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.

 

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

 

AN ACT relating to insurance; providing an exception to the counter-signature requirement for certain types of 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. NRS 680A.310 is hereby amended to read as

1-2  follows:

1-3  680A.310  NRS 680A.300 does not apply to any of the

1-4  following:

1-5  1.  Life insurance and annuities.

1-6  2.  Health insurance.

2-1  3.  Policies covering property in transit while in the possession

2-2  or custody of any common carrier, or the rolling stock or other

2-3  property of any common carrier employed by it in the operation and

2-4  maintenance of its plant and business as a common carrier of freight

2-5  or passengers, or both.

2-6  4.  Reinsurance or retrocessions made by or for authorized

2-7  insurers.

2-8  5.  Bid bonds issued in connection with any public or private

2-9  contract.

2-10      6.  A policy issued to a risk retention group, as defined in NRS

2-11  695E.110, or to a member of a risk retention group.

2-12      7.  A policy issued to a person who is not a resident of this

2-13  state.

2-14      Sec. 1.5.  Chapter 686A of NRS is hereby amended by adding

2-15  thereto the provisions set forth as sections 2 to 11, inclusive, of this

2-16  act.

2-17      Sec. 2.  As used in sections 2 to 11, inclusive, of this act,

2-18  unless the context otherwise requires, the words and terms defined

2-19  in sections 3 to 8, inclusive, of this act have the meanings ascribed

2-20  to them in those sections.

2-21      Sec. 3.  “Adverse action” means a denial or cancellation of,

2-22  an increase in any charge for, or a reduction or other adverse or

2-23  unfavorable change in the terms of coverage or amount of, any

2-24  insurance, existing or applied for, in connection with any policy.

2-25      Sec. 4.  “Affiliate” means any company that controls, is

2-26  controlled by, or is under common control with another company.

2-27      Sec. 5.  “Consumer credit report” means any written, oral or

2-28  other communication of information by a consumer reporting

2-29  agency bearing on the credit worthiness, credit standing or credit

2-30  capacity of an applicant or policyholder, and which is used or

2-31  expected to be used or collected in whole or in part for the purpose

2-32  of serving as a factor to determine:

2-33      1.  Whether to issue, cancel or renew a policy;

2-34      2.  The amount of the premium for a policy; or

2-35      3.  Eligibility for any plan for making payments with regard to

2-36  a policy.

2-37      Sec. 6.  “Consumer reporting agency” means any person

2-38  which, for monetary fees, dues, or on a cooperative nonprofit

2-39  basis, regularly engages in whole or in part in the practice of

2-40  assembling or evaluating consumer credit information or other

2-41  information on consumers for the purpose of furnishing consumer

2-42  credit reports to third parties.

2-43      Sec. 7.  “Credit information” means any information that is

2-44  related to credit and derived from a consumer credit report, found

2-45  on a consumer credit report or provided on an application for a

3-1  policy. The term does not include information that is not related to

3-2  credit, regardless of whether it is contained in a consumer credit

3-3  report or in an application for a policy, or is used to calculate an

3-4  insurance score.

3-5  Sec. 8.  “Insurance score” means a number or rating that is

3-6  derived from an algorithm, computer application, model or other

3-7  process that is based in whole or in part on credit information for

3-8  the purposes of predicting the future losses or exposure with

3-9  regard to an applicant or policyholder.

3-10      Sec. 9.  The provisions of sections 2 to 11, inclusive, of this

3-11  act do not apply to a contract of surety insurance issued pursuant

3-12  to chapter 691B of NRS or any commercial or business policy.

3-13      Sec. 10.  An insurer that uses information from a consumer

3-14  credit report shall not:

3-15      1.  Use an insurance score that is calculated using income,

3-16  gender, address, zip code, ethnic group, religion, marital status or

3-17  nationality of the consumer as a factor, or would otherwise lead to

3-18  unfair or invidious discrimination.

3-19      2.  Deny, cancel or fail to renew a policy on the basis of credit

3-20  information unless the insurer also considers other applicable

3-21  underwriting factors that are independent of credit information

3-22  and not expressly prohibited by this section.

3-23      3.  Base renewal rates for a policy upon credit information

3-24  unless the insurer also considers other applicable factors

3-25  independent of credit information.

3-26      4.  Take an adverse action against an applicant or

3-27  policyholder based on the applicant or policyholder not having a

3-28  credit card account unless the insurer also considers other

3-29  applicable factors independent of credit information.

