Nac: Chapter 612 - Unemployment Compensation

Link to law: http://www.leg.state.nv.us/nac/NAC-612.html
Published: 2015

[Rev. 1/2/2015 3:29:58 PM]

 

This is a new chapter of NAC for

which regulations have been adopted but have not been codified; you can view

the following regulations for this chapter on the Nevada Register of

Administrative Regulations: R084-14, R139-14

[NAC-612 Revised Date: 9-14]

CHAPTER 612 - UNEMPLOYMENT COMPENSATION

GENERAL PROVISIONS

612.010            Definitions.

612.014            “Severable and distinct portion of

the organization, trade or business” defined.

612.016            “Week” defined.

612.017            Authorized agents of claimants.

ADMINISTRATION

612.020            Required records.

612.030            Reports.

612.040            Application for identification

number.

612.050            Social security account number

required.

612.053            Determination of substantially

common ownership, management or control of business entities.

612.056            Release of information; fee.

BENEFITS

612.060            Wages paid.

612.070            Value of payment other than cash.

612.080            Subsistence payments.

612.090            Determination of period of

unemployment.

612.094            Eligibility of certain persons

without registering for work.

CLAIMS FOR BENEFITS

612.100            Types of claims.

612.110            Effective date of initial claim;

filing of continued claim; appeal of denial of claim; affidavit of identity.

612.120            Employing units: Notification of

claims, determinations and rulings; reports of relevant facts; protest of

payment of benefits; relief from charging of benefits.

612.130            Employing units: Address for notice

of determinations and rulings and related correspondence; designation of

representative.

612.160            Employing unit: Required

signatures.

612.170            Registration and application for

work.

612.190            Approval of training by

Administrator; duties of trainee.

612.222            Request for hearing before appeal

tribunal.

612.225            Notice of hearing; subpoenas;

issues.

612.228            Responsibilities of examiner;

exclusion of disorderly persons.

612.232            Postponement, continuance or

rescheduling of hearing.

612.235            Decision: Notice of right to

appeal; alteration; issuance by different examiner.

612.238            Request for appeal.

612.242            Board of Review: Procedures.

612.245            Board of Review: Decision.

612.248            Board of Review: Reconsideration.

612.252            Confidentiality of proceedings.

CONTRIBUTIONS

612.254            Interpretation of certain statutory

terms.

612.256            Use of common paymaster prohibited.

612.258            Payrolling prohibited.

612.260            Contributions by employers.

612.265            Reimbursement of Fund in lieu of

contributions by former employer.

612.270            Schedule of rates of contribution.

612.280            Transfers of experience record:

Conditions for mandatory or voluntary transfer; partial transfer.

612.290            Transfers of experience record:

Effects of and restriction on completion; protest and appeal of determination

of Division.

RECIPROCAL ARRANGEMENTS

612.310            Definitions.

612.320            “Base period” and “benefit year”

defined.

612.330            “Combined wage claim” defined.

612.340            “Combined wage claimant” defined.

612.350            “Employment” defined.

612.360            “Paying state” defined.

612.370            “State agency” defined.

612.380            “Transferring state” defined.

612.390            “Wages” defined.

612.400            Election to file claim.

612.410            Responsibilities of paying state.

612.420            Responsibilities of transferring

state.

612.430            Reuse of employment and wages;

disagreements between states.

ELECTIONS BY EMPLOYERS TO COVER WORKERS IN SEVERAL STATES

612.440            Definitions.

612.450            Applicability.

612.460            Filing; approval or disapproval;

withdrawal.

612.470            Effective period; notices and

reports.

INTERSTATE CLAIMANTS

612.480            Definitions.

612.490            “Agent state” defined.

612.500            “Benefits” defined.

612.510            “Interstate Benefit Payment Plan”

defined.

612.520            “Interstate claimant” defined.

612.530            “Liable state” defined.

612.540            “Week of unemployment” defined.

612.550            Scope.

612.560            Registration for work; benefit

rights.

612.570            Filing of claims for benefits.

612.580            Determination of claims; appeals.

UNEMPLOYMENT COMPENSATION BOND FUND

612.590            Definitions.

612.593            “Baseline bond interest and

expenses contribution rate” defined.

612.595            “Baseline bond principal

contribution rate” defined.

612.597            “Interest coverage ratio” defined.

612.600            “Principal coverage ratio” defined.

612.603            “Reserve ratio” defined.

612.605            “Taxable wages” defined.

612.607            Issuance of bonds by State Board of

Finance: Notice to Administrator by State Treasurer; calculation of rates for

special bond contributions.

612.610            Payment of special bond

contributions; application of money received.

612.613            Determination of baseline bond

principal contribution rate.

612.615            Determination of baseline bond

interest and expenses contribution rate.

612.617            Assignment of employer to one of

four tiers.

612.620            Determination of bond principal

contribution rate for employers assigned to Tiers 1, 2, 3 and 4.

612.623            Determination of bond interest and

expenses contribution rate for employers assigned to Tiers 1, 2, 3 and 4.

612.625            Assessment and determination by

Administrator of supplemental special bond contributions; notice to employers;

due date.

COLLECTION OF CONTRIBUTIONS

612.650            Petition for modification of

assessment: Security; hearing request.

612.660            Petition for modification of

assessment: Procedure for hearings.

START-UP BUSINESSES FOR VETERANS AND SENIOR CITIZENS

General Provisions

612.665            Definitions.

612.667            “Program” defined.

612.669            “Start-up business” defined.

612.671            “Veteran” defined.

 

Program to Disburse Grants to Nonprofit Private Entities

612.673            Establishment of program.

612.675            Qualifications required to receive

grants.

612.677            Application for grants.

612.679            Conditions for approval of loans.

612.681            Appeal for denial of application

for loan.

612.683            Repayment of loan; forgiveness of

outstanding balance under certain circumstances.

612.685            Reimbursement of administrative

costs.

MISCELLANEOUS PROCEDURES

612.700            Advisory opinion: Request; action

by Administrator; limitations.

612.710            Advisory opinion: Oral response.

612.720            Petition for declaratory order:

Filing; contents; action by Administrator.

612.730            Petition for adoption, amendment or

repeal of regulation: Filing; contents; action by Administrator.

 

GENERAL PROVISIONS

      NAC 612.010  Definitions. (NRS 612.220)  As used

in this chapter, unless the context otherwise requires, the words and terms

defined in NRS 612.016 to 612.200, inclusive, and NAC 612.014 and 612.016

have the meanings ascribed to them in those sections.

     [Employm’t Security Dep’t, No. 21 § 1, eff. 4-1-57; +

No. 23 § I, eff. 4-4-65; + No. 25 § 2 subsec. c, eff. 9-2-65; + No. 30 § A

subsec. 1, eff. 7-1-73]—(NAC A 6-3-85; A by Employm’t Security Div. by R094-00,

10-18-2000)

      NAC 612.014  “Severable and distinct portion of the organization, trade or

business” defined. (NRS 612.220)  “Severable

and distinct portion of the organization, trade or business” means a separate

division, location or organization of an employing unit that has been

identified as such by the employing unit.

     (Added to NAC by Employm’t Security Div. by R094-00,

eff. 10-18-2000; A by R200-05, 2-23-2006)

      NAC 612.016  “Week” defined. (NRS 612.195, 612.220)  “Week”

means a period of 7 consecutive calendar days beginning at 12:01 a.m. Sunday

and ending at midnight Saturday in the Pacific time zone.

     (Added to NAC by Employm’t Security Div. by R094-00,

eff. 10-18-2000; A by R199-05, 2-23-2006)

      NAC 612.017  Authorized agents of claimants. (NRS 612.220, 612.705)  An agent

is duly authorized for the purpose of representing a claimant if a notarized

authorization from the claimant has been presented on a form prescribed by the

Division.

     (Added to NAC by Employm’t Security Dep’t, eff. 4-27-84)

ADMINISTRATION

      NAC 612.020  Required records. (NRS 612.220, 612.260)

     1.  Each employing unit must establish,

maintain and preserve, for at least 4 years from the date of entry, true and

accurate records with respect to each person who performs services for the

employing unit. The records must show:

     (a) For each payroll period:

          (1) Beginning and ending dates.

          (2) Total wages payable and the date on which

the wages are paid.

     (b) For each person:

          (1) His or her name.

          (2) His or her social security number.

          (3) His or her rate of pay.

          (4) The date of hire, rehire or return to work

after temporary layoff.

          (5) The date and reason for separation from

employment.

          (6) The state in which services are performed.

          (7) The dates worked and the total amount of

wages earned in each payroll period and the date on which the wages are paid

with separate entries for:

               (I) Money wages.

               (II) Cash value of other remuneration,

including meals and lodging, indicating the number of meals and number of days

of lodging furnished the person.

