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f a gross misdemeanor. 3. Any employer violating any provision of this section must be prosecuted by the Attorney General upon complaint of any employee who, as determined by the Attorney General, submits proper evidence of a violation. [38:168:1947; 1943 NCL § 2680.38]—(NRS A 1967, 637; 1987, 599; 1991, 2427; 1993, 756; 1995, 171; 1999, 229) NRS 616D.250 Refusal of employer to submit records for inspection; penalty. 1. A self-insured employer, a member of an association of self-insured public or private employers or an employer insured by a private carrier who refuses to submit his books, records and payroll to the Administrator or the private carrier for inspection as provided by NRS 616A.485 is subject to a penalty of $1,000 for each offense, to be collected by a civil action in the name of the Administrator or the private carrier, as applicable. 2. The person who makes such refusal is guilty of a misdemeanor. [Part 80:168:1947; 1943 NCL § 2680.80]—(NRS A 1981, 1498; 1993, 1873; 1995, 2034; 1999, 1800, 2417; 2001, 115) NRS 616D.260 Refusal of employer to produce document for audit; order to compel; penalty for failure to comply with order. 1. If an employer refuses to produce any book, record, payroll report or other document in conjunction with an audit conducted by a private carrier or the Department of Taxation to verify the employer’s premium, the Administrator may issue a subpoena to require the production of that document. 2. If an employer refuses to produce any document as required by the subpoena, the Administrator may report to the district court by petition, setting forth that: (a) Due notice has been given of the time and place of the production of the document; (b) The employer has been subpoenaed by the Administrator pursuant to this section; and (c) The employer has failed or refused to produce the document required by the subpoena, and asking for an order of the court compelling the employer to produce the document. 3. Upon such petition, the court shall enter an order directing the employer to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not produced the document. A certified copy of the order must be served upon the employer. 4. If it appears to the court that the subpoena was regularly issued by the Administrator, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court. (Added to NRS by 1991, 2390; A 1993, 1873; 1997, 1444; 1999, 1800) NRS 616D.270 Failure to post and maintain notices. Any employer who fails: 1. To post the notice required by NRS 616A.490 and 616B.650 in a place that is readily accessible and visible to employees is guilty of a misdemeanor. 2. To maintain the notice or notices required by NRS 616A.490 and 616B.650 is guilty of a misdemeanor. [Part 36:168:1947; 1943 NCL § 2680.36]—(NRS A 1991, 2429; 1995, 2034) NRS 616D.290 Injury of minor unlawfully employed. If any workman at the time of an injury is under the minimum age prescribed by law for the employment of a minor in the occupation in which he is engaged when injured, the employer is liable to the Division for a penalty of not less than $300 nor more than $2,000, to be collected in a civil action at law by the Division. [Part 83:168:1947; A 1949, 659; 1943 NCL § 2680.83]—(NRS A 1981, 1499; 1993, 1876)—(Substituted in revision for NRS 616.670) NRS 616D.300 False statements or representations to obtain benefits; concealment of material fact to obtain benefits; penalty. Unless a different penalty is provided pursuant to NRS 616D.370 to 616D.410, inclusive, a person who knowingly makes a false statement or representation, including, but not limited to, a false statement or representation relating to his identity or the identity of another person, or who knowingly conceals a material fact to obtain or attempt to obtain any benefit, including a controlled substance, or payment under the provisions of this chapter or chapter 616A, 616B, 616C or 617 of NRS, either for himself or for any other person, shall be punished as follows: 1. If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor. 2. If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution. [73:168:1947; 1943 NCL § 2680.73]—(NRS A 1957, 29; 1983, 646; 1989, 1190; 1993, 759; 1995, 171, 1307, 1328, 1874; 1997, 569; 1999, 229) NRS 616D.310 False statements or representations concerning employment of person receiving benefits; penalty. A person who knowingly makes a false statement or representation concerning the employment of a person who is receiving benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS is guilty of a category D felony and shall be punished as provided in NRS 193.130. (Added to NRS by 1991, 2391; A 1993, 760; 1995, 1309; 1999, 230) NRS 616D.320 Employment of person who is receiving unlawful payments for temporary total disability prohibited; penalty. 1. An employer shall not knowingly offer employment or continue to employ a person who is receiving payments for a temporary total disability in violation of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or NRS 281.390. 2. An employer who is convicted of violating the provisions of subsection 1 is guilty of a gross misdemeanor. (Added to NRS by 1995, 1872; A 1999, 230) NRS 616D.330 Improper oral or written communications with treating physician or chiropractor of injured employee; exceptions; penalty. 1. An insurer, an employer, an organization for managed care, a third-party administrator or the representative of any of those persons, the Nevada Attorney for Injured Workers or an attorney or other compensated representative of an injured employee shall not initiate: (a) Any oral communication relating to the medical disposition of the claim of an injured employee with the injured employee’s examining or treating physician or chiropractor unless the initiator of the oral communication: (1) Maintains, in written form or in a form from which a written record may be produced, a log that includes the date, time and subject matter of the communication; and (2) Makes the log available, upon request, to each insurer, organization for managed care and third-party administrator interested in the claim or the representative of each of those persons, the Administrator and the injured employee, his representative and his employer; or (b) Any written communication relating to the medical disposition of the claim with the injured employee’s examining or treating physician or chiropractor unless a copy of the communication is submitted to the injured employee or his representative in a timely manner. 2. If the Administrator determines that a person has violated the provisions of this section, he shall: (a) For an initial violation, issue a notice of correction. (b) For a second violation, impose an administrative fine of not more than $250. (c) For a third or subsequent violation, impose an administrative fine of not more than $1,000. (Added to NRS by 1997, 1789) FRAUDULENT PRACTICES NRS 616D.350 Definitions. As used in NRS 616D.350 to 616D.440, inclusive, unless the context otherwise requires: 1. “Charge” means any communication, whether oral, written, electronic or magnetic, which is used to identify specific accident benefits as reimbursable pursuant to chapters 616A to

Vegas Law




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