the appeals officer of a change of5-10
address.5-11
Sec. 9. 1. A stenographic or electronic record must be kept of the5-12
hearing before an appeals panel, and the rules of evidence applicable to5-13
contested cases pursuant to chapter 233B of NRS apply to the hearing.5-14
2. The scope of a hearing before an appeals panel is limited to5-15
determining whether substantial evidence existed to support the decision5-16
rendered by the appeals officer.5-17
3. If necessary to resolve a medical question concerning an injured5-18
employee’s condition, an appeals panel may refer the employee to a5-19
physician or chiropractor chosen by the appeals panel. If the medical5-20
question concerns the rating of a permanent disability, the appeals panel5-21
may refer the employee to a rating physician or chiropractor. The rating5-22
physician or chiropractor must be selected in rotation from the list of5-23
qualified physicians or chiropractors maintained by the administrator5-24
pursuant to subsection 2 of NRS 616C.490, unless the insurer and the5-25
injured employee otherwise agree to a rating physician or chiropractor.5-26
The insurer shall pay the costs of any examination requested by the5-27
appeals panel.5-28
4. A party to the appeal or the appeals panel may order a transcript5-29
of the record of the hearing at any time before the seventh day after the5-30
hearing. The transcript must be filed within 30 days after the date of the5-31
order unless the appeals panel otherwise orders.5-32
5. An appeals panel shall render its decision:5-33
(a) If a transcript is ordered within 7 days after the hearing, within 305-34
days after the transcript is filed; or5-35
(b) If a transcript has not been ordered, within 30 days after the date5-36
of the hearing.5-37
6. An appeals panel may affirm, modify or reverse a decision made5-38
by the appeals officer and issue any necessary and proper order to give5-39
effect to its decision.5-40
7. The decision of an appeals panel must be based upon the5-41
affirmative vote of at least two of the three appeals officers appointed to5-42
the panel.6-1
8. The decision of an appeals panel is the final and binding6-2
administrative determination of a claim for compensation pursuant to6-3
chapters 616A to 616D, inclusive, or chapter 617 of NRS, and the whole6-4
record consists of all evidence taken at the hearing before the appeals6-5
officer and any findings of fact and conclusions of law based thereon.6-6
Sec. 10. NRS 616C.050 is hereby amended to read as follows: 616C.050 1. An insurer shall provide to each claimant:6-8
(a) Upon written request, one copy of any medical information6-9
concerning his injury or illness.6-10
(b) A statement which contains information concerning the claimant’s6-11
right to:6-12
(1) Receive the information and forms necessary to file a claim;6-13
(2) Select a treating physician or chiropractor in accordance with the6-14
provisions of NRS 616C.090;6-15
(3) Request the appointment of the Nevada attorney for injured6-16
workers to represent him before the appeals officer6-17
panel;6-18
(4) File a complaint with the administrator;6-19
(5) When applicable, receive compensation for:6-20
(I) Permanent total disability;6-21
(II) Temporary total disability;6-22
(III) Permanent partial disability;6-23
(IV) Temporary partial disability; or6-24
(V) All medical costs related to his injury or disease;6-25
(6) Receive services for rehabilitation if his injury prevents him from6-26
returning to gainful employment;6-27
(7) Review by a hearing officer of any determination or rejection of a6-28
claim by the insurer within the time specified by statute; and6-29
(8) Judicial review of any final decision within the time specified by6-30
statute.6-31
2. The administrator shall adopt regulations for the manner of6-32
compliance by an insurer with the provisions of subsection 1.6-33
Sec. 11. NRS 616C.140 is hereby amended to read as follows: 616C.140 1. Any employee who is entitled to receive compensation6-35
under chapters 616A to 616D, inclusive, of NRS shall, if:6-36
(a) Requested by the insurer or employer; or6-37
(b) Ordered by an appeals officer , an appeals panel or a hearing6-38
officer,6-39
submit himself for medical examination at a time and from time to time at a6-40
place reasonably convenient for the employee, and as may be provided by6-41
the regulations of the division.6-42
2. If the insurer has reasonable cause to believe that an injured6-43
employee who is receiving compensation for a permanent total disability is7-1
no longer disabled, the insurer may request the employee to submit to an7-2
annual medical examination to determine whether the disability still exists.7-3
The insurer shall pay the costs of the examination.7-4
3. The request or order for an examination must fix a time and place7-5
therefor, with due regard for the nature of the medical examination, the7-6
convenience of the employee, his physical condition and his ability to7-7
attend at the time and place fixed.7-8
4. The employee is entitled to have a physician or chiropractor,7-9
provided and paid for by him, present at any such examination.7-10
5. If the employee refuses to submit to an examination ordered or7-11
requested pursuant to subsection 1 or 2 or obstructs the examination, his7-12
right to compensation is suspended until the examination has taken place,7-13
and no compensation is payable during or for the period of suspension.7-14
6. Any physician or chiropractor who makes or is present at any such7-15
examination may be required to testify as to the result thereof.7-16
Sec. 12. NRS 616C.225 is hereby amended to read as follows: 616C.225 1. Except as otherwise provided in this section, if an7-18
insurer determines that an employee has knowingly misrepresented or7-19
concealed a material fact to obtain any benefit or payment under the7-20
provisions of chapters 616A to 616D, inclusive, of NRS, the insurer may7-21
deduct from any benefits or payments due to the employee, the amount7-22
