NRS 683A.0851 Healthmaintenance organization authorized to act as administrator of program ofhealth insurance; review of contract; exemption from licensing and bonding.

NRS 683A.0852 Nonprofitcorporation for hospital or medical services authorized to act as administratorof program of health insurance; notice to Commissioner; exemption fromlicensing and bonding.

NRS 683A.08522 Contentsof application for certificate of registration.

NRS 683A.08524 Issuanceof certificate of registration; grounds for refusal to issue certificate ofregistration.

NRS 683A.08526 Renewalof certificate of registration; surrender of suspended or revoked certificateof registration.

NRS 683A.08528 Annualreport: Requirements; review by Commissioner; fee.

NRS 683A.0853 Waiverof requirements for administrators certificate.

NRS 683A.0857 Bond:Requirement; amount; conditions; cancellation.

NRS 683A.086 Agreementwith insurer required; contents of agreement; retention of copy of agreement;trust agreements; regulations specifying permissible functions; termination ofagreement.

NRS 683A.0863 Paymentsto administrator.

NRS 683A.087 Advertising.

NRS 683A.0873 Recordsof administrator: Retention; examination by Commissioner and insurer.

NRS 683A.0877 Fiduciaryaccounts: Deposits; records; withdrawals.

NRS 683A.0879 Approvalor denial of claims; payment of claims and interest; requests for additionalinformation; award of costs and attorneys fees; compliance with requirements.

NRS 683A.088 Paymentof claims by check or draft.

NRS 683A.0883 Basisfor compensation of administrator.

NRS 683A.0887 Disclosureof information to insurer and insured.

NRS 683A.089 Deliveryto insureds of communications of insurer.

NRS 683A.0892 Suspensionor revocation of certificate of registration; additional penalties.

NRS 683A.0893 Penaltyfor acting without certificate of registration.

MANAGING GENERAL AGENTS

NRS 683A.090 Licenserequired; administrative fine.

NRS 683A.140 Licensingof firm or corporation.

NRS 683A.160 Applicationfor license.

PRODUCERS OF INSURANCE

NRS 683A.201 Licenserequired; exemption for insurers; administrative fine.

NRS 683A.211 Personsexempt from licensing.

NRS 683A.221 Employeeof short-term lessor of passenger vehicles exempt from licensing under certaincircumstances.

NRS 683A.231 Licensingof bank.

NRS 683A.241 Examinationfor license: Requirement; contents; regulations; contracts for administration;fee; failure to appear.

NRS 683A.251 Formand prerequisites for approval of application for license; licensing ofbusiness organization; certain applicants to submit fingerprints; report fromFederal Bureau of Investigation; verification of information.

NRS 683A.261 Issuance,effect, renewal, failure to renew, contents and display of license; lines ofauthority; place of business; notice of change of address.

NRS 683A.271 Licensingof nonresident persons; participation by Commissioner in centralized registry.

NRS 683A.281 Nonresidentlicensees: Service of process; agreement to appear.

NRS 683A.291 Licensingof producer previously licensed for same lines of authority in another state;exemption from examination for producer who confines his activity to certaintypes of insurance.

NRS 683A.301 Useof true or fictitious name by applicant for license or licensee.

NRS 683A.311 Temporarylicenses: Authority of Commissioner; expiration.

NRS 683A.321 Appointmentof producer as agent of insurer; fees for agents; activities of producer asbroker.

NRS 683A.325 Commissionsand compensation.

NRS 683A.331 Terminationof appointment, employment or other relationship of producer to insurer; civilimmunity for provision of certain information regarding termination.

NRS 683A.341 Reportsto Commissioner: Administrative action or criminal prosecution againstproducer.

NRS 683A.351 Recordsof transactions: Maintenance; examination by Commissioner; destruction.

NRS 683A.361 Payment,acceptance and assignment of commissions, brokerage, fees for service and othervaluable considerations.

NRS 683A.370 Useand licensing of vending machines to solicit for and issue personal travelaccident insurance policies.

EXTERNAL REVIEW ORGANIZATIONS

NRS 683A.371 Certification;conflicts of interest; annual list.

NRS 683A.373 Submissionof annual list to Office for Consumer Health Assistance.

AGENTS WHO PERFORM UTILIZATION REVIEW

NRS 683A.375 Purposes.

NRS 683A.376 Definitions.

NRS 683A.377 Applicability.

NRS 683A.378 Prerequisitesto conducting utilization review; registration of agent; plan for utilizationreview; agent to report changes.

NRS 683A.379 Penalty.

MISCELLANEOUS PROVISIONS

NRS 683A.383 Paymentof child support: Statement by applicant for certificate of registration orlicense; grounds for denial of certificate of registration or license; duty ofCommissioner. [Expires by limitation on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 683A.385 Suspensionof certificate of registration or license for failure to pay child support orcomply with certain subpoenas or warrants; reinstatement of certificate ofregistration or license. [Expires by limitation on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 683A.400 Moneyreceived and held in fiduciary capacity by producer of insurance, surplus linesbroker, motor club agent or bail agent.

NRS 683A.405 Submissionof schedule of payments to provider of health care by administrator, managinggeneral agent, producer of insurance or certain entities acting asadministrator.

DISCIPLINARY ACTION

NRS 683A.451 Authorityof Commissioner; grounds for action.

NRS 683A.461 Denial,suspension or revocation of license; administrative fines; authority ofCommissioner after surrender or lapse of license or registration.

NRS 683A.480 Returnof license to Commissioner.

NRS 683A.490 Noticeto district attorney of violation; penalty for violation of provision ofchapter.

NRS 683A.500 Insurerprohibited from permitting person whose license has been revoked or suspendedto transact insurance.

NRS 683A.510 Failureof insurer or its authorized agent to report certain information regardingproducer of insurance; report of such information with actual malice.

NRS 683A.520 Failureof producer of insurance or surplus lines broker to remit premiums: Notice;suspension of license.

_________

GENERAL PROVISIONS

NRS 683A.020 Definitions. As used in this Code, unless the context otherwiserequires, the words and terms defined in NRS683A.025 to 683A.078, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1971, 1636; A 1977, 733; 2001, 2201)

NRS 683A.025 Administratordefined.

1. Except as limited by this section, administratormeans a person who:

(a) Directly or indirectly underwrites or collectscharges or premiums from or adjusts or settles claims of residents of thisState or any other state from within this State in connection with workerscompensation insurance, life or health insurance coverage or annuities,including coverage or annuities provided by an employer for his employees;

(b) Administers an internal service fund pursuant to NRS 287.010;

(d) Administers a program of self-insurance for anemployer;

(e) Administers a program which is funded by anemployer and which provides pensions, annuities, health benefits, deathbenefits or other similar benefits for his employees; or

(f) Is an insurance company that is licensed to dobusiness in this State or is acting as an insurer with respect to a policylawfully issued and delivered in a state where the insurer is authorized to dobusiness, if the insurance company performs any act described in paragraphs (a)to (e), inclusive, for or on behalf of another insurer.

2. Administrator does not include:

(a) An employee authorized to act on behalf of anadministrator who holds a certificate of registration from the Commissioner.

(b) An employer acting on behalf of his employees orthe employees of a subsidiary or affiliated concern.

(d) Except as otherwise provided in paragraph (f) ofsubsection 1, an insurance company licensed to do business in this State oracting as an insurer with respect to a policy lawfully issued and delivered ina state in which the insurer was authorized to do business.

(e) A producer of life or health insurance licensed inthis State, when his activities are limited to the sale of insurance.

(f) A creditor acting on behalf of his debtors withrespect to insurance covering a debt between the creditor and debtor.

(g) A trust and its trustees, agents and employeesacting for it, if the trust was established under the provisions of 29 U.S.C. 186.

(h) Except as otherwise provided in paragraph (c) ofsubsection 1, a trust and its trustees, agents and employees acting for it, ifthe trust was established pursuant to NRS287.015.

(i) A trust which is exempt from taxation under section501(a) of the Internal Revenue Code, 26 U.S.C. 501(a), its trustees andemployees, and a custodian, his agents and employees acting under a custodialaccount which meets the requirements of section 401(f) of the Internal RevenueCode, 26 U.S.C. 401(f).

(j) A bank, credit union or other financial institutionwhich is subject to supervision by federal or state banking authorities.

(k) A company which issues credit cards, and whichadvances for and collects premiums or charges from credit card holders who haveauthorized it to do so, if the company does not adjust or settle claims.

(l) An attorney at law who adjusts or settles claims inthe normal course of his practice or employment, but who does not collectcharges or premiums in connection with life or health insurance coverage orwith annuities.

(Added to NRS by 1977, 729; A 1979, 974; 1981, 1324;1985, 479; 1999, 2792;2001, 2201; 2003, 2741)

NRS 683A.031 Businessorganization defined. Business organizationmeans a corporation, association, partnership, limited-liability company,limited-liability partnership or other legal form of organization.

(Added to NRS by 2001, 2191)

NRS 683A.041 Homestate defined. Home state means theDistrict of Columbia or any state or territory of the United States or Canadain which a producer of insurance maintains his principal place of residence orprincipal place of business and is licensed to act as a producer of insurance.

(Added to NRS by 2001, 2191)

NRS 683A.051 Licensedefined. License means a document issued bythe Commissioner authorizing a person to act as a producer of insurance for thelines of authority specified in the document.

(Added to NRS by 2001, 2191)

NRS 683A.060 Managinggeneral agent defined.

1. A managing general agent is a person who:

(a) Negotiates and binds ceding reinsurance contractson behalf of an insurer or manages all or part of the insurance business of aninsurer, including the management of a separate division, department ofunderwriting office; or

(b) Acts as an agent for the insurer and with orwithout the authority, either separately or together with affiliates:

(1) Produces, directly or indirectly, andunderwrites an amount of gross direct written premiums equal to or more than 5percent of the policyholder surplus as reported in the last annual statement ofthe insurer in any one quarter or year; and

(2) Adjusts or pays claims in excess of anamount determined by the Commissioner or negotiates reinsurance on behalf ofthe insurer.

2. A managing general agent includes a person withauthority to appoint and to terminate the appointment of an agent for aninsurer.

3. For the purposes of this chapter, the following arenot managing general agents:

(a) An employee of the insurer;

(b) A manager of the United States branch of an alieninsurer;

(d) An underwriting manager who, pursuant to acontract, manages all or part of the insurance operations of the insurer, isunder common control with the insurer, is subject to the provisions of chapter 692C of NRS and whose compensation isnot based on the volume of premiums written or the profit of the businesswritten.