3-30      5.  Consider an absence of credit information or an inability

3-31  to calculate an insurance score in underwriting or rating a policy

3-32  unless the insurer treats the applicant or policyholder as having

3-33  neutral credit information, as defined by the insurer.

3-34      6.  Take an adverse action against an applicant or

3-35  policyholder based on credit information, unless an insurer

3-36  obtains and uses a credit report issued or an insurance score

3-37  calculated within 90 days from the date the policy is first written or

3-38  renewal is issued.

3-39      7.  Except as otherwise provided in this subsection, use credit

3-40  information regarding a policyholder without obtaining an

3-41  updated consumer credit report regarding the policyholder and

3-42  recalculating the insurance score at least once every 36 months.

3-43  An insurer does not need to obtain an updated consumer credit

3-44  report for a policyholder if:

4-1  (a) The insurer is treating the policyholder as otherwise

4-2  approved by the Commissioner.

4-3  (b) The policyholder is in the most favorably-priced tier of the

4-4  insurer and all affiliates of the insurer.

4-5  (c) Credit information was not used for underwriting or rating

4-6  the policyholder when the policy was initially written.

4-7  (d) The insurer reevaluates the policyholder at least once every

4-8  36 months based upon underwriting or rating factors other than

4-9  credit information.

4-10      8.  Use the following as a negative factor in any insurance

4-11  scoring methodology or in reviewing credit information for the

4-12  purpose of underwriting or rating a policy:

4-13      (a) Credit inquiries not initiated by the applicant or

4-14  policyholder, or inquiries requested by the applicant or

4-15  policyholder for his or her own credit information.

4-16      (b) Inquiries relating to insurance coverage, if so identified on

4-17  the consumer credit report.

4-18      (c) Collection accounts relating to medical treatment, if so

4-19  identified on the consumer credit report.

4-20      (d) Multiple lender inquiries, if identified on the consumer

4-21  credit report as being related to home loans or mortgages and

4-22  made within 30 days of one another, unless only one inquiry is

4-23  considered.

4-24      (e) Multiple lender inquiries, if identified on the consumer

4-25  credit report as being related to a loan for an automobile and

4-26  made within 30 days of one another, unless only one inquiry is

4-27  considered.

4-28      (f) Any credit information that reflects extraordinary

4-29  circumstances in the life of an applicant or policyholder,

4-30  including, without limitation, divorce and catastrophic illness.

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

4-32  the Commissioner shall prepare a report to the Governor and the

4-33  Legislature. The report must address:

4-34      1.  The operation of sections 2 to 11, inclusive, of this act;

4-35      2.  The efficacy, necessity and desirability of using credit

4-36  information in making decisions related to insurance;

4-37      3.  The impacts upon the residents of Nevada of the continued

4-38  use of credit information in making decisions related to

4-39  insurance; and

4-40      4.  Any additional consumer protections identified by the

4-41  Commissioner for the consideration of the Legislature.

4-42      Sec. 12.  NRS 686C.140 is hereby amended to read as follows:

4-43      686C.140  1.  The Board of Directors of the Association

4-44  consists of not less than five nor more than nine members, serving

4-45  terms as established in the plan of operation.

5-1  2.  The members of the Board who represent insurers must be

5-2  selected by member insurers subject to the approval of the

5-3  Commissioner. If practicable, one of the members of the Board

5-4  must be an officer of a domestic insurer.

5-5  3.  Two public representatives must be appointed to the Board

5-6  by the Commissioner. A public representative may not be an officer,

5-7  director or employee of an insurer or engaged in the business of

5-8  insurance.

5-9  4.  Vacancies on the Board must be filled for the remaining

5-10  period of the term by majority vote of the members of the Board,

5-11  subject to the approval of the Commissioner, for members who

5-12  represent insurers, and by the Commissioner for public

5-13  representatives.

5-14      5.  To select the initial Board of Directors, and initially organize

5-15  the Association, the Commissioner shall give notice to all member

5-16  insurers of the time and place of the organizational meeting. In

5-17  determining voting rights at the organizational meeting, each

5-18  member insurer is entitled to one vote in person or by proxy. If the

5-19  Board of Directors is not selected within 60 days after notice of the

5-20  organizational meeting, the Commissioner may appoint the initial

5-21  members to represent insurers in addition to the public

5-22  representatives.

5-23      [2.] 6.  In approving selections or in appointing members to the

5-24  Board, the Commissioner shall consider, among other things,

5-25  whether all member insurers are fairly represented.

