(On Behalf of the Hearings Division of the
Department of Administration)
March 13, 1997
____________
Referred to Committee on Finance
SUMMARY--Revises provisions governing appeals officers appointed to conduct hearings in contested cases involving industrial insurance benefits for injuries or death. (BDR 53-1449)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to industrial insurance; revising the provisions governing appeals officers appointed to conduct hearings in contested cases involving industrial insurance benefits for injuries or death; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 616C.340 is hereby amended to read as follows:
616C.340 1. The governor shall appoint one or more appeals officers to conduct hearings in contested claims for compensation pursuant to NRS 616C.360. Each appeals officer shall hold office for 2 years from the date of his appointment and until his successor is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law and is in the unclassified service of the state.
2. Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this state for at least 2 years. Except as otherwise provided in NRS 7.065, an appeals officer shall not engage in the private practice of law.
3. If an appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing the case . [and the]
4. The governor may appoint [a] one or more special appeals [officer who is] officers who are vested with the same powers as [the] a regular appeals officer . [would possess. The] A special appeals officer may hear any case in which a regular appeals officer has a conflict, or any case assigned to him by the senior appeals officer to assist with a backlog of cases. A special appeals officer is entitled to be paid at an hourly rate, [based upon the appeals officer's salary.
4.] as determined by the department of administration.
5. The decision of an appeals officer is the final and binding administrative determination of a claim for compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.
Sec. 2 NRS 616C.345 is hereby amended to read as follows:
616C.3451. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.
2. If a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and:
(a) A final decision was rendered pursuant to that procedure; or
(b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,
any party to the dispute may file a notice of appeal within 70 days after the date on which the final decision was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written decision within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.
3. Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a decision rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.
4. Except as otherwise provided in this subsection, the appeals officer shall, within 10 days after receiving a notice of appeal pursuant to this section or a contested claim pursuant to subsection 5 of NRS 616C.315, schedule a prehearing conference for a date and time within 45 days, or a hearing for a date and time within 90 days , after his receipt of the notice and give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled. [A request to schedule the hearing for a date and time which is:
(a) Within 60 days after the receipt of the notice of appeal or contested claim; or
(b) More than 90 days after the receipt of the notice or claim,
may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.] If a prehearing conference is scheduled, the appeals officer shall, at the prehearing conference, schedule a hearing in the matter for a date and time that is mutually convenient to the parties.
5. An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.
6. Failure to file a notice of appeal within the period specified in subsection 1 or 2 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the decision and the forms necessary to appeal the decision. The claimant, employer or insurer shall notify the hearing officer of a change of address.
Sec. 3 This act becomes effective upon passage and approval.