(Added to NRS by 1971, 1637; A 1991, 2030; 2001, 2202)

NRS 683A.065 Negotiatedefined. Negotiate means to confer directlywith, or offer advice directly to, a purchaser or prospective purchaser of aparticular contract of insurance concerning any of the substantive benefits,terms or conditions of the contract, if the person conferring or offering theadvice sells insurance or obtains insurance from insurers or purchasers.

(Added to NRS by 2001, 2191)

NRS 683A.072 Selldefined. Sell means to exchange a contractof insurance, by any means, for money or its equivalent on behalf of aninsurer.

(Added to NRS by 2001, 2191)

NRS 683A.074 Solicitdefined. Solicit means to attempt to sellinsurance or to ask or urge a person to apply for a particular kind ofinsurance from a particular insurer.

(Added to NRS by 2001, 2191)

NRS 683A.076 Terminatedefined. Terminate means to cancel therelationship between a producer of insurance and the insurer or to terminate aproducers authority to transact insurance.

(Added to NRS by 2001, 2191)

NRS 683A.078 Uniformapplication defined. Uniform applicationmeans the uniform application for licensing of producers of insurance preparedby the National Association of Insurance Commissioners and adopted by the Commissioner.

(Added to NRS by 2001, 2191)

ADMINISTRATORS

NRS 683A.0805 Definitions. As used in NRS683A.0805 to 683A.0893,inclusive, unless the context otherwise requires, the words and terms definedin NRS 683A.081 to 683A.084, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1999, 2789)

NRS 683A.081 Affiliatedefined. Affiliate has the meaning ascribedto it in NRS 692C.030.

(Added to NRS by 1999, 2789)

NRS 683A.082 Controldefined. Control has the meaning ascribed toit in NRS 692C.050.

(Added to NRS by 1999, 2789)

NRS 683A.083 Insurerdefined. Insurer includes, withoutlimitation:

1. An insurance company licensed pursuant to theprovisions of this Code;

2. A prepaid limited health service organization thathas been issued a certificate of authority pursuant to chapter 695F of NRS;

3. A health maintenance organization that has beenissued a certificate of authority pursuant to chapter695C of NRS;

4. A multiple employer welfare arrangement as definedin 29 U.S.C. 1002;

5. An employer for whom a program of self-insurance isadministered by an administrator; and

6. An organization for dental care that has beenissued a certificate of authority pursuant to chapter695D of NRS.

(Added to NRS by 1999, 2789)

NRS 683A.084 Underwritedefined. Underwrite includes, withoutlimitation:

1. Accepting applications for insurance coverage inaccordance with the written rules of an insurer;

2. Planning and coordinating a program of insurance;and

3. Procuring bonds and excess insurance.

(Added to NRS by 1999, 2790)

NRS 683A.085 Certificateof registration required. No person may actas, offer to act as or hold himself out to the public as an administrator,unless he has obtained a certificate of registration as an administrator fromthe Commissioner pursuant to NRS 683A.08524.

(Added to NRS by 1977, 732; A 1981, 1324; 1999, 2793)

NRS 683A.0851 Healthmaintenance organization authorized to act as administrator of program ofhealth insurance; review of contract; exemption from licensing and bonding.

1. A health maintenance organization licensed under chapter 695C of NRS may enter into a contractto act as an administrator of a program of health insurance.

2. Before entering into a contract pursuant tosubsection 1, a health maintenance organization must file a copy of thecontract with the Commissioner for his approval. The Commissioner shalldisapprove the contract if in his opinion it would have a substantial adverseeffect on the financial soundness of the health maintenance organization andendanger its ability to meet its obligations. The Commissioner shall approve ordisapprove the contract within 60 days after the filing.

3. A health maintenance organization that enters intoa contract pursuant to this section is exempt from the provisions of thischapter relating to licensing and bonding of administrators, but is subject toall other provisions of this chapter.

(Added to NRS by 1987, 534)

NRS 683A.0852 Nonprofitcorporation for hospital or medical services authorized to act as administratorof program of health insurance; notice to Commissioner; exemption fromlicensing and bonding.

1. A nonprofit corporation for hospital or medicalservices licensed pursuant to chapter 695Bof NRS may enter into a contract to act as an administrator of a program ofhealth insurance.

2. Before entering into a contract pursuant tosubsection 1, the nonprofit corporation must notify the Commissioner in writingand provide him with a copy of the contract and a summary of the corporationsliabilities and costs under the contract.

3. A nonprofit corporation for hospital or medicalservices that enters into a contract pursuant to this section is exempt fromthe provisions of this chapter relating to licensing and bonding ofadministrators, but is subject to all other provisions of this chapter.

(Added to NRS by 1987, 534)

NRS 683A.08522 Contentsof application for certificate of registration. Eachapplication for a certificate of registration as an administrator must includeor be accompanied by:

1. A financial statement that is certified by anofficer of the applicant and must include:

(a) The amount of money that the applicant expects tocollect from or disburse to residents of this state during the next calendaryear;

(b) Financial information for the 90 days immediatelypreceding the date the application was filed with the Commissioner; and

(c) An income statement and balance sheet for the 2years immediately preceding the application that are prepared in accordancewith generally accepted accounting principles. The submission by the applicantof his consolidated income statement and balance sheet does not constitutecompliance with the provisions of this paragraph.

2. The documents used to create the businessassociation of the administrator, including articles of incorporation, articlesof association, a partnership agreement, a trust agreement and a shareholdersagreement.

3. The documents used to regulate the internal affairsof the administrator, including the bylaws, rules or regulations of theadministrator.

4. A certificate of registration issued pursuant to NRS 600.350 for a trade name or trademarkused by the administrator.

5. An organizational chart that identifies each personwho directly or indirectly controls the administrator and each affiliate of theadministrator.

6. A notarized affidavit from each person who managesor controls the administrator, including each member of the board of directorsor board of trustees, each officer, partner and member of the businessassociation of the administrator, and each shareholder of the administrator whoholds not less than 10 percent of the voting stock of the administrator. Theaffidavit must include:

(a) The personal history, business record and insuranceexperience of the affiant;

(b) Whether the affiant has been investigated by anyregulatory authority or has had any license or certificate denied, suspended orrevoked in any state; and

7. The complete name and address of each office of theadministrator, including offices located outside this state.

8. A statement that sets forth whether theadministrator has:

(a) Held a license or certificate to transact any kindof insurance in this state or any other state and whether that license orcertificate has been refused, suspended or revoked;

(b) Been indebted to any person and, if so, thecircumstances of that debt; and

9. A statement that describes the business plan of theadministrator. The statement must include information:

(a) Concerning the number of persons on the staff ofthe administrator and the activities proposed in this state or in any otherstate.

(b) That demonstrates the capability of theadministrator to provide a sufficient number of experienced and qualifiedpersons for the processing of claims, the keeping of records and, ifapplicable, underwriting.

10. If the applicant intends to solicit new or renewalbusiness, proof that the applicant employs or has contracted with a producer ofinsurance licensed in this state to solicit and take applications. An applicantwho intends to solicit insurance contracts directly or to act as a producermust provide proof that he is licensed as a producer in this state.

(Added to NRS by 1999, 2790; A 2001, 2202)

NRS 683A.08524 Issuanceof certificate of registration; grounds for refusal to issue certificate ofregistration.

1. Except as otherwise provided in subsection 2, theCommissioner shall issue a certificate of registration as an administrator toan applicant who:

(a) Submits an application on a form prescribed by theCommissioner;

(b) Has complied with the provisions of NRS 683A.08522; and

2. The Commissioner may refuse to issue a certificateof registration as an administrator to an applicant if the Commissionerdetermines that the applicant or any person who has completed an affidavitpursuant to subsection 6 of NRS683A.08522:

(a) Is not competent to act as an administrator;

(b) Is not trustworthy or financially responsible;

(d) Has had a license or certificate to transactinsurance denied for cause, suspended or revoked in this state or any otherstate;

(e) Has failed to comply with any provision of thischapter; or

(f) Is financially unsound.

(Added to NRS by 1999, 2792; A 2003, 3289)

NRS 683A.08526 Renewalof certificate of registration; surrender of suspended or revoked certificateof registration.

1. A certificate of registration as an administratoris valid for 3 years after the date the Commissioner issues the certificate tothe administrator.

2. An administrator may renew a certificate ofregistration if he submits to the Commissioner:

(a) An application on a form prescribed by theCommissioner; and

(b) The fee for the renewal of the certificate ofregistration prescribed in NRS 680B.010.

3. A certificate of registration that is suspended orrevoked must be surrendered immediately to the Commissioner.

(Added to NRS by 1999, 2792)

NRS 683A.08528 Annualreport: Requirements; review by Commissioner; fee.

1. Not later than July 1 of each year, each holder ofa certificate of registration as an administrator shall file with theCommissioner an annual report for the most recently completed fiscal year ofthe administrator. Each annual report must be verified by at least two officersof the administrator.

2. Each annual report filed pursuant to this sectionmust include all the following:

(a) Except as otherwise provided in this paragraph, afinancial statement of the administrator that has been audited and prepared byan independent certified public accountant. In lieu of a financial statementthat has been audited and prepared by an independent certified publicaccountant, the administrator may include with the annual report a financialstatement that has been reviewed by an independent certified public accountantif:

(1) The total business assets of theadministrator were less than $100,000 at the end of the most recently completedfiscal year of the administrator; or

(2) The administrator did not have anyagreements to act as an administrator during the most recently completed fiscalyear of the administrator.

(b) The complete name and address of each person, ifany, for whom the administrator agreed to act as an administrator during themost recently completed fiscal year of the administrator.

3. In addition to the information required pursuant tosubsection 2, if an annual report is prepared on a consolidated basis, theannual report must include a columnar or combining worksheet that:

(a) Includes the amounts shown on the consolidatedfinancial statement accompanying the annual report;

(b) Separately sets forth the amounts for each entityincluded in the worksheet; and

4. Each administrator who files an annual reportpursuant to this section shall, at the time of filing the annual report, pay afiling fee in an amount determined by the Commissioner.

5. On or before September 1 of each year, theCommissioner shall, for each administrator, review the annual report that ismost recently filed by the administrator. As soon as practicable afterreviewing the report, the Commissioner shall:

(a) Issue a certificate to the administrator:

(1) Indicating that, based on the annual reportand accompanying financial statement, the administrator has a positive networth and is currently licensed and in good standing in this state; or

(2) Setting forth any deficiency found by theCommissioner in the annual report and accompanying financial statement; or

(b) Submit a statement to any electronic databasemaintained by the National Association of Insurance Commissioners or anyaffiliate or subsidiary of the Association:

(1) Indicating that, based on the annual reportand accompanying financial statement, the administrator has a positive networth and is in compliance with existing law; or

(2) Setting forth any deficiency found by theCommissioner in the annual report and accompanying financial statement.

