Nev. Admin. Code § 616B.7779 - Request for hearing

Current through October 13, 2021

1. If the Board initially disapproves, in whole or in part, a claim or any of the expenses related to the claim, the association that submitted the claim may request a hearing before the Board by filing a written request with the Board's legal counsel within 30 days after the Board's legal counsel notifies the association of the decision of the Board.
2. The Board will conduct the hearing within 45 days after the request for a hearing is filed with the Board's legal counsel unless the Board grants a continuance. The Board may grant a continuance upon its own motion or, pursuant to subsection 6, upon the request of the Administrator or the association that submitted the claim.
3. The Board will conduct the hearing pursuant to the provisions of chapter 233B of NRS that relate to contested cases and, if practicable, the Board will apply the rules of procedure and evidence that apply to the district courts of this State. In such a hearing, the Board is not bound by its initial disapproval, in whole or in part, of a claim or any of the expenses related to the claim.
4. Any objection to the conduct of the hearing, including, without limitation, an objection to the introduction of evidence, must be addressed to the Chair of the Board who, in consultation with the other members of the Board and the legal counsel for the Board, will rule upon the objection. If any evidence is excluded from the record, the party who is offering the evidence may make an offer of proof to the Chair of the Board. Such an offer of proof must be included in the record.
5. The Board will direct that an audio recording of the hearing be made, unless the Board on its own motion requires that a court reporter record the hearing or the association requests in advance that the Board provide a court reporter for the hearing and the Board approves the request. If the Board provides a court reporter for the hearing upon the request of the association, the association shall pay all costs related to the services of the court reporter and all costs that are necessary to provide the Board with a copy of the transcript of the hearing.
6. A request for a continuance by the Administrator or an association must:
(a) Be in writing;
(b) State the reasons supporting the request;
(c) Include a statement of any extensions of time or continuances previously granted;
(d) Not be made for the reason of delay and include a statement to that effect;
(e) Be filed by service upon the Board not later than 3 days before the date of the hearing unless extraordinary circumstances are shown or the Board finds that excusable neglect exists; and
(f) Be served upon each other party to the hearing upon filing with the Board.
7. A rebuttable presumption that the association has given the Administrator all the information which the association believes is necessary to support the claim and that the association believes the claim is ready for disposition by the Board arises if a request for a continuance has been filed by service upon the Board pursuant to subsection 6 after:
(a) The association has served a claim for reimbursement on the Administrator;
(b) The Administrator has completed a review of the claim and related information; and
(c) The Administrator has made a recommendation regarding the claim to the Board.
8. After the hearing, the Board will render a decision disposing of the claim based upon the record developed before the Board during the hearing and any continuation thereof.
9. If the Board disapproves a claim, in whole or in part, the Board may direct the legal counsel for the Board to prepare a written decision for the Board that includes findings of fact and conclusions of law for the decision. If the Board directs the legal counsel for the Board to prepare a written decision, the legal counsel shall submit the written decision to the Board for approval. If the Board approves the written decision, the Chair of the Board will sign the decision of the Board and the Board will serve its decision on the association.
10. A decision of the Board pursuant to this section is a final decision for the purpose of judicial review.

Notes

Nev. Admin. Code § 616B.7779
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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