Assembly Bill No. 49–Committee on Commerce and
Labor
Prefiled January 26, 2001
(On Behalf of Legislative Committee on
Workers’ Compensation (NRS 218.5375))
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes concerning duties and
professional conduct of hearing and appeals officers of department of
administration. (BDR 53‑767)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to industrial insurance; transferring certain duties from the
administrator of the division of industrial relations of the department of
business and industry to the hearing and appeals officers of the department of
administration; requiring that a code of professional conduct be created for
appeals officers of the department of administration; and providing other
matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section
1. NRS 616B.215 is hereby
amended to read as follows:
1-2 616B.215 1. [Except as otherwise provided in subsection 2:
1-3 (a)] A principal contractor or
an owner of property acting as a principal
1-4 contractor aggrieved by a letter issued pursuant to
NRS 616B.645 [; or
1-5 (b) An employer aggrieved by a determination
made pursuant to NRS
1-6 616C.585,]
1-7 may appeal from the letter [or determination]
by filing a notice of appeal
1-8 with the administrator within 30 days after the date
of the letter . [or
1-9 determination.
1-10 2. An
employer shall not seek to remove costs that have been charged
1-11 to his account by
appealing to the administrator any issue that relates to a
1-12 claim for
compensation if the issue was raised or could have been raised
1-13 before a hearing
officer or an appeals officer pursuant to NRS 616C.315 or
1-14 616C.345.
2-1 3.] 2. The
decision of the administrator is the final and binding
2-2 administrative determination of an appeal filed
pursuant to this section, and
2-3 the whole record consists of all evidence taken at
the hearing before the
2-4 administrator and any findings based thereon.
2-5 Sec. 2. NRS
616C.170 is hereby amended to read as follows:
2-6 616C.170 1. [The administrator shall resolve any disputes between
2-7 insurers if an
injured employee claims benefits against more than one
2-8 insurer.
2-9 2. The
administrator shall adopt regulations concerning the resolution
2-10 of disputes
between insurers regarding benefits to be paid to any injured
2-11 employee.
2-12 3. If
the insurer or the employee is dissatisfied with the decision of the
2-13 administrator, the
dissatisfied party may request a hearing before an
2-14 appeals officer.
2-15 4. Until
the administrator has determined which insurer is responsible
2-16 for a claim,] A
dispute between insurers regarding responsibility for
2-17 payment of
compensation if an injured employee claims benefits against
2-18 more than one
insurer must be appealed to the hearings division of the
2-19 department of
administration in the manner provided by NRS 616C.315
2-20 to 616C.385,
inclusive.
2-21 2. Until
a final resolution of the issue of responsibility for payment
2-22 of the claim is
obtained, the
current insurer of the employer shall pay
2-23 benefits to the claimant pursuant to chapters 616A
to 617, inclusive, of
2-24 NRS. Payments made by an insurer pursuant to this
subsection are not an
2-25 admission of liability for the claim or any portion
of the claim.
2-26 Sec. 3. NRS
616C.340 is hereby amended to read as follows:
2-27 616C.340 1. The
governor shall appoint one or more appeals officers
2-28 to conduct hearings in contested claims for
compensation pursuant to NRS
2-29 616C.360. Each appeals officer [shall hold]
holds office for 2
years [from]
2-30 after the date of his appointment
and until his successor is appointed and
2-31 has qualified. Each appeals officer is entitled to
receive an annual salary in
2-32 an amount provided by law and is in the unclassified
service of the state.
2-33 2. [Each] An appeals officer [must]
:
2-34 (a) Must be an attorney who has been licensed to
practice law before all
2-35 the courts of this state for at least 2 years [.] ;
2-36 (b) Except as otherwise provided in NRS 7.065, [an appeals officer]
2-37 shall not engage in the private practice of law [.] ; and
2-38 (c) Shall comply with the rules of conduct
adopted by the director
2-39 pursuant to
section 5 of this act.