(Added to NRS by 1999, 2792; A 2003, 3290)

NRS 683A.0853 Waiverof requirements for administrators certificate. TheCommissioner may waive any requirement which he has promulgated for issue of anadministrators certificate to any person or class of persons. In so doing heshall consider, without limitation:

1. Whether the person acting as an administrator isprimarily involved in a business other than that of administrator.

2. Whether the financial strength and history of theorganization to which the applicant belongs, or which is the applicant,indicates stability in its continuity of doing business.

3. Whether the regular duties being performed by anadministrator are such that the persons to be insured are not likely to beinjured by a waiver of requirements.

(Added to NRS by 1977, 732)

NRS 683A.0857 Bond:Requirement; amount; conditions; cancellation.

1. Each administrator shall file with the Commissionera bond with an authorized surety in favor of the State of Nevada, continuous inform and in an amount determined by the Commissioner of not less than $100,000.

2. The Commissioner shall establish schedules for theamount of the bond required, based on the amount of money received anddistributed by an administrator.

3. The bond must inure to the benefit of any persondamaged by any fraudulent act or conduct of the administrator and must beconditioned upon faithful accounting and application of all money coming intothe administrators possession in connection with his activities as anadministrator.

4. The bond remains in force until released by theCommissioner or cancelled by the surety. Without prejudice to any liabilitypreviously incurred, the surety may cancel the bond upon 90 days advancenotice to the administrator and the Commissioner. An administratorscertificate is automatically suspended if he does not file with theCommissioner a replacement bond before the date of cancellation of the previousbond. A replacement bond must meet all requirements of this section for theinitial bond.

(Added to NRS by 1977, 732; A 1985, 480; 1999, 2794)

NRS 683A.086 Agreementwith insurer required; contents of agreement; retention of copy of agreement;trust agreements; regulations specifying permissible functions; termination ofagreement.

1. No person may act as an administrator unless he hasentered into a written agreement with an insurer, and the written agreementcontains provisions to effectuate the requirements contained in NRS 683A.08522 to 683A.08528, inclusive, 683A.087 to 683A.0883, inclusive, and 683A.0892 which apply to the duties ofthe administrator.

2. The written agreement must set forth:

(a) The duties the administrator will be required toperform on behalf of the insurer; and

(b) The lines, classes or types of insurance that theadministrator is authorized to administer on behalf of the insurer.

3. A copy of an agreement entered into under theprovisions of this section must be retained in the records of the administratorand of the insurer for a period of 5 years after the termination of theagreement.

4. When a policy is issued to a trustee or trustees, acopy of the trust agreement and amendments must be obtained by theadministrator and a copy forwarded to the insurer. Each agreement must beretained by the administrator and the insurer for a period of 5 years after thetermination of the policy.

5. The Commissioner may adopt regulations whichspecify the functions an administrator may perform on behalf of an insurer.

6. The insurer or administrator may, upon writtennotice to the other party to the agreement and to the Commissioner, terminatethe written agreement for any cause specified in the agreement. The insurer maysuspend the authority of the administrator while any dispute regarding thecause for termination is pending. The insurer shall perform any obligationswith respect to the policies affected by the agreement regardless of anydispute with the administrator.

(Added to NRS by 1977, 730; A 1985, 480; 1999, 1646, 2794)

NRS 683A.0863 Paymentsto administrator.

1. Payment by or on behalf of an insured to an administratorshall be deemed to have been received by the insurer.

2. Payment to the administrator by the insurer ofreturn premiums or claim settlements shall not be deemed to be payment to theinsured or claimant until the money is received by the insured or claimant.

3. This section does not limit any right of theinsurer against the administrator resulting from a failure to make payments toan insurer, insured or claimant.

(Added to NRS by 1977, 730)

NRS 683A.087 Advertising. An administrator may advertise the insurance which headministers only after he receives the approval of the insurer who underwritesthe business involved.

(Added to NRS by 1977, 731; A 1999, 2795)

NRS 683A.0873 Recordsof administrator: Retention; examination by Commissioner and insurer.

1. Each administrator shall maintain at his principaloffice adequate books and records of all transactions between himself, theinsurer and the insured. The books and records must be maintained in accordancewith prudent standards of recordkeeping for insurance and with regulations ofthe Commissioner for a period of 5 years after the transaction to which theyrespectively relate. After the 5-year period, the administrator may remove thebooks and records from the State, store their contents on microfilm or returnthem to the appropriate insurer.

2. The Commissioner may examine, audit and inspectbooks and records maintained by an administrator under the provisions of thissection to carry out the provisions of NRS679B.230 to 679B.300, inclusive.

3. The names and addresses of insured persons and anyother material which is in the books and records of an administrator areconfidential except when used in proceedings against the administrator.

4. The insurer may inspect and examine all books andrecords to the extent necessary to fulfill all contractual obligations toinsured persons, subject to restrictions in the written agreement between theinsurer and administrator.

(Added to NRS by 1977, 730; A 1983, 462; 1999, 2795)

NRS 683A.0877 Fiduciaryaccounts: Deposits; records; withdrawals.

1. All insurance charges and premiums collected by anadministrator on behalf of an insurer and return premiums received from aninsurer are held by the administrator in a fiduciary capacity.

2. Money must be remitted within 15 days to the personor persons entitled to it, or be deposited within 15 days in one or morefiduciary accounts established and maintained by the administrator in a bank,credit union or other financial institution in this state. The fiduciaryaccounts must be separate from the personal or business accounts of theadministrator.

3. If charges or premiums deposited in an account havebeen collected for or on behalf of more than one insurer, the administratorshall cause the bank, credit union or other financial institution where thefiduciary account is maintained to record clearly the deposits and withdrawalsfrom the account on behalf of each insurer.

4. The administrator shall promptly obtain and keepcopies of the records of each fiduciary account and shall furnish any insurerwith copies of the records which pertain to him upon demand of the insurer.

5. The administrator shall not pay any claim bywithdrawing money from his fiduciary account in which premiums or charges aredeposited.

6. Withdrawals must be made as provided in theagreement between the insurer and the administrator for:

(a) Remittance to the insurer.

(b) Deposit in an account maintained in the name of theinsurer.

(d) Payment to a group policyholder for remittance tothe insurer entitled to the money.

(e) Payment to the administrator of his commission,fees or charges.

(f) Remittance of return premiums to persons entitledto them.

7. The administrator shall maintain copies of allrecords relating to deposits or withdrawals and, upon the request of aninsurer, provide the insurer with copies of those records.

(Added to NRS by 1977, 731; A 1999, 1549, 2795)

NRS 683A.0879 Approvalor denial of claims; payment of claims and interest; requests for additionalinformation; award of costs and attorneys fees; compliance with requirements.

1. Except as otherwise provided in subsection 2, anadministrator shall approve or deny a claim relating to health insurancecoverage within 30 days after the administrator receives the claim. If theclaim is approved, the administrator shall pay the claim within 30 days afterit is approved. Except as otherwise provided in this section, if the approvedclaim is not paid within that period, the administrator shall pay interest onthe claim at a rate of interest equal to the prime rate at the largest bank inNevada, as ascertained by the Commissioner of Financial Institutions, on January1 or July 1, as the case may be, immediately preceding the date on which thepayment was due, plus 6 percent. The interest must be calculated from 30 daysafter the date on which the claim is approved until the date on which the claimis paid.

2. If the administrator requires additionalinformation to determine whether to approve or deny the claim, he shall notifythe claimant of his request for the additional information within 20 days afterhe receives the claim. The administrator shall notify the provider of healthcare of all the specific reasons for the delay in approving or denying theclaim. The administrator shall approve or deny the claim within 30 days afterreceiving the additional information. If the claim is approved, the administratorshall pay the claim within 30 days after he receives the additional information.If the approved claim is not paid within that period, the administrator shallpay interest on the claim in the manner prescribed in subsection 1.

3. An administrator shall not request a claimant toresubmit information that the claimant has already provided to theadministrator, unless the administrator provides a legitimate reason for therequest and the purpose of the request is not to delay the payment of theclaim, harass the claimant or discourage the filing of claims.

4. An administrator shall not pay only part of a claimthat has been approved and is fully payable.

5. A court shall award costs and reasonable attorneysfees to the prevailing party in an action brought pursuant to this section.

6. The payment of interest provided for in thissection for the late payment of an approved claim may be waived only if thepayment was delayed because of an act of God or another cause beyond thecontrol of the administrator.

7. The Commissioner may require an administrator toprovide evidence which demonstrates that the administrator has substantiallycomplied with the requirements set forth in this section, including, withoutlimitation, payment within 30 days of at least 95 percent of approved claims orat least 90 percent of the total dollar amount for approved claims.

8. If the Commissioner determines that anadministrator is not in substantial compliance with the requirements set forthin this section, the Commissioner may require the administrator to pay anadministrative fine in an amount to be determined by the Commissioner. Upon asecond or subsequent determination that an administrator is not in substantialcompliance with the requirements set forth in this section, the Commissionermay suspend or revoke the certificate of registration of the administrator.

(Added to NRS by 1999, 1646; A 2001, 2728; 2003, 3350)

NRS 683A.088 Paymentof claims by check or draft. Each claim paidby the administrator from money collected for or on behalf of an insurer mustbe paid by a check or draft upon and as authorized by the insurer.

(Added to NRS by 1977, 731; A 1999, 2796)

NRS 683A.0883 Basisfor compensation of administrator.

1. The compensation paid to an administrator for hisservices may be based upon premiums or charges collected, on number of claimspaid or processed or on any other basis agreed upon by the administrator andthe insurer, except as provided in subsection 2.

2. Compensation paid to an administrator may not bebased upon or contingent upon:

(a) The claim experience of the policies that hehandles; or

(b) The savings realized by the administrator byadjusting, settling or paying the losses covered by an insurer.

(Added to NRS by 1977, 731; A 1999, 2796)

NRS 683A.0887 Disclosureof information to insurer and insured.

1. Each administrator shall advise each insured, bymeans of a written notice approved by the insurer, of the identity of andrelationship among the insurer, administrator and insured.

2. An administrator who seeks to collect premiums orcharges shall clearly set forth in writing to the insured the amount of premiumor charge set by the insurer for the insurance coverage and the reason for thecollection of the premium or charge. Each charge must be set forth separatelyfrom the premium.

