Senate Bill No. 319–Senator Shaffer

 

March 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions regulating insurance. (BDR 57‑599)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to insurance; restricting the use by an insurer of information included in the consumer credit report of an applicant or policyholder as a basis for making certain determinations and taking certain actions regarding policies of insurance; revising the membership of certain boards; providing that any refund of an assessment by the Division of Industrial Relations of the Department of Business and Industry must include payment for interest earned; providing that hearings officers and appeals officers shall designate the location of certain hearings; requiring the Commissioner of Insurance to conduct a study relating to the Investments of Insurers Model Act adopted by the National Association of Insurance Commissioners; 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. Chapter 686A of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 11, inclusive, of this

1-3  act.

1-4  Sec. 2.  As used in sections 2 to 11, inclusive, of this act,

1-5  unless the context otherwise requires, the words and terms defined

1-6  in sections 3 to 8, inclusive, of this act have the meanings ascribed

1-7  to them in those sections.

2-1  Sec. 3.  “Adverse action” means a denial or cancellation of,

2-2  an increase in any charge for, or a reduction or other adverse or

2-3  unfavorable change in the terms of coverage or amount of, any

2-4  insurance, existing or applied for, in connection with any policy.

2-5  Sec. 4.  “Affiliate” means any company that controls, is

2-6  controlled by, or is under common control with another company.

2-7  Sec. 5.  “Consumer credit report” means any written, oral or

2-8  other communication of information by a consumer reporting

2-9  agency bearing on the credit worthiness, credit standing or credit

2-10  capacity of an applicant or policyholder, and which is used or

2-11  expected to be used or collected in whole or in part for the purpose

2-12  of serving as a factor to determine:

2-13      1.  Whether to issue, cancel or renew a policy;

2-14      2.  The amount of the premium for a policy; or

2-15      3.  Eligibility for any plan for making payments with regard to

2-16  a policy.

2-17      Sec. 6.  “Consumer reporting agency” means any person

2-18  which, for monetary fees, dues, or on a cooperative nonprofit

2-19  basis, regularly engages in whole or in part in the practice of

2-20  assembling or evaluating consumer credit information or other

2-21  information on consumers for the purpose of furnishing consumer

2-22  credit reports to third parties.

2-23      Sec. 7.  “Credit information” means any information that is

2-24  related to credit and derived from a consumer credit report, found

2-25  on a consumer credit report or provided on an application for a

2-26  policy. The term does not include information that is not related to

2-27  credit, regardless of whether it is contained in a consumer credit

2-28  report or in an application for a policy, or is used to calculate an

2-29  insurance score.

2-30      Sec. 8.  “Insurance score” means a number or rating that is

2-31  derived from an algorithm, computer application, model or other

2-32  process that is based in whole or in part on credit information for

2-33  the purposes of predicting the future losses or exposure with

2-34  regard to an applicant or policyholder.

2-35      Sec. 9.  The provisions of sections 2 to 11, inclusive, of this

2-36  act do not apply to a contract of surety insurance issued pursuant

2-37  to chapter 691B of NRS or any commercial or business policy.

2-38      Sec. 10.  An insurer that uses information from a consumer

2-39  credit report shall not:

2-40      1.  Use an insurance score that is calculated using income,

2-41  gender, address, zip code, ethnic group, religion, marital status or

2-42  nationality of the consumer as a factor, or would otherwise lead to

2-43  unfair or invidious discrimination.

2-44      2.  Deny, cancel or fail to renew a policy on the basis of credit

2-45  information unless the insurer also considers other applicable

3-1  underwriting factors that are independent of credit information

3-2  and not expressly prohibited by this section.

3-3  3.  Base renewal rates for a policy upon credit information

3-4  unless the insurer also considers other applicable factors

3-5  independent of credit information.

3-6  4.  Take an adverse action against an applicant or

3-7  policyholder based on the applicant or policyholder not having a

3-8  credit card account unless the insurer also considers other

3-9  applicable factors independent of credit information.

3-10      5.  Consider an absence of credit information or an inability

3-11  to calculate an insurance score in underwriting or rating a policy

3-12  unless the insurer treats the applicant or policyholder as having

3-13  neutral credit information, as defined by the insurer.

3-14      6.  Take an adverse action against an applicant or

3-15  policyholder based on credit information, unless an insurer

3-16  obtains and uses a credit report issued or an insurance score

3-17  calculated within 90 days from the date the policy is first written or

3-18  renewal is issued.