obtained by the employee because of the misrepresentation or concealment7-23
of a material fact. The employee shall reimburse the insurer for all benefits7-24
or payments received because of the willful misrepresentation or7-25
concealment of a material fact.7-26
2. An employee who is aggrieved by a determination of an insurer7-27
made pursuant to subsection 1 may appeal that determination pursuant to7-28
NRS 616C.315 to 616C.385, inclusive7-29
of this act. If the final decision by an appeals officer or an appeals panel is7-30
favorable to the employee, the administrator shall order the insurer to pay7-31
$2,000 to that employee, in addition to any benefits or payments the7-32
employee is entitled to receive, if the administrator determines that the7-33
insurer had no reasonable basis for believing that the employee knowingly7-34
misrepresented or concealed a material fact to obtain any benefit or7-35
payment.7-36
3. If an employee elects to receive his award for a permanent partial7-37
disability in a lump sum pursuant to NRS 616C.495 and a criminal action is7-38
brought against the employee for an alleged violation of NRS 616D.300,7-39
the insurer shall, upon receiving notice of the action and until a judgment is7-40
entered in the action, pay reasonable portions of the lump-sum award in7-41
monthly installments. If the employee is not convicted of the alleged7-42
violation, the insurer shall pay the employee the balance of the award in a8-1
lump sum. The provisions of subsection 2 do not apply to require any8-2
additional payment at the conclusion of a criminal action.8-3
4. This section does not preclude an insurer from making an8-4
investigation pursuant to, or pursuing the remedies provided by, NRS8-5
616D.300.8-6
Sec. 13. NRS 616C.235 is hereby amended to read as follows: 616C.235 1. Except as otherwise provided in subsection 2:8-8
(a) When the insurer determines that a claim should be closed before all8-9
benefits to which the claimant may be entitled have been paid, the insurer8-10
shall send a written notice of its intention to close the claim to the claimant8-11
by first-class mail addressed to the last known address of the claimant. The8-12
notice must include a statement that if the claimant does not agree with the8-13
determination, he has a right to request a resolution of the dispute pursuant8-14
to NRS 616C.305 and 616C.315 to 616C.385, inclusive8-15
to 9, inclusive, of this act. A suitable form for requesting a resolution of the8-16
dispute must be enclosed with the notice. The closure of a claim is not8-17
effective unless notice is given as required by this subsection.8-18
(b) If the insurer does not receive a request for the resolution of the8-19
dispute, it may close the claim.8-20
(c) Notwithstanding the provisions of NRS 233B.125, if a hearing is8-21
conducted to resolve the dispute, the decision of the hearing officer may be8-22
served by first-class mail.8-23
2. If the medical benefits required to be paid for a claim are less than8-24
$500, the claim closes automatically if the claimant does not receive8-25
medical treatment for the injury for at least 12 months. The claimant may8-26
not appeal the closing of such a claim.8-27
Sec. 14. NRS 616C.295 is hereby amended to read as follows: 616C.295 The chief of the hearings division of the department of8-29
administration shall:8-30
1. Prescribe by regulation8-31
(a) The qualifications and training required before a person may,8-32
pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, serve8-33
as a hearing officer. Training for a hearing officer must include techniques8-34
of mediation.8-35
(b) The training and continuing education required of each person8-36
employed by the hearings division as an appeals officer.8-37
(c) Standards for the performance of appeals officers in handling8-38
appeals and contested claims for compensation, including, without8-39
limitation, standards that require an appeals officer to render a decision8-40
in each appeal and contested claim in a manner that is consistent with:8-41
(1) Legal authority; and9-1
(2) Other decisions, if any, rendered by that appeals officer with9-2
respect to appeals and contested claims in which the facts and issues9-3
were substantially similar.9-4
(d) Procedures to improve the performance of an appeals officer9-5
whom the senior appeals officer determines by evaluation pursuant to9-6
section 7 of this act to be performing in a substandard manner.9-7
2. Provide for the expediting of the hearing of cases that involve the9-8
termination or denial of compensation.9-9
3. At least once each year, compile the following information with9-10
respect to each appeals officer employed by the hearings division of the9-11
department of administration:9-12
(a) The number of hearings on the merits in contested claims for9-13
compensation that the appeals officer has conducted in each month9-14
during his term of office;9-15
(b) The number of final decisions of the appeals officer for which9-16
judicial review is sought pursuant to NRS 616C.370, including notations9-17
that identify specifically for each such decision:9-18
(1) The court in which judicial review is sought; and9-19
(2) The action taken by the court in which judicial review is sought,9-20
including, without limitation, whether the matter is still pending or9-21
whether the court affirmed, modified or reversed the decision of the9-22
appeals officer; and9-23
(c) The evaluations pertaining to the appeals officer that have been9-24
conducted by the senior appeals officer pursuant to section 7 of this act.9-25
Sec. 15. NRS 616C.305 is hereby amended to read as follows: 616C.305 1. Except as otherwise provided in subsection 3, any9-27
person who is aggrieved by a decision concerning accident benefits made9-28
by an organization for managed care which has contracted with an insurer9-29
must, within 14 days of the decision and before requesting a resolution of9-30
the dispute pursuant to NRS 616C.345 to 616C.385, inclusive, and9-31