3. The administrator shall disclose to an insurer, inwriting, all charges, fees and commissions the administrator receives inconnection with the provision of administrative services for the insurer,including, without limitation, the fees and commissions paid by insurersproviding reinsurance or excess of loss insurance.

(Added to NRS by 1977, 732; A 1999, 2796)

NRS 683A.089 Deliveryto insureds of communications of insurer. Theadministrator shall deliver or cause to be delivered to insured persons anywritten communications of an insurer which are given to the administrator fordelivery.

(Added to NRS by 1977, 733)

NRS 683A.0892 Suspensionor revocation of certificate of registration; additional penalties.

1. The Commissioner:

(a) Shall suspend or revoke the certificate ofregistration of an administrator if the Commissioner has determined, afternotice and a hearing, that the administrator:

(1) Is in an unsound financial condition;

(2) Uses methods or practices in the conduct ofhis business that are hazardous or injurious to insured persons or members ofthe general public; or

(3) Has failed to pay any judgment against himin this state within 60 days after the judgment became final.

(b) May suspend or revoke the certificate ofregistration of an administrator if the Commissioner determines, after noticeand a hearing, that the administrator:

(1) Has willfully violated or failed to complywith any provision of this Code, any regulation adopted pursuant to this Codeor any order of the Commissioner;

(2) Has refused to be examined by theCommissioner or has refused to produce accounts, records or files forexamination upon the request of the Commissioner;

(3) Has, without just cause, refused to payclaims or perform services pursuant to his contracts or has, without justcause, caused persons to accept less than the amount of money owed to them pursuantto the contracts, or has caused persons to employ an attorney or bring a civilaction against him to receive full payment or settlement of claims;

(4) Is affiliated with, managed by or owned byanother administrator or an insurer who transacts insurance in this statewithout a certificate of authority or certificate of registration;

(5) Fails to comply with any of the requirementsfor a certificate of registration;

(6) Has been convicted of or has entered a pleaof guilty or nolo contendere to a felony, whether or not adjudication waswithheld;

(7) Has had his authority to act as anadministrator in another state limited, suspended or revoked; or

(8) Has failed to file an annual report inaccordance with NRS 683A.08528.

(c) May suspend or revoke the certificate ofregistration of an administrator if the Commissioner determines, after noticeand a hearing, that a responsible person:

(1) Has refused to provide any informationrelating to the administrators affairs or refused to perform any other legalobligation relating to an examination upon request by the Commissioner; or

(2) Has been convicted of or has entered a pleaof guilty or nolo contendere to a felony committed on or after October 1, 2003,whether or not adjudication was withheld.

(d) May, upon notice to the administrator, suspend thecertificate of registration of the administrator pending a hearing if:

(1) The administrator is impaired or insolvent;

(2) A proceeding for receivership,conservatorship or rehabilitation has been commenced against the administratorin any state; or

(3) The financial condition or the businesspractices of the administrator represent an imminent threat to the publichealth, safety or welfare of the residents of this state.

(e) May, in addition to or in lieu of the suspension orrevocation of the certificate of registration of the administrator, impose afine of $2,000 for each act or violation.

2. As used in this section, responsible person meansany person who is responsible for or controls or is authorized to control oradvise the affairs of an administrator, including, without limitation:

(a) A member of the board of directors, board oftrustees, executive committee or other governing board or committee of theadministrator;

(b) The president, vice president, chief executiveofficer, chief operating officer or any other principal officer of anadministrator, if the administrator is a corporation;

(c) A partner or member of the administrator, if theadministrator is a partnership, association or limited-liability company; and

(d) Any shareholder or member of the administrator whodirectly or indirectly holds 10 percent or more of the voting stock, votingsecurities or voting interest of the administrator.

(Added to NRS by 1999, 2790; A 2003, 3291)

NRS 683A.0893 Penaltyfor acting without certificate of registration. Anyperson who acts as an administrator without having applied for and receivedfrom the Commissioner a certificate of registration as an administrator shallbe fined not less than $300 nor more than $2,000.

(Added to NRS by 1977, 733)

MANAGING GENERAL AGENTS

NRS 683A.090 Licenserequired; administrative fine.

1. A managing general agent, whether or not located inthis state, shall not be or act as such with respect to the business of an insurerin this state unless licensed as such under this Code.

2. A person who acts as a managing general agent inthis state without a license may be assessed an administrative fine of not morethan $1,000 for each violation.

(Added to NRS by 1971, 1637; A 1997, 3024; 2001, 2203)

NRS 683A.140 Licensingof firm or corporation.

1. A firm or corporation may be licensed as a managinggeneral agent.

2. A resident firm or corporation which has more thanone office in this state is a single licensee for the purposes of beingappointed by insurers and the authority of natural persons to act for the firmor corporation. Such a firm or corporation must obtain a copy of its license foreach location, but only must obtain one original license as a managing generalagent.

3. For licensing as a managing general agent, eachgeneral partner and each natural person to act for the firm, or each naturalperson to act for the corporation, must be named in the license and mustqualify as an individual licensee. A natural person who is authorized to actfor a firm or corporation and who also wishes to be licensed in an individualcapacity must obtain a separate license in his own name. The Commissioner shallcharge appropriate fees for each person who is licensed to act for a firm or corporationand who is named on the license.

4. The licensee shall promptly notify the Commissionerof all changes among its members, directors and officers, and among otherpersons named in the license. The licensee shall provide to the Commissionerupon request information concerning officers or owners of the firm orcorporation who are not named in the license.

(Added to NRS by 1971, 1639; A 1981, 488; 1983, 915;1985, 481; 2001, 2204)

NRS 683A.160 Applicationfor license. Each applicant for a license as amanaging general agent must submit with his application:

1. A complete set of his fingerprints which theCommissioner may forward to the Central Repository for Nevada Records ofCriminal History for submission to the Federal Bureau of Investigation for itsreport;

2. The appointment of the applicant as a managinggeneral agent by each insurer or underwriter department to be so represented;and

3. The application and license fee specified in NRS 680B.010.

(Added to NRS by 1971, 1641; A 2003, 2867)

PRODUCERS OF INSURANCE

NRS 683A.201 Licenserequired; exemption for insurers; administrative fine.

1. A person shall not sell, solicit or negotiateinsurance in this state for any class of insurance unless he is licensed forthat class of insurance.

2. An insurer is exempt from the requirement forlicensure as a producer of insurance, but this exemption does not extend to aninsurers officers, directors, employees, subsidiaries or affiliates who sell,solicit or negotiate insurance.

3. A person required to be licensed in this state whotransacts insurance without a license is subject to an administrative fine ofnot more that $1,000 for each violation.

(Added to NRS by 2001, 2191; A 2003, 3292)

NRS 683A.211 Personsexempt from licensing. The following personsneed not be licensed as producers of insurance:

1. An officer, director or employee of an insurer orof a producer of insurance if the officer, director or employee does notreceive any commission on policies written or sold to insure risks residing,located or to be performed in this state and:

(a) The officer, director or employees activities areexecutive, administrative, managerial or clerical, or a combination thereof,and are only indirectly related to the sale, solicitation or negotiation ofinsurance;

(b) The officer, director or employees functionrelates to underwriting, control of losses, inspection or the processing,adjusting, investigating or settling of claims on contracts of insurance; or

(c) The officer, director or employee is acting in thecapacity of a special agent or supervisor of an agency assisting producers ofinsurance where his activities are limited to providing technical advice andassistance to licensed producers and do not include sale, solicitation ornegotiation of insurance.

2. A person who secures and furnishes information forthe purpose of group life insurance, group property and casualty insurance,group annuities, or group or blanket accident and health insurance, or for thepurpose of enrolling natural persons under plans, issuing certificates underplans or otherwise assisting in administering plans, or who performsadministrative services related to mass marketed property and casualty insurance,if no commission is paid to him for the service and he does not sell, solicitor negotiate insurance. As used in this subsection, blanket accident andhealth insurance has the meaning ascribed to it in NRS 689B.070.

3. An employer or association or its officers,directors or employees, or the trustees of an employees trust plan, to theextent that the employer, association, officers, directors, employees ortrustees are engaged in the administration or operation of a program ofemployees benefits for the employers or associations own employees or theemployees of its subsidiaries or affiliates, if the program involves the use ofinsurance issued by an insurer and the employer, association, officers, directors,employees or trustees are not compensated by the insurer issuing the contracts.

4. Employees of insurers or organizations employed byinsurers who are engaged in the inspection, rating or classification of risksor in the supervision of the training of producers of insurance and are notindividually engaged in the sale, solicitation or negotiation of insurance.

5. A person whose activities in this state are limitedto advertising, without the intent to solicit insurance in this state, throughcommunications in printed publications or electronic mass media whosedistribution is not limited to residents of this state, if he does not sell,solicit or negotiate insurance of risks residing, located or to be performed inthis state.

6. A salaried full-time employee who counsels oradvises his employer concerning the interests of the employer, or of thesubsidiaries or affiliates of the employer, in insurance, if the employee doesnot sell or solicit insurance or receive a commission.

7. An employee of a producer of insurance or aninsurer who responds to requests from holders of policies previously issued, ifthe employee is not directly compensated according to the volume of premiumsthat may result from those services and does not solicit insurance or offeradvice concerning terms or conditions of policies.

(Added to NRS by 2001, 2191; A 2003, 3292)

NRS 683A.221 Employeeof short-term lessor of passenger vehicles exempt from licensing under certaincircumstances. If a short-term lessor of passengervehicles licensed pursuant to NRS 482.363holds a limited license as a producer of insurance issued pursuant to NRS 683A.271, an employee of theshort-term lessor may engage in the solicitation and sale of insurancerequested by a lessee pursuant to NRS482.3158 without a license issued pursuant to this chapter if thesolicitation and sale of such insurance is done on behalf of, and under thesupervision of, the short-term lessor.

(Added to NRS by 1999, 820; A 2001, 2204)(Substitutedin revision for NRS 683A.105)

NRS 683A.231 Licensingof bank.

1. For thepurposes of this section:

(a) Affiliate means a person that directly, orindirectly through one or more intermediaries, is controlled by, or is undercommon control with, a bank.

(b) Bank means any institution that accepts depositsthat the depositor has a legal right to withdraw on demand.

(c) Financial holding company means a bank holdingcompany as defined in section 4(l)(2) of the Bank Holding Company Act of 1956,12 U.S.C. 1841(l)(1).

(d) Parent means a person that owns or controls abank, directly or indirectly, in whole or in part.

(e) Subsidiary means a person owned or controlled bya bank, directly or indirectly, in whole or in part.