3-19      7.  Except as otherwise provided in this subsection, use credit

3-20  information regarding a policyholder without obtaining an

3-21  updated consumer credit report regarding the policyholder and

3-22  recalculating the insurance score at least once every 36 months.

3-23  An insurer does not need to obtain an updated consumer credit

3-24  report for a policyholder if:

3-25      (a) The insurer is treating the policyholder as otherwise

3-26  approved by the Commissioner.

3-27      (b) The policyholder is in the most favorably-priced tier of the

3-28  insurer and all affiliates of the insurer.

3-29      (c) Credit information was not used for underwriting or rating

3-30  the policyholder when the policy was initially written.

3-31      (d) The insurer reevaluates the policyholder at least once every

3-32  36 months based upon underwriting or rating factors other than

3-33  credit information.

3-34      8.  Use the following as a negative factor in any insurance

3-35  scoring methodology or in reviewing credit information for the

3-36  purpose of underwriting or rating a policy:

3-37      (a) Credit inquiries not initiated by the applicant or

3-38  policyholder, or inquiries requested by the applicant or

3-39  policyholder for his or her own credit information.

3-40      (b) Inquiries relating to insurance coverage, if so identified on

3-41  the consumer credit report.

3-42      (c) Collection accounts relating to medical treatment, if so

3-43  identified on the consumer credit report.

3-44      (d) Multiple lender inquiries, if identified on the consumer

3-45  credit report as being related to home loans or mortgages and

4-1  made within 30 days of one another, unless only one inquiry is

4-2  considered.

4-3  (e) Multiple lender inquiries, if identified on the consumer

4-4  credit report as being related to a loan for an automobile and

4-5  made within 30 days of one another, unless only one inquiry is

4-6  considered.

4-7  (f) Any credit information that does not reflect the usual credit

4-8  activity of the applicant or policyholder.

4-9  Sec. 11.  Before December 31 of each even-numbered year,

4-10  the Commissioner shall prepare a report to the Governor and the

4-11  Legislature. The report must address:

4-12      1.  The operation of sections 2 to 11, inclusive, of this act;

4-13      2.  The efficacy, necessity and desirability of using credit

4-14  information in making decisions related to insurance;

4-15      3.  The impacts upon the residents of Nevada of the continued

4-16  use of credit information in making decisions related to

4-17  insurance; and

4-18      4.  Any additional consumer protections identified by the

4-19  Commissioner for the consideration of the Legislature.

4-20      Sec. 12.  NRS 686C.140 is hereby amended to read as follows:

4-21      686C.140  1.  The Board of Directors of the Association

4-22  consists of not less than five nor more than nine members, serving

4-23  terms as established in the plan of operation.

4-24      2.  The members of the Board who represent insurers must be

4-25  selected by member insurers subject to the approval of the

4-26  Commissioner. If practicable, one of the members of the Board

4-27  must be an officer of a domestic insurer.

4-28      3.  Two public representatives must be appointed to the Board

4-29  by the Commissioner. A public representative may not be an officer,

4-30  director or employee of an insurer or engaged in the business of

4-31  insurance.

4-32      4.  Vacancies on the Board must be filled for the remaining

4-33  period of the term by majority vote of the members of the Board,

4-34  subject to the approval of the Commissioner, for members who

4-35  represent insurers, and by the Commissioner for public

4-36  representatives.

4-37      5.  To select the initial Board of Directors, and initially organize

4-38  the Association, the Commissioner shall give notice to all member

4-39  insurers of the time and place of the organizational meeting. In

4-40  determining voting rights at the organizational meeting, each

4-41  member insurer is entitled to one vote in person or by proxy. If the

4-42  Board of Directors is not selected within 60 days after notice of the

4-43  organizational meeting, the Commissioner may appoint the initial

4-44  members to represent insurers in addition to the public

4-45  representatives.

5-1  [2.] 6.  In approving selections or in appointing members to the

5-2  Board, the Commissioner shall consider, among other things,

5-3  whether all member insurers are fairly represented.

5-4  [3.] 7.  Members of the Board may be reimbursed from the

5-5  assets of the Association for expenses incurred by them as members

5-6  of the Board of Directors but members of the Board may not

5-7  otherwise be compensated by the Association for their services.