2-40 3. If an appeals officer determines that he has
a personal interest or a
2-41 conflict of interest, directly or indirectly, in any
case which is before him,
2-42 he shall disqualify himself from hearing the case.
2-43 4. The governor may appoint one or more special
appeals officers to
2-44 conduct hearings in contested claims for
compensation pursuant to NRS
2-45 616C.360. The governor shall not appoint an attorney
who represents
2-46 persons in actions related to claims for
compensation to serve as a special
2-47 appeals officer.
2-48 5. A special appeals officer appointed pursuant
to subsection 4 is
2-49 vested with the same powers as a regular appeals
officer. A special appeals
3-1 officer may hear any case in which a regular appeals
officer has a conflict,
3-2 or any case assigned to him by the senior appeals
officer to assist with a
3-3 backlog of cases. A special appeals officer is
entitled to be paid at an
3-4 hourly rate, as determined by the department of
administration.
3-5 6. The decision of an appeals officer is the
final and binding
3-6 administrative determination of a claim for
compensation under chapters
3-7 616A to 616D, inclusive, or chapter 617 of NRS, and
the whole record
3-8 consists of all evidence taken at the hearing before
the appeals officer and
3-9 any findings of fact and conclusions of law based
thereon.
3-10 Sec. 4. NRS
616C.585 is hereby amended to read as follows:
3-11 616C.585 1. Except
as otherwise provided in subsection 2,
3-12 vocational rehabilitation services ordered by an
insurer, a hearing officer or
3-13 an appeals officer must not include the following
goods and services:
3-14 (a) A motor
vehicle.
3-15 (b) Repairs
to an injured employee’s motor vehicle.
3-16 (c) Tools and
equipment normally provided to the injured employee by
3-17 his employer during the course of his employment.
3-18 (d) Care for
the injured employee’s children.
3-19 2. An injured employee is entitled to receive
the goods and services set
3-20 forth in subsection 1 only if his insurer determines
that such goods and
3-21 services are reasonably necessary.
3-22 3. Vocational rehabilitation services ordered by
an insurer may include
3-23 the formal education of the injured employee only
if:
3-24 (a) The
priorities set forth in NRS 616C.530 for returning an injured
3-25 employee to work are followed;
3-26 (b) The
education is recommended by a plan for a program of
3-27 vocational rehabilitation developed pursuant to NRS
616C.555; and
3-28 (c) A written
proposal concerning the probable economic benefits to the
3-29 employee and the necessity of the education is
submitted to the insurer.
3-30 4. An
employer aggrieved by a determination made by his insurer
3-31 pursuant to this
section may appeal that determination to the hearings
3-32 division of the
department of administration in the manner provided by
3-33 NRS 616C.315 to
616C.385, inclusive.
3-34 Sec. 5.
Chapter 232 of NRS is hereby amended by
adding thereto a
3-35 new section to read as follows:
3-36 The director, in his capacity as the
chief of the hearings division, shall
3-37 adopt regulations
governing the professional conduct of appeals officers.
3-38 The regulations
must include:
3-39 1. A
procedure for a person who believes that an appeals officer has
3-40 violated the
standards for professional conduct to make a complaint to
3-41 the director or
his designee;
3-42 2. Rules
of practice pursuant to which the director or his designee
3-43 will hear
complaints made pursuant to subsection 1; and
3-44 3. The
penalties that may be imposed against an appeals officer if the
3-45 director or his
designee determines, pursuant to the rules of practice
3-46 adopted pursuant
to subsection 2, that an appeals officer has violated a
3-47 standard for
professional conduct.
4-1 Sec. 6. NRS
232.212 is hereby amended to read as follows:
4-2 232.212 As used in NRS 232.212 to 232.2195,
inclusive, and section 5
4-3 of this act, unless the context requires
otherwise:
4-4 1. “Department” means the department of
administration.
4-5 2. “Director” means the director of the
department.
4-6 Sec. 7. This
act becomes effective on July 1, 2001.
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