               (III) Special payments by cash or other

remuneration for services performed identified as bonuses, prizes or similar

awards, indicating the nature of the payments.

     2.  Each employing unit which considers that

it is not an employer subject to the law or that it is engaged in exempt

employment must keep and maintain the records required of employing units under

this section for at least 4 years after the period to which the records relate.

     3.  Each employer subject to the law shall

keep and maintain the records required under this section for at least 4 years

after the date the contributions to which they relate become due or the date

the contributions are paid, whichever is later.

     [Employm’t Security Dep’t, No. 3, eff. 1-25-57]—(NAC A

6-3-85; A by Employm’t Security Div. by R094-00, 10-18-2000)

      NAC 612.030  Reports. (NRS 612.220, 612.260)

     1.  Each employing unit and employer shall

make any reports prescribed by the Administrator on forms issued by and

required to be returned to the Division.

     2.  Lack of employment for any period of time

does not excuse any employing unit or employer from making any report.

     [Employm’t Security Dep’t, No. 5, eff. 7-1-41]—(NAC A 6-3-85)

      NAC 612.040  Application for identification number. (NRS 612.220, 612.260)  Every

employing unit which has, or subsequent to January 1, 1936, had, in its employ

one or more persons performing services in employment shall file with the

Administrator an application for an employer’s identification number on a form

provided by the Administrator. Each employing unit must carefully prepare the

report with the full and clear information requested in the form and the

instructions accompanying it.

     [Employm’t Security Dep’t, No. 2, eff. 7-1-41]—(NAC A 6-3-85)

      NAC 612.050  Social security account number required. (NRS 612.220, 612.260)

     1.  Each employer shall obtain the social

security account number of each worker employed by him or her in employment

subject to chapter 612 of NRS.

     2.  The employer shall report the worker’s

social security account number in making any report required by the Division

with respect to a worker.

     [Employm’t Security Dep’t, No. 4, eff. 1-22-43]—(NAC A

by Employm’t Security Div. by R094-00, 10-18-2000)

      NAC 612.053  Determination of substantially common ownership, management or

control of business entities. (NRS 612.220, 612.245, 612.732)  In

determining whether substantially common ownership, management or control

exists between two or more business entities, the Administrator will consider

objective factors which may include, without limitation:

     1.  In determining common ownership:

     (a) Whether one business entity has ownership or

control over a substantial interest of another business entity;

     (b) The existence of common ownership of assets

necessary to conduct a business enterprise; or

     (c) The existence of common security or lease

arrangements covering assets necessary to conduct a business enterprise,

including its workforce.

     2.  In determining common management, control

by the business entities over:

     (a) Central accounting;

     (b) Personnel policies;

     (c) Operating procedures;

     (d) The financing of business operations;

     (e) Purchasing;

     (f) Pricing; or

     (g) Collections.

     3.  In determining common control:

     (a) Whether one or more natural or other persons

that control a business enterprise remain in control of the business enterprise

after its:

          (1) Acquisition;

          (2) Change in form, including, without

limitation:

               (I) Its change from an individual

proprietorship to an association, corporation, estate, limited-liability entity

or partnership;

               (II) Its change from a partnership to an

association, corporation, estate, individual proprietorship or

limited-liability entity;

               (III) The addition, deletion or change of

partners;

               (IV) Its change from a limited-liability

entity to an association, corporation, estate, individual proprietorship,

partnership or to another type of limited-liability entity;

               (V) Its change from a corporation to an

association, estate, individual proprietorship, limited-liability entity,

partnership or to another type of corporation; or

               (VI) Any other change from one type of

business organization to another type of business organization; or

          (3) Transfer to a person with any familial

relationship to the transferor; or

     (b) Whether there exists a contract pursuant to

which the ownership or the stated arrangement of the business enterprise allows

or provides for the direction of the internal affairs or conduct of the

business enterprise.

     (Added to NAC by Employm’t Security Div. by R200-05,

eff. 2-23-2006)

      NAC 612.056  Release of information; fee. (NRS 612.220, 612.265)

     1.  The Administrator will provide

information pursuant to subsection 3 of NRS 612.265 if:

     (a) An appropriate agency submits a request on a

form prescribed by the Administrator; and

     (b) The Administrator approves the release of the

requested information.

     2.  The Administrator may charge a reasonable

fee to cover any administrative costs incurred in providing information

pursuant to subsection 3, 4, 5 or 6 of NRS 612.265. The fee will not

exceed the actual cost of providing the information, as determined from the

records of the Division.

     (Added to NAC by Employm’t Security Dep’t, eff. 6-3-85;

A 12-19-89)

BENEFITS

      NAC 612.060  Wages paid. (NRS 612.220)  At such

time as the Administrator determines that:

     1.  Wages payable to an employee for personal

services have not been paid to the employee by reason of the financial

inability of the employer to pay the wages due; and

     2.  The employee has filed a valid claim with

the Labor Commissioner of the State of Nevada or has filed a valid claim for

wages in a bankruptcy proceeding against the employer,

Ê the amount of

the wages is considered paid for the purposes of chapter 612 of NRS as of the regular date

established for the payment of the wages.

     [Employm’t Security Dep’t, No. 18, eff. 2-15-60]—(NAC A

by Employm’t Security Div. by R094-00, 10-18-2000)

      NAC 612.070  Value of payment other than cash. (NRS 612.190, 612.220)

     1.  If meals, lodging or any other payment in

kind, considered as payment for services performed by a person, is in addition

to or in lieu of, rather than a deduction from, money wages, the Administrator

will determine or approve the cash value of the meals and lodging or other

payment in kind in individual cases to compute contributions due.

     2.  If a cash value for the meals and lodging

furnished a person is agreed upon in any agreement with a labor union or a

contract of hire, the amount agreed upon is, if more than the rates prescribed

in this section, the value of the meals and lodging.

     3.  Unless a rate for meals and lodging is

determined by the Administrator, meals and lodging furnished in addition to

money wages shall be deemed to have not less than the following values:

 

Full meals and lodging, weekly....................................................................................

$60.00

Meals per week...............................................................................................................

30.00

Meals per day...................................................................................................................

4.50

Meals per meal..................................................................................................................

1.50

Lodging per month.......................................................................................................

120.00

Lodging per week..........................................................................................................

30.00

Lodging per day...............................................................................................................

5.00

 

     [Employm’t Security Dep’t, Rule 1, eff. 7-9-37]—(NAC A

6-3-85)

      NAC 612.080  Subsistence payments. (NRS 612.190, 612.220)  Those

parts of the amount of payment made by an employer to his or her employee,

which are in addition to his or her regular wages and are paid to compensate

the employee for expenses inherent in the performance of services by the

employee away from the regular base of operations of the employer and the

employee, commonly referred to as subsistence pay, are not wages for the

purposes of chapter 612 of NRS.

     [Employm’t Security Dep’t, No. 19, eff. 2-15-60]

      NAC 612.090  Determination of period of unemployment. (NRS 612.185, 612.220)

     1.  Except as otherwise provided in this

section:

     (a) A person is totally unemployed in any week

during which the person performs no services with respect to which remuneration

is payable to him or her.

     (b) A person is part-totally unemployed in any week

of less than full-time work if the remuneration payable to him or her with

respect to that week is less than the person’s weekly benefit amount.

     (c) A person is partially unemployed in any week in

which the person has:

          (1) Performed services for his or her regular

employer;

          (2) Not been separated from employment with

his or her regular employer;

          (3) Earned less than his or her weekly benefit

amount; or

          (4) Worked less than his or her customary

full-time hours for his or her regular employer because of lack of full-time

work.

     2.  A person who is on a mutually agreed

leave of absence from work with a right to return to his or her employment in a

specified or nonspecified period and who will be reinstated at his or her

previous or a higher salary and with substantially equal benefits and seniority

is not considered unemployed for the purpose of the receipt of benefits.

     3.  A person working solely for commission is

not considered totally, part-totally or partially unemployed in any week during

which he or she works 30 or more hours.

     [Employm’t Security Dep’t, No. 21 § 2, eff. 4-1-57]—(NAC

A 6-3-85; A by Employm’t Security Div. by R199-05, 2-23-2006)

      NAC 612.094  Eligibility of certain persons without registering for work. (NRS 612.220, 612.375)  An

unemployed person may receive benefits without complying with the requirement

of NRS 612.375 to register for

work if the person is:

     1.  Partially unemployed as defined by NAC 612.090; or

     2.  Temporarily laid off from his or her

regular employment but is guaranteed reemployment, or has secured full-time

employment that will begin, within:

     (a) Four weeks; or

     (b) A longer period if the Administrator extends

the 4-week period upon a showing of good cause.