5-8  Sec. 13.  NRS 687A.050 is hereby amended to read as follows:

5-9  687A.050  1.  The Board of Directors of the Association shall

5-10  consist of not fewer than five nor more than nine persons. The

5-11  members of the Board shall be appointed by the Commissioner and

5-12  shall serve at his discretion. Vacancies on the Board shall be filled

5-13  in the same manner as initial appointments.

5-14      2.  A majority of the members appointed shall be the designated

5-15  representatives of member insurers. If practicable, one of the

5-16  members appointed as a designated representative of the member

5-17  insurers must be an officer of a domestic insurer. The

5-18  Commissioner shall consider among other things whether all

5-19  member insurers are fairly represented.

5-20      3.  Members of the Board may be reimbursed from the assets of

5-21  the Association for expenses incurred by them as members of the

5-22  Board of Directors.

5-23      Sec. 14.  Chapter 687B of NRS is hereby amended by adding

5-24  thereto a new section to read as follows:

5-25      Unless otherwise provided by a specific statue, if a signature is

5-26  required of any person, the person may provide as the signature of

5-27  the person:

5-28      1.  An original signature;

5-29      2.  A facsimile signature; or

5-30      3.  An electronic signature pursuant to the provisions of

5-31  chapter 719 of NRS.

5-32      Sec. 15.  NRS 687B.160 is hereby amended to read as follows:

5-33      687B.160  1.  Every insurance policy must be executed in the

5-34  name of and on behalf of the insurer by its officer, attorney in fact,

5-35  employee or representative duly authorized by the insurer.

5-36      2.  [A facsimile signature of any] Any such executing individual

5-37  may [be used] use, in lieu of an original signature[.] :

5-38      (a) A facsimile signature; or

5-39      (b) An electronic signature pursuant to the provisions of

5-40  chapter 719 of NRS.

5-41      3.  An insurance contract issued before, on or after January 1,

5-42  1972, which is otherwise valid is not rendered invalid by reason of

5-43  the apparent execution thereof on behalf of the insurer by the

5-44  imprinted facsimile signature of an individual not authorized so to

5-45  execute as of the date of the policy.

6-1  Sec. 16.  NRS 232.680 is hereby amended to read as follows:

6-2  232.680  1.  The cost of carrying out the provisions of NRS

6-3  232.550 to 232.700, inclusive, and of supporting the Division, a

6-4  full-time employee of the Legislative Counsel Bureau and the Fraud

6-5  Control Unit for Industrial Insurance established pursuant to NRS

6-6  228.420, and that portion of the cost of the Office for Consumer

6-7  Health Assistance established pursuant to NRS 223.550 that is

6-8  related to providing assistance to consumers and injured employees

6-9  concerning workers’ compensation, must be paid from assessments

6-10  payable by each insurer, including each employer who provides

6-11  accident benefits for injured employees pursuant to NRS 616C.265.

6-12      2.  The Administrator shall assess each insurer, including each

6-13  employer who provides accident benefits for injured employees

6-14  pursuant to NRS 616C.265. To establish the amount of the

6-15  assessment, the Administrator shall determine the amount of money

6-16  necessary for each of the expenses set forth in subsections 1 and 4 of

6-17  this section and subsection 3 of NRS 616A.425 and determine the

6-18  amount that is payable by the private carriers, the self-insured

6-19  employers, the associations of self-insured public or private

6-20  employers and the employers who provide accident benefits

6-21  pursuant to NRS 616C.265 for each of the programs. For the

6-22  expenses from which more than one group of insurers receives

6-23  benefit, the Administrator shall allocate a portion of the amount

6-24  necessary for that expense to be payable by each of the relevant

6-25  group of insurers, based upon the expected annual expenditures for

6-26  claims of each group of insurers. After allocating the amounts

6-27  payable among each group of insurers for all the expenses from

6-28  which each group receives benefit, the Administrator shall apply an

6-29  assessment rate to the:

6-30      (a) Private carriers that reflects the relative hazard of the

6-31  employments covered by the private carriers, results in an equitable

6-32  distribution of costs among the private carriers and is based upon

6-33  expected annual premiums to be received;

6-34      (b) Self-insured employers that results in an equitable

6-35  distribution of costs among the self-insured employers and is based

6-36  upon expected annual expenditures for claims;

6-37      (c) Associations of self-insured public or private employers that

6-38  results in an equitable distribution of costs among the associations

6-39  of self-insured public or private employers and is based upon

6-40  expected annual expenditures for claims; and

6-41      (d) Employers who provide accident benefits pursuant to NRS

6-42  616C.265 that reflect the relative hazard of the employments

6-43  covered by those employers, results in an equitable distribution of

6-44  costs among the employers and is based upon expected annual

6-45  expenditures for claims.

