NAC612.650. Petition for modification of assessment: Security; hearing request.  


Latest version.
  •      1. At the time of filing a petition for the readjustment of an assessment, the employer filing the petition shall furnish the Division with a security or bond in an amount equal to the amount of assessed contributions, plus forfeit and accrued interest, if any. The security or bonds must be payable to the State of Nevada for the use of the Fund, and state that the employer will pay to the Fund such sums for contributions, forfeit or interest as may be determined by the Administrator to be due to the Fund from the employer.

         2. Security or bonds furnished in accordance with subsection 1 may be furnished by a surety company qualified to execute bonds and undertakings within Carson City, Nevada, or by two or more sureties. Sureties must accompany the obligation with an affidavit that they are each worth the sums specified over and above all their debts and liabilities exclusive of property exempt from execution. The deposit of an equivalent amount of money will be accepted by the Administrator in lieu of written bonds or obligations.

         3. If security or bonds filed or deposited in accordance with subsection 2 are insufficient or if the sureties are not qualified, new security or bonds may be filed or deposited within a time to be fixed by the Administrator in each case. Failure to file sufficient security when ordered in accordance with this subsection is cause for denial of the right to a hearing on the petition.

         4. If, by verified petition, the employer requests a hearing, the hearing will be held at a time to be arranged between the Administrator and the petitioner, but in any event not later than 30 days after the date of filing the petition.

         5. The employer may appear at any hearing and may be represented by any attorney admitted to practice before the Supreme Court of the State of Nevada. The Division may be represented by legal counsel. The Division will present its proof in chief, following which the petitioner may present his or her proof. The Division has the right to present further proof by way of rebuttal.

         6. If an employer files a petition for the modification of an assessment which does not request a hearing, the Administrator will proceed to render a decision upon any information furnished to him or her. The Administrator may consider the notice of levy of assessment and any other supporting documents which may be offered by the Division, the verified petition filed by the employer and any supporting documents which the employer may file at that time.

     [Employm’t Security Dep’t, No. 8 §§ I, II & IV, eff. 3-29-55]