     (Added to NAC by Employm’t Security Div. by R094-00,

eff. 10-18-2000; A by R199-05, 2-23-2006)

CLAIMS FOR BENEFITS

      NAC 612.100  Types of claims. (NRS 612.220, 612.455)

     1.  An initial claim is a certification of

unemployment and notice of intent to claim benefits, if unemployment continues.

This claim is the first claim filed in a series of claims. Initial claims are

of three types:

     (a) New claim;

     (b) Additional claim; and

     (c) Reopened claim.

     2.  A new claim is an application for a

determination of eligibility and benefits, benefit amount and duration of

benefits which certifies to the beginning date of a first period of

unemployment in a benefit year or the continuance of a period of unemployment

into a new benefit year.

     3.  An additional claim is a claim filed

during the benefit year when a break of 1 week or more has occurred in the

series of claims with intervening employment.

     4.  A reopened claim is a claim filed during

the benefit year when a break of 1 week or more has occurred in the series of

claims for some reason other than employment.

     5.  A certification to a week of unemployment

for which benefits are claimed is a continued claim.

     [Employm’t Security Dep’t, No. 21 § 3, eff. 4-1-57; A 4-15-72]—(NAC

A 6-3-85; A by Employm’t Security Div. by R199-05, 2-23-2006)

      NAC 612.110  Effective date of initial claim; filing of continued claim;

appeal of denial of claim; affidavit of identity. (NRS 612.220, 612.455, 612.495)

     1.  The effective date of an initial claim

is:

     (a) Sunday of the week in which the claim is filed,

if the claimant has an active application for work on file or completes an

application during the week which includes the effective date of the initial

claim;

     (b) Sunday of the week in which an application for

employment is completed if the application is completed subsequent to the date

of the filing; or

     (c) Sunday of the week in which an application for

employment was completed if the date is before the date the claim was filed and

the person can show good cause for not having previously filed an initial

claim. In no case may a claim be predated more than 2 weeks preceding the week

in which the claim is actually filed.

     2.  A continued claim must be filed in

accordance with instructions of the Administrator or his or her authorized

representative and is subject to the following:

     (a) A continued claim must be filed in a manner

specified by the Division’s representatives except that, if a person can show

good cause for failure to file in accordance with instructions, a claim may be

accepted.

     (b) A continued claim will not be accepted if the

claimant does not have an active application for employment on file with the

employment service during all or a part of the week with respect to which the

claim was filed.

     (c) Failure to file a continued claim to certify

unemployment for a week during the subsequent week is a basis for rejecting a

weekly claim for benefits.

     3.  A claimant may appeal a denial of his or

her claim. The appeal must be in writing and signed by the claimant or by a

duly authorized agent of the claimant. A claimant who appeals to an appeal

tribunal or the Board of Review or through judicial review must continue to

file a weekly claim for unemployment benefits in the manner specified by the

Division during the period of unemployment while under disqualification in

order to receive payments if the appeal is decided in favor of the claimant.

     4.  If identifying information used through

an interlocal agreement with other governmental agencies fails adequately to

establish the identity of a claimant, the claimant may be required to complete

a sworn affidavit of identity in the presence of a notary public to protect the

integrity of his or her claim for unemployment insurance and identity.

     [Employm’t Security Dep’t, No. 21 §§ 6-9, eff. 4-1-57]—(NAC

A 6-3-85; A by Employm’t Security Div. by R094-00, 10-18-2000; R199-05, 2-23-2006)

      NAC 612.120  Employing units: Notification of claims, determinations and

rulings; reports of relevant facts; protest of payment of benefits; relief from

charging of benefits. (NRS 612.220, 612.475, 612.551)

     1.  The last or next to last employing unit

that receives a notice of the first claim filed by a claimant following

separation from employment must, within 11 days after the date of the notice,

submit to the Division all relevant facts that affect the claimant’s rights to

benefits, including all relevant facts which disclose that the claimant

separated from employment voluntarily and without good cause, or was discharged

for misconduct in connection with his or her employment.

     2.  The last or next to last employing unit

may protest the payment of benefits if the protest is filed within 11 days

after the date of the notice of filing the claim. If the employing unit has

filed a report of all relevant facts in a timely manner that might adversely

affect the claimant’s rights to benefits, the report is considered as a protest

to the payment of benefits.

     3.  The last or next to last employing unit

that has filed a response in a timely manner will be notified in writing of the

determination as to the claimant’s rights to benefits. If the last or next to

last employing unit has contributed 75 percent of the claimant’s base period

earnings and has submitted all relevant facts in a timely manner indicating

that the claimant quit voluntarily without good cause, or was discharged for

misconduct in connection with his or her employment, the employer will be

notified in writing of the Division’s ruling as to the cause of termination of

the claimant’s employment and whether the experience rating record of the

employer is chargeable with benefits paid the claimant.

     4.  The last or next to last employing unit

is entitled to relief from the charging of benefits to its experience rating

record if the claimant is found to have quit employment with the employing unit

solely to accept other employment.

     5.  Any employing unit that paid wages to the

claimant in the base period of the claim will be notified of the first claim

filed which results in a determination that the claimant is an insured worker.

The base period employer so notified must, within 11 days, submit all relevant

facts disclosing whether the claimant was discharged for a crime committed in

connection with his or her employment. The Division will issue a decision

setting forth whether the wages will be denied in the determination of the

payment of benefits.

     6.  Any notice of determination or ruling

will contain a statement setting forth the right of appeal.

     7.  The notice of first claim filed which is

mailed to the last or next to last employing unit must be addressed to:

     (a) The employing unit’s place of business where

the claimant was most recently employed;

     (b) The business office of the employing unit where

the records of the claimant’s employment are maintained; or

     (c) The business office of an authorized agent of

the employing unit if the employing unit has filed with the Administrator an

approved authorization designating the agent to represent the employing unit.

     8.  Any notice properly addressed to the last

known address of the employing unit or its authorized agent constitutes proper

notification to the employing unit of the first claim filed.

     9.  The notice of first claim filed which is

mailed to a base period employer who is not the last or next to last employer

of the claimant must be addressed to:

     (a) The employing unit’s place of business where

the claimant was most recently employed;

     (b) The business office of the employing unit where

the records of the claimant’s employment are maintained;

     (c) The address or addresses as requested by the

employer and agreed to by the Administrator; or

     (d) The business office of an authorized agent of

the employing unit if the employing unit has filed with the Administrator an

approved authorization designating the agent to represent the employing unit.

Ê Any notice

properly addressed to the last known address of the employer or his or her

authorized agent constitutes proper notice to the base period employer.

     10.  As used in this section, “all relevant

facts” includes, without limitation, dates of employment, type of work

performed, specific reason given for separation from employment, the final

incident to cause the separation from employment and prior disciplinary

warnings of a similar nature given, if any.

     [Employm’t Security Dep’t, No. 45 §§ I & II, eff.

12-16-70]—(NAC A 6-3-85; A by Employm’t Security Div., 7-5-94; R199-05 &

R201-05, 2-23-2006)

      NAC 612.130  Employing units: Address for notice of determinations and rulings

and related correspondence; designation of representative. (NRS 612.220, 612.475)

     1.  Determinations as to a claimant’s right

to benefits, rulings as to the cause of termination of the claimant’s

employment, rulings as to whether a base period employer’s experience record is

chargeable with benefits paid, and correspondence related thereto will be sent

to:

     (a) The address of the employing unit to which the

employer’s notice was mailed; or

     (b) The address requested by the employer on the

document filed with the Division in response to the notice of the filing of a

claim.

     2.  If the employing unit, in its response to

the notice of the filing of a claim, furnishes the address of an employer’s

agent and requests that further documents and correspondence be sent to the

agent, the Division’s representative will comply if there is on file with the

Division an approved authorization designating the agent to represent the

employing unit.

     3.  The appointment of an agent to act for

the employing unit and to receive documents and reports does not abrogate the

right of the Division’s representatives to deal directly with the employing

unit when it appears that this will best serve the interest of the parties.

     4.  An agent who has been authorized to

represent an employing unit in matters of unemployment compensation may be

furnished information from the files of the Division to the extent designated

in the authorization and in the same manner and to the same extent that

information would be furnished the employing unit.

     [Employm’t Security Dep’t, No. 45 §§ III & VI, eff.

12-16-70]

      NAC 612.160  Employing unit: Required signatures. (NRS 612.220, 612.475)

     1.  Replies to notices of the filing of

claims, protests, requests for determinations, redeterminations or rulings, and

statements of facts relating to claims, which are submitted by the last or next

to last employing unit or the employing unit’s authorized agent, must be

executed by the employing unit under the signature of a proprietor, a partner,

an executive officer, a department manager or other responsible employee who

handles employee information, or who has direct knowledge of the reasons for

the claimant’s separation from employment. The signature of an authorized agent

of the employing unit will be accepted if the employing unit has filed with the

Administrator an approved authorization designating the agent to represent the

employing unit.