2. A bank may be licensed as a producer of insurancein this state:

(a) To the extent permitted by Title V of Public Law106-102, 15 U.S.C. 6801 et seq.; and

(b) For credit insurance, as defined in NRS 690A.015, and credit property insurance.

3. A bank must not be licensed or admitted as aninsurer.

4. The provisions of subsection 3 do not prohibit thelicensing by the Commissioner of an affiliate, financial holding company,parent or subsidiary of a bank to sell insurance or be admitted as an insurer.

(Added to NRS by 1971, 1638; A 1987, 2285; 1993,2281; 1995, 1614; 1997, 782; 2001, 2204)(Substitutedin revision for NRS 683A.110)

NRS 683A.241 Examinationfor license: Requirement; contents; regulations; contracts for administration;fee; failure to appear.

1. A resident natural person applying for a license asa producer of insurance must pass a written examination unless exempt under NRS 683A.291. The examination must testhis knowledge concerning the lines of authority for which application is made,the duties and responsibilities of a producer and the laws and regulations ofthis state relating to insurance. The Commissioner shall adopt regulations fordeveloping and conducting examinations required by this section.

2. The Commissioner may contract with a person outsidethe Division for administering examinations, processing applications,collecting fees and performing any other functions he considers appropriate.

3. Each natural person applying for an examination shallpay a nonrefundable fee in an amount prescribed by the Commissioner to defraythe cost of processing the application and administering the examination.

4. An applicant who fails to appear for theexamination as scheduled or fails to pass the examination must reapply forexamination and pay the required fee in order to be scheduled for anotherexamination.

(Added to NRS by 2001, 2192)

1. The Commissioner shall prescribe the form ofapplication by a natural person for a license as a resident producer ofinsurance. The applicant must declare, under penalty of refusal to issue, orsuspension or revocation of, the license, that the statements made in theapplication are true, correct and complete to the best of his knowledge andbelief. Before approving the application, the Commissioner must find that theapplicant has:

(a) Attained the age of 18 years;

(b) Not committed any act that is a ground for refusalto issue, or suspension or revocation of, a license;

(c) Completed a course of study for the lines ofauthority for which the application is made, unless the applicant is exemptfrom this requirement;

(d) Paid the fee prescribed for the license and a feeestablished by the Commissioner of not more than $15 for deposit in theInsurance Recovery Account, neither of which may be refunded; and

(e) Successfully passed the examinations for the linesof authority for which application is made, unless the applicant is exempt fromthis requirement.

2. A business organization must be licensed as aproducer of insurance in order to act as such. Application must be made on aform prescribed by the Commissioner. Before approving the application, theCommissioner must find that the applicant has:

(a) Paid the fee prescribed for the license and a feeestablished by the Commissioner of not more than $15 for deposit in theInsurance Recovery Account, neither of which may be refunded; and

(b) Designated a natural person who is licensed as aproducer of insurance and who is affiliated with the business organization tobe responsible for the organizations compliance with the laws and regulationsof this State relating to insurance.

3. A natural person who is a resident of this Stateapplying for a license must furnish a complete set of his fingerprints whichthe Commissioner may forward to the Central Repository for Nevada Records of CriminalHistory for submission to the Federal Bureau of Investigation for its report.The Commissioner shall adopt regulations concerning the procedures forobtaining this information.

4. The Commissioner may require any documentreasonably necessary to verify information contained in an application.

(Added to NRS by 2001, 2193; A 2003, 3293; 2005, 2122)

NRS 683A.261 Issuance,effect, renewal, failure to renew, contents and display of license; lines ofauthority; place of business; notice of change of address.

1. Unless the Commissioner refuses to issue thelicense under NRS 683A.451, he shallissue a license as a producer of insurance to a person who has satisfied therequirements of NRS 683A.241 and 683A.251. A producer of insurance mayqualify for a license in one or more of the lines of authority permitted bystatute or regulation, including:

(a) Life insurance on human lives, which includesbenefits from endowments and annuities and may include additional benefits fromdeath by accident and benefits for dismemberment by accident and fordisability.

(b) Health insurance for sickness, bodily injury oraccidental death, which may include benefits for disability.

(d) Casualty insurance against legal liability,including liability for death, injury or disability and damage to real orpersonal property.

(e) Surety indemnifying financial institutions orproviding bonds for fidelity, performance of contracts or financial guaranty.

(f) Variable annuities and variable life insurance,including coverage reflecting the results of a separate investment account.

(g) Credit insurance, including life, disability,property, unemployment, involuntary unemployment, mortgage life, mortgageguaranty, mortgage disability, guaranteed protection of assets, and any otherform of insurance offered in connection with an extension of credit that islimited to wholly or partially extinguishing the obligation which theCommissioner determines should be considered as limited-line credit insurance.

(h) Personal lines, consisting of automobile andmotorcycle insurance and residential property insurance, including coverage forflood, of personal watercraft and of excess liability, written over one or moreunderlying policies of automobile or residential property insurance.

(i) Fixed annuities as a limited line.

(j) Travel and baggage as a limited line.

(k) Rental car agency as a limited line.

2. A license as a producer of insurance remains ineffect unless revoked, suspended or otherwise terminated if a request for arenewal is submitted on or before the date for the renewal specified on thelicense, the fee for renewal and a fee established by the Commissioner of notmore than $15 for deposit in the Insurance Recovery Account are paid for eachlicense and each affiliation with a business organization licensed pursuant tosubsection 2 of NRS 683A.251, and anyrequirement for education or any other requirement to renew the license issatisfied by the date specified on the license for the renewal. A producer ofinsurance may submit a request for a renewal of his license within 30 daysafter the date specified on the license for the renewal if the producer ofinsurance otherwise complies with the provisions of this subsection and pays,in addition to any fee paid pursuant to this subsection, a penalty of 50percent of the renewal fee. A license as a producer of insurance expires if theCommissioner receives a request for a renewal of the license more than 30 daysafter the date specified on the license for the renewal. A fee paid pursuant tothis subsection is nonrefundable.

3. A natural person who allows his license as aproducer of insurance to expire may reapply for the same license within 12months after the date specified on the license for a renewal without passing awritten examination or completing a course of study required by paragraph (c)of subsection 1 of NRS 683A.251, but apenalty of twice the renewal fee is required for any request for a renewal ofthe license that is received after the date specified on the license for therenewal.

4. A licensed producer of insurance who is unable torenew his license because of military service, extended medical disability orother extenuating circumstance may request a waiver of the time limit and ofany fine or sanction otherwise required or imposed because of the failure torenew.

5. A license must state the licensees name, address,personal identification number, the date of issuance, the lines of authorityand the date of expiration and must contain any other information theCommissioner considers necessary. A resident producer of insurance shallmaintain a place of business in this State which is accessible to the publicand where he principally conducts transactions under his license. The place ofbusiness may be in his residence. The license must be conspicuously displayedin an area of the place of business which is open to the public.

6. A licensee shall inform the Commissioner of eachchange of location from which he conducts business as a producer of insuranceand each change of business or residence address, in writing or by other meansacceptable to the Commissioner, within 30 days after the change. If a licenseechanges the location from which he conducts business as a producer of insuranceor his business or residence address without giving written notice and theCommissioner is unable to locate the licensee after diligent effort, he mayrevoke the license without a hearing. The mailing of a letter by certifiedmail, return receipt requested, addressed to the licensee at his last mailingaddress appearing on the records of the Division, and the return of the letterundelivered, constitutes a diligent effort by the Commissioner.

(Added to NRS by 2001, 2193; A 2003, 3294; 2005, 2122)

NRS 683A.271 Licensingof nonresident persons; participation by Commissioner in centralized registry.

1. Unless the Commissioner refuses to issue thelicense under NRS 683A.451, the Commissionershall issue a license as a producer of insurance to a nonresident person if:

(a) He is currently licensed as a resident and in goodstanding in his home state;

(b) He has made the proper request for licensure andpaid the fee prescribed for the license and a fee established by theCommissioner of not more than $15 for deposit in the Insurance RecoveryAccount;

(c) He has sent to the Commissioner the application forlicensure that he made in his home state, or a completed uniform application; and

(d) His home state issues nonresident licenses asproducers of insurance to residents of this State pursuant to substantially thesame procedure.

2. The Commissioner may participate with the NationalAssociation of Insurance Commissioners or a subsidiary in a centralizedregistry in which licensing and appointment of producers of insurance may beeffected for all states that require licensing and participate in the registry.If he finds that participation is in the public interest, he may adopt by regulationany uniform standards and procedures necessary for participation, includingcentral collection of fees for licensing and appointment that are handledthrough the registry.

3. A nonresident producer who moves from one state toanother state shall file a change of address and certification from his newstate of residence within 30 days after his change of legal residence. No feeor application for license is required.

4. A nonresident licensed as a producer for surpluslines in his home state must be issued a nonresident license of that kind inthis State pursuant to subsection 1, subject in all other respects to chapter 685A of NRS. A nonresident licensed asa producer for limited lines in his home state is entitled to a nonresidentlicense of that kind in this State pursuant to subsection 1, granting the samescope of authority as the license issued in the home state. As used in thissubsection, insurance for limited lines is authority granted by the home statewhich is restricted to less than the total authority prescribed for theassociated major lines pursuant to NRS683A.261.

(Added to NRS by 2001, 2195; A 2005, 2124)

NRS 683A.281 Nonresidentlicensees: Service of process; agreement to appear.

1. Every nonresident licensed by this state as aproducer of insurance shall appoint the Commissioner in writing as his attorneyupon whom may be served all legal process issued in connection with any actionor proceeding brought or pending in this state against or involving thelicensee and relating to transactions under his Nevada license. The appointmentis irrevocable and continues in force for so long as any such action orproceeding may arise or exist. Duplicate copies of process must be served uponthe Commissioner or other person in apparent charge of the Division during theCommissioners absence, accompanied by payment of the fee for service ofprocess. Upon such service the Commissioner shall promptly forward a copy ofthe process by certified mail with return receipt requested to the nonresidentlicensee at his business address last of record with the Division. Processserved and the copy thereof forwarded as provided in this subsectionconstitutes for all purposes personal service thereof upon the licensee.

2. Every such licensee shall likewise file with theCommissioner his written agreement to appear before the Commissioner pursuantto notice of hearing, show cause order or subpoena issued by the Commissionerand deposited, postage paid, by certified mail with the United States PostalService, addressed to the licensee at his address last of record in theDivision, and that upon failure of the licensee so to appear the licenseethereby consents to any subsequent suspension, revocation or refusal of theCommissioner to continue the licensees license.