sections 8 and 9 of this act, appeal that decision in accordance with the9-32
procedure for resolving complaints established by the organization for9-33
managed care.9-34
2. The procedure for resolving complaints established by the9-35
organization for managed care must be informal and must include, but is9-36
not limited to, a review of the appeal by a qualified physician or9-37
chiropractor who did not make or otherwise participate in making the9-38
decision.9-39
3. If a person appeals a final determination pursuant to a procedure for9-40
resolving complaints established by an organization for managed care and9-41
the dispute is not resolved within 14 days after it is submitted, he may9-42
request a resolution of the dispute pursuant to NRS 616C.345 to 616C.385,9-43
inclusive10-1
Sec. 16. NRS 616C.325 is hereby amended to read as follows: 616C.325 1. It is unlawful for any person to represent an employee10-3
before a10-4
hearings or other meetings with an insurer concerning the employee’s claim10-5
or possible claim, unless he is:10-6
(a) Employed full time by the employee’s labor organization;10-7
(b) Admitted to practice law in this state;10-8
(c) Employed full time by and under the supervision of an attorney10-9
admitted to practice law in this state; or10-10
(d) Appearing without compensation on behalf of the employee.10-11
It is unlawful for any person who is not admitted to practice law in this state10-12
to represent the employee before an appeals officer10-13
2. It is unlawful for any person to represent an employer at hearings of10-14
contested cases unless that person is:10-15
(a) Employed full time by the employer or a trade association to which10-16
the employer belongs that is not formed solely for the purpose of providing10-17
representation at hearings of contested cases;10-18
(b) An employer’s representative licensed pursuant to subsection 3 who10-19
is not licensed as a third-party administrator;10-20
(c) Admitted to practice law in this state; or10-21
(d) A licensed third-party administrator.10-22
3. The director of the department of administration shall adopt10-23
regulations which include the:10-24
(a) Requirements for licensure of employers’ representatives, including:10-25
(1) The registration of each representative; and10-26
(2) The filing of a copy of each written agreement for the10-27
compensation of a representative;10-28
(b) Procedure for such licensure; and10-29
(c) Causes for revocation of such a license, including any applicable10-30
action listed in NRS 616D.120 or a violation of this section.10-31
4. Any person who is employed by or contracts with an employer to10-32
represent the employer at hearings regarding contested claims is an agent of10-33
the employer. If the employer’s representative violates any provision of this10-34
chapter or chapter 616A, 616B or 616D of NRS, the employer is liable for10-35
any penalty assessed because of that violation.10-36
5. An employer shall not make the compensation of any person10-37
representing him contingent in any manner upon the outcome of any10-38
contested claim.10-39
6. The director of the department of administration shall collect in10-40
advance and deposit with the state treasurer for credit to the state general10-41
fund the following fees for licensure as an employer’s representative:10-42
(a) Application and license $7810-43
(b) Triennial renewal of each license 7811-1
Sec. 17. NRS 616C.340 is hereby amended to read as11-2
follows: 616C.340 1. The11-4
administration, in his capacity as the chief of the hearings division, shall11-5
appoint one or more appeals officers to conduct hearings in contested11-6
claims for compensation pursuant to NRS 616C.360. Each appeals officer11-7
11-8
and until his successor is appointed and has qualified. Each appeals officer11-9
is entitled to receive an annual salary in an amount provided by law and is11-10
in the unclassified service of the state.11-11
2. Each appeals officer must be an attorney who has been licensed to11-12
practice law before all the courts of this state for at least 2 years11-13
who has at least 2 years of experience practicing law in actions related to11-14
claims for compensation. Except as otherwise provided in NRS 7.065, an11-15
appeals officer shall not engage in the private practice of law.11-16
3. If an appeals officer determines that he has a personal interest or a11-17
conflict of interest, directly or indirectly, in any case which is before him11-18
or an appeals panel of which he is a member, he shall disqualify himself11-19
from hearing the case.11-20
4. The11-21
capacity as the chief of the hearings division, may appoint one or more11-22
special appeals officers to conduct hearings in contested claims for11-23
compensation pursuant to NRS 616C.360. The11-24
not appoint an attorney who represents persons in actions related to claims11-25
for compensation to serve as a special appeals officer.11-26
5. A special appeals officer appointed pursuant to subsection 4 is11-27
vested with the same powers as a regular appeals officer. A special appeals11-28
officer may hear any case in which a regular appeals officer has a conflict,11-29
or any case assigned to him by the senior appeals officer to assist with a11-30
backlog of cases. A special appeals officer is entitled to be paid at an11-31
hourly rate, as determined by the department of administration.11-32
6.11-33
of an appeals officer is the final and binding administrative determination11-34
of a claim for compensation11-35
inclusive, or chapter 617 of NRS, and the whole record consists of all11-36
evidence taken at the hearing before the appeals officer and any findings of11-37
fact and conclusions of law based thereon. If an aggrieved party appeals11-38
the decision of an appeals officer to an appeals panel pursuant to section11-39
8 of this act, the decision of the appeals panel is the final and binding11-40
administrative determination as set forth in subsection 8 of section 9 of11-41
this act.11-42
