NRS616B.327. Withdrawal of certification of self-insured employer: Informal meeting; notice of withdrawal; hearing; effective date of withdrawal.

      1.  Except as otherwise provided in NRS 616D.120, before any action may be taken pursuant to subsection 2, the Commissioner of Insurance shall arrange an informal meeting with the self-insured employer to discuss and seek correction of any conduct which would be grounds for withdrawal of the self-insured employer’s certificate of self-insurance.

      2.  Except as otherwise provided in NRS 616D.120, before the withdrawal of the certification of any self-insured employer, the Commissioner of Insurance shall give written notice to that employer by certified mail that the employer’s certification will be withdrawn 10 days after receipt of the notice unless, within that time, the employer corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the Commissioner of Insurance. Before requesting a hearing the employer must make the deposit required by NRS 616B.300.

      3.  If the employer requests a hearing:

      (a) The Commissioner of Insurance shall set a date for a hearing within 20 days after receiving the appeal request, and shall give the employer at least 10 business days’ notice of the time and place of the hearing.

      (b) A record of the hearing must be kept but it need not be transcribed unless requested by the employer with the cost of transcription to be charged to the employer.

      (c) Within 5 business days after the hearing, the Commissioner of Insurance shall either affirm or disaffirm the withdrawal and give the employer written notice thereof by certified mail. If withdrawal of certification is affirmed, the withdrawal becomes effective 10 business days after the employer receives notice of the affirmance unless within that period of time the employer corrects the conduct which was ground for the withdrawal or petitions for judicial review of the affirmance.

      4.  If the withdrawal of certification is affirmed following judicial review, the withdrawal becomes effective 5 days after entry of the final decree of affirmance.

      (Added to NRS by 1979, 1037; A 1995, 1640)—(Substituted in revision for NRS 616.296)