NRS 616D.220. 3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, shall be punished as follows: (a) Except as otherwise provided in paragraph (b), if it is a first offense, for a misdemeanor. (b) If it is a first offense and, during the period the employer was doing business in this State without providing, securing or maintaining compensation, one of his employees suffers an injury arising out of and in the course of his employment that results in substantial bodily harm to the employee or the death of the employee, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000. (c) If it is a second or subsequent offense committed within 7 years after the previous offense, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000. 4. In addition to any other penalty imposed pursuant to paragraph (b) or (c) of subsection 3, the court shall order the employer to: (a) Pay restitution to an insurer who has incurred costs as a result of the violation in an amount equal to the costs that have been incurred minus any costs incurred that have otherwise been recovered; and (b) Reimburse the uninsured employers’ claim account for all payments made from the account on the employer’s behalf, including any benefits, administrative costs or attorney’s fees paid from the account, that have not otherwise been recovered pursuant to NRS 616C.220. 5. Any criminal penalty imposed pursuant to subsections 3 and 4 must be in addition to the amount charged pursuant to subsection 1. [32:168:1947; A 1949, 659; 1943 NCL § 2680.32]—(NRS A 1967, 636; 1981, 1498; 1991, 2426; 1993, 754; 1995, 1873; 1997, 568, 570, 1191, 1442, 1457, 3222, 3224; 1999, 228, 250, 658, 1730, 1738, 1739, 1799; 2001, 59, 2769) NRS 616D.210 Engagement in new business after termination of prior business while owing premiums, interest or penalties to private carriers: Prohibitions; penalties. 1. Any person who: (a) Is the legal or beneficial owner of 25 percent or more of a business which terminates operations while owing a premium, interest or penalty to a private carrier and becomes, or induces or procures another person to become, the legal or beneficial owner of 25 percent or more of a new business engaging in similar operations; or (b) Knowingly aids or abets another person in carrying out such conduct, is liable in a civil action for the payment of any premium, interest and penalties owed to the private carrier and the reasonable costs incurred by the private carrier to investigate and act upon such conduct. 2. The private carrier shall not knowingly insure any business which engages in the conduct described in subsection 1 unless the premium and any interest and penalties owed to the prior insurer have been paid to that insurer. 3. As used in this section, “business” includes, but is not limited to, a firm, sole proprietorship, general or limited partnership, voluntary association or private corporation. (Added to NRS by 1993, 685; A 1995, 2033; 1999, 1731, 1800) NRS 616D.220 Liability for false statement or failure to report material fact concerning amount of payroll or misrepresentation of classification or duties of employee; appeal; penalty. 1. If the Administrator finds that any employer or any employee, officer or agent of any employer has knowingly: (a) Made a false statement or has knowingly failed to report a material fact concerning the amount of payroll upon which a premium is based; or (b) Misrepresented the classification or duties of an employee, he shall make a determination thereon and charge the employer’s account an amount equal to the amount of the premium that would have been due had the proper information been submitted. The Administrator shall deliver a copy of his determination to the employer. The money collected pursuant to this subsection must be paid into the Uninsured Employers’ Claim Account. 2. An employer who is aggrieved by the determination of the Administrator may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was delivered to the employer. The Administrator shall hold a hearing within 30 days after he receives the request. The determination of the Administrator made pursuant to a hearing is a final decision for the purposes of judicial review. The amount of the determination as finally decided by the Administrator becomes due within 30 days after the determination is served on the employer. 3. A person who knowingly: (a) Makes a false statement or representation or who knowingly fails to report a material fact concerning the amount of payroll upon which a premium is based; or (b) Misrepresents the classification or duties of an employee, is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1. [81:168:1947; A 1951, 485]—(NRS A 1971, 154; 1981, 1498; 1989, 743; 1991, 2427; 1993, 755; 1995, 1874; 1997, 585, 1443, 1457; 1999, 1731; 2001, 2770) NRS 616D.230 Failure of employer to pay amount charged to him for engaging in certain prohibited acts; civil liability; additional penalties; disposition of amount collected. 1. An employer who fails to pay an amount of money charged to him pursuant to the provisions of NRS 616D.200 or 616D.220 is liable in a civil action commenced by the Attorney General for: (a) Any amount charged to the employer by the Administrator pursuant to NRS 616D.200 or 616D.220; (b) Not more than $10,000 for each act of willful deception; (c) An amount equal to three times the total amount of the reasonable expenses incurred by the State in enforcing this section; and (d) Payment of interest on the amount charged at the rate fixed pursuant to NRS 99.040 for the period from the date upon which the amount charged was due to the date upon which the amount charged is paid. 2. A criminal action need not be brought against an employer described in subsection 1 before civil liability attaches under this section. 3. Any payment of money charged pursuant to the provisions of NRS 616D.200 or 616D.220 and collected pursuant to paragraph (a) or (d) of subsection 1 must be paid into the Uninsured Employers’ Claim Account. 4. Any penalty collected pursuant to paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to the provisions of NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the State General Fund. (Added to NRS by 1995, 1871; A 1997, 1443; 2001, 2771) NRS 616D.240 Deduction from wages of employee prohibited; requirement by employer that employee provide compensation on his own behalf prohibited; enforcement of prohibited acts by Attorney General. 1. Any employer who makes any charge against any employee or who deducts from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his acceptance or rejection of chapters 616A to 616D, inclusive, or chapter 617 of NRS is guilty of a gross misdemeanor. 2. An employer who is required to provide compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and who requires an employee to provide or secure such compensation on his own behalf is guilty o

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