616B.431 - Withdrawal of certificate of association: Informal meeting; notice of withdrawal; hearing; effective date of withdrawal.
616B.431 Withdrawal of certificate of association: Informal meeting; notice of withdrawal; hearing; effective date of withdrawal.
1. Except as otherwise provided in NRS 616D.120, before any action may be taken pursuant to subsection 2, the Commissioner shall arrange an informal meeting with an association of self-insured public or private employers to discuss and seek correction of any conduct which would be grounds for withdrawal of the certificate of the association.
2. Except as otherwise provided in subsection 3 and NRS 616D.120, before the withdrawal of the certificate of any association of self-insured public or private employers, the Commissioner shall give written notice to the association by certified mail that its certificate will be withdrawn 10 days after receipt of the notice unless, within that time, the association corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the Commissioner.
3. The Commissioner may grant additional time, not to exceed an additional 120 days, before the withdrawal of the certificate of an association if:
(a) The grounds for withdrawal of the certificate of the association are based on paragraph (d) of subsection 2 of NRS 616B.428; and
(b) The association is financially sound and capable of fulfilling its commitments.
4. If the association requests a hearing:
(a) The Commissioner shall set a date for a hearing within 20 days after receiving the request and give the association at least 10 business days’ notice of the time and place of the hearing.
(b) A record of the hearing must be kept, but it need not be transcribed unless requested by the association with the cost of transcription to be charged to the association.
(c) Within 5 business days after the hearing, the Commissioner shall either affirm or disaffirm the withdrawal and give the association written notice thereof by certified mail. If withdrawal of certification is affirmed, the withdrawal becomes effective 10 business days after the association receives notice of the affirmance unless within that period the association corrects the conduct which was grounds for the withdrawal or petitions for judicial review of the affirmance.
5. If the withdrawal of certification is affirmed following judicial review, the withdrawal becomes effective 5 days after entry of the final decree of affirmance.
(Added to NRS by 1993, 679; A 1995, 1642, 1984; 1997, 576)