7-1  The Administrator shall adopt regulations that establish the formula

7-2  for the assessment and for the administration of payment, and any

7-3  penalties that the Administrator determines are necessary to carry

7-4  out the provisions of this subsection. The formula may use actual

7-5  expenditures for claims. As used in this subsection, the term “group

7-6  of insurers” includes the group of employers who provide accident

7-7  benefits for injured employees pursuant to NRS 616C.265.

7-8  3.  Federal grants may partially defray the costs of the Division.

7-9  4.  Assessments made against insurers by the Division after the

7-10  adoption of regulations must be used to defray all costs and

7-11  expenses of administering the program of workers’ compensation,

7-12  including the payment of:

7-13      (a) All salaries and other expenses in administering the Division,

7-14  including the costs of the office and staff of the Administrator.

7-15      (b) All salaries and other expenses of administering NRS

7-16  616A.435 to 616A.460, inclusive, the offices of the Hearings

7-17  Division of the Department of Administration and the programs of

7-18  self-insurance and review of premium rates by the Commissioner of

7-19  Insurance.

7-20      (c) The salary and other expenses of a full-time employee of the

7-21  Legislative Counsel Bureau whose principal duties are limited to

7-22  conducting research and reviewing and evaluating data related to

7-23  industrial insurance.

7-24      (d) All salaries and other expenses of the Fraud Control Unit for

7-25  Industrial Insurance established pursuant to NRS 228.420.

7-26      (e) Claims against uninsured employers arising from compliance

7-27  with NRS 616C.220 and 617.401.

7-28      (f) That portion of the salaries and other expenses of the Office

7-29  for Consumer Health Assistance established pursuant to NRS

7-30  223.550 that is related to providing assistance to consumers and

7-31  injured employees concerning workers’ compensation.

7-32      5.  If the Division refunds any part of an assessment, the

7-33  Division shall include in that refund any interest earned by the

7-34  Division from the refunded part of the assessment.

7-35      Sec. 17.  NRS 616A.425 is hereby amended to read as follows:

7-36      616A.425  1.  There is hereby established in the State Treasury

7-37  the Fund for Workers’ Compensation and Safety as an enterprise

7-38  fund. All money received from assessments levied on insurers and

7-39  employers by the Administrator pursuant to NRS 232.680 must be

7-40  deposited in this Fund.

7-41      2.  All assessments, penalties, bonds, securities and all other

7-42  properties received, collected or acquired by the Division for

7-43  functions supported in whole or in part from the Fund must be

7-44  delivered to the custody of the State Treasurer for deposit to the

7-45  credit of the Fund.

8-1  3.  All money and securities in the Fund must be used to defray

8-2  all costs and expenses of administering the program of workmen’s

8-3  compensation, including the payment of:

8-4  (a) All salaries and other expenses in administering the Division

8-5  of Industrial Relations, including the costs of the office and staff of

8-6  the Administrator.

8-7  (b) All salaries and other expenses of administering NRS

8-8  616A.435 to 616A.460, inclusive, the offices of the Hearings

8-9  Division of the Department of Administration and the programs of

8-10  self-insurance and review of premium rates by the Commissioner.

8-11      (c) The salary and other expenses of a full-time employee of the

8-12  Legislative Counsel Bureau whose principal duties are limited to

8-13  conducting research and reviewing and evaluating data related to

8-14  industrial insurance.

8-15      (d) All salaries and other expenses of the Fraud Control Unit for

8-16  Industrial Insurance established pursuant to NRS 228.420.

8-17      (e) Claims against uninsured employers arising from compliance

8-18  with NRS 616C.220 and 617.401.

8-19      (f) That portion of the salaries and other expenses of the Office

8-20  for Consumer Health Assistance established pursuant to NRS

8-21  223.550 that is related to providing assistance to consumers and

8-22  injured employees concerning workers’ compensation.

8-23      4.  The State Treasurer may disburse money from the Fund only

8-24  upon written order of the Controller.