     2.  Replies to notices of the filing of

claims by a base period employer when the claimant’s rights are not affected,

including requests for rulings as to the reason for termination of a claimant’s

employment and the chargeability of the employer’s experience rating record,

must be executed under the signature of a proprietor, a partner, an executive

officer, a department manager or other responsible employee who handles

employee information or who has knowledge of the reasons for the termination of

the claimant’s employment, or by an authorized agent of the employer if the

employer has filed with the Administrator an approved authorization designating

the agent to represent the employer.

     [Employm’t Security Dep’t, No. 45 §§ IV & V, eff.

12-16-70]—(NAC A 6-3-85; A by Employm’t Security Div., 7-5-94)

      NAC 612.170  Registration and application for work. (NRS 612.220, 612.375, 612.455)

     1.  A person shall be deemed registered for

work at the Division:

     (a) At the time an application for work is

completed or renewed and for as long thereafter as the Division is advised of

the claimant’s availability for work; or

     (b) For any period in which he or she is unable to

work due to illness or disability but is entitled to unemployment benefits in

accordance with the provisions of NRS

612.375. The person’s application will be retained in the active

applicants’ file of the Division, and the claimant must be offered employment

which would have been offered had he or she not become sick or disabled.

     2.  An application for work is effective:

     (a) On the date the application is completed; or

     (b) On the effective date of an initial claim for

unemployment compensation if the filing is in accordance with NAC 612.110.

     3.  A claimant’s application for work remains

active as long as he or she remains in active claim status.

     [Employm’t Security Dep’t, No. 21 § 4, eff. 4-1-57; A 4-15-72;

§ 5, eff. 4-1-57]

      NAC 612.190  Approval of training by Administrator; duties of trainee. (NRS 612.220, 612.375)

     1.  The Administrator will approve training

that:

     (a) Is sponsored by or financed by the Secretary of

Labor; or

     (b) Does not exceed 6 months and is given

specifically to provide the trainee with skills to become reemployed and there

is a market for the required skills in the area of the trainee’s residence.

Ê The training

must be given by an institution or facility approved by and in good standing

with the Commission on Postsecondary Education or the Governor’s Workforce

Investment Board.

     2.  A trainee shall furnish proof of his or

her acceptance by the training institution or facility. The trainee shall

provide statements from the training institution or facility showing that the

trainee is currently in training and that his or her progress is satisfactory

to the training institution or facility as prescribed by the Administrator.

     [Employm’t Security Dep’t, No. 20, eff. 4-15-72]—(NAC A

by Employm’t Security Div. by R199-05, 2-23-2006)

      NAC 612.222  Request for hearing before appeal tribunal. (NRS 612.220, 612.495)  A

request for a hearing before the appeal tribunal must be in writing and signed

by the appellant or by the appellant’s duly authorized agent.

     (Added to NAC by Employm’t Security Dep’t, eff. 9-5-84)

      NAC 612.225  Notice of hearing; subpoenas; issues. (NRS 612.220, 612.500)

     1.  Notice of hearing must be sent to each

party at least 7 days before the date of the hearing. In addition to the

requirements imposed by subsection 2 of NRS 233B.121, the notice must

inform each party that he or she is entitled to be represented by counsel, to

request the issuance of subpoenas and to produce witnesses at the hearing.

     2.  Unless issued on the motion of the

examiner, subpoenas will be issued only upon a showing of necessity by the

party requesting issuance of the subpoena.

     3.  At the start of the hearing, the examiner

will present a concise explanation of the issues to be covered and the

procedures to be followed. The scope of the hearing must be restricted to

issues identified in the notice of hearing, unless the parties are provided

with proper notice and the opportunity to request a continuance with respect to

other issues.

     (Added to NAC by Employm’t Security Dep’t, eff. 9-5-84)

      NAC 612.228  Responsibilities of examiner; exclusion of disorderly persons. (NRS 612.220, 612.500)

     1.  The determination of the order of taking

evidence is within the discretion of the examiner, who has the responsibility

to elicit evidence by examining witnesses in a logical and orderly fashion. The

examiner must also allow each party or his or her authorized agent the opportunity

to examine their own witnesses and to cross-examine opposing witnesses. The

examiner shall exclude undue repetition of testimony and avoid the unnecessary

interruption or recall of witnesses.

     2.  Technicalities must be minimized so that

parties not represented by attorneys are not at a disadvantage. Exhibits must

be marked and identified. The examiner must, before concluding the hearing,

ascertain whether the parties have anything further to present.

     3.  Disorderly or disruptive persons may be

excluded from the hearing room. If the disruptive or disorderly person refuses

or fails to stop the objectionable activity or leave the room, the examiner

shall adjourn the hearing.

     (Added to NAC by Employm’t Security Dep’t, eff. 9-5-84)

      NAC 612.232  Postponement, continuance or rescheduling of hearing. (NRS 612.220, 612.500)

     1.  The examiner may postpone or continue the

hearing on his or her own motion or when requested by a party showing

compelling reasons for the continuance or postponement.

     2.  If a party fails to appear at the time

set for the hearing, the examiner may, on his or her own motion, or on good

cause shown by the party who failed to appear, reschedule the hearing. The

decision to reschedule the hearing must be made within 11 days after the

issuance of the decision on the claim. If a hearing is rescheduled, any prior

decision issued by the examiner is vacated.

     (Added to NAC by Employm’t Security Dep’t, eff. 9-5-84;

A by Employm’t Security Div. by R201-05, 2-23-2006)

      NAC 612.235  Decision: Notice of right to appeal; alteration; issuance by

different examiner. (NRS 612.220, 612.510)

     1.  In addition to the requirements imposed

by NRS 233B.125, the decision

must inform each party of the right of appeal to the Board of Review. After the

decision is issued, the examiner may not alter it except to correct clerical

errors and as provided in NAC 612.232.

     2.  If the examiner who presided over the

hearing is unavailable, another member of the tribunal who was present at the

hearing or another examiner who listens to the tape or reads the transcript of

the hearing may issue the decision.

     (Added to NAC by Employm’t Security Dep’t, eff. 9-5-84)

      NAC 612.238  Request for appeal. (NRS 612.220, 612.510)

     1.  A request for appeal filed with the Board

of Review must be in writing and signed by the appellant or the appellant’s

duly authorized agent. The Board may require the appellant to use the forms for

appeal provided by the Board.

     2.  A request for appeal, as filed pursuant

to subsection 2 of NRS 612.510,

must set forth all the issues the appellant intends to raise before the Board.

     (Added to NAC by Employm’t Security Dep’t, eff. 9-5-84)

      NAC 612.242  Board of Review: Procedures. (NRS 612.220, 612.515)

     1.  The Board of Review may restrict the

parties to the submission of written arguments or may require the parties to

present oral arguments. If the Board refuses to review a decision of the

examiner because the examiner affirmed the determination of the claims office,

the Board shall notify the parties of their right to judicial review.

     2.  If the Board requires oral arguments,

notice must be sent to each party at least 7 days before the date set for

review, and the notice must specify the right to be represented by counsel. The

Board may postpone and continue the review, on giving notice to all parties.

     3.  The evidence which the Board considers in

reviewing cases is limited to the evidence submitted to the examiner, except

that the Board may remand a case to the examiner to take any additional

evidence. If the case is remanded, the Board may order the examiner to render a

new decision or may have the new evidence forwarded to the Board for its own

decision.

     (Added to NAC by Employm’t Security Dep’t, eff. 9-5-84)

      NAC 612.245  Board of Review: Decision. (NRS 612.220, 612.515)  Any two

members of the Board of Review may decide a case. If one member is absent and

the vote of the two remaining results in a tie, the case will be held over for

consideration by the full Board. If one member is disqualified and the

remaining two disagree, the case must be decided by the public member. If the

public member is disqualified, the Board will seek a temporary replacement

pursuant to subsection 2 of NRS

233B.122.

     (Added to NAC by Employm’t Security Dep’t, eff. 9-5-84)

      NAC 612.248  Board of Review: Reconsideration. (NRS 612.220, 612.515)  Any time

before the decision becomes final pursuant to subsection 1 of NRS 612.525, the Board of Review

may, on giving notice to all parties, reconsider its decision.

     (Added to NAC by Employm’t Security Dep’t, eff. 9-5-84)

      NAC 612.252  Confidentiality of proceedings. (NRS 612.220, 612.265)  Hearings

and reviews are confidential proceedings under NRS 612.265 and are closed to the

public.

