Nev. Admin. Code § 616B.7704 - Recommendation of Administrator concerning acceptance or denial of claim or related expenses
1. Except as
otherwise provided in subsection 4 of NAC 616B.7702 or paragraph (b) or (c) of
subsection 1 of NAC 616B.77013, not later than 60 days after the date on which
a claim is served on the Administrator pursuant to NAC 616B.7702, 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 self-insured employer
related to the claim that the Administrator has verified pursuant to NAC
616B.707; and
(b) Notify
the self-insured employer who submitted the claim or the person designated
pursuant to NAC 616B.7703 or 616B.77031, as applicable, to accept service on
behalf of the self-insured employer 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 self-insured employer'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, the Board will approve a claim
and the expenses of a self-insured employer, in whole or in part, only if the
employer proves by a preponderance of the evidence that all of the requirements
of NRS 616B.557 or 616B.560, as applicable, have been satisfied.
Notes
NRS 616A.400
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