NAC616D.345. Failure to provide and secure compensation: Imposition and amount of administrative fine.

     1. If the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 does not prosecute an employer for failing to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS or any regulation adopted pursuant thereto, the Administrator will:

     (a) For a failure to provide and secure compensation for a period of 90 days or less, impose an administrative fine not to exceed $1,000.

     (b) For a failure to provide and secure compensation for a period of more than 90 days, but not more than 1 year, impose an administrative fine in an amount not to exceed $5,000.

     (c) For a failure to provide and secure compensation for a period of more than 1 year, impose an administrative fine not to exceed $15,000.

     2. In determining the amount of the administrative fines pursuant to subsection 1, the Administrator will consider whether:

     (a) The employer is a small employer; and

     (b) The failure to provide and secure compensation was the result of:

          (1) An error of a private carrier or other third party;

          (2) An unintentional error of the employer; or

          (3) An intentional violation by the employer.

     3. If the employer is a small employer and the failure to provide and secure compensation was not the result of an intentional violation by the employer, the Administrator may reduce the administrative fine imposed pursuant to this section by not more than 50 percent of the fine.

     4. As used in this section, “small employer” means an employer which employs less than 150 full-time or part-time employees.

     (Added to NAC by Div. of Industrial Relations by R168-97, eff. 1-30-98; A by R105-00, 1-18-2001, eff. 3-1-2001; R007-06, 6-1-2006)