616B.428 - Administrative fines for violations; authority of Commissioner to withdraw certification; effect of withdrawal.
616B.428 Administrative fines for violations; authority of Commissioner to withdraw certification; effect of withdrawal.
1. The Commissioner may impose an administrative fine for each violation of any provision of NRS 616B.350 to 616B.446, inclusive, or any regulation adopted pursuant thereto. Except as otherwise provided in those sections, the amount of the fine may not exceed $1,000 for each violation or an aggregate amount of $10,000.
2. The Commissioner may withdraw the certificate of an association of self-insured public or private employers if:
(a) The association’s certificate was obtained by fraud;
(b) The application for certification contained a material misrepresentation;
(c) The association is found to be insolvent;
(d) The association fails to have five or more members;
(e) The association fails to pay the costs of any examination or any penalty, fee or assessment required by the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(f) The association fails to comply with any of the provisions of this chapter or chapter 616A, 616C, 616D or 617 of NRS, or any regulation adopted pursuant thereto;
(g) The association fails to comply with any order of the Commissioner within the time prescribed by the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or in the order of the Commissioner; or
(h) The association or its third-party administrator misappropriates, converts, illegally withholds or refuses to pay any money to which a person is entitled and that was entrusted to the association in its fiduciary capacity.
3. If the Commissioner withdraws the certification of an association of self-insured public or private employers, each employer who is a member of the association remains liable for his or her obligations incurred before and after the order of withdrawal.
4. Any employer who is a member of an association whose certification is withdrawn shall, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616B.650.
(Added to NRS by 1993, 678; A 1999, 217; 2007, 3339)