5-26      [3.] 7.  Members of the Board may be reimbursed from the

5-27  assets of the Association for expenses incurred by them as members

5-28  of the Board of Directors but members of the Board may not

5-29  otherwise be compensated by the Association for their services.

5-30      Sec. 13.  NRS 687A.050 is hereby amended to read as follows:

5-31      687A.050  1.  The Board of Directors of the Association shall

5-32  consist of not fewer than five nor more than nine persons. The

5-33  members of the Board shall be appointed by the Commissioner and

5-34  shall serve at his discretion. Vacancies on the Board shall be filled

5-35  in the same manner as initial appointments.

5-36      2.  A majority of the members appointed shall be the designated

5-37  representatives of member insurers. If practicable, one of the

5-38  members appointed as a designated representative of the member

5-39  insurers must be an officer of a domestic insurer. The

5-40  Commissioner shall consider among other things whether all

5-41  member insurers are fairly represented.

5-42      3.  Members of the Board may be reimbursed from the assets of

5-43  the Association for expenses incurred by them as members of the

5-44  Board of Directors.

 

6-1  Sec. 14.  Chapter 687B of NRS is hereby amended by adding

6-2  thereto a new section to read as follows:

6-3  Unless otherwise provided by a specific statue, if a signature is

6-4  required of any person, the person may provide as the signature of

6-5  the person:

6-6  1.  An original signature;

6-7  2.  A facsimile signature; or

6-8  3.  An electronic signature pursuant to the provisions of

6-9  chapter 719 of NRS.

6-10      Sec. 15.  NRS 687B.160 is hereby amended to read as follows:

6-11      687B.160  1.  Every insurance policy must be executed in the

6-12  name of and on behalf of the insurer by its officer, attorney in fact,

6-13  employee or representative duly authorized by the insurer.

6-14      2.  [A facsimile signature of any] Any such executing individual

6-15  may [be used] use, in lieu of an original signature[.] :

6-16      (a) A facsimile signature; or

6-17      (b) An electronic signature pursuant to the provisions of

6-18  chapter 719 of NRS.

6-19      3.  An insurance contract issued before, on or after January 1,

6-20  1972, which is otherwise valid is not rendered invalid by reason of

6-21  the apparent execution thereof on behalf of the insurer by the

6-22  imprinted facsimile signature of an individual not authorized so to

6-23  execute as of the date of the policy.

6-24      Sec. 16.  NRS 232.680 is hereby amended to read as follows:

6-25      232.680  1.  The cost of carrying out the provisions of NRS

6-26  232.550 to 232.700, inclusive, and of supporting the Division, a

6-27  full-time employee of the Legislative Counsel Bureau and the Fraud

6-28  Control Unit for Industrial Insurance established pursuant to NRS

6-29  228.420, and that portion of the cost of the Office for Consumer

6-30  Health Assistance established pursuant to NRS 223.550 that is

6-31  related to providing assistance to consumers and injured employees

6-32  concerning workers’ compensation, must be paid from assessments

6-33  payable by each insurer, including each employer who provides

6-34  accident benefits for injured employees pursuant to NRS 616C.265.

6-35      2.  The Administrator shall assess each insurer, including each

6-36  employer who provides accident benefits for injured employees

6-37  pursuant to NRS 616C.265. To establish the amount of the

6-38  assessment, the Administrator shall determine the amount of money

6-39  necessary for each of the expenses set forth in subsections 1 and 4 of

6-40  this section and subsection 3 of NRS 616A.425 and determine the

6-41  amount that is payable by the private carriers, the self-insured

6-42  employers, the associations of self-insured public or private

6-43  employers and the employers who provide accident benefits

6-44  pursuant to NRS 616C.265 for each of the programs. For the

6-45  expenses from which more than one group of insurers receives

7-1  benefit, the Administrator shall allocate a portion of the amount

7-2  necessary for that expense to be payable by each of the relevant

7-3  group of insurers, based upon the expected annual expenditures for

7-4  claims of each group of insurers. After allocating the amounts

7-5  payable among each group of insurers for all the expenses from

7-6  which each group receives benefit, the Administrator shall apply an

7-7  assessment rate to the:

7-8  (a) Private carriers that reflects the relative hazard of the

7-9  employments covered by the private carriers, results in an equitable

7-10  distribution of costs among the private carriers and is based upon

7-11  expected annual premiums to be received;

7-12      (b) Self-insured employers that results in an equitable

7-13  distribution of costs among the self-insured employers and is based

7-14  upon expected annual expenditures for claims;

7-15      (c) Associations of self-insured public or private employers that

7-16  results in an equitable distribution of costs among the associations

7-17  of self-insured public or private employers and is based upon

7-18  expected annual expenditures for claims; and

7-19      (d) Employers who provide accident benefits pursuant to NRS

7-20  616C.265 that reflect the relative hazard of the employments

7-21  covered by those employers, results in an equitable distribution of

7-22  costs among the employers and is based upon expected annual

7-23  expenditures for claims.