8-25      5.  The State Treasurer shall invest money of the Fund in the

8-26  same manner and in the same securities in which he is authorized to

8-27  invest state general funds which are in his custody. Income realized

8-28  from the investment of the assets of the Fund must be credited to the

8-29  Fund.

8-30      6.  The Commissioner shall assign an actuary to review the

8-31  establishment of assessment rates. The rates must be filed with the

8-32  Commissioner 30 days before their effective date. Any insurer or

8-33  employer who wishes to appeal the rate so filed must do so pursuant

8-34  to NRS 679B.310.

8-35      7.  If the Division refunds any part of an assessment, the

8-36  Division shall include in that refund any interest earned by the

8-37  Division from the refunded part of the assessment.

8-38      Sec. 18.  NRS 616C.330 is hereby amended to read as follows:

8-39      616C.330  1.  The hearing officer shall:

8-40      (a) Within 5 days after receiving a request for a hearing, set the

8-41  hearing for a date and time within 30 days after his receipt of the

8-42  request [.] at a place in Carson City, Nevada, or Las Vegas,

8-43  Nevada, or upon agreement of one or more of the parties to pay all

8-44  additional costs directly related to an alternative location, at any

9-1  other place of convenience to the parties, as determined by the

9-2  hearing officer;

9-3  (b) Give notice by mail or by personal service to all interested

9-4  parties to the hearing at least 15 days before the date and time

9-5  scheduled; and

9-6  (c) Conduct hearings expeditiously and informally.

9-7  2.  The notice must include a statement that the injured

9-8  employee may be represented by a private attorney or seek

9-9  assistance and advice from the Nevada Attorney for Injured

9-10  Workers.

9-11      3.  If necessary to resolve a medical question concerning an

9-12  injured employee’s condition or to determine the necessity of

9-13  treatment for which authorization for payment has been denied, the

9-14  hearing officer may refer the employee to a physician or

9-15  chiropractor of his choice who has demonstrated special competence

9-16  to treat the particular medical condition of the employee. If the

9-17  medical question concerns the rating of a permanent disability, the

9-18  hearing officer may refer the employee to a rating physician or

9-19  chiropractor. The rating physician or chiropractor must be selected

9-20  in rotation from the list of qualified physicians and chiropractors

9-21  maintained by the Administrator pursuant to subsection 2 of NRS

9-22  616C.490, unless the insurer and injured employee otherwise agree

9-23  to a rating physician or chiropractor. The insurer shall pay the costs

9-24  of any medical examination requested by the hearing officer.

9-25      4.  If an injured employee has requested payment for the cost of

9-26  obtaining a second determination of his percentage of disability

9-27  pursuant to NRS 616C.100, the hearing officer shall decide whether

9-28  the determination of the higher percentage of disability made

9-29  pursuant to NRS 616C.100 is appropriate and, if so, may order the

9-30  insurer to pay to the employee an amount equal to the maximum

9-31  allowable fee established by the Administrator pursuant to NRS

9-32  616C.260 for the type of service performed, or the usual fee of that

9-33  physician or chiropractor for such service, whichever is less.

9-34      5.  The hearing officer shall order an insurer, organization for

9-35  managed care or employer who provides accident benefits for

9-36  injured employees pursuant to NRS 616C.265 to pay the charges of

9-37  a provider of health care if the conditions of NRS 616C.138 are

9-38  satisfied.

9-39      6.  The hearing officer may allow or forbid the presence of a

9-40  court reporter and the use of a tape recorder in a hearing.

9-41      7.  The hearing officer shall render his decision within 15 days

9-42  after:

9-43      (a) The hearing; or

9-44      (b) He receives a copy of the report from the medical

9-45  examination he requested.

10-1      8.  The hearing officer shall render his decision in the most

10-2  efficient format developed by the Chief of the Hearings Division of

10-3  the Department of Administration.

10-4      9.  The hearing officer shall give notice of his decision to each

10-5  party by mail. He shall include with the notice of his decision the

10-6  necessary forms for appealing from the decision.

10-7      10.  Except as otherwise provided in NRS 616C.380, the

10-8  decision of the hearing officer is not stayed if an appeal from that

10-9  decision is taken unless an application for a stay is submitted by a

10-10  party. If such an application is submitted, the decision is

10-11  automatically stayed until a determination is made on the

10-12  application. A determination on the application must be made within

10-13  30 days after the filing of the application. If, after reviewing the

10-14  application, a stay is not granted by the hearing officer or an appeals

10-15  officer, the decision must be complied with within 10 days after the

10-16  refusal to grant a stay.