     (Added to NAC by Employm’t Security Dep’t, eff. 9-5-84)

CONTRIBUTIONS

      NAC 612.254  Interpretation of certain statutory terms. (NRS 612.220, 612.545, 612.550, 612.732)  The

Administrator interprets “a part” of an organization, trade or business as used

in NRS 612.545 and “a portion”

of a trade or business as used in NRS

612.550 to include, without limitation:

     1.  A separate division, location or

organization of an employing unit;

     2.  A portion or percentage of an

organization, trade or business of an employing unit; and

     3.  The transfer of some or all of the

workforce of an employer to another employer if, as a result of the transfer,

the transferring employer no longer conducts trade or business with respect to

the transferred workforce but such trade or business is conducted by the employer

to which the workforce is transferred.

     (Added to NAC by Employm’t Security Div. by R200-05,

eff. 2-23-2006)

      NAC 612.256  Use of common paymaster prohibited. (NRS 612.220)

     1.  An employing unit shall not engage in the

use of a common paymaster. Each employing unit for which services are performed

is considered a separate business entity and shall report and pay contributions

on wages up to the taxable limit. Any employee who is concurrently employed by

more than one employing unit must be reported by each separate employing unit.

     2.  As used in this section, “common

paymaster” means a business entity that purports to be a single employer of

employees who are concurrently employed by a group of related employing units.

     (Added to NAC by Employm’t Security Div. by R200-05,

eff. 2-23-2006)

      NAC 612.258  Payrolling prohibited. (NRS 612.220)

     1.  An employing unit shall not engage in

payrolling. Wages must be reported by the employing unit:

     (a) That has the right to hire and fire the employee;

     (b) That has the responsibility to control and

direct the employee; and

     (c) For which the employee performs services.

     2.  As used in this section, “payrolling”

means the practice of designating one employing unit to report the wages of an

employee who performs services for another employing unit.

     (Added to NAC by Employm’t Security Div. by R200-05,

eff. 2-23-2006)

      NAC 612.260  Contributions by employers. (NRS 612.220, 612.535, 612.675)

     1.  After April 1, 1965, contributions accrue

and are payable with respect to wages paid within each calendar quarter.

     2.  Contributions are due and must be paid on

or before the last day of the calendar month next following the close of the

quarter for which they are payable.

     3.  The first contribution of any employing

unit which becomes an employer is due and must be paid on or before the last

day of the month next following the close of the quarter in which the employing

unit became liable as an employer. The payment must include contributions which

have accrued from the beginning of the quarter or other period as of which

liability began, according to the law in effect at the time when the employing

unit satisfied the conditions with respect to becoming an employer.

     4.  The first contribution of any employing

unit which elects to become an employer and has received the written approval

of the Administrator must be paid on or before the last day of the month next

following the close of the quarter in which the conditions of becoming an

employer by election are satisfied and must include contributions with respect

to wages paid for employment occurring on and after the effective date of the

approval, to and including the last payroll period ending within the calendar

quarter in which the conditions for becoming an employer by election are

satisfied.

     5.  If the Administrator finds that the

collection of contributions from a particular employer may be in jeopardy, he

or she may, in writing, advance the due date of the contributions and require

the employer to pay contributions at monthly or weekly intervals. If payment is

required, the Administrator may also require the employer to submit a

satisfactory bond in an amount fixed by the Administrator to guarantee the

filing of required reports and payment of contributions by the employer.

     6.  If it appears to the Administrator that

payment of contributions by an employer at the quarterly reporting and payable

dates will be onerous and burdensome to the employer, the Administrator may, in

writing, require the employer to pay contributions at intervals of not less

than 1 week to conform to the usual pay periods of the employer, but the

interval may not be extended beyond the normal dates for quarterly reporting

and payment.

     [Employm’t Security Dep’t, No. 6, eff. 4-1-65]—(NAC A 6-20-85)

      NAC 612.265  Reimbursement of Fund in lieu of contributions by former

employer. (NRS

612.220, 612.550, 612.553)

     1.  Reimbursement for benefit payments made

to former employees of employers who elect to reimburse the Fund in lieu of

contributions must be charged to that employer. Those reimbursements must be

made on the basis of a dollar of reimbursement for each dollar paid in benefits

based on the proportion of the claimant’s base period wages paid by that

employer.

     2.  If the Division overpays benefits to a

claimant, the Division will not credit the amount of the overpayment to the

account of an employer who is required to reimburse the Fund pursuant to

subsection 1 until the Division recovers the amount of the overpayment from the

claimant.

     (Added to NAC by Employm’t Security Dep’t, eff. 6-3-85;

A by Employm’t Security Div. by R094-00, 10-18-2000)

      NAC 612.270  Schedule of rates of contribution. (NRS 612.220, 612.550)  The

Administrator establishes the following schedule of contribution rates for

eligible employers for calendar year 2014:

     1.  Class 1: A rate of 0.25 percent is

assigned to each employer whose reserve ratio is 10.8 percent or more;

     2.  Class 2: A rate of 0.55 percent is

assigned to each employer whose reserve ratio is at least 9.2 percent but less

than 10.8 percent;

     3.  Class 3: A rate of 0.85 percent is

assigned to each employer whose reserve ratio is at least 7.6 percent but less

than 9.2 percent;

     4.  Class 4: A rate of 1.15 percent is

assigned to each employer whose reserve ratio is at least 6.0 percent but less

than 7.6 percent;

     5.  Class 5: A rate of 1.45 percent is

assigned to each employer whose reserve ratio is at least 4.4 percent but less

than 6.0 percent;

     6.  Class 6: A rate of 1.75 percent is assigned

to each employer whose reserve ratio is at least 2.8 percent but less than 4.4

percent;

     7.  Class 7: A rate of 2.05 percent is

assigned to each employer whose reserve ratio is at least 1.2 percent but less

than 2.8 percent;

     8.  Class 8: A rate of 2.35 percent is

assigned to each employer whose reserve ratio is at least -0.4 percent but less

than 1.2 percent;

     9.  Class 9: A rate of 2.65 percent is

assigned to each employer whose reserve ratio is at least -2.0 percent but less

than -0.4 percent;

     10.  Class 10: A rate of 2.95 percent is

assigned to each employer whose reserve ratio is at least -3.6 percent but less

than -2.0 percent;

     11.  Class 11: A rate of 3.25 percent is

assigned to each employer whose reserve ratio is at least -5.2 percent but less

than -3.6 percent;

     12.  Class 12: A rate of 3.55 percent is

assigned to each employer whose reserve ratio is at least -6.8 percent but less

than -5.2 percent;

     13.  Class 13: A rate of 3.85 percent is

assigned to each employer whose reserve ratio is at least -8.4 percent but less

than -6.8 percent;

     14.  Class 14: A rate of 4.15 percent is

assigned to each employer whose reserve ratio is at least -10.0 percent but

less than -8.4 percent;

     15.  Class 15: A rate of 4.45 percent is

assigned to each employer whose reserve ratio is at least -11.6 percent but

less than -10.0 percent;

     16.  Class 16: A rate of 4.75 percent is

assigned to each employer whose reserve ratio is at least -13.2 percent but

less than -11.6 percent;

     17.  Class 17: A rate of 5.05 percent is

assigned to each employer whose reserve ratio is at least -14.8 percent but

less than -13.2 percent; and

     18.  Class 18: A rate of 5.4 percent is

assigned to each employer whose reserve ratio is less than -14.8 percent.

     [Employm’t Security Dep’t, No. 17, eff. 1-1-82]—(NAC A

12-16-82, eff. 1-1-83; 12-16-83, eff. 1-1-84; 12-3-84, eff. 1-1-85; 12-31-85,

eff. 1-1-86; 12-15-86, eff. 1-1-87; 12-17-87, eff. 1-1-88; 12-15-88, eff. 1-1-89;

12-19-89, eff. 1-1-90; 12-3-90, eff. 1-1-91; 7-31-91; 12-9-91, eff. 1-1-92; 12-16-92,

eff. 1-1-93; 12-27-93; 12-15-94, eff. 1-1-95; 12-27-95, eff. 1-1-96; 12-13-96,

eff. 1-1-97; R160-97, 12-31-97, eff. 1-1-98; A by Employm’t Security Div. by

R120-98, 12-18-98, eff. 1-1-99; R184-99, 12-13-99, eff. 1-1-2000; R094-00, 12-11-2000,

eff. 1-1-2001; R134-01, 12-17-2001, eff. 1-1-2002; R096-02, 12-17-2002, eff. 1-1-2003;

R155-03, 12-4-2003, eff. 1-1-2004; R132-04, 12-15-2004, eff. 1-1-2005; R153-05,

11-17-2005, eff. 1-1-2006; R146-06, 12-7-2006, eff. 1-1-2007; R130-07, 12-4-2007,

eff. 1-1-2008; R214-08, 12-17-2008, eff. 1-1-2009; R127-09, 1-28-2010; R149-10,

12-16-2010, eff. 1-1-2011; R079-11, 12-30-2011, eff. 1-1-2012; R184-12, 12-20-2012,

eff. 1-1-2013; R094-13, 12-23-2013, eff. 1-1-2014)

      NAC 612.280  Transfers of experience record: Conditions for mandatory or

voluntary transfer; partial transfer. (NRS 612.220, 612.550, 612.732)

     1.  Transfers of an experience record are

mandatory:

     (a) If there is substantially common ownership,

management or control between two or more employers and one of the employers

transfers all or part of its business, including, without limitation, its

workforce, to the other employer.