Sec. 18. NRS 616C.350 is hereby amended to read as follows: 616C.350 1. Any physician or chiropractor who attends an employee11-44
within the provisions of chapters 616A to 616D, inclusive, or chapter 61712-1
of NRS in a professional capacity, may be required to testify before an12-2
appeals officer12-3
testifies is entitled to receive the same fees as witnesses in civil cases and,12-4
if the appeals officer or the appeals panel so orders at12-5
discretion, a fee equal to that authorized for a consultation by the12-6
appropriate schedule of fees for physicians or chiropractors. These fees12-7
must be paid by the insurer.12-8
2. Information gained by the attending physician or chiropractor while12-9
in attendance on the injured employee is not a privileged communication if:12-10
(a) Required by an appeals officer or an appeals panel for a proper12-11
understanding of the case and a determination of the rights involved; or12-12
(b) The information is related to any fraud that has been or is alleged to12-13
have been committed in violation of the provisions of this chapter or12-14
chapter 616A, 616B or 616D of NRS.12-15
Sec. 19. NRS 616C.355 is hereby amended to read as follows: 616C.355 At any time 10 or more days before a scheduled hearing12-17
before an appeals officer, an appeals panel, the administrator, the manager12-18
or the manager’s designee, a party shall mail or deliver to the opposing12-19
party any affidavit or declaration which he proposes to introduce into12-20
evidence and notice to the effect that unless the opposing party, within 712-21
days after the mailing or delivery of such affidavit or declaration, mails or12-22
delivers to the proponent a request to cross-examine the affiant or12-23
declarant, his right to cross-examine the affiant or declarant is waived and12-24
the affidavit or declaration, if introduced into evidence, will have the same12-25
effect as if the affiant or declarant had given sworn testimony before the12-26
appeals officer, the appeals panel, the administrator, the manager or the12-27
manager’s designee.12-28
Sec. 20. NRS 616C.360 is hereby amended to read as follows: 616C.360 1. A stenographic or electronic record must be kept of the12-30
hearing before the appeals officer and the rules of evidence applicable to12-31
contested cases under chapter 233B of NRS apply to the hearing.12-32
2. The appeals officer must hear any matter raised before him on its12-33
merits, including new evidence bearing on the matter.12-34
3. If necessary to resolve a medical question concerning an injured12-35
employee’s condition, the appeals officer may refer the employee to a12-36
physician or chiropractor chosen by the appeals officer. If the medical12-37
question concerns the rating of a permanent disability, the appeals officer12-38
may refer the employee to a rating physician or chiropractor. The rating12-39
physician or chiropractor must be selected in rotation from the list of12-40
qualified physicians or chiropractors maintained by the administrator12-41
pursuant to subsection 2 of NRS 616C.490, unless the insurer and the13-1
injured employee otherwise agree to a rating physician or chiropractor. The13-2
insurer shall pay the costs of any examination requested by the appeals13-3
officer.13-4
4. Any party to the appeal or the appeals officer may order a transcript13-5
of the record of the hearing at any time before the seventh day after the13-6
hearing. The transcript must be filed within 30 days after the date of the13-7
order unless the appeals officer otherwise orders.13-8
5. The appeals officer shall render his decision:13-9
(a) If a transcript is ordered within 7 days after the hearing, within 3013-10
days after the transcript is filed; or13-11
(b) If a transcript has not been ordered, within 30 days after the date of13-12
the hearing.13-13
6. The appeals officer may affirm, modify or reverse any decision13-14
made by the hearing officer and issue any necessary and proper order to13-15
give effect to his decision.13-16
7. The appeals officer shall give notice of his decision to each party13-17
by mail. He shall include with the notice of his decision the necessary13-18
forms for appealing from the decision to an appeals panel.13-19
Sec. 21. NRS 616C.365 is hereby amended to read as follows: 616C.365 1. If an employer or insurer requests a hearing before a13-21
hearing officer ,13-22
compensation, and the hearing results in a decision favorable to the13-23
employee, the employee is entitled to receive reimbursement from the13-24
insurer for:13-25
(a) His actual expenses necessarily incurred for travel to and from the13-26
hearing, if he is required to travel more than 20 miles one way from his13-27
residence or place of employment to the hearing; and13-28
(b) Any regular wages lost as a result of his attending the hearing.13-29
2. The division shall adopt regulations governing the procedure and13-30
forms to be used for the reimbursement provided by subsection 1.13-31
Sec. 22. NRS 616C.370 is hereby amended to read as follows: 616C.370 1. No judicial proceedings may be instituted for13-33
compensation for an injury or death under chapters 616A to 616D,13-34
inclusive, of NRS unless:13-35
(a) A claim for compensation is filed as provided in NRS 616C.020; and13-36
(b) A final decision13-37
claim13-38
(1) An appeals officer; or13-39
(2) An appeals panel, if the decision of an appeals officer was13-40
appealed to the appeals panel pursuant to section 8 of this act.13-41
2. Judicial proceedings instituted for compensation for an injury or13-42
death, under chapters 616A to 616D, inclusive, of NRS are limited to13-43
judicial review of the decision of14-1
(a) An appeals officer14-2
(b) An appeals panel, if the decision of an appeals officer was14-3
appealed to the appeals panel pursuant to section 8 of this act.14-4
Sec. 23. NRS 616C.375 is hereby amended to read as follows: 616C.375 If an insurer, employer or claimant, or the representative of14-6
an insurer, employer or claimant, appeals the decision of an appeals officer14-7