(Added to NRS by 1971, 1651; A 1987, 735; 1991, 1625;1993, 1914; 2001,2206)(Substituted in revision for NRS 683A.350)

NRS 683A.291 Licensingof producer previously licensed for same lines of authority in another state;exemption from examination for producer who confines his activity to certaintypes of insurance.

1. An applicant for licensing in this state as aproducer of insurance who was previously licensed for the same lines ofauthority in another state need not complete any education or examination if heis currently licensed in that state or, if the application is received within90 days after the cancellation of his license, the other state certifies thathe was in good standing at the time of cancellation. Alternatively, theexemption is available if the records of the National Association of InsuranceCommissioners show that the applicant is or was licensed and in good standingfor the lines of authority requested.

2. An examination is not required for a producer ofinsurance who confines his activity to insurance categorized as limited line,credit, travel, baggage or fixed annuity, or covering vehicles leased for ashort term.

3. A person licensed in another state who moves tothis state and desires to become licensed as a resident producer of insurancewith the benefit of the exemption provided in subsection 1 must apply forlicensing within 90 days after establishing legal residence.

(Added to NRS by 2001, 2195)

NRS 683A.301 Useof true or fictitious name by applicant for license or licensee.

1. An applicant for a license as a producer ofinsurance or a licensee who desires to use a name other than his true name asshown on the license shall submit a request for approval of the name and filewith the Commissioner a certified copy of the certificate or any renewalcertificate filed pursuant to chapter 602 ofNRS. An incorporated applicant or licensee shall file with the Commissioner adocument showing the corporations true name and all fictitious names underwhich it conducts or intends to conduct business. A licensee shall filepromptly with the Commissioner a written notice of any change in ordiscontinuance of the use of a fictitious name.

2. The Commissioner may disapprove in writing the useof a true name, other than the true name of a natural person who is theapplicant or licensee, or a fictitious name of any applicant or licensee, onany of the following grounds:

(a) The name interferes with or is deceptively similarto a name already filed and in use by another licensee.

(b) Use of the name may mislead the public in anyrespect.

(c) The name states or implies that the applicant orlicensee is an insurer, motor club or hospital service plan or is entitled toengage in activities related to insurance not permitted under the licenseapplied for or held.

(d) The name states or implies that the licensee is anunderwriter, but:

(1) A natural person licensed as an agent orbroker for life insurance may describe himself as an underwriter or charteredlife underwriter if entitled to do so;

(2) A natural person licensed for property andcasualty insurance may use the designation chartered property and casualtyunderwriter if entitled thereto; and

(3) An insurance agent or brokers tradeassociation may use a name containing the word underwriter.

(e) The licensee submits a request to use more than onefictitious name at a single business location.

3. A licensee shall not use a name after writtennotice from the Commissioner indicates that its use violates the provisions ofthis section. If the Commissioner determines that the use is justified bymitigating circumstances, he may permit, in writing, the use of the name tocontinue for a specified reasonable period upon conditions imposed by him forthe protection of the public consistent with this section.

4. Paragraphs (a), (c) and (d) of subsection 2 do notapply to the true name of an organization which on July 1, 1965, held underthat name a type of license similar to those governed by this chapter, or to afictitious name used on July 1, 1965, by a natural person or organizationholding such a license, if the fictitious name was filed with the Commissioneron or before July 1, 1965.

(Added to NRS by 2001, 2196; A 2003, 156, 3296)

NRS 683A.311 Temporarylicenses: Authority of Commissioner; expiration.

1. The Commissioner may issue a temporary license as aproducer of insurance to any of the following for 180 days or less withoutrequiring an examination if he believes that the temporary license is necessaryto carry on the business of insurance:

(a) The surviving spouse, personal representative orguardian of a licensed producer who dies or becomes incompetent, to allowadequate time for the sale of the business, the recovery or return of theproducer, or the training and licensing of new personnel to operate thebusiness;

(b) A member or employee of a business organizationlicensed as a producer, upon the death or disability of the natural persondesignated in its application or license;

(d) A person in any other circumstance where theCommissioner believes that the public interest will be best served by issuingthe license.

2. The Commissioner may limit by order the authorityof a temporary licensee as he believes necessary to protect persons insured andthe public. He may require the temporary licensee to have a suitable sponsorwho is licensed as a producer of insurance or authorized as an insurer and whoassumes responsibility for all acts of the temporary licensee, and may imposesimilar requirements to protect persons insured and the public. TheCommissioner may revoke a temporary license by order if the interests ofpersons insured or the public are endangered. A temporary license expires whenthe owner or his personal representative or guardian disposes of the business.

(Added to NRS by 2001, 2196)

NRS 683A.321 Appointmentof producer as agent of insurer; fees for agents; activities of producer asbroker.

1. A producer of insurance shall not act as an agentunless he is appointed as an agent by the insurer. A producer who is not actingas an agent is a broker who does not need to be appointed.

2. To appoint a producer of insurance as its agent, aninsurer must file, in a form approved by the Commissioner, a notice ofappointment within 15 days after the contract is executed or the firstapplication for insurance is submitted. An insurer may appoint a producer toact as agent for all or some insurers within its holding company or group byfiling a single notice of appointment. A notice of appointment may includeseveral agents.

3. Upon receipt of a notice of appointment, theCommissioner shall determine within 30 days whether the producer of insuranceis eligible for appointment. If he is not, the Commissioner shall so notify theinsurer within 5 days after the determination is made.

4. An insurer shall pay an appointment fee and remitan annual renewal fee for each producer of insurance appointed as its agent. Apayment or remittance may include fees for several agents.

5. A broker shall not place insurance, other than lifeinsurance, health insurance, annuity contracts or coverage written pursuant tothe Surplus Lines Law set forth in chapter 685Aof NRS, that covers property or risks within this state unless the broker doesso with a licensed agent of an authorized insurer.

6. A producer who is acting as an agent may also actas and be a broker with regard to insurers for which he is not acting as anagent. The sole relationship between an insurer and a broker who is appointedas an agent by the insurer as to any transactions arising during the period inwhich he is appointed as an agent is that of insurer and agent, and not insurerand broker.

7. As used in this section:

(a) Agent means a producer of insurance who iscompensated by the insurer and sells, solicits or negotiates insurance for theinsurer.

(b) Broker means a producer of insurance who:

(1) Is not an agent of an insurer;

(2) Solicits, negotiates or procures insuranceon behalf of an insured or prospective insured; and

(3) Does not have the power, by his own actionsas a broker, to obligate an insurer upon any risk or with reference to anytransaction of insurance.

(Added to NRS by 2001, 2199)

NRS 683A.325 Commissionsand compensation.

1. A producer of insurance who is appointed as anagent may pay a commission or compensation for or on account of the selling,soliciting, procuring or negotiating of insurance in this State only to a licensedand appointed producer of insurance of the insurer with whom insurance wasplaced or to a licensed producer acting as a broker.

2. A licensee shall not accept any commission orcompensation to which he is not entitled pursuant to the provisions of thistitle.

(Added to NRS by 2005, 2121)

NRS 683A.331 Terminationof appointment, employment or other relationship of producer to insurer; civilimmunity for provision of certain information regarding termination.

1. An insurer or its authorized representative whoterminates the appointment, employment or other relationship of a producer ofinsurance to the insurer for any reason shall notify the Commissioner within 30days after the effective date of the termination, in a form prescribed by theCommissioner. The insurer shall provide additional information or documents ifso requested in writing by the Commissioner.

2. If the reason for termination is an activity describedin NRS 683A.451 as a cause fordisciplinary action or the insurer knows that the producer has been found tohave engaged in such an activity by a court, governmental agency or self-regulatoryorganization authorized by law, the insurer or its authorized representativeshall notify the Commissioner, in a form acceptable to the Commissioner, ifupon further review or investigation the insurer discovers additionalinformation that would have been reportable originally to the Commissioner ifthe insurer had then known it.

3. Within 15 days after notifying the Commissionerunder subsection 1 or 2, the insurer shall mail a copy of the notification tothe producer of insurance at his last known address. If the termination was foran activity described in subsection 2, the copy must be sent by certified mail,return receipt requested, or by overnight delivery using a nationallyrecognized carrier.

4. Within 30 days after the producer has received theoriginal or additional notification, he may file written comments concerningthe substance of the notification with the Commissioner. The producer shallsend a copy of the comments, by the same means and at the same time, to thereporting insurer. The comments become a part of the Commissioners file andmust accompany every copy of the underlying report that is distributed ordisclosed by the Commissioner.

5. In the absence of actual malice, an insurer, itsauthorized representative, a producer of insurance, the Commissioner, and anyorganization of which the Commissioner is a member which compiles informationand makes it available to other commissioners of insurance or to regulatory orlaw enforcement agencies are not subject to civil liability, and no cause ofaction arises against any of them or their respective agents or employees, as aresult of any statement or information required by or provided pursuant to thissection or any statement by a terminating insurer or a producer to another insureror producer limited to whether a termination for a cause described insubsection 2 was reported to the Commissioner, if in the latter case thepropriety of termination for that cause is certified in writing by an officeror authorized representative of the insurer or by the producer.

6. In an action brought against a person who may haveimmunity under subsection 5 for making a statement or providing informationrequired by this section or requested by the Commissioner under this section,the plaintiff must plead specifically that subsection 5 does not apply becausethe person making the statement or providing the information did so with actualmalice.

7. Subsections 5 and 6 do not abrogate or modify anyother privilege or immunity under statute or the common law.

(Added to NRS by 2001, 2199)

NRS 683A.341 Reportsto Commissioner: Administrative action or criminal prosecution againstproducer. A producer of insurance shall reportto the Commissioner:

1. Any administrative action taken against him inanother jurisdiction or by another governmental agency in this state, within 30days after the final disposition of the matter. The report must include a copyof the complaint filed, the order issued and any other relevant legaldocuments.

2. Any criminal prosecution against him in anyjurisdiction, within 30 days after the initial pretrial hearing. The reportmust include a copy of the complaint filed, the order as a result of thepretrial hearing and other relevant legal documents.

(Added to NRS by 2001, 2200)

NRS 683A.351 Recordsof transactions: Maintenance; examination by Commissioner; destruction.

1. Every producer of insurance shall keep completerecords of transactions under his license. The records must show, for eachinsurance policy placed or countersigned by or through the licensee, not lessthan the names of the insurer and insured, the number and expiration date of,and premium payable as to, the policy or contract, the names of all otherpersons from whom business is accepted or to whom commissions are promised orpaid, all premiums collected, and such additional information as theCommissioner may reasonably require.

2. The records must be open to examination of theCommissioner at all times, and the Commissioner may at any time require thelicensee to furnish to him, in such a manner or form as he requires, any informationkept or required to be kept in those records. The records may be kept in anelectronic format if, using the electronic format, the records are retained inaccordance with this section.

