Nev. Admin. Code § 616B.7777 - Written recommendation of Administrator; requirements

Current through October 13, 2021

1. Except as otherwise provided in subsection 5 of NAC 616B.7773 or paragraph (b) or (c) of subsection 1 of section 2 , not later than 60 days after the date on which a claim is served on the Administrator pursuant to NAC 616B.7773, the Administrator shall :
(a) Submit to the Board a recommendation concerning the approval or disapproval , in whole or in part, of :
(1) The claim ; and
(2) Any expenses of the association related to the claim that the Administrator has verified pursuant to the provisions of NAC 616B.707; and
(b) Notify the association that submitted the claim or the person designated pursuant to section 3 or 5 , as applicable, to accept service on behalf of the association of that recommendation.
2. The Administrator shall include with the recommendation the information necessary for the Board to evaluate the claim and the expenses related to the claim, including, without limitation:
(a) A statement of the issues of fact and law upon which the recommendation of the Administrator is based;
(b) A copy of each document upon which the Administrator based the recommendation; and
(c) A list of each witness, if any, whom the Administrator would likely call before the Board to support the recommendation, if contested .
3. Upon receipt of the recommendation of the Administrator, the Board will render a decision disposing of:
(a) The claim; and
(b) The association's expenses related to the claim which have been verified by the Administrator after consideration in accordance with the provisions of NAC 616B.707.
4. When rendering a decision pursuant to subsection 3 or NAC 616B.7708, the Board will approve a claim and the expenses of an association, in whole or in part, only if the association proves by a preponderance of the evidence that all of the requirements of NRS 616B.578 or 616B.581, as applicable, have been satisfied.

Notes

Nev. Admin. Code § 616B.7777
Added to NAC by Bd. for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private Employers by R215-97, eff. 8-19-99; A by R026-18A, eff. 2-20-2020
NRS 616B.572, 616B.578

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