14-8
by the appeals officer , the appeals panel or the district court within 3014-9
days after the date on which the decision was rendered.14-10
Sec. 24. NRS 616C.380 is hereby amended to read as follows: 616C.380 1. If a hearing officer, appeals officer , appeals panel or14-12
district court renders a decision on a claim for compensation and the14-13
insurer or employer appeals that decision, but is unable to obtain a stay of14-14
the decision:14-15
(a) Payment of that portion of an award for a permanent partial14-16
disability which is contested must be made in installment payments until the14-17
claim reaches final resolution.14-18
(b) Payment of the award must be made in monthly installments of 6614-19
2/3 percent of the average wage of the claimant until the claim reaches final14-20
resolution if the claim is for more than 3 months of past benefits for a14-21
temporary total disability or rehabilitation, or for a payment in lump sum14-22
related to past benefits for rehabilitation, such as costs for purchasing a14-23
business or equipment.14-24
2. If the final resolution of the claim is in favor of the claimant, the14-25
remaining amount of compensation to which the claimant is entitled may be14-26
paid in a lump sum if the claimant is otherwise eligible for such a payment14-27
pursuant to NRS 616C.495 and any regulations adopted pursuant thereto. If14-28
the final resolution of the claim is in favor of the insurer or employer, any14-29
amount paid to the claimant in excess of the uncontested amount must be14-30
deducted from any future benefits related to that claim, other than medical14-31
benefits, to which the claimant is entitled. The deductions must be made in14-32
a reasonable manner so as not to create an undue hardship to the claimant.14-33
Sec. 25. NRS 616C.385 is hereby amended to read as follows: 616C.385 If a party petitions the district court for judicial review of a14-35
final decision of an appeals officer, an appeals panel, the manager or the14-36
manager’s designee, and the petition is found by the district court to be14-37
frivolous or brought without reasonable grounds, the district court may14-38
order costs and a reasonable attorney’s fee to be paid by the petitioner.14-39
Sec. 26. NRS 616C.585 is hereby amended to read as follows: 616C.585 1. Except as otherwise provided in subsection 2,14-41
vocational rehabilitation services ordered by an insurer, a hearing officer ,14-42
14-43
goods and services:15-1
(a) A motor vehicle.15-2
(b) Repairs to an injured employee’s motor vehicle.15-3
(c) Tools and equipment normally provided to the injured employee by15-4
his employer during the course of his employment.15-5
(d) Care for the injured employee’s children.15-6
2. An injured employee is entitled to receive the goods and services set15-7
forth in subsection 1 only if his insurer determines that such goods and15-8
services are reasonably necessary.15-9
3. Vocational rehabilitation services ordered by an insurer may include15-10
the formal education of the injured employee only if:15-11
(a) The priorities set forth in NRS 616C.530 for returning an injured15-12
employee to work are followed;15-13
(b) The education is recommended by a plan for a program of vocational15-14
rehabilitation developed pursuant to NRS 616C.555; and15-15
(c) A written proposal concerning the probable economic benefits to the15-16
employee and the necessity of the education is submitted to the insurer.15-17
Sec. 27. NRS 616C.600 is hereby amended to read as follows: 616C.600 1. A hearing officer15-19
panel shall not order self-employment for an injured employee or the15-20
payment of compensation in a lump sum for vocational rehabilitation.15-21
2. An insurer, an employer and an injured employee may execute an15-22
agreement concerning self-employment.15-23
Sec. 28. NRS 616D.050 is hereby amended to read as follows: 616D.050 1. Appeals officers, appeals panels, the administrator, the15-25
manager and the manager’s designee, in conducting hearings or other15-26
proceedings pursuant to the provisions of chapters 616A to 616D,15-27
inclusive, of NRS or regulations adopted pursuant to those chapters may:15-28
(a) Issue subpoenas requiring the attendance of any witness or the15-29
production of books, accounts, papers, records and documents.15-30
(b) Administer oaths.15-31
(c) Certify to official acts.15-32
(d) Call and examine under oath any witness or party to a claim.15-33
(e) Maintain order.15-34
(f) Rule upon all questions arising during the course of a hearing or15-35
proceeding.15-36
(g) Permit discovery by deposition or interrogatories.15-37
(h) Initiate and hold conferences for the settlement or simplification of15-38
issues.15-39
(i) Dispose of procedural requests or similar matters.15-40
(j) Generally regulate and guide the course of a pending hearing or15-41
proceeding.16-1
2. Hearing officers, in conducting hearings or other proceedings16-2
pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS or16-3
regulations adopted pursuant to those chapters, may:16-4
(a) Issue subpoenas requiring the attendance of any witness or the16-5
production of books, accounts, papers, records and documents that are16-6
relevant to the dispute for which the hearing or other proceeding is being16-7
held.16-8
(b) Maintain order.16-9
(c) Permit discovery by deposition or interrogatories.16-10
(d) Initiate and hold conferences for the settlement or simplification of16-11
issues.16-12
(e) Dispose of procedural requests or similar matters.16-13
(f) Generally regulate and guide the course of a pending hearing or16-14
proceeding.16-15
Sec. 29. NRS 616D.065 is hereby amended to read as follows: 616D.065 1. An appeals officer16-17
conducting hearings or other proceedings pursuant to the provisions of16-18
chapters 616A to 616D, inclusive, of NRS or regulations adopted pursuant16-19
to those chapters, may order the attorney or representative of a party to pay16-20
any costs that are incurred by the hearings division of the department of16-21
