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 hearings officer, or in any negotiations, settlements, hearings or other meetings with an insurer concerning the employee’s claim or possible claim, unless he is: (a) Employed full-time by the employee’s labor organization; (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. 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 him 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 (Added to NRS by 1987, 2140; A 1989, 527; 1993, 737, 2453, 2458; 1995, 2149; 1999, 225) NRS 616C.330 Date, time and place for hearing; evaluation of injured employee; powers and duties of hearing officer; issuance of decision; procedure for obtaining stay of decision. 1. The hearing officer shall: (a) Except as otherwise provided in subsection 2 of NRS 616C.315, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the hearing officer; (b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and (c) Conduct hearings expeditiously and informally. 2. The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada Attorney for Injured Workers. 3. If necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer. 4. If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less. 5. The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied. 6. The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing. 7. The hearing officer shall render his decision within 15 days after: (a) The hearing; or (b) He receives a copy of the report from the medical examination he requested. 8. The hearing officer shall render his decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration. 9. The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision. 10. Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay. (Added to NRS by 1979, 1040; A 1983, 645; 1985, 669, 864, 1547; 1991, 835, 2418; 1993, 738; 1995, 2150; 1999, 1785, 2217; 2001, 115, 1895; 2003, 2333, 2808; 2005, 238, 1267) NRS 616C.335 Award of interest. If a contested claim for compensation is decided in favor of the claimant, he is entitled to an award of interest at the rate of 9 percent on the amount of compensation due him, from the date the payment on the claim would be due until the date that payment is made. (Added to NRS by 1989, 687; A 1989, 2002)—(Substituted in revision for NRS 616.5418) NRS 616C.340 Appointment, term, qualifications and salary of appeals officers and special appeals officers; conflicts of interest; finality of decision by appeals officer. 1. The Governor shall appoint one or more appeals officers to conduct hearings and appeals a

Vegas Law