     (b) If the receiver, trustee, executor,

administrator or other representatives, under designation or order of a court,

succeeds to the assets of a predecessor employer to carry on pending

liquidation or reorganization.

     2.  Transfers of an experience record are

voluntary if there is no substantially common ownership, management or control

between two or more employers and:

     (a) A successor employer acquires the entire or a

severable and distinct portion of the organization, trade or business, or

substantially all the assets, of an employer;

     (b) Proper notice of any change in the

organization, trade or business is filed with the Division within 90 days

immediately following the effective date of the change; and

     (c) The mutual acquiescence of the predecessor and

the successor to the transfer is properly executed and the successor provides

evidence of the acquisition to the Division within 1 year after the date of the

issuance by the Division of official notice of eligibility to transfer.

     3.  In a partial transfer, the successor

employer shall provide the amount of taxable wages reported by the separated

unit for the previous 3 calendar years. The Division will allocate benefit

charges and contributions paid to the separated unit in the same proportion

that total taxable payrolls attributable to the separated unit bear to the

total taxable payrolls attributable to the operations retained by the transferring

employer during the same period.

     4.  The Administrator may waive the time

limit set forth in paragraph (b) of subsection 2 for good cause shown.

     [Employm’t Security Dep’t, No. 13 §§ I, IV & VI,

eff. 4-1-65]—(NAC A 6-3-85; A by Employm’t Security Div. by R094-00, 10-18-2000;

R200-05, 2-23-2006)

      NAC 612.290  Transfers of experience record: Effects of and restriction on

completion; protest and appeal of determination of Division. (NRS 612.220, 612.250, 612.550, 612.732)

     1.  When a total transfer of an experience

record has been completed:

     (a) Payrolls, contributions paid and benefit

charges must be transferred to and be a part of the experience record of the

successor. Benefits paid, based on the payrolls of the predecessor, must then

be charged to the experience record of the successor. If a claimant for

unemployment benefits has been paid wages for the base period by the

predecessor employer, the wages shall be deemed to have been paid by the

successor employer.

     (b) The predecessor, as a transferring employer,

may not retain the rate previously determined for him or her but will be

classed as a new employer with respect to any employment after the date of the

completed transfer.

     2.  The contribution rate for a successor who

qualifies for the transfer of an experience record for the period beginning

with the date of the transfer and ending with the next effective date of

contribution rates is:

     (a) The contribution rate applicable to the

transferring employer with respect to the period immediately preceding the date

of the transfer if:

          (1) The acquiring employer was not, before the

transfer, a subject employer; and

          (2) Only one transferring employer, or only

transferring employers having identical rates, are involved;

     (b) A new rate, computed on the experience of the

transferring employer or, in the case of a partial transfer, the experience

attributable to the part of the business transferred, combined with the

experience of the acquiring employer as of the regular computation date for the

rate period in which the transfer occurs; or

     (c) The rate of contribution for a newly subject

employer. A computation for a contribution rate must be made in all transfers

involving a severable and distinct portion of an organization, trade or

business.

     3.  No transfer of an experience record and

rate will be completed if the Administrator determines that an acquisition or

change of all or part of a business organization was effected solely or

primarily to obtain a more favorable contribution rate. In determining whether

an acquisition was primarily for the purpose of obtaining a lower rate of

contributions, the Administrator will use objective factors which may include,

without limitation:

     (a) The cost of acquiring the business;

     (b) Whether the acquiring person continued the

business enterprise of the acquired business;

     (c) How long the business enterprise was continued;

and

     (d) Whether a substantial number of new employees

were hired for performance of duties unrelated to the business activity

conducted before the acquisition.

     4.  A protest to the determination of the

Division with respect to transfers must be filed not later than 15 days after

the date the notice of the determination is mailed. An appeal may be filed

within 11 days after the date a determination, based on the protest, is mailed

by the Division.

     [Employm’t Security Dep’t, No. 13 § II, eff. 4-1-65; A

4-22-70; §§ III, V & VII-IX, eff. 4-1-65]—(NAC A by Employm’t Security Div.

by R094-00, 10-18-2000; R200-05, 2-23-2006)

RECIPROCAL ARRANGEMENTS

      NAC 612.310  Definitions.  As

used in NAC 612.310 to 612.430,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 612.320 to 612.390,

inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification)

      NAC 612.320  “Base period” and “benefit year” defined. (NRS 612.220, 612.295, 612.750)  “Base

period” or “benefit year” means the base period or benefit year applicable

under the law concerning unemployment compensation of the paying state.

     [Employm’t Security Dep’t, No. 30 § A subsec. 8, eff. 7-1-73]

      NAC 612.330  “Combined wage claim” defined. (NRS 612.220, 612.295, 612.750)  “Combined

wage claim” means a claim filed under NAC 612.310

to 612.430, inclusive.

     [Employm’t Security Dep’t, No. 30 § A subsec. 3, eff. 7-1-73]

      NAC 612.340  “Combined wage claimant” defined. (NRS 612.220, 612.295, 612.750)  “Combined

wage claimant” means a claimant who has covered wages under the laws of more

than one state and who has filed a claim under NAC

612.310 to 612.430, inclusive.

     [Employm’t Security Dep’t, No. 30 § A subsec. 4, eff. 7-1-73]

      NAC 612.350  “Employment” defined. (NRS 612.220, 612.295, 612.750)  “Employment”

means all services which are covered under the law concerning unemployment

compensation of a state, whether expressed in terms of weeks of work or

otherwise.

     [Employm’t Security Dep’t, No. 30 § A part subsec. 7,

eff. 7-1-73]

      NAC 612.360  “Paying state” defined. (NRS 612.220, 612.295, 612.750)  “Paying

state” means the state:

     1.  In which a combined wage claimant files a

combined wage claim if he or she qualifies for unemployment benefits in that

state on the basis of the combined wages from all involved states; or

     2.  Where the combined wage claimant was last

employed in covered employment among the states in which he or she qualifies

for benefits.

     [Employm’t Security Dep’t, No. 30 § A subsec. 5, eff. 7-1-73]—(NAC

A 6-3-85)

      NAC 612.370  “State agency” defined. (NRS 612.220, 612.295, 612.750)  “State

agency” means the agency which administers the law of a state concerning

unemployment compensation.

     [Employm’t Security Dep’t, No. 30 § A subsec. 2, eff. 7-1-73]

      NAC 612.380  “Transferring state” defined. (NRS 612.220, 612.295, 612.750)  “Transferring

state” means a state in which a combined wage claimant had covered employment

and wages in the base period of a paying state, and which transfers the

employment and wages to the paying state for its use in determining the benefit

rights of the claimant under its law.

     [Employm’t Security Dep’t, No. 30 § A subsec. 6, eff. 7-1-73]

      NAC 612.390  “Wages” defined. (NRS 612.220, 612.295, 612.750)  “Wages”

means all remuneration for employment.

     [Employm’t Security Dep’t, No. 30 § A part subsec. 7, eff.

7-1-73]

      NAC 612.400  Election to file claim. (NRS 612.220, 612.295, 612.455, 612.750)

     1.  Any unemployed person who has had covered

employment and wages in more than one state may elect to file a combined wage

claim if it will provide benefits for which he or she could not otherwise

qualify or will increase the benefits for which he or she qualifies in a single

state.

     2.  A claimant will not be considered to have

unused benefit rights based on a benefit year which he or she has established under

a state or federal law if:

     (a) The claimant has exhausted his or her rights to

all benefits based on the benefit year;

     (b) The claimant’s rights to benefits have been

postponed for an indefinite period or for the entire period in which benefits

would otherwise be payable; or

     (c) Benefits are affected by the application of a

seasonal restriction.

     3.  If a person elects to file a combined

wage claim, all employment and wages in all states in which he or she worked

during the base period of the paying state must be included in the combined

wage claim, except employment and wages which are not transferable under NAC 612.420.

