r person who violates any provision of NRS 686B.1751 to 686B.1799, inclusive, shall, upon the order of the Commissioner, pay an administrative fine not to exceed $1,000 for each violation and not to exceed $10,000 for each willful violation. These administrative fines are in addition to any other penalty provided by law. Any insurer using a rate before it has been filed with the Commissioner as required by NRS 686B.1775, shall be deemed to have committed a separate violation for each day the insurer failed to file the rate. 2. The Commissioner may suspend or revoke the license of any advisory organization or insurer who fails to comply with an order within the time specified by the Commissioner or any extension of that time made by the Commissioner. Any suspension of a license is effective for the time stated by the Commissioner in his order or until the order is modified, rescinded or reversed. 3. The Commissioner, by written order, may impose a penalty or suspend a license pursuant to this section only after written notice to the insurer, organization or plan for apportioned risks and a hearing. (Added to NRS by 1995, 2055; A 1999, 2223) NRS 686B.1797 Insurer prohibited from withholding or giving false or misleading information to Commissioner or Advisory Organization. An insurer or other person shall not willfully withhold information from, or knowingly give false or misleading information to, the Commissioner or to the Advisory Organization, which will affect the rates, classifications of risks or Uniform Statistical Plan for industrial insurance. (Added to NRS by 1995, 2055) NRS 686B.1799 Limitation on liability of insurer or rating organization acting within scope of employment. No insurer or rating organization or member thereof in its capacity as a member or officer or employee of the licensed rating organization when acting within the scope of his employment is liable for injury or death or other damage proximately caused by a failure to inspect, or the manner or extent of inspection of, an employer’s locations, plants or operations for classification, control of losses or rating, or by that person’s comment or failure to comment on the subject matter or object of the inspection. (Added to NRS by 1995, 2055) ESSENTIAL INSURANCE General Provisions NRS 686B.180 Unavailability of essential coverage; plans for providing coverage. 1. If the Commissioner finds after a hearing that in any part of this state any essential insurance coverage is not readily available in the voluntary market, and that the public interest requires such availability, he may by regulation promulgate plans to provide such insurance coverages for any risks in this state which are equitably entitled to but otherwise unable to obtain such coverage, or may call upon insurers to prepare plans for his approval. Such plans may also include any kind of reinsurance that is unavailable and that would facilitate making essential insurance coverage available where it would otherwise not be available. 2. The plan promulgated or prepared under subsection 1 must: (a) Give consideration to the need for adequate and readily accessible coverage, alternative methods of improving the market affected, the preferences of the insurers and agents, the inherent limitations of the insurance mechanism, the need for reasonable underwriting standards, and the requirement of reasonable loss-prevention measures; (b) Establish procedures that will create minimum interference with the voluntary market; (c) Spread the burden imposed by the facility equitably and efficiently among insurers; and (d) Establish procedures for applicants and participants to have grievances reviewed by an impartial body. 3. Each plan must require participation by all insurers doing any business in this state of the kinds covered by the specific plan and all agents licensed to represent such insurers in this state for the specified kinds of business, except that the Commissioner may exclude kinds of insurance, classes of insurers or classes of persons for administrative convenience or because it is not equitable or practicable to require them to participate in the plan. 4. The plan may provide for optional participation by insurers not required to participate under subsection 3. 5. Each plan must provide for the method of underwriting and classifying risks, making and filing rates, adjusting and processing claims and any other insurance or investment function that is necessary for the purpose of providing essential insurance coverage. 6. In providing for the recoupment of deficits which may be incurred in the plan, an option must be offered to an insured each policy year to pay a capital stabilization charge which must not exceed 100 percent of the premium charged to the insured in that year. The Commissioner shall determine the amount of the charge from appropriate factors of loss experience and risk associated with the plan and the insured. An insured who pays the stabilization charge must not be required to pay any assessment to recoup a deficit in the plan incurred in any policy year for which the charge is paid. The plan must provide for the return to the insured of so much of his payment as remains after all actual or potential liabilities under the policy have been discharged. 7. The plan must specify the basis of participation and assessment of insurers as necessary and must provide for the participation of agents and the conditions under which risks must be accepted. 8. Every participating insurer and agent shall provide to any person seeking coverages of kinds available in the plans the services prescribed in the plans, including full information on the requirements and procedures for obtaining coverage under the plans whenever the business is not placed in the voluntary market. 9. The plan must specify what commission rates must be paid for business placed in the plans. 10. If the Commissioner finds that the lack of cooperating insurers or agents in an area makes the functioning of the plan difficult, he may order that the plan set up a branch service office or take other appropriate steps to insure that service is available. (Added to NRS by 1971, 1706; A 1975, 402; 1977, 303; 1985, 1069) NRS 686B.185 Immunity of Commissioner and association. There is no liability on the part of, and no cause of action of any nature arises against, the Commissioner or his representatives or any essential insurance association, its agents or employees, under a plan established pursuant to the provisions of NRS 686B.180, for any good faith action taken by them in the performance of their powers and duties under such plan. (Added to NRS by 1975, 403) NRS 686B.200 Voluntary plan for sharing risks. Insurers doing business within this state are authorized to prepare voluntary plans providing any specified kind, line or class of insurance coverage or subdivision or combination thereof for all or any part of this state in which such insurance is not readily available in the voluntary market and in which the public interest requires the availability of such coverage. Such plans shall be submitted to the Commissioner and if approved by him may be put into operation. (Added to NRS by 1971, 1707) Associations NRS 686B.210 Nevada Essential Insurance Association: Establishment; membership; plan of operation. 1. If after a hearing the Commissioner determines that a voluntary or mandatory plan would, in his judgment, fail for any reason to provide essential insurance coverage, he may, by regulation, establish a nonprofit unincorporated legal entity to be known as the Nevada Essential Insurance Association. All insurers required to participate pursuant to subsection 3 of NRS 686B.180 shall become members of the Association as a condition of their authority to transact insurance in this state. 2. The Association shall perform its functions u

Vegas Law