administration for a court reporter or an interpreter.16-22
2. Before ordering the payment of such costs, the appeals officer or the16-23
appeals panel must find that the costs were incurred because the attorney16-24
or representative of a party caused a continuance or delay in a scheduled16-25
hearing by his failure, without good cause, to comply with an order of the16-26
appeals officer , the appeals panel or a regulation adopted pursuant to16-27
chapters 616A to 616D, inclusive, of NRS.16-28
Sec. 30. NRS 616D.070 is hereby amended to read as follows: 616D.070 If any person:16-30
1. Disobeys an order of an appeals officer, an appeals panel, a hearing16-31
officer, the administrator, the manager or the manager’s designee, or a16-32
subpoena issued by the manager, manager’s designee, administrator,16-33
appeals officer, appeals panel, hearing officer, inspector or examiner;16-34
2. Refuses to permit an inspection; or16-35
3. As a witness, refuses to testify to any matter for which he may be16-36
lawfully interrogated,16-37
the district judge of the county in which the person resides, on application16-38
of the appeals officer, the appeals panel, the hearing officer, the16-39
administrator, the manager or the manager’s designee, shall compel16-40
obedience by attachment proceedings as for contempt, as in the case of16-41
disobedience of the requirements of subpoenas issued from the court on a16-42
refusal to testify therein.17-1
Sec. 31. NRS 616D.080 is hereby amended to read as follows: 616D.080 1. Each officer who serves a subpoena is entitled to17-3
receive the same fees as a sheriff.17-4
2. Each witness who appears, in obedience to a subpoena which has17-5
been issued pursuant to this chapter or chapter 616A, 616B or 616C of17-6
NRS, before an appeals officer, an appeals panel, a hearing officer, the17-7
administrator, the manager or the manager’s designee, is entitled to receive17-8
for his attendance the fees and mileage provided for witnesses in civil cases17-9
in courts of record.17-10
3. The appeals officer, appeals panel, hearing officer, administrator,17-11
manager or manager’s designee shall:17-12
(a) Authorize payment from his administrative budget of the fees and17-13
mileage due to such a witness; or17-14
(b) Impose those costs upon the party at whose instance the witness was17-15
subpoenaed or, for good cause shown, upon any other party.17-16
Sec. 32. NRS 616D.100 is hereby amended to read as follows: 616D.100 1. A transcribed copy of the evidence and proceedings, or17-18
any specific part thereof, of any final hearing or investigation, made by a17-19
stenographer appointed by an appeals officer, an appeals panel, a hearing17-20
officer, the administrator, the manager or the manager’s designee, being17-21
certified by that stenographer to be a true and correct transcript of the17-22
testimony in the final hearing or investigation, or of a particular witness, or17-23
of a specific part thereof, and carefully compared by him with his original17-24
notes, and to be a correct statement of the evidence and proceedings had on17-25
the final hearing or investigation so purporting to be taken and transcribed,17-26
may be received in evidence with the same effect as if the stenographer had17-27
been present and testified to the facts so certified.17-28
2. A copy of the transcript must be furnished on demand to any party17-29
upon the payment of the fee required for transcripts in courts of record.17-30
Sec. 33. NRS 616D.120 is hereby amended to read as follows: 616D.120 1. Except as otherwise provided in this section, if the17-32
administrator determines that an insurer, organization for managed care,17-33
health care provider, third-party administrator or employer has:17-34
(a) Through fraud, coercion, duress or undue influence:17-35
(1) Induced a claimant to fail to report an accidental injury or17-36
occupational disease;17-37
(2) Persuaded a claimant to settle for an amount which is less than17-38
reasonable;17-39
(3) Persuaded a claimant to settle for an amount which is less than17-40
reasonable while a hearing or an appeal is pending; or17-41
(4) Persuaded a claimant to accept less than the compensation found17-42
to be due him by a hearing officer, appeals officer, appeals panel, court of18-1
competent jurisdiction, written settlement agreement, written stipulation or18-2
the division when carrying out its duties pursuant to chapters 616A to 617,18-3
inclusive, of NRS;18-4
(b) Refused to pay or unreasonably delayed payment to a claimant of18-5
compensation found to be due him by a hearing officer, appeals officer,18-6
appeals panel, court of competent jurisdiction, written settlement18-7
agreement, written stipulation or the division when carrying out its duties18-8
pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the18-9
refusal or delay occurs:18-10
(1) Later than 10 days after the date of the settlement agreement or18-11
stipulation;18-12
(2) Later than 30 days after the date of the decision of a court, hearing18-13
officer, appeals officer , appeals panel or division, unless a stay has been18-14
granted; or18-15
(3) Later than 10 days after a stay of the decision of a court, hearing18-16
officer, appeals officer , appeals panel or division has been lifted;18-17
(c) Refused to process a claim for compensation pursuant to chapters18-18
616A to 616D, inclusive, or chapter 617 of NRS;18-19
(d) Made it necessary for a claimant to initiate proceedings pursuant to18-20
chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation18-21
found to be due him by a hearing officer, appeals officer, appeals panel,18-22
court of competent jurisdiction, written settlement agreement, written18-23
stipulation or the division when carrying out its duties pursuant to chapters18-24
616A to 616D, inclusive, or chapter 617 of NRS;18-25
(e) Failed to comply with the division’s regulations covering the18-26
payment of an assessment relating to the funding of costs of administration18-27