     4.  A combined wage claimant may withdraw his

or her claim within the period prescribed by the law of the paying state for

filing an appeal, protest or request for redetermination from the monetary

determination of the claim if he or she:

     (a) Repays in full any benefits paid to him or her

thereunder; or

     (b) Authorizes the state or states against which he

or she filed substitute claims for benefits to withhold and forward to the

paying state a sum which is sufficient to repay the benefits.

     5.  If the combined wage claimant files the

claim in a state other than the paying state, he or she shall do so pursuant to

the Interstate Benefit Payment Plan.

     [Employm’t Security Dep’t, No. 30 § B, eff. 7-1-73]—(NAC

A 6-3-85)

      NAC 612.410  Responsibilities of paying state.

(NRS 612.220, 612.295, 612.750)

     1.  The paying state must request the

transfer of the records of a combined wage claimant’s employment and wages in

all states during its base period and determine his or her entitlement to

benefits under the provisions of its law based on the record of employment and

wages transferred to it. The paying state applies all the provisions of its law

to each determination made even if the combined wage claimant has no earnings

in covered employment in that state, except that the paying state may not

determine an issue which has previously been adjudicated by a transferring

state. This exception does not apply if the transferring state’s determination

of the issue resulted in making the combined wage claim possible under NAC 612.400.

     2.  If the paying state fails to establish a

benefit year for the combined wage claimant or if he or she withdraws the

claim, the paying state shall return to each transferring state all records of

employment and wages that are not used.

     3.  The paying state shall give the claimant

a notice of each of its determinations on the combined wage claim that he or

she is required to receive under the Secretary of Labor’s claim determinations

standard and the contents of the notice must meet the standard.

     4.  Redeterminations may be made by the paying

state in accordance with its law based on additional or corrected information

received from any source, including a transferring state, except that the

information must not be used as a basis for changing the paying state if

benefits have been paid under the combined wage claim.

     5.  Except as otherwise provided in this

subsection, where the claimant files the combined wage claim in the paying

state, any protest, request for redetermination or appeal must be made in

accordance with the law of that state. If the claimant files the combined wage

claim in a state other than the paying state, any protest, request for

redetermination or appeal must be made in accordance with the Interstate

Benefit Payment Plan. To the extent that any protest, request for

redetermination or appeal involves a dispute as to the coverage of the

employing unit or services in a transferring state or otherwise involves the

amount of employment and wages subject to transfer, the protest, request for

redetermination or appeal must be decided by the transferring state in

accordance with its law.

     6.  If there is an overpayment outstanding in

a transferring state and the transferring state so requests, the overpayment

must be deducted from any benefits the paying state would otherwise pay to the

claimant on the combined wage claim except to the extent prohibited by the law

of the paying state. The paying state shall transmit the amount deducted to the

transferring state or credit the deduction against the transferring state’s

required reimbursement. This subsection applies to overpayments only if the

transferring state certifies to the paying state that the determination of

overpayment was made within 3 years before the combined wage claim was filed

and that repayment by the claimant is legally required and enforceable against

him or her under the law of the transferring state.

     7.  At the close of each calendar quarter,

the paying state shall send each transferring state a statement of benefits

charged during the quarter to the state as to each combined wage claimant. Each

charge must bear the same ratio to the total benefits paid to the combined wage

claimant by the paying state as his or her wages transferred by the

transferring state bear to the total wages used in the determination. The

computation of the ratio must be to five decimal places.

     [Employm’t Security Dep’t, No. 30 § C, eff. 7-1-73]—(NAC

A 6-3-85)

      NAC 612.420  Responsibilities of transferring state. (NRS 612.220, 612.295, 612.750)

     1.  Each transferring state shall promptly

transfer to the paying state the employment and wages the combined wage

claimant had in covered employment during the base period of the paying state.

Any employment and wages transferred must be transferred without restriction as

to their use for determination and benefit payments under the provisions of the

paying state’s law.

     2.  Employment and wages transferred to the

paying state by a transferring state do not include:

     (a) Any employment and wages which have been

transferred to any other paying state and not returned unused, or which have

been used in the transferring state as the basis of a monetary determination

which established a benefit year.

     (b) Any employment and wages which have been

cancelled or are otherwise unavailable to the claimant as a result of a

determination by the transferring state made before its receipt of the request

for transfer, if the determination has become final or is in the process of

appeal but is still pending. If the appeal is finally decided in favor of the

combined wage claimant, any employment and wages involved in the appeal must be

transferred to the paying state and any necessary redetermination must be made

by the paying state.

     (c) Any employment and wages which would be

cancelled under the law of the transferring state, if its law does not permit

the noncharging of benefits paid thereon. This paragraph does not apply to

requests for transfers made after June 30, 1973, or after amendment of the law

to provide for noncharging, whichever is earlier.

     [Employm’t Security Dep’t, No. 30 § D, eff. 7-1-73]

      NAC 612.430  Reuse of employment and wages; disagreements between states. (NRS 612.220, 612.295, 612.750)

     1.  Employment and wages which have been used

under NAC 612.310 to 612.430,

inclusive, for a determination of benefits which establishes a benefit year may

not thereafter be used by any state as the basis for another monetary

determination of benefits.

     2.  The Secretary of Labor will resolve any

disagreement between state agencies, concerning the operation of the

arrangement, with the advice of the designated representatives of the state

agencies.

     [Employm’t Security Dep’t, No. 30 §§ E & F, eff. 7-1-73]

ELECTIONS BY EMPLOYERS TO COVER WORKERS IN SEVERAL STATES

      NAC 612.440  Definitions. (NRS 612.220, 612.295, 612.750)  As used

in NAC 612.440 to 612.470,

inclusive, unless the context otherwise requires:

     1.  “Agency” means any officer, board,

commission or other authority charged with the administration of the laws

concerning unemployment compensation of a participating jurisdiction.

     2.  “Interested agency” means the agency of a

participating jurisdiction.

     3.  “Interested jurisdiction” means any

participating jurisdiction to which an election submitted under NAC 612.440 to 612.470,

inclusive, is sent for its approval.

     4.  “Jurisdiction” means any state of the

United States, the District of Columbia or, with respect to the Federal

Government, the coverage of any federal laws concerning unemployment

compensation.

     5.  “Participating jurisdiction” means a

jurisdiction whose administrative agency has subscribed to the Arrangement and

whose adherence to the Arrangement has not terminated.

     6.  “Services customarily performed by a

person in more than one jurisdiction” means services performed in more than one

jurisdiction during a reasonable period, if the nature of the services gives

reasonable assurance that they will continue to be performed in more than one

jurisdiction or if the services are required or expected to be performed in

more than one jurisdiction under the election.

     [Employm’t Security Dep’t, No. 9 § 2, eff. 4-1-45]

      NAC 612.450  Applicability. (NRS 612.220, 612.295, 612.750)  The

provisions of NAC 612.440 to 612.470,

inclusive, govern the Division in its administrative cooperation with other

states subscribing to the Interstate Reciprocal Coverage Arrangement, referred

to as “the Arrangement.”

     [Employm’t Security Dep’t, No. 9 § 1, eff. 4-1-45]

      NAC 612.460  Filing; approval or disapproval; withdrawal. (NRS 612.220, 612.295, 612.750)

     1.  Any employing unit may file an election

to cover under the law of a single participating jurisdiction all of the

services performed for him or her by any person who customarily works for him

or her in more than one participating jurisdiction.

     2.  An election may be filed with respect to

a person with any participating jurisdiction in which:

     (a) Any part of the person’s services are

performed;

     (b) The person has his or her residence; or

     (c) The employing unit maintains a place of

business to which the person’s services bear a reasonable relation.

Ê The agency of

the elected jurisdiction shall initially approve or disapprove the election.

     3.  If an agency approves the election, it

shall forward a copy of its approval to the agency of each other participating

jurisdiction specified under whose law the person in question might, in the

absence of the election, be covered. Each interested agency shall approve or

disapprove the election as promptly as practicable and notify the agency of the

elected jurisdiction accordingly.

     4.  If its law so requires, any interested

agency may, before taking action, require from the electing employing unit

satisfactory evidence that the affected employees have been notified of, and

have acquiesced in, the election.

     5.  If the agency of the elected jurisdiction

or the agency of any interested jurisdiction disapproves the election, the

disapproving agency shall notify the elected jurisdiction and the electing

employing unit of its action and of its reasons therefor.

     6.  An election takes effect as to the

elected jurisdiction only if approved by its agency and by one or more

interested agencies. An election which is approved takes effect as to any

interested agency only if it is approved by the agency.

     7.  If any election is approved only in part

or is disapproved by some of the agencies, the electing employing unit may

withdraw its election within 11 days after being notified of the action.

