NRS616B.760. Creation; membership; terms; vacancies.

      1.  The Appeals Panel for Industrial Insurance is hereby created. The Appeals Panel consists of seven members who are appointed by the Governor, in consultation with the Commissioner. From the appropriate list of persons, if any, provided by the advisory organization pursuant to subsection 2, the Governor, in consultation with the Commissioner, shall appoint:

      (a) An employee of the Division of Insurance of the Department of Business and Industry;

      (b) An agent who is:

             (1) Licensed pursuant to chapter 683A of NRS and qualified pursuant to regulations adopted by the Commissioner to take an application for, procure or place on behalf of others, industrial insurance; and

             (2) A member of a nationally recognized association for the profession of insurance agents;

      (c) Two representatives of the general public:

             (1) One of which must be employed by, or the proprietor of, a business which is a member of:

                   (I) A local chamber of commerce; or

                   (II) Another organization representing the general business interests of a group of businesses located in this State;

             (2) Neither of which may be an independent contractor to, or an employee or representative of, an insurance company, insurance broker, insurance agent or insurance solicitor, a law firm, actuary or a representative of a trade association that represents or supports the interests specific to the trade of any such persons; and

             (3) Both of which must be knowledgeable in the field and business of industrial insurance in this State;

      (d) Two representatives of private carriers; and

      (e) A representative of the advisory organization who administers appeals panels for grievances of employers in other states.

      2.  On or before June 1 of a year in which the Governor is to appoint a member to the Appeals Panel, the advisory organization shall compile lists of nominees for appointment pursuant to subsection 1 and provide such lists to the Governor and the Commissioner. The advisory organization shall compile three lists, each containing the names of at least five persons who, in the opinion of the advisory organization, would be appropriate members of the Appeals Panel as:

      (a) The agent appointed pursuant to paragraph (b) of subsection 1;

      (b) The two representatives of the general public appointed pursuant to paragraph (c) of subsection 1; and

      (c) The two representatives of private carriers appointed pursuant to paragraph (d) of subsection 1.

      3.  Within 30 days after such appointments have been made, the Governor shall notify the advisory organization of the names of each new member.

      4.  After the initial terms, members shall serve terms of 2 years, except when appointed to fill unexpired terms.

      5.  A vacancy in the membership of the Appeals Panel must be filled by the Governor, in consultation with the Commissioner, in accordance with the provisions of subsections 1 and 2 for the remainder of the unexpired term. The newly appointed member must have the same qualifications as the vacating member, as specified in paragraph (a), (b), (c), (d) or (e) of subsection 1, as appropriate.

      (Added to NRS by 1999, 3376; A 2001, 2256)