7-24  The Administrator shall adopt regulations that establish the formula

7-25  for the assessment and for the administration of payment, and any

7-26  penalties that the Administrator determines are necessary to carry

7-27  out the provisions of this subsection. The formula may use actual

7-28  expenditures for claims. As used in this subsection, the term “group

7-29  of insurers” includes the group of employers who provide accident

7-30  benefits for injured employees pursuant to NRS 616C.265.

7-31      3.  Federal grants may partially defray the costs of the Division.

7-32      4.  Assessments made against insurers by the Division after the

7-33  adoption of regulations must be used to defray all costs and

7-34  expenses of administering the program of workers’ compensation,

7-35  including the payment of:

7-36      (a) All salaries and other expenses in administering the Division,

7-37  including the costs of the office and staff of the Administrator.

7-38      (b) All salaries and other expenses of administering NRS

7-39  616A.435 to 616A.460, inclusive, the offices of the Hearings

7-40  Division of the Department of Administration and the programs of

7-41  self-insurance and review of premium rates by the Commissioner of

7-42  Insurance.

7-43      (c) The salary and other expenses of a full-time employee of the

7-44  Legislative Counsel Bureau whose principal duties are limited to

8-1  conducting research and reviewing and evaluating data related to

8-2  industrial insurance.

8-3  (d) All salaries and other expenses of the Fraud Control Unit for

8-4  Industrial Insurance established pursuant to NRS 228.420.

8-5  (e) Claims against uninsured employers arising from compliance

8-6  with NRS 616C.220 and 617.401.

8-7  (f) That portion of the salaries and other expenses of the Office

8-8  for Consumer Health Assistance established pursuant to NRS

8-9  223.550 that is related to providing assistance to consumers and

8-10  injured employees concerning workers’ compensation.

8-11      5.  If the Division refunds any part of an assessment, the

8-12  Division shall include in that refund any interest earned by the

8-13  Division from the refunded part of the assessment.

8-14      Sec. 17.  NRS 616A.425 is hereby amended to read as follows:

8-15      616A.425  1.  There is hereby established in the State Treasury

8-16  the Fund for Workers’ Compensation and Safety as an enterprise

8-17  fund. All money received from assessments levied on insurers and

8-18  employers by the Administrator pursuant to NRS 232.680 must be

8-19  deposited in this Fund.

8-20      2.  All assessments, penalties, bonds, securities and all other

8-21  properties received, collected or acquired by the Division for

8-22  functions supported in whole or in part from the Fund must be

8-23  delivered to the custody of the State Treasurer for deposit to the

8-24  credit of the Fund.

8-25      3.  All money and securities in the Fund must be used to defray

8-26  all costs and expenses of administering the program of workmen’s

8-27  compensation, including the payment of:

8-28      (a) All salaries and other expenses in administering the Division

8-29  of Industrial Relations, including the costs of the office and staff of

8-30  the Administrator.

8-31      (b) All salaries and other expenses of administering NRS

8-32  616A.435 to 616A.460, inclusive, the offices of the Hearings

8-33  Division of the Department of Administration and the programs of

8-34  self-insurance and review of premium rates by the Commissioner.

8-35      (c) The salary and other expenses of a full-time employee of the

8-36  Legislative Counsel Bureau whose principal duties are limited to

8-37  conducting research and reviewing and evaluating data related to

8-38  industrial insurance.

8-39      (d) All salaries and other expenses of the Fraud Control Unit for

8-40  Industrial Insurance established pursuant to NRS 228.420.

8-41      (e) Claims against uninsured employers arising from compliance

8-42  with NRS 616C.220 and 617.401.

8-43      (f) That portion of the salaries and other expenses of the Office

8-44  for Consumer Health Assistance established pursuant to NRS

9-1  223.550 that is related to providing assistance to consumers and

9-2  injured employees concerning workers’ compensation.

9-3  4.  The State Treasurer may disburse money from the Fund only

9-4  upon written order of the Controller.

