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t an inspection; or
3. As a witness, refuses to testify to any matter for which he may be lawfully interrogated,
the district judge of the county in which the person resides, on application of the appeals officer, the hearing officer, the Administrator or the Administrator’s designee, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpoenas issued from the court on a refusal to testify therein.
[48:168:1947; 1943 NCL § 2680.48]—(NRS A 1975, 762; 1977, 313; 1979, 1043; 1981, 1139, 1461; 1983, 356; 1993, 709; 1999, 1729)
NRS 616D.080 Fees: Officers serving subpoenas; witnesses; procedure for payment.
1. Each officer who serves a subpoena is entitled to receive the same fees as a sheriff.
2. Each witness who appears, in obedience to a subpoena which has been issued pursuant to this chapter or chapter 616A, 616B, 616C or 617 of NRS, before an appeals officer, a hearing officer, the Administrator or the Administrator’s designee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record. For subpoenas issued on behalf of this State or an officer or agency thereof, the fees and mileage are not required to be tendered at the same time that the subpoena is delivered to the person named therein.
3. The appeals officer, hearing officer, Administrator or the Administrator’s designee shall:
(a) Authorize payment from his administrative budget of the fees and mileage due to such a witness; or
(b) Impose those costs upon the party at whose instance the witness was subpoenaed or, for good cause shown, upon any other party.
[49:168:1947; 1943 NCL § 2680.49]—(NRS A 1975, 762; 1977, 313; 1979, 1043; 1981, 1462; 1983, 356, 1293; 1993, 709; 1999, 227, 1729, 1738)
NRS 616D.090 Depositions of witnesses.
1. In an investigation, the Administrator or a hearing officer may cause depositions of witnesses residing within or without the State to be taken in the manner prescribed by law and Nevada Rules of Civil Procedure for taking depositions in civil actions in courts of record.
2. After the initiation of a claim under the provisions of this chapter or chapter 616A, 616B, 616C or 617 of NRS, in which a claimant or other party is entitled to a hearing on the merits, any party to the proceeding may, in the manner prescribed by law and the Nevada Rules of Civil Procedure for taking written interrogatories and depositions in civil actions in courts of record:
(a) Serve upon any other party written interrogatories to be answered by the party served; or
(b) Take the testimony of any person, including a party, by deposition upon oral examination.
[50:168:1947; 1943 NCL § 2680.50]—(NRS A 1975, 762; 1979, 1043; 1981, 1462)—(Substituted in revision for NRS 616.240)
NRS 616D.100 Transcripts: Introduction in evidence; availability to parties.
1. A transcribed copy of the evidence and proceedings, or any specific part thereof, of any final hearing or investigation, made by a stenographer appointed by an appeals officer, a hearing officer, the Administrator or the Administrator’s designee, being certified by that stenographer to be a true and correct transcript of the testimony in the final hearing or investigation, or of a particular witness, or of a specific part thereof, and carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on the final hearing or investigation so purporting to be taken and transcribed, may be received in evidence with the same effect as if the stenographer had been present and testified to the facts so certified.
2. A copy of the transcript must be furnished on demand to any party upon the payment of the fee required for transcripts in courts of record.
[51:168:1947; NCL § 2680.51]—(NRS A 1967, 39; 1973, 1597; 1975, 762; 1977, 314; 1979, 1044; 1981, 1462; 1983, 356; 1993, 710; 1999, 1730)
NRS 616D.110 Order to cease business operations if employer fails to provide or maintain coverage for industrial insurance: Power of Administrator; contents; procedure; assistance from law enforcement agency.
1. In addition to any other remedy provided for by law, if any employer within the provisions of NRS 616B.633 fails to provide and secure compensation, or fails to maintain such compensation, under the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator may, in order to protect the employees of the employer from the effect of not having industrial insurance coverage and upon compliance with the requirements of subsection 2, order the immediate cessation of all business operations at the place of employment or jobsite until such time as the employer performs all acts and duties enjoined upon him by chapters 616A to 616D, inclusive, or chapter 617 of NRS as determined necessary by the Administrator in order to provide, secure and maintain compensation under those chapters.
2. The order must:
(a) Include a reference to the particular sections of the statutes or regulations alleged to have been violated, and a short, plain statement of the facts alleged to constitute the violation.
(b) Provide an opportunity for hearing to the employer on a date fixed in the order which must not be less than 5 nor more than 15 days after the date of the order, unless upon demand of the employer the date is advanced to the next business day after the demand is made to the Administrator.
An order for summary suspension issued pursuant to this subsection must be endorsed with the date and hour of issuance and entered of record in the office of the Administrator.
3. Immediately upon receiving an order to cease business operations under subsection 1, an employer shall order all employees or other persons to leave the place of employment or jobsite and shall cease all business operations thereat.
4. Upon request by the Administrator, any law enforcement agency in this State shall render any assistance necessary to carry out the requirement of subsection 3, including but not limited to preventing any employee or other person from remaining at the place of employment or jobsite.
(Added to NRS by 1973, 585; A 1981, 1497; 1999, 228)
NRS 616D.115 Failure to comply with order to cease business operations; penalties; cumulative nature of penalties.
1. A person shall not knowingly fail to comply with an order issued by the Administrator pursuant to NRS 616D.110 to cease immediately all business operations at a place of employment or jobsite.
2. A person who is convicted of violating the provisions of subsection 1 is guilty of a misdemeanor.
3. A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute.
(Added to NRS by 2003, 371)
NRS 616D.120 Administrative fines and benefit penalties for certain violations; powers of Administrator; revocation or withdrawal of certificate of self-insurance or registration as third-party administrator.
1. Except as otherwise provided in this section, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:
(a) Induced a claimant to fail to report an accidental injury or occupational disease;
(b) Without justification, persuaded a claimant to:
(1) Settle for an amount which is less than reasonable;
(2) Settle for an amount which is less than reasonable while a hearing or an appeal is pending; or
(3) Accept less than the compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;
(
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