10-17     Sec. 19.  NRS 616C.345 is hereby amended to read as follows:

10-18     616C.345  1.  Any party aggrieved by a decision of the

10-19  hearing officer relating to a claim for compensation may appeal

10-20  from the decision by filing a notice of appeal with an appeals officer

10-21  within 30 days after the date of the decision.

10-22     2.  If a dispute is required to be submitted to a procedure for

10-23  resolving complaints pursuant to NRS 616C.305 and:

10-24     (a) A final determination was rendered pursuant to that

10-25  procedure; or

10-26     (b) The dispute was not resolved pursuant to that procedure

10-27  within 14 days after it was submitted,

10-28  any party to the dispute may file a notice of appeal within 70 days

10-29  after the date on which the final determination was mailed to the

10-30  employee, or his dependent, or the unanswered request for

10-31  resolution was submitted. Failure to render a written determination

10-32  within 30 days after receipt of such a request shall be deemed by the

10-33  appeals officer to be a denial of the request.

10-34     3.  Except as otherwise provided in NRS 616C.380, the filing of

10-35  a notice of appeal does not automatically stay the enforcement of the

10-36  decision of a hearing officer or a determination rendered pursuant to

10-37  NRS 616C.305. The appeals officer may order a stay, when

10-38  appropriate, upon the application of a party. If such an application is

10-39  submitted, the decision is automatically stayed until a determination

10-40  is made concerning the application. A determination on the

10-41  application must be made within 30 days after the filing of the

10-42  application. If a stay is not granted by the officer after reviewing

10-43  the application, the decision must be complied with within 10 days

10-44  after the date of the refusal to grant a stay.

11-1      4.  Except as otherwise provided in [this subsection,]

11-2  subsection 5, the appeals officer shall, within 10 days after

11-3  receiving a notice of appeal pursuant to this section or a contested

11-4  claim pursuant to subsection 5 of NRS 616C.315 [, schedule] :

11-5      (a) Schedule a hearing on the merits of the appeal or contested

11-6  claim for a date and time within 90 days after his receipt of the

11-7  notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or

11-8  upon agreement of one or more of the parties to pay all additional

11-9  costs directly related to an alternative location, at any other place

11-10  of convenience to the parties, as determined by the appeals officer;

11-11  and [give]

11-12     (b) Give notice by mail or by personal service to all parties to

11-13  the matter and their attorneys or agents at least 30 days before the

11-14  date and time scheduled.

11-15     5.  A request to schedule the hearing for a date and time which

11-16  is:

11-17     (a) Within 60 days after the receipt of the notice of appeal or

11-18  contested claim; or

11-19     (b) More than 90 days after the receipt of the notice or

11-20  claim,

11-21  may be submitted to the appeals officer only if all parties to the

11-22  appeal or contested claim agree to the request.

11-23     [5.] 6. An appeal or contested claim may be continued upon

11-24  written stipulation of all parties, or upon good cause shown.

11-25     [6.] 7. Failure to file a notice of appeal within the period

11-26  specified in subsection 1 or 2 may be excused if the party aggrieved

11-27  shows by a preponderance of the evidence that he did not receive

11-28  the notice of the determination and the forms necessary to appeal the

11-29  determination. The claimant, employer or insurer shall notify the

11-30  hearing officer of a change of address.

11-31     Sec. 20.  1.  The Commissioner of Insurance shall conduct a

11-32  study to review whether the State of Nevada should enact, in the

11-33  interest of the public:

11-34     (a) The Defined Limits Version of the Investments of Insurers

11-35  Model Act adopted by the National Association of Insurance

11-36  Commissioners;

11-37     (b) The Defined Standards Version of the Investments of

11-38  Insurers Model Act adopted by the National Association of

11-39  Insurance Commissioners; or

11-40     (c) Other legislation regulating the investments of insurers.

11-41     2.  The Commissioner shall seek to obtain all relevant

11-42  information from public and private sources as part of this study.

11-43  Any such information obtained by the Commissioner may only be

11-44  used for the purposes of conducting this study.

12-1      3.  The Commissioner shall complete this study and submit a

12-2  copy of his findings and recommendations on or before January 1,

12-3  2005, to the Director of the Legislative Counsel Bureau for

12-4  distribution to the 73rd Session of the Nevada Legislature.

 

12-5  H