of chapters 616A to 617, inclusive, of NRS;18-28
(f) Failed to provide or unreasonably delayed payment to an injured18-29
employee or reimbursement to an insurer pursuant to NRS 616C.165; or18-30
(g) Intentionally failed to comply with any provision of, or regulation18-31
adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of18-32
NRS,18-33
the administrator shall impose an administrative fine of $1,000 for each18-34
initial violation, or a fine of $10,000 for a second or subsequent violation.18-35
2. Except as otherwise provided in chapters 616A to 616D, inclusive,18-36
or chapter 617 of NRS, if the administrator determines that an insurer,18-37
organization for managed care, health care provider, third-party18-38
administrator or employer has failed to comply with any provision of this18-39
chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation18-40
adopted pursuant thereto, the administrator may take any of the following18-41
actions:18-42
(a) Issue a notice of correction for:19-1
(1) A minor violation, as defined by regulations adopted by the19-2
division; or19-3
(2) A violation involving the payment of compensation in an amount19-4
which is greater than that required by any provision of this chapter or19-5
chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted19-6
pursuant thereto.19-7
The notice of correction must set forth with particularity the violation19-8
committed and the manner in which the violation may be corrected.19-9
19-10
authorize the administrator to modify or negate in any manner a19-11
determination or any portion of a determination made by a hearing officer,19-12
appeals officer , appeals panel or court of competent jurisdiction or a19-13
provision contained in a written settlement agreement or written stipulation.19-14
(b) Impose an administrative fine for:19-15
(1) A second or subsequent violation for which a notice of correction19-16
has been issued pursuant to paragraph (a); or19-17
(2) Any other violation of this chapter or chapter 616A, 616B, 616C19-18
or 617 of NRS, or any regulation adopted pursuant thereto, for which a19-19
notice of correction may not be issued pursuant to paragraph (a).19-20
The fine imposed may not be greater than $250 for an initial violation, or19-21
more than $1,000 for any second or subsequent violation.19-22
(c) Order a plan of corrective action to be submitted to the administrator19-23
within 30 days after the date of the order.19-24
3. If the administrator determines that a violation of any of the19-25
provisions of paragraphs (a) to (d), inclusive, of subsection 1 has occurred,19-26
the administrator shall order the insurer, organization for managed care,19-27
health care provider, third-party administrator or employer to pay to the19-28
claimant a benefit penalty in an amount equal to 50 percent of the19-29
compensation due or $10,000, whichever is less. In no event may a benefit19-30
penalty be less than $500. The benefit penalty is for the benefit of the19-31
claimant and must be paid directly to him within 10 days after the date of19-32
the administrator’s determination. Proof of the payment of the benefit19-33
penalty must be submitted to the administrator within 10 days after the date19-34
of his determination unless an appeal is filed pursuant to NRS 616D.140.19-35
Any compensation to which the claimant may otherwise be entitled19-36
pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must19-37
not be reduced by the amount of any benefit penalty received pursuant to19-38
this subsection.19-39
4. In addition to any fine or benefit penalty imposed pursuant to this19-40
section, the administrator may assess against an insurer who violates any19-41
regulation concerning the reporting of claims expenditures used to calculate19-42
an assessment an administrative penalty of up to twice the amount of any19-43
underpaid assessment.20-1
5. If:20-2
(a) The administrator determines that a person has violated any of the20-3
provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.31020-4
or 616D.350 to 616D.440, inclusive; and20-5
(b) The fraud control unit for industrial insurance established pursuant20-6
to NRS 228.420 notifies the administrator that the unit will not prosecute20-7
the person for that violation,20-8
the administrator shall impose an administrative fine of not more than20-9
$10,000.20-10
6. Two or more fines of $1,000 or more imposed in 1 year for acts20-11
enumerated in subsection 1 must be considered by the commissioner as20-12
evidence for the withdrawal of:20-13
(a) A certificate to act as a self-insured employer.20-14
(b) A certificate to act as an association of self-insured public or private20-15
employers.20-16
(c) A certificate of registration as a third-party administrator.20-17
7. The commissioner may, without complying with the provisions of20-18
NRS 616B.327 or 616B.431, withdraw the certification of a self-insured20-19
employer, association of self-insured public or private employers or third-20-20
party administrator if, after a hearing, it is shown that the self-insured20-21
employer, association of self-insured public or private employers or third-20-22
party administrator violated any provision of subsection 1.20-23
Sec. 34. NRS 617.370 is hereby amended to read as follows: 617.370 1. Any employee who is entitled to receive compensation20-25
under this chapter shall, if:20-26
(a) Requested by the insurer; or20-27
(b) Ordered by an appeals officer, an appeals panel or a hearing20-29
submit himself for medical examination at a time and from time to time at a20-30
place reasonably convenient for the employee, and as may be provided by20-31
the regulations of the division.20-32
2. If the insurer has reasonable cause to believe that an injured20-33
employee who is receiving compensation for a permanent total disability is20-34
no longer disabled, the insurer may request the employee to submit to an20-35
annual medical examination to determine whether the disability still exists.20-36
The insurer shall pay the costs of the examination.20-37
