NAC616C.2825. Information required for appeal of a final determination.

     1. Except as otherwise provided in subsection 3, if a hearing officer receives an appeal of a final determination of an insurer that does not include, if applicable, a copy of the letter of the determination being appealed or, if such a copy is unavailable, the date of the determination and the issues stated in the determination, the hearing officer shall notify the claimant in writing that the claimant must, within 15 days after the date on which the hearing officer sends the notification, provide to the hearing officer:

     (a) A copy of the letter of determination;

     (b) If the letter of determination is unavailable, the date of the determination and the issues stated in the determination; or

     (c) Proof that a letter of determination had been requested from the insurer or third-party administrator by the claimant.

Ê If the hearing officer does not receive such documentation by the date specified in the notice sent pursuant to this subsection, the hearing officer shall dismiss the appeal without prejudice in a written order for failure to pursue the appeal.

     2. A claimant who submits proof that a letter of determination had been requested from the insurer or third-party administrator by the claimant pursuant to subsection 1 may request the hearing officer to issue an order requiring the insurer or third-party administrator to provide a copy of the letter of determination to the hearing officer within 10 days after the date of the order.

     3. The provisions of this section do not apply for an appeal of a failure to respond to a request.

     (Added to NAC by Hearings Div. by R184-07, eff. 9-29-2008)