Nev. Admin. Code § 616B.7706 - Request for hearing; continuance
1. If the Board
initially disapproves, in whole or in part, a claim or any of the expenses
related to the claim, the self-insured employer who 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
self-insured employer 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 self-insured employer who 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 self-insured employer 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 self-insured employer, the self-insured
employer 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 a self-insured employer 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
self-insured employer has given the Administrator all the information which the
self-insured employer believes is necessary to support the claim and that the
self-insured employer 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
self-insured employer 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 self-insured employer.
10. A decision of the Board pursuant to this
section is a final decision for the purpose of judicial review.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.