NAC439.844. Denial of request for hearing; request for dismissal.

     1. The Department will deny a request for a hearing received pursuant to NAC 439.842 if:

     (a) The sole issue being contested is an issue that may only be resolved by amending the provisions of NRS 439.635 to 439.690, inclusive;

     (b) The sole issue being contested is that the Department denied an application for a subsidy, discontinued paying a subsidy or reduced the amount of a subsidy, if that action by the Department was based only upon the limits of the money available from the amount allocated for subsidies by the Department;

     (c) The sole issue being contested is an issue that relates to a determination of the coverage of a policy of health insurance under which an enrollee is covered and the enrollee has failed to complete a process for resolving disputes established by the contractor; or

     (d) The request is not received by the Department within the limit on time set forth in NAC 439.842.

     2. If a person who filed a request for a hearing wishes to have the hearing dismissed, the person must submit a written request for the dismissal of the hearing, signed by him or her, to the hearing officer before the date of the hearing. Upon receipt of the request for dismissal, the hearing officer shall dismiss the hearing and notify the person requesting the dismissal and the Department of the dismissal.

     (Added to NAC by Dep’t of Human Resources by R069-00, eff. 3-2-2001; A by R143-01, 12-17-2001; R200-03, 9-17-2004)