Representation of employee and employer before hearings officer or appeals officer or in negotiations with insurer; licensure of employer’s representative; employer liable for representative’s violations; compensation of employer’s representative must not be contingent on outcome.
1. It is unlawful for any person to represent an employee before a hearings officer, or in any negotiations, settlements, hearings or other meetings with an insurer concerning the employee’s claim or possible claim, unless he is:
(a) Employed full-time by the employee’s labor organization;
(b) Admitted to practice law in this state;
(c) Employed full-time by and under the supervision of an attorney admitted to practice law in this state; or
(d) Appearing without compensation on behalf of the employee.
Ê It is unlawful for any person who is not admitted to practice law in this state to represent the employee before an appeals officer.
2. It is unlawful for any person to represent an employer at hearings of contested cases unless that person is:
(a) Employed full-time by the employer or a trade association to which the employer belongs that is not formed solely to provide representation at hearings of contested cases;
(b) An employer’s representative licensed pursuant to subsection 3 who is not licensed as a third-party administrator;
(c) Admitted to practice law in this state; or
(d) A licensed third-party administrator.
3. The Director of the Department of Administration shall adopt regulations which include the:
(a) Requirements for licensure of employers’ representatives, including:
(1) The registration of each representative; and
(2) The filing of a copy of each written agreement for the compensation of a representative;
(b) Procedure for such licensure; and
(c) Causes for revocation of such a license, including any applicable action listed in NRS 616D.120 or a violation of this section.
4. Any person who is employed by or contracts with an employer to represent the employer at hearings regarding contested claims is an agent of the employer. If the employer’s representative violates any provision of this chapter or chapter 616A, 616B, 616D or 617 of NRS, the employer is liable for any penalty assessed because of that violation.
5. An employer shall not make the compensation of any person representing him contingent in any manner upon the outcome of any contested claim.
6. The Director of the Department of Administration shall collect in advance and deposit with the State Treasurer for credit to the State General Fund the following fees for licensure as an employer’s representative:
(a) Application and license........................................................................................... $78
(b) Triennial renewal of each license............................................................................. 78
Last modified: February 25, 2006