3. Records of a particular policy or contract may bedestroyed 3 years after expiration of the policy or contract.

(Added to NRS by 1971, 1653; A 1977, 218; 1985, 484;1993, 2388; 2001,2208; 2003, 3297)

NRS 683A.361 Payment,acceptance and assignment of commissions, brokerage, fees for service and othervaluable considerations.

1. An insurer or a producer of insurance shall not paya commission, brokerage, fee for service or other valuable consideration to aperson for selling, soliciting or negotiating insurance in this State if hisactivities require him to be licensed under this title and he is not solicensed.

2. A person shall not accept a commission, brokerage,fee for service or other valuable consideration for selling, soliciting ornegotiating insurance in this State if his activities require him to belicensed under this title and he is not so licensed.

3. Commissions for renewal and other deferredcommissions may be paid to a person whose activities required him to belicensed under this title at the time of the sale, solicitation or negotiationand he was so licensed at that time.

4. An insurer or producer of insurance may pay orassign commissions, brokerage, fees for service or other valuableconsiderations to a person who does not sell, solicit or negotiate insurance inthis State unless the payment would violate the provisions of NRS 686A.110 or 686A.120.

5. An insurer shall not pay a commission, directly orindirectly, to a producer of insurance for selling, soliciting or negotiatinginsurance in this State unless the producer of insurance is appointed as anagent of the insurer as provided in NRS683A.321. This subsection does not apply to a broker for reinsurance or tobusiness placed pursuant to subsection 3, NRS683A.325 or 685A.155, or contractsentered into pursuant to NRS 693A.110which are approved by the Commissioner.

6. A producer of insurance shall not accept acommission from an insurer for selling, soliciting or negotiating insurance inthis State unless he is appointed as an agent of the insurer as provided in NRS 683A.321. This subsection does notapply to a broker for reinsurance or to business placed pursuant to subsection3, NRS 683A.325 or 685A.155, or contracts entered intopursuant to NRS 693A.110 which areapproved by the Commissioner.

7. As used in this section, broker for reinsurancehas the meaning ascribed to it in NRS681A.280.

(Added to NRS by 2001, 2198; A 2005, 2125)

NRS 683A.370 Useand licensing of vending machines to solicit for and issue personal travelaccident insurance policies.

1. A licensed producer of insurance or insurer maysolicit for and issue personal travel accident insurance policies by means ofmechanical vending machines supervised by the producer and placed at airportsand similar places of convenience to the traveling public, if the Commissionerfinds that:

(a) The policy provides reasonable coverage andbenefits, is suitable for sale and issuance by vending machine, and that use ofsuch a machine in a proposed location would be of material convenience to thepublic;

(b) The type of machine proposed to be used isreasonably suitable for the purpose;

(d) Reasonable means are provided for the refund ofmoney inserted in defective machines and for which insurance so paid for is notreceived; and

(e) The cost of maintaining such a machine at aparticular location is reasonable in amount.

2. For each machine to be used, the Commissioner shallissue to the producer upon his application a special vending machine license.The license is subject to annual continuation, to expiration, suspension orrevocation coincidentally with that of the producer. The Commissioner shallalso revoke the license of any machine as to which he finds that the licensequalifications no longer exist. Proof of the existence of a subsisting licensemust be displayed on or about each machine in use in such manner as theCommissioner reasonably requires.

(Added to NRS by 1971, 1652; A 2001, 2206)

EXTERNAL REVIEW ORGANIZATIONS

NRS 683A.371 Certification;conflicts of interest; annual list.

1. An external review organization shall not conductan external review of a final adverse determination pursuant to NRS 695G.241 to 695G.310, inclusive, unless the externalreview organization is certified in accordance with regulations adopted by theCommissioner. The regulations must include, without limitation, provisionssetting forth:

(a) The manner in which an external review organizationmay apply for a certificate and the requirements for the issuance and renewalof the certificate pursuant to this section;

(b) The grounds for which the Commissioner may refuseto issue, suspend, revoke or refuse to renew a certificate issued pursuant tothis section; and

2. A certificate issued pursuant to this sectionexpires 1 year after it is issued and may be renewed in accordance withregulations adopted by the Commissioner.

3. Except as otherwise provided in subsection 6,before the Commissioner may certify an external review organization, theexternal review organization must:

(a) Demonstrate to the satisfaction of the Commissionerthat it is able to carry out, in a timely manner, the duties of an externalreview organization set forth in this section and NRS 695G.241 to 695G.310, inclusive. The demonstrationmust include, without limitation, proof that the external review organizationemploys, contracts with or otherwise retains only persons who are qualifiedbecause of their education, training, professional licensing and experience toperform the duties assigned to those persons; and

(b) Provide assurances satisfactory to the Commissionerthat the external review organization will:

(1) Conduct its external review activities inaccordance with the provisions of this section and NRS 695G.241 to 695G.310, inclusive;

(2) Provide its determinations in a clear,consistent, thorough and timely manner; and

(3) Avoid conflicts of interest.

4. For the purposes of this section, an externalreview organization has a conflict of interest if the external revieworganization or any employee, agent or contractor of the external review organizationwho conducts an external review has a material professional, familial orfinancial interest in any person who has a substantial interest in the outcomeof the external review, including, without limitation:

(a) The insured;

(b) The insurer or any officer, director or managementemployee of the insurer;

(c) The provider of health care services that areprovided or proposed to be provided, his partner or any other member of hismedical group or practice;

(d) The hospital or other licensed health care facilitywhere the health care service or treatment that is subject to external reviewhas been or will be provided; or

(e) A developer, manufacturer or other person who has asubstantial interest in the principal procedure, equipment, drug, device orother instrumentality that is the subject of the external review.

5. The Commissioner shall not certify an externalreview organization that is affiliated with:

(a) A health care plan; or

(b) A national, state or local trade association.

6. An external review organization that is certifiedor accredited by an accrediting body that is nationally recognized shall bedeemed to have satisfied all the conditions and qualifications required forcertification pursuant to this section.

7. The Commissioner may charge and collect a fee forissuing or renewing a certificate of an external review organization pursuantto this section. The fee must not exceed the cost of issuing or renewing thecertificate.

8. The Commissioner shall annually prepare and makeavailable to the general public a list that includes the name of each externalreview organization which is issued a certificate or whose certificate isrenewed pursuant to this section during the year immediately preceding the yearin which the Commissioner prepares the list.

9. As used in this section:

(a) Adverse determination has the meaning ascribed toit in NRS 695G.012.

(b) External review organization has the meaningascribed to it in NRS 695G.018.

(c) Provider of health care means any physician orother person who is licensed in this State or is licensed, certified orotherwise authorized by any other state to provide any health care service.

(Added to NRS by 2003, 772)

NRS 683A.373 Submissionof annual list to Office for Consumer Health Assistance. As soon as practicable after preparing an annual list ofexternal review organizations pursuant to subsection 8 of NRS 683A.371, the Commissioner shallsubmit a copy of the list to the Office for Consumer Health Assistance. If achange occurs in the list, the Commissioner shall notify the Office forConsumer Health Assistance of the change.

(Added to NRS by 2003, 774)

AGENTS WHO PERFORM UTILIZATION REVIEW

NRS 683A.375 Purposes. The purposes of NRS683A.375 to 683A.379, inclusive,are to:

1. Promote the delivery of health care of high qualityin a manner that limits the cost of such care; and

2. Foster greater cooperation between providers ofhealth care and agents who perform utilization review.

(Added to NRS by 1991, 802)

NRS 683A.376 Definitions. As used in NRS683A.375 to 683A.379, inclusive:

1. Agent who performs utilization review includesany person who performs such review except a person acting on behalf of theFederal Government, but only to the extent that the person provides the servicefor the Federal Government or an agency thereof.

2. Insured means a natural person who has contractedfor or participates in coverage under a policy of insurance, a contract with ahealth maintenance organization, a plan for hospital, medical or dentalservices or any other program providing payment, reimbursement orindemnification for the costs of health care for himself, his dependents, orboth.

3. Utilization review means a system that provides,at a minimum, for review of the necessity and appropriateness of the allocationof health care resources and services provided or proposed to be provided to aninsured or to any person claiming benefits against a policy of the insured. Theterm does not include responding to requests made by an insured forclarification of his coverage.

(Added to NRS by 1991, 802; A 2001, 2207)

NRS 683A.377 Applicability. The provisions of NRS683A.375 to 683A.379, inclusive,do not apply to:

1. An authorized insurer;

2. A fraternal benefit society that is certifiedpursuant to chapter 695A of NRS;

3. A nonprofit corporation for hospital, medical ordental services that is certified pursuant to chapter695B of NRS;

4. A health maintenance organization that is certifiedpursuant to chapter 695C of NRS; or

5. An organization for dental care that is certifiedpursuant to chapter 695D of NRS,

whichperforms its own utilization review. This section does not limit the applicabilityof NRS 683A.375 to 683A.379, inclusive, to affiliates andsubsidiaries of such entities or to contracts between such entities andindependent agents who perform utilization review.

(Added to NRS by 1991, 802)

NRS 683A.378 Prerequisitesto conducting utilization review; registration of agent; plan for utilizationreview; agent to report changes.

1. A person shall not conduct utilization reviewunless he is:

(a) Registered with the Commissioner as an agent whoperforms utilization review and has a medical director who is a physician or,in the case of an agent who reviews dental services, a dentist, licensed in anystate; or

(b) Employed by a registered agent who performsutilization review.

2. A person may apply for registration by filing withthe Commissioner a $250 fee and the following information on a form provided bythe Commissioner:

(a) The applicants name, address, telephone number andnormal business hours;

(b) The name and telephone number of a person theCommissioner may contact for information concerning the applicant;

(c) The name of the medical director of the applicantand the state in which he is licensed to practice medicine or dentistry; and

(d) A summary of the plan for utilization review,including procedures for appealing determinations made through utilizationreview.

3. An agent who performs utilization review shall filewith the Commissioner any material changes in the information provided pursuantto subsection 1 within 30 days after the change occurs.

4. The Commissioner shall not evaluate the plansubmitted pursuant to paragraph (d) of subsection 2. The Commissioner shallmake the plan available upon request and shall charge a reasonable fee forproviding a copy of the plan.

5. Registration pursuant to this section must berenewed on or before March 1 of each year by providing the informationspecified in subsection 2 and paying a renewal fee of $250.

(Added to NRS by 1991, 802)

NRS 683A.379 Penalty. A person who violates any provision of NRS 683A.375 to 683A.378, inclusive, shall be punished bya fine of not more than $1,000.