9-5  5.  The State Treasurer shall invest money of the Fund in the

9-6  same manner and in the same securities in which he is authorized to

9-7  invest state general funds which are in his custody. Income realized

9-8  from the investment of the assets of the Fund must be credited to the

9-9  Fund.

9-10      6.  The Commissioner shall assign an actuary to review the

9-11  establishment of assessment rates. The rates must be filed with the

9-12  Commissioner 30 days before their effective date. Any insurer or

9-13  employer who wishes to appeal the rate so filed must do so pursuant

9-14  to NRS 679B.310.

9-15      7.  If the Division refunds any part of an assessment, the

9-16  Division shall include in that refund any interest earned by the

9-17  Division from the refunded part of the assessment.

9-18      Sec. 18.  NRS 616C.330 is hereby amended to read as follows:

9-19      616C.330  1.  The hearing officer shall:

9-20      (a) Within 5 days after receiving a request for a hearing, set the

9-21  hearing for a date and time within 30 days after his receipt of the

9-22  request [.] at a place in Carson City, Nevada, or Las Vegas,

9-23  Nevada, or upon agreement of one or more of the parties to pay all

9-24  additional costs directly related to an alternative location, at any

9-25  other place of convenience to the parties, as determined by the

9-26  hearing officer;

9-27      (b) Give notice by mail or by personal service to all interested

9-28  parties to the hearing at least 15 days before the date and time

9-29  scheduled; and

9-30      (c) Conduct hearings expeditiously and informally.

9-31      2.  The notice must include a statement that the injured

9-32  employee may be represented by a private attorney or seek

9-33  assistance and advice from the Nevada Attorney for Injured

9-34  Workers.

9-35      3.  If necessary to resolve a medical question concerning an

9-36  injured employee’s condition or to determine the necessity of

9-37  treatment for which authorization for payment has been denied, the

9-38  hearing officer may refer the employee to a physician or

9-39  chiropractor of his choice who has demonstrated special competence

9-40  to treat the particular medical condition of the employee. If the

9-41  medical question concerns the rating of a permanent disability, the

9-42  hearing officer may refer the employee to a rating physician or

9-43  chiropractor. The rating physician or chiropractor must be selected

9-44  in rotation from the list of qualified physicians and chiropractors

9-45  maintained by the Administrator pursuant to subsection 2 of NRS

10-1  616C.490, unless the insurer and injured employee otherwise agree

10-2  to a rating physician or chiropractor. The insurer shall pay the costs

10-3  of any medical examination requested by the hearing officer.

10-4      4.  If an injured employee has requested payment for the cost of

10-5  obtaining a second determination of his percentage of disability

10-6  pursuant to NRS 616C.100, the hearing officer shall decide whether

10-7  the determination of the higher percentage of disability made

10-8  pursuant to NRS 616C.100 is appropriate and, if so, may order the

10-9  insurer to pay to the employee an amount equal to the maximum

10-10  allowable fee established by the Administrator pursuant to NRS

10-11  616C.260 for the type of service performed, or the usual fee of that

10-12  physician or chiropractor for such service, whichever is less.

10-13     5.  The hearing officer shall order an insurer, organization for

10-14  managed care or employer who provides accident benefits for

10-15  injured employees pursuant to NRS 616C.265 to pay the charges of

10-16  a provider of health care if the conditions of NRS 616C.138 are

10-17  satisfied.

10-18     6.  The hearing officer may allow or forbid the presence of a

10-19  court reporter and the use of a tape recorder in a hearing.

10-20     7.  The hearing officer shall render his decision within 15 days

10-21  after:

10-22     (a) The hearing; or

10-23     (b) He receives a copy of the report from the medical

10-24  examination he requested.

10-25     8.  The hearing officer shall render his decision in the most

10-26  efficient format developed by the Chief of the Hearings Division of

10-27  the Department of Administration.

10-28     9.  The hearing officer shall give notice of his decision to each

10-29  party by mail. He shall include with the notice of his decision the

10-30  necessary forms for appealing from the decision.

10-31     10.  Except as otherwise provided in NRS 616C.380, the

10-32  decision of the hearing officer is not stayed if an appeal from that

10-33  decision is taken unless an application for a stay is submitted by a

10-34  party. If such an application is submitted, the decision is

10-35  automatically stayed until a determination is made on the

10-36  application. A determination on the application must be made within

10-37  30 days after the filing of the application. If, after reviewing the

10-38  application, a stay is not granted by the hearing officer or an appeals

10-39  officer, the decision must be complied with within 10 days after the

10-40  refusal to grant a stay.

