Nev. Admin. Code § 616B.579 - Account for Insolvent Associations: Additional assessment; notification by mail; failure to pay; exception
1. Except as
otherwise provided in subsection 4, if the Commissioner determines that the
balance in the Account for Insolvent Associations of Self-Insured Public or
Private Employers is not sufficient to pay compensation that is due pursuant to
chapters 616A to 617, inclusive, of NRS on behalf of an insolvent association
or if an insolvent association or its surety fails to reimburse the Account
pursuant to NAC 616B.582, the Commissioner will collect an additional
assessment from all certified associations. The additional assessment will be
in an amount calculated to pay all compensation that is due pursuant to
chapters 616A to 617, inclusive, of NRS or to reimburse the Account for
Insolvent Associations of Self-Insured Public or Private Employers.
2. At least 20 days before the additional
assessment is due, the Commissioner will notify each association, by regular
mail, of its obligation to pay the additional assessment pursuant to subsection
1. The notice will include:
(a) The amount of
money the association must pay; and
(b) The date on which the additional
assessment is due.
3.
For the purposes of
NRS
616B.428, the failure of an association
timely to pay the additional assessment pursuant to this section is prima facie
evidence that the association intentionally failed to comply with a provision
of a regulation adopted by the Commissioner pursuant to chapters 616A to 616D,
inclusive, of NRS.
4. If:
(a) The Account for Insolvent Associations of
Self-Insured Public or Private Employers has been used to pay the claims of an
insolvent association;
(b) That
association fails to reimburse the Account for Insolvent Associations of
Self-Insured Public or Private Employers; and
(c) The Commissioner determines that the
balance of the Account for Insolvent Associations of Self-Insured Public or
Private Employers is sufficient to pay compensation that is due pursuant to
chapters 616A to 617, inclusive, of NRS on behalf of other insolvent
associations,
the Commissioner may decide not to impose an assessment pursuant to this section against associations certified on that date.
Notes
NRS 616B.443, 616B.446, 679B.130
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