(Added to NRS by 1991, 803)

MISCELLANEOUS PROVISIONS

NRS 683A.383 Paymentof child support: Statement by applicant for certificate of registration or license;grounds for denial of certificate of registration or license; duty ofCommissioner. [Expires by limitation on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. A natural person who applies for the issuance orrenewal of a certificate of registration as an administrator or a license as aproducer of insurance or managing general agent shall submit to theCommissioner the statement prescribed by the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Commissioner shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certificate of registration orlicense; or

(b) A separate form prescribed by the Commissioner.

3. A certificate of registration as an administratoror a license as a producer of insurance or managing general agent may not beissued or renewed by the Commissioner if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Commissioner shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2186; A 2001, 2207)

1. If the Commissioner receives a copy of a courtorder issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a certificateof registration as an administrator or a license as a producer of insurance ormanaging general agent, the Commissioner shall suspend the certificate ofregistration or license issued to that person at the end of the 30th day afterthe date on which the court order was issued unless the Commissioner receives aletter issued to the holder of the certificate of registration or license bythe district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thecertificate of registration or license has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Commissioner shall reinstate a certificate ofregistration as an administrator or a license as a producer of insurance ormanaging general agent that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificateof registration or license was suspended stating that the person whosecertificate of registration or license was suspended has complied with thesubpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2187; A 2001, 2208)

NRS 683A.387 Applicationfor certificate of registration or license to include social security number ofapplicant. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.] Theapplication of a natural person who applies for the issuance of a certificateof registration as an administrator or a license as a producer of insurance ormanaging general agent must include the social security number of theapplicant.

(Added to NRS by 1997, 2188; A 2001, 2208)

NRS 683A.400 Moneyreceived and held in fiduciary capacity by producer of insurance, surplus linesbroker, motor club agent or bail agent.

1. All money of others received by any person in anyway licensed or acting as a producer of insurance, surplus lines broker, motorclub agent or bail agent under any insurance policy or undertaking of bail isreceived and held by him in a fiduciary capacity. Any such person who divertsor appropriates such fiduciary money to his own use is guilty of embezzlement.

2. Each such person who does not make immediate remittanceof the money to the insurer or other person entitled thereto, shall elect andfollow with respect to money received for the account of a particular insureror person either of the following methods:

(a) Remit received premiums, less applicable commissions,if any, and return premiums to the insurer or other person entitled theretowithin 15 days after receipt; or

(b) Establish and maintain in a commercial bank, creditunion or other established financial institution depositary in this state one ormore accounts, separate from accounts holding his general personal, firm orcorporate money, and forthwith deposit and retain in the accounts pendingtransmittal to the insurer or other person entitled thereto, all such premiums,net of applicable commissions, if any, and return premiums. Money belonging tomore than one principal may be so deposited and held in the same such accountif the amount so held for each principal is readily ascertainable from therecords of the depositor. The depositor may commingle with such fiduciary moneyin a particular account such additional money as he may deem prudent to advancepremiums, establish reserves for the payment of return commissions, or forother contingencies arising in his business of receiving and transmittingpremiums or return premiums.

3. Such a person may commingle with his own money toan unlimited amount money of a particular principal if the principal in writingin advance has specifically waived the segregation requirements of subsection2.

4. Any commingling of money with money of any suchperson permitted under this section does not alter the fiduciary capacity ofthat person with respect to the money of others.

(Added to NRS by 1971, 1653; A 1997, 3378; 1999, 1550; 2001, 2209)

NRS 683A.405 Submissionof schedule of payments to provider of health care by administrator, managinggeneral agent, producer of insurance or certain entities acting asadministrator. If an administrator, managinggeneral agent or producer of insurance, or a health maintenance organizationwhen acting as an administrator pursuant to NRS 683A.0851 or a nonprofit corporationfor hospital or medical services when acting as an administrator pursuant to NRS 683A.0852, contracts with a providerof health care to provide health care to an insured pursuant to this chapter,the administrator, managing general agent, producer of insurance, healthmaintenance organization or nonprofit corporation for hospital or medicalservices shall:

1. If requested by the provider of health care at thetime the contract is made, submit to the provider of health care a copy of theschedule of payments applicable to the provider of health care; or

2. If requested by the provider of health care at anyother time, submit to the provider of health care the schedule of paymentsspecified in subsection 1 within 7 days after receiving the request.

(Added to NRS by 2003, 3350)

DISCIPLINARY ACTION

NRS 683A.451 Authorityof Commissioner; grounds for action. TheCommissioner may refuse to issue a license or certificate pursuant to thischapter or may place any person to whom a license or certificate is issuedpursuant to this chapter on probation, suspend him for not more than 12 months,or revoke or refuse to renew his license or certificate, or may impose anadministrative fine or take any combination of the foregoing actions, for oneor more of the following causes:

1. Providing incorrect, misleading, incomplete orpartially untrue information in his application for a license.

2. Violating a law regulating insurance, or violatinga regulation, order or subpoena of the Commissioner or an equivalent officer ofanother state.

3. Obtaining or attempting to obtain a license throughmisrepresentation or fraud.

4. Misappropriating, converting or improperlywithholding money or property received in the course of the business ofinsurance.

5. Intentionally misrepresenting the terms of anactual or proposed contract of or application for insurance.

6. Conviction of a felony.

7. Admitting or being found to have committed anunfair trade practice or fraud.

8. Using fraudulent, coercive or dishonest practices,or demonstrated incompetence, untrustworthiness or financial irresponsibilityin the conduct of business in this State or elsewhere.

9. Denial, suspension or revocation of a license as aproducer of insurance, or its equivalent, in any other state, territory orprovince.

10. Forging anothers name to an application forinsurance or any other document relating to the transaction of insurance.

11. Improperly using notes or other reference materialto complete an examination for a license related to insurance.

12. Knowingly accepting business related to insurancefrom an unlicensed person.

13. Failing to comply with an administrative orjudicial order imposing an obligation of child support.

14. Failing to pay a tax as required pursuant to theprovisions of chapter 363A of NRS.

(Added to NRS by 2001, 2197; A 2005, 1784)

NRS 683A.461 Denial,suspension or revocation of license; administrative fines; authority ofCommissioner after surrender or lapse of license or registration.

1. If the Commissioner denies an application for, orrefuses to renew, a license, he shall notify the applicant or licensee andstate in writing the reason for the denial or refusal. The applicant orlicensee may apply in writing, pursuant to NRS679B.310, for a hearing before the Commissioner to determine thereasonableness of the denial or refusal. The hearing must be held within 30days and conducted pursuant to NRS679B.330. The applicant or licensee may waive the requirement to hold thehearing within 30 days, in writing, before a hearing is held.

2. The Commissioner may suspend, revoke or refuse torenew the license of a business organization if he finds, after hearing, that aviolation by a natural person was known or should have been known by one ormore of the partners, officers or managers acting on behalf of theorganization, the violation was not reported to the Commissioner and nocorrective action was taken.

3. In addition to or in lieu of a denial, suspensionor revocation of, or refusal to renew, a license, an administrative fine of notless than $25 nor more than $500 may be imposed for each violation or act. Anorder imposing a fine must specify the date, not less than 15 days nor morethan 30 days after the date of the order, before which the fine must be paid.If the fine is not paid when due, the Commissioner shall immediately revoke thelicense of a licensee and the fine must be recovered in a civil action broughton behalf of the Commissioner by the Attorney General. The Commissioner shallimmediately deposit all such fines collected with the State Treasurer forcredit to the State General Fund.

4. The Commissioner retains the authority to enforcethe provisions of, and impose any penalty or pursue any remedy authorized by,this title against any person who is under investigation for or charged with aviolation of a provision of this title even if his license or registration hasbeen surrendered or has lapsed by operation of law.

5. A licensee must pay all applicable fees, includingrenewal fees, and maintain any required education during a period of suspensionof his license.

(Added to NRS by 2001, 2198)

NRS 683A.480 Returnof license to Commissioner.

1. All licenses issued under this Code, althoughissued and delivered to the licensee or his employer, shall at all times be theproperty of the State of Nevada. Upon any expiration, termination, suspensionor revocation of the license, the licensee or other person having possession orcustody of the license shall forthwith deliver it to the Commissioner.

2. As to any license lost, stolen or destroyed whilein the possession of any such licensee or person, the Commissioner may acceptin lieu of the return of the license, the affidavit of the licensee or otherperson responsible for or involved in the safekeeping of the license,concerning the facts of such loss, theft or destruction.

(Added to NRS by 1971, 1657)

NRS 683A.490 Noticeto district attorney of violation; penalty for violation of provision ofchapter.

1. The Commissioner may inform the appropriatedistrict attorney of any violation of any provision of this chapter.

2. In addition to any other penalty provided in thischapter any person violating any provision of this chapter is guilty of amisdemeanor.

(Added to NRS by 1971, 1658)

NRS 683A.500 Insurerprohibited from permitting person whose license has been revoked or suspendedto transact insurance. A person licensed totransact insurance in this state shall not knowingly permit any other personwhose license to transact insurance in this state has been revoked or suspendedto transact insurance or in any manner participate in the transaction ofinsurance in this state.

(Added to NRS by 1997, 3024)

NRS 683A.510 Failureof insurer or its authorized agent to report certain information regardingproducer of insurance; report of such information with actual malice. An insurer or its authorized representative who fails toreport as required by NRS 683A.331 oris found by a court of competent jurisdiction to have reported with actualmalice is subject to the suspension or revocation of its license, after noticeand hearing, and may be further punished by a fine under NRS 679A.180.

(Added to NRS by 2001, 2200)

NRS 683A.520 Failureof producer of insurance or surplus lines broker to remit premiums: Notice;suspension of license.

1. If within 30 days after the contractual due date ofany premium received by him, a producer of insurance or surplus lines brokerfails to remit the premium to the insurer or agency to whom it is owing, theinsurer or agency, as the case may be, shall promptly report the failure to theCommissioner in writing.

2. The Commissioner may suspend the licenses of theproducer or surplus lines broker so failing to remit, until the remittance hasbeen made or the insurer or agency has filed with the Commissioner a release ofthe indebtedness satisfactory to the Commissioner.

3. The applicable procedures provided for in NRS 683A.461 apply to suspensions oflicense under this section.

4. If the Commissioner, by the admission of theproducer or surplus lines broker, or by examination of the records of theproducer or surplus lines broker, determines that the charged failure to remitis true, he may suspend the license without hearing.

(Added to NRS by 1971, 1654; A 2001, 2209)(Substitutedin revision for NRS 683A.410)

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