10-41     Sec. 19.  NRS 616C.345 is hereby amended to read as follows:

10-42     616C.345  1.  Any party aggrieved by a decision of the

10-43  hearing officer relating to a claim for compensation may appeal

10-44  from the decision by filing a notice of appeal with an appeals officer

10-45  within 30 days after the date of the decision.

11-1      2.  If a dispute is required to be submitted to a procedure for

11-2  resolving complaints pursuant to NRS 616C.305 and:

11-3      (a) A final determination was rendered pursuant to that

11-4  procedure; or

11-5      (b) The dispute was not resolved pursuant to that procedure

11-6  within 14 days after it was submitted,

11-7  any party to the dispute may file a notice of appeal within 70 days

11-8  after the date on which the final determination was mailed to the

11-9  employee, or his dependent, or the unanswered request for

11-10  resolution was submitted. Failure to render a written determination

11-11  within 30 days after receipt of such a request shall be deemed by the

11-12  appeals officer to be a denial of the request.

11-13     3.  Except as otherwise provided in NRS 616C.380, the filing of

11-14  a notice of appeal does not automatically stay the enforcement of the

11-15  decision of a hearing officer or a determination rendered pursuant to

11-16  NRS 616C.305. The appeals officer may order a stay, when

11-17  appropriate, upon the application of a party. If such an application is

11-18  submitted, the decision is automatically stayed until a determination

11-19  is made concerning the application. A determination on the

11-20  application must be made within 30 days after the filing of the

11-21  application. If a stay is not granted by the officer after reviewing

11-22  the application, the decision must be complied with within 10 days

11-23  after the date of the refusal to grant a stay.

11-24     4.  Except as otherwise provided in [this subsection,]

11-25  subsection 5, the appeals officer shall, within 10 days after

11-26  receiving a notice of appeal pursuant to this section or a contested

11-27  claim pursuant to subsection 5 of NRS 616C.315 [, schedule] :

11-28     (a) Schedule a hearing on the merits of the appeal or contested

11-29  claim for a date and time within 90 days after his receipt of the

11-30  notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or

11-31  upon agreement of one or more of the parties to pay all additional

11-32  costs directly related to an alternative location, at any other place

11-33  of convenience to the parties, as determined by the appeals officer;

11-34  and [give]

11-35     (b) Give notice by mail or by personal service to all parties to

11-36  the matter and their attorneys or agents at least 30 days before the

11-37  date and time scheduled.

11-38     5.  A request to schedule the hearing for a date and time which

11-39  is:

11-40     (a) Within 60 days after the receipt of the notice of appeal or

11-41  contested claim; or

11-42     (b) More than 90 days after the receipt of the notice or

11-43  claim,

11-44  may be submitted to the appeals officer only if all parties to the

11-45  appeal or contested claim agree to the request.

12-1      [5.] 6. An appeal or contested claim may be continued upon

12-2  written stipulation of all parties, or upon good cause shown.

12-3      [6.] 7. Failure to file a notice of appeal within the period

12-4  specified in subsection 1 or 2 may be excused if the party aggrieved

12-5  shows by a preponderance of the evidence that he did not receive

12-6  the notice of the determination and the forms necessary to appeal the

12-7  determination. The claimant, employer or insurer shall notify the

12-8  hearing officer of a change of address.

12-9      Sec. 20.  1.  The Commissioner of Insurance shall conduct a

12-10  study to review whether the State of Nevada should enact, in the

12-11  interest of the public:

12-12     (a) The Defined Limits Version of the Investments of Insurers

12-13  Model Act adopted by the National Association of Insurance

12-14  Commissioners;

12-15     (b) The Defined Standards Version of the Investments of

12-16  Insurers Model Act adopted by the National Association of

12-17  Insurance Commissioners; or

12-18     (c) Other legislation regulating the investments of insurers.

12-19     2.  The Commissioner shall seek to obtain all relevant

12-20  information from public and private sources as part of this study.

12-21  Any such information obtained by the Commissioner may only be

12-22  used for the purposes of conducting this study.

12-23     3.  The Commissioner shall complete this study and submit a

12-24  copy of his findings and recommendations on or before January 1,

12-25  2005, to the Director of the Legislative Counsel Bureau for

12-26  distribution to the 73rd Session of the Nevada Legislature.

 

12-27  H