3. The request or order for an examination must fix a time and place20-38
therefor, with due regard20-39
examination, the convenience of the employee, his physical condition and20-40
ability to attend at the time and place fixed.20-41
4. The employee is entitled to have a physician, provided and paid for20-42
by him, present at any such examination.21-1
5. If the employee refuses to submit to an examination ordered or21-2
requested pursuant to subsection 1 or 2 or obstructs the examination, his21-3
right to compensation is suspended until the examination has taken place,21-4
and no compensation is payable during or for the period of suspension.21-5
6. Any physician who makes or is present at any such examination may21-6
be required to testify as to the result thereof.21-7
Sec. 35. NRS 617.402 is hereby amended to read as follows: 617.402 1. If an insurer determines that an employee has knowingly21-9
misrepresented or concealed a material fact to obtain any benefit or21-10
payment under the provisions of this chapter, the insurer may deduct from21-11
any benefits or payments due to the employee, the amount obtained by the21-12
employee because of the misrepresentation or concealment of a material21-13
fact. The employee shall reimburse the insurer for all benefits or payments21-14
received because of the knowing misrepresentation or concealment of a21-15
material fact.21-16
2. An employee who is aggrieved by a determination of an insurer21-17
made pursuant to subsection 1 may appeal that determination pursuant to21-18
NRS 616C.315 to 616C.385, inclusive21-19
of this act. If the final decision by an appeals officer or an appeals panel is21-20
favorable to the employee, the administrator shall order the insurer to pay21-21
$2,000 to that employee, in addition to any benefits or payments the21-22
employee is entitled to receive, if:21-23
(a) The final decision is favorable to the employee; and21-24
(b) The administrator determines that the insurer had no reasonable21-25
basis for believing that the employee knowingly misrepresented or21-26
concealed a material fact to obtain any benefit or payment.21-27
3. This section does not preclude an insurer from making an21-28
investigation pursuant to, or pursuing the remedies provided by, NRS21-29
616D.300.21-30
Sec. 36. NRS 617.405 is hereby amended to read as follows: 617.405 1. No judicial proceedings may be instituted for benefits for21-32
an occupational disease under this chapter, unless:21-33
(a) A claim is filed within the time limits prescribed in NRS 617.344;21-34
and21-35
(b) A final decision by an appeals officer or an appeals panel has been21-36
rendered on the claim.21-37
2. Judicial proceedings instituted for benefits for an occupational21-38
disease under this chapter are limited to judicial review of that decision.21-39
Sec. 37. Chapter 232 of NRS is hereby amended by adding thereto a21-40
new section to read as follows:21-41
The director, in his capacity as the chief of the hearings division, shall21-42
adopt regulations governing the conduct of the hearing and appeals21-43
officers. The regulations must include:22-1
1. And be no less stringent than, the standards set forth in the22-2
Nevada code of judicial conduct adopted by the supreme court.22-3
2. A procedure for a person who believes that a hearing or appeals22-4
officer has violated the standards for conduct to make a complaint to the22-5
director.22-6
3. Rules of practice pursuant to which the director will hear22-7
complaints made pursuant to subsection 2.22-8
4. The penalties that may be imposed against a hearing or appeals22-9
officer if the director determines, pursuant to the rules of practice22-10
adopted pursuant to subsection 3, that a hearing or appeals officer has22-11
violated a standard for conduct.22-12
Sec. 38. NRS 232.212 is hereby amended to read as follows: 232.212 As used in NRS 232.212 to 232.2195, inclusive, and section22-14
37 of this act, unless the context requires otherwise:22-15
1. "Department" means the department of administration.22-16
2. "Director" means the director of the department.22-17
Sec. 39. NRS 232.215 is hereby amended to read as follows: 232.215 The director:22-19
1. Shall appoint a chief of the:22-20
(a) Risk management division;22-21
(b) Buildings and grounds division;22-22
(c) Purchasing division;22-23
(d) State printing division;22-24
(e) Administrative services division; and22-25
(f) Motor pool division if separately established.22-26
2. Shall appoint a chief of the budget division, or may serve in this22-27
position if he has the qualifications required by NRS 353.175.22-28
3. Shall serve as chief of the hearings division and22-29
hearing officers , appeals officers and compensation officers. The director22-30
may designate one of the appeals officers in the division22-31
appeals officer. The senior appeals officer shall supervise the22-32
administrative, technical and procedural activities of the division. The22-33
senior appeals officer shall perform such additional duties as the22-34
director, serving as chief of the hearings division, may require.22-35
4. Shall serve as chairman of the state public works board.22-36
5. Is responsible for the administration, through the divisions of the22-37
department, of the provisions of chapters 331, 333, 336 and 344 of NRS,22-38
NRS 353.150 to 353.246, inclusive, and all other provisions of law relating22-39
to the functions of the divisions of the department.22-40
6. Is responsible for the administration of the laws of this state relating22-41
to the negotiation and procurement of medical services and other benefits22-42
for state agencies.22-43
7. Has such other powers and duties as are provided by law.23-1
Sec. 40. 1. This section and sections 1, 2, 3, 5 to 9, inclusive, 12 to23-2
17, inclusive, 19 to 25, inclusive, and 27 to 39, inclusive, of this act23-3
become effective on July 1, 1999.23-4
2. Sections 4, 10, 11, 18 and 26 of this act become effective at 12:0123-5
a.m. on July 1, 1999.~