NRS 616C.325
Representation of employee and employer before hearings officer or appeals officer or in negotiations with insurer

  • licensure of employer’s representative
  • employer liable for representative’s violations
  • compensation of employer’s representative must not be contingent on outcome.

1.

It is unlawful for any person to represent an employee before a hearing officer, or in any negotiations, settlements, hearings or other meetings with an insurer concerning the employee’s claim or possible claim, unless the person is:

(a)

Employed by the employee’s labor organization and is not an independent contractor;

(b)

Admitted to practice law in this State;

(c)

Employed full-time by and under the supervision of an attorney admitted to practice law in this State; or

(d)

Appearing without compensation on behalf of the employee.
Ê It is unlawful for any person who is not admitted to practice law in this State to represent the employee before an appeals officer.

2.

It is unlawful for any person to represent an employer at hearings of contested cases unless that person is:

(a)

Employed full-time by the employer or a trade association to which the employer belongs that is not formed solely to provide representation at hearings of contested cases;

(b)

An employer’s representative licensed pursuant to subsection 3 who is not licensed as a third-party administrator;

(c)

Admitted to practice law in this State; or

(d)

A licensed third-party administrator.

3.

The Director of the Department of Administration shall adopt regulations which include the:

(a)

Requirements for licensure of employers’ representatives, including:

(1)

The registration of each representative; and

(2)

The filing of a copy of each written agreement for the compensation of a representative;

(b)

Procedure for such licensure; and

(c)

Causes for revocation of such a license, including any applicable action listed in NRS 616D.120 or a violation of this section.

4.

Any person who is employed by or contracts with an employer to represent the employer at hearings regarding contested claims is an agent of the employer. If the employer’s representative violates any provision of this chapter or chapter 616A, 616B, 616D or 617 of NRS, the employer is liable for any penalty assessed because of that violation.

5.

An employer shall not make the compensation of any person representing the employer contingent in any manner upon the outcome of any contested claim.

6.

The Director of the Department of Administration shall collect in advance and deposit with the State Treasurer for credit to the State General Fund the following fees for licensure as an employer’s representative:

(a)

Application and license.......................................................................................... $78

(b)

Triennial renewal of each license............................................................................ 78

Source: Section 616C.325 — Representation of employee and employer before hearings officer or appeals officer or in negotiations with insurer; licensure of employer’s representative; employer liable for representative’s violations; compensation of employer’s representative must not be contingent on outcome., https://www.­leg.­state.­nv.­us/NRS/NRS-616C.­html#NRS616CSec325.

616C.295
Duties of Chief of Hearings Division: Adoption of regulations establishing codes of conduct for hearing officers and appeals officers, standards for initial training and continuing education and qualifications for hearing officers
616C.300
Hearing officers: Appointment
616C.305
Procedure for appeal of final determination of organization for managed care which has contracted with insurer.
616C.310
Contested cases: Procedures
616C.315
Request for hearing
616C.320
Resolution of disputed decision of self-insured employer or employer who is member of association of self-insured public or private employers or insured by private carrier.
616C.325
Representation of employee and employer before hearings officer or appeals officer or in negotiations with insurer
616C.330
Date, time and place for hearing
616C.335
Award of interest.
616C.340
Appointment, term, qualifications and salary of appeals officers and special appeals officers
616C.345
Notice of appeal
616C.350
Testimony of physician or chiropractor before appeals officer
616C.355
Use of affidavits or declarations as evidence at hearing
616C.360
Record of hearing before appeals officer
616C.363
External review: Duties of independent review organization
616C.365
Reimbursement of employee’s expenses incurred and wages lost as result of hearing requested by employer or insurer
616C.370
Judicial review.
616C.375
Stay of decision of appeals officer.
616C.380
Payment pending appeal when decision not stayed
616C.385
Costs and attorney’s fees for frivolous petitions for judicial review.
616C.390
Reopening claim: General requirements and procedure
616C.392
Reopening claim: Circumstances under which insurer is required to reopen claim for permanent partial disability.
Last Updated

Jun. 24, 2021

§ 616C.325’s source at nv​.us