on has occurred, the Administrator shall cause to be conducted an investigation of the alleged violation. Except as otherwise provided in subsection 2, the Administrator shall, within 30 days after initiating the investigation: (a) Render a determination. The determination must include his findings of fact and, if he determines that a violation has occurred, one or more of the following: (1) The amount of any fine required to be paid pursuant to NRS 616D.120. (2) The amount of any benefit penalty required to be paid to a claimant pursuant to NRS 616D.120. (3) A plan of corrective action to be taken by the insurer, organization for managed care, health care provider, third-party administrator or employer, including the manner and time within which the violation must be corrected. (4) A requirement that notice of the violation be given to the appropriate agency that regulates the activities of the violator. (b) Notify the Commissioner if he determines that a violation was committed by a self-insured employer, association of self-insured public or private employers or third-party administrator. 2. Upon receipt of a complaint for any violation of paragraph (a), (b), (c) or (d) of subsection 1 of NRS 616D.120, or if the Administrator has reason to believe that such a violation has occurred, the Administrator shall complete the investigation required by subsection 1 within 60 days and, within 30 days after the completion of the investigation, render a determination and notify the Commissioner if he determines that a violation was committed by a self-insured employer, association of self-insured public or private employers or third-party administrator. 3. If, based upon the Administrator’s findings of fact, he determines that a violation has not occurred, he shall issue a determination to that effect. (Added to NRS by 1995, 1637; A 2003, 1680) NRS 616D.140 Benefit penalties: Appeal of imposition of penalty or determination made by Administrator; finality of imposition of penalty; payment of penalty; recovery by Administrator of unpaid penalty. 1. If a person wishes to contest a decision of the Administrator to impose or refuse to impose a benefit penalty pursuant to NRS 616D.120, he must file a notice of appeal with an appeals officer in accordance with this section. The notice of appeal must set forth the reasons the proposed benefit penalty should or should not be imposed. 2. A person who is aggrieved by: (a) A written determination of the Administrator; or (b) The failure of the Administrator to respond within 90 days to a written request mailed to the Administrator by the person who is aggrieved, may appeal from the determination or failure to respond by filing a request for a hearing before an appeals officer. The request must be filed within 30 days after the date on which the notice of the Administrator’s determination was mailed by the Administrator or within 100 days after the date on which the unanswered written request was mailed to the Administrator, as applicable. The failure of the Administrator to respond to a written request for a determination within 90 days after receipt of the request shall be deemed by the appeals officer to be a denial of the request. 3. If a notice of appeal is not filed as required by this section, the imposition of or refusal to impose the benefit penalty shall be deemed a final order and is not subject to review by any court or agency. 4. A hearing held pursuant to this section must be conducted by the appeals officer as a hearing de novo. The appeals officer shall render a written decision on the appeal. Except as otherwise provided in this section, the provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to this section. 5. A benefit penalty imposed pursuant to NRS 616D.120 must be paid to the claimant on whose behalf it is imposed. If such a payment is not made within the period required by NRS 616D.120, the benefit penalty may be recovered in a civil action brought by the Administrator on behalf of the claimant in a court of competent jurisdiction in the county in which the claimant resides, in which the violation occurred or in which the person who is required to pay the benefit penalty has his principal place of business. 6. Any party aggrieved by a decision issued pursuant to this section by an appeals officer may appeal the decision directly to the district court. (Added to NRS by 1993, 691; A 1995, 1639; 2003, 1681) NRS 616D.145 Administrative fines: Appeal of imposition of fine; finality of imposition of fine; payment of fine; recovery by Division of unpaid fine. 1. If a person wishes to contest a decision of the Administrator to impose an administrative fine pursuant to this chapter or chapter 616A, 616B, 616C or 617 of NRS, he must file a notice of appeal with an appeals officer in accordance with this section. The notice of appeal must set forth the reasons the proposed administrative fine should not be imposed. 2. A person who is aggrieved by a written determination of the Administrator may appeal from the determination by filing a request for a hearing before an appeals officer. The request must be filed within 30 days after the date on which the notice of the Administrator’s determination was mailed by the Administrator. 3. If a notice of appeal is not filed as required by this section, the imposition of the administrative fine shall be deemed a final order and is not subject to review by any court or agency. 4. An administrative fine imposed pursuant to this chapter or chapter 616A, 616B, 616C or 617 of NRS must be paid to the Division. If the violation for which the fine is levied was committed by a person while acting within the course and scope of his agency or employment, the fine must be paid by his principal or employer. The fine may be recovered in a civil action brought in the name of the Division in a court of competent jurisdiction in the county in which the violation occurred or in which the person against whom the fine is levied has his principal place of business. (Added to NRS by 2003, 1677) NRS 616D.150 Appeal of decisions of Administrator. Except as otherwise provided in NRS 616D.140, 616C.220 and 617.401, any party who is aggrieved by a decision of the Administrator may appeal that decision directly to the district court. (Added to NRS by 1981, 1454; A 1987, 655; 1991, 2401; 1995, 1640)—(Substituted in revision for NRS 616.221) PROHIBITED ACTS NRS 616D.200 Failure of employer to provide, secure and maintain compensation: Procedure for determination and appeal; penalty. 1. If the Administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of: (a) The premiums that would otherwise have been owed to a private carrier pursuant to the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, as determined by the Administrator based upon the manual rates adopted by the Commissioner, for the period that the employer was doing business in this State without providing, securing or maintaining that compensation, but not to exceed 6 years; and (b) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid. The money collected pursuant to this subsection must be paid into the Uninsured Employers’ Claim Account. 2. The Administrator shall deliver a copy of his determination to the employer. An employer who is aggrieved by the determination of the Administrator may appeal from the determination pursuant to subsection 2 of

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