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Vegas Law

5. An examination may cover comprehensively all aspects of the examinee’s affairs and condition. The Commissioner shall determine the exact nature and scope of each examination, and in doing so shall take into account all relevant factors, including but not limited to the length of time the examinee has been operating, the length of time he has been licensed in this state, the nature of the services provided, the nature of the accounting records available and the nature of examinations performed elsewhere. 6. For each examination conducted pursuant to this section, the Commissioner shall issue an order stating the scope of the examination and designating the examiner in charge. Upon demand a copy of the order must be exhibited to the examinee. 7. Any examiner authorized by the Commissioner shall, so far as necessary to the purposes of the examination, have access at all reasonable hours to the premises and to any books, records, files, securities, documents or property of the examinee and to those of persons listed in subsection 1 so far as they relate to the affairs of the examinee. 8. The officer, employees and agents of the examinee and of persons listed in subsection 1 shall comply with every reasonable request of the examiners for assistance in any matter relating to the examination. A person shall not obstruct or interfere with the examination in any way other than by legal process. 9. If the Commissioner finds the accounts or records to be inadequate for proper examination of the condition and affairs of the examinee or improperly kept or posted, he may employ experts to rewrite, post or balance them at the expense of the examinee. 10. The examiner in charge of an examination shall make a proposed report of the examination which must include such information and analysis as is ordered in subsection 6, together with the examiner’s recommendations. Preparation of the proposed report may include conferences with the examinee or his representatives at the option of the examiner in charge. The proposed report is confidential until filed in accordance with subsection 11. 11. The Commissioner shall serve a copy of the proposed report upon the examinee. Within 20 days after service, the examinee may serve upon the Commissioner a written demand for a hearing on the contents of the report. If a hearing is demanded, the Commissioner shall give notice and hold a hearing pursuant to NRS 679B.310 to 679B.370, inclusive, except that on demand by the examinee the hearing must be private. Within 60 days after the hearing or if no hearing is demanded then within 60 days after the last day on which the examinee might have demanded a hearing, the Commissioner shall adopt the report with any necessary modifications and file it for public inspection, or he shall order a new examination. 12. The Commissioner shall forward a copy of the examination report to the examinee immediately upon adoption, except that if the proposed report is adopted without change, the Commissioner need only so notify the examinee. 13. The examinee shall forthwith furnish copies of the adopted report to each member of its board of directors or other governing board. 14. The Commissioner may furnish, without cost or at a price to be determined by him, a copy of the adopted report to the insurance commissioner of each state in the United States and of each foreign jurisdiction in which the examinee is licensed and to any other interested person in this state or elsewhere. 15. In any proceeding by or against the examinee or any officer or agent thereof the examination report as adopted by the Commissioner is admissible as evidence of the facts stated therein. In any proceeding by or against the examinee, the facts asserted in any report properly admitted in evidence are presumed to be true in the absence of contrary evidence. 16. The reasonable costs of an examination conducted pursuant to this section must be paid by the examinee except as otherwise provided in subsection 19. These costs include the salary and expenses of each examiner and any other expenses which are directly apportioned to the examination. 17. The amount payable pursuant to subsection 16 is due 10 days after the examinee has been served a detailed account of the costs. 18. The Commissioner may require any examinee, before or from time to time during an examination to deposit with the State Treasurer such deposits as the Commissioner deems necessary to pay the costs of the examination. Any deposit and any payment made pursuant to subsections 16 and 17 must be deposited in the Insurance Examination Account. 19. On the examinee’s request or on his own motion, the Commissioner may pay all or part of the costs of an examination whenever he finds that, because of the frequency of examinations or other factors, imposition of the costs would place an unreasonable burden on the examinee. The Commissioner shall include in his annual report information about any instance in which he applied this subsection. 20. Deposits and payments made pursuant to subsections 16 to 19, inclusive, shall not be deemed to be a tax or license fee within the meaning of any statute. If any other state charges a per diem fee for examination of examinees domiciled in this state, any examinee domiciled in that other state shall pay the same fee when examined by the Commissioner of Insurance of this state. (Added to NRS by 1971, 1704; A 1977, 811; 1991, 1820) NRS 686B.175 State contribution for federally reinsured losses. 1. The Commissioner is authorized to assess each insurance company authorized to do business in this state an aggregate amount sufficient to provide a fund to reimburse the Secretary of Housing and Urban Development in the manner set forth in section 1223(a)(1) of the National Housing Act as amended by section 1103 of the Urban Property Protection and Reinsurance Act of 1968, P.L. 90-448, 82 Stat. 476. The assessment shall be on those lines reinsured during the current year in this state by the Secretary of Housing and Urban Development pursuant to such act. The assessment shall be in the proportion that the premiums earned during the preceding calendar year by each such company in this state bear to the aggregate premiums earned on those lines in this state by all insurers. The fund may be provided in whole or in part from appropriations by the Legislature. 2. Rates used by an insurer shall not be deemed excessive because they contain an amount reasonably calculated to recoup assessments made under this section. (Added to NRS by 1971, 1707)—(Substituted in revision for NRS 686B.190) Advisory Organization for Industrial Insurance NRS 686B.1751 Definitions. As used in NRS 686B.1751 to 686B.1799, inclusive, unless the context otherwise requires, the words and terms defined in NRS 686B.1752 to 686B.1762, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1995, 2049; A 1999, 2220, 3381; 2001, 2256) NRS 686B.1752 “Advisory Organization” defined. “Advisory Organization,” when preceded by the definite article, means the organization designated by the Commissioner pursuant to NRS 686B.1764. (Added to NRS by 1995, 2049) NRS 686B.1753 “Basic premium rate” defined. “Basic premium rate” means the portion of a rate attributable to the cost of losses per unit of exposure and includes the expense of adjusting those losses. (Added to NRS by 1995, 2049) NRS 686B.1754 “Classification of risks” defined. “Classification of risks” or “classification” means the system or arrangement used to recognize differences of exposure to hazards among employers with different occupations, industries or operations. (Added to NRS by 1995, 2049) NRS 686B.1755 “Expenses” defined. “Expenses” means the portion of a rate attributable to the costs for the acquisition of employers to insure, supervision of employees and agents, collection of accoun

Vegas Law




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