     [Employm’t Security Dep’t, No. 9 § 3, eff. 4-1-45]—(NAC

A by Employm’t Security Div. by R201-05, 2-23-2006)

      NAC 612.470  Effective period; notices and reports. (NRS 612.220, 612.295, 612.750)

     1.  An election approved under NAC 612.440 to 612.470,

inclusive, becomes effective at the beginning of the calendar quarter in which

the election was submitted, unless the election as approved specifies the

beginning of a different calendar quarter.

     2.  If the electing unit requests an earlier

effective date than the beginning of the calendar quarter in which the election

is submitted, the earlier date may be approved solely as to those interested

jurisdictions in which the employer had no liability to pay contributions for

the earlier period in question.

     3.  If the agency of the elected jurisdiction

finds that the nature of the services customarily performed by the person for

the electing unit have changed so that they are no longer customarily performed

in more than one participating jurisdiction, the election may be terminated.

This termination is effective as of the close of the calendar quarter in which

notice of the finding is mailed to all parties affected.

     4.  Except as provided in subsection 3, each

election approved remains in effect through the close of the calendar year in

which it is submitted and thereafter until the close of the calendar quarter in

which the electing unit gives written notice of its termination to all affected

agencies.

     5.  If an election ceases to apply to any

person under subsection 3 or 4, the electing unit shall notify the person

affected accordingly.

     6.  The electing unit shall promptly notify

each person affected by its approved election and furnish the elected agency a

copy of the notice.

     7.  If a person covered by an election is

separated from his or her employment, the electing unit shall again notify the

person as to the jurisdiction under whose law his or her services have been

covered. If, at the time of termination, the person is not located in the

elected jurisdiction, the electing unit shall notify the person as to the

procedure for filing claims for interstate benefits.

     8.  The electing unit shall immediately

report to the elected jurisdiction any change which occurs in the conditions of

employment pertinent to its election, for example, if a person’s services for

the employer cease to be customarily performed in more than one participating

jurisdiction or if a change in the work assigned to a person requires him or

her to perform services in a new participating jurisdiction.

     [Employm’t Security Dep’t, No. 9 § 4, eff. 4-1-45]

INTERSTATE CLAIMANTS

      NAC 612.480  Definitions. (NRS 612.220, 612.295, 612.750)  As used

in NAC 612.480 to 612.580,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 612.490 to 612.540,

inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification)

      NAC 612.490  “Agent state” defined. (NRS 612.220, 612.295, 612.750)  “Agent

state” means any state in which a person files a claim for benefits from

another state.

     [Employm’t Security Dep’t, No. 25 § 2 subsec. d, eff. 9-26-65]

      NAC 612.500  “Benefits” defined. (NRS 612.220, 612.295, 612.750)  “Benefits”

means the compensation payable to a person with respect to his or her

unemployment, under the law concerning unemployment benefits of any state.

     [Employm’t Security Dep’t, No. 25 § 2 subsec. f, eff. 9-26-65]

      NAC 612.510  “Interstate Benefit Payment Plan” defined. (NRS 612.220, 612.295, 612.750)  “Interstate

Benefit Payment Plan” means the Plan approved by the National Association of

State Workforce Agencies under which benefits are payable to unemployed persons

absent from the state in which benefit credits have been accumulated.

     [Employm’t Security Dep’t, No. 25 § 2 subsec. a, eff. 9-26-65]—(NAC

A by Employm’t Security Div. by R199-05, 2-23-2006)

      NAC 612.520  “Interstate claimant” defined. (NRS 612.220, 612.295, 612.750)  “Interstate

claimant” means a person who claims benefits under the law of one or more

liable states through the facilities of an agent state. The term does not

include any person who customarily commutes from a residence in an agent state

to work in a liable state unless the Division finds that this exclusion would

create undue hardship on claimants in specified areas.

     [Employm’t Security Dep’t, No. 25 § 2 subsec. b, eff. 9-26-65]

      NAC 612.530  “Liable state” defined. (NRS 612.220, 612.295, 612.750)  “Liable

state” means any state against which a person files, through another state, a

claim for benefits.

     [Employm’t Security Dep’t, No. 25 § 2 subsec. e, eff. 9-26-65]

      NAC 612.540  “Week of unemployment” defined. (NRS 612.220, 612.295, 612.750)  “Week of

unemployment” includes any week of unemployment as defined in the law of the

liable state from which benefits with respect to the week are claimed.

     [Employm’t Security Dep’t, No. 25 § 2 subsec. g, eff. 9-26-65]

      NAC 612.550  Scope. (NRS 612.220, 612.295, 612.750)  The

provisions of NAC 612.480 to 612.580,

inclusive:

     1.  Govern the Division in its administrative

cooperation with other states adopting similar regulations for the payment of

benefits to interstate claimants.

     2.  Apply to claims taken in and for Canada.

     [Employm’t Security Dep’t, No. 25 §§ 1 & 9, eff. 9-2-65]

      NAC 612.560  Registration for work; benefit rights. (NRS 612.220, 612.295, 612.455, 612.750)

     1.  Each interstate claimant must be

registered for work, through any public employment office in the agent state,

when and as required by the law, regulations and procedures of the agent state.

The registration must be accepted as meeting the requirements of the liable

state. Each agent state must report, to the liable state in question, whether

each interstate claimant meets the requirements for registration of the agent

state.

     2.  If a claimant files a claim against any

state, and it is determined by that state that the claimant has available

benefit credits in the state, then claims must be filed only against that state

as long as benefit credits are available in that state. Thereafter, the

claimant may file claims against any other state in which there are available

benefit credits.

     3.  For the purposes of this section, benefit

credits are unavailable whenever benefits have been exhausted, terminated or

postponed for an indefinite period, or for the entire period in which benefits

would otherwise be payable, or whenever benefits are affected by the

application of a seasonal restriction.

     [Employm’t Security Dep’t, No. 25 §§ 3 & 4, eff. 9-2-65]

      NAC 612.570  Filing of claims for benefits. (NRS 612.220, 612.295, 612.455, 612.750)  An

interstate claimant must file:

     1.  A claim for benefits in accordance with

procedures developed pursuant to the Interstate Benefit Payment Plan; and

     2.  An initial claim in accordance with the

regulations of the agent state for intrastate claims.

     [Employm’t Security Dep’t, No. 25 § 5, eff. 9-2-65]—(NAC

A 6-3-85; A by Employm’t Security Div. by R094-00, 10-18-2000)

      NAC 612.580  Determination of claims; appeals. (NRS 612.220, 612.295, 612.750)

     1.  An agent state must, in connection with

each claim filed by an interstate claimant, ascertain and report to the liable

state in question all relevant facts relating to the claimant’s availability

for work and eligibility for benefits as are readily determinable in and by the

agent state.

     2.  The agent state’s responsibility and

authority in connection with the determination of interstate claims is limited

to the investigation and reporting of all relevant facts. The agent state may

not refuse to take an interstate claim.

     3.  The agent state must afford all

reasonable cooperation in the taking of evidence and the holding of hearings in

connection with appealed interstate benefit claims when requested by the liable

state. With respect to the time limits imposed by the law of a liable state

upon the filing of an appeal in connection with a disputed benefit claim, an

appeal made by an interstate claimant is made and communicated to the liable

state on the date when it is received by any qualified officer of the agent

state.

     4.  As used in this section, “all relevant

facts” includes, without limitation, dates of employment, type of work

performed, specific reason given for separation from employment, the final

incident to cause the separation from employment and prior disciplinary

warnings of a similar nature given, if any.

     [Employm’t Security Dep’t, No. 25 §§ 6 & 7, eff. 9-2-65]—(NAC

A 6-3-85; A by Employm’t Security Div. by R201-05, 2-23-2006)

UNEMPLOYMENT COMPENSATION BOND FUND

      NAC 612.590  Definitions. (NRS 612.220, 612.6132)  As used

in NAC 612.590 to 612.625,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 612.593 to 612.605,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.593  “Baseline bond interest and expenses contribution rate” defined. (NRS 612.220, 612.6132)  “Baseline

bond interest and expenses contribution rate” means the rate established

pursuant to NAC 612.615.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.595  “Baseline bond principal contribution rate” defined. (NRS 612.220, 612.6132)  “Baseline

bond principal contribution rate” means the rate established pursuant to NAC 612.613.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.597  “Interest coverage ratio” defined. (NRS 612.220, 612.6132)  “Interest

coverage ratio” means the rate of excess collection of money specified by the

State in the trust indenture or other instrument or agreement in connection

with the bonds to provide for the security of the payment of the bond interest

and other bond obligations other than the bond principal secured by the

principal coverage ratio.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.600  “Principal coverage ratio” defined. (NRS 612.220, 612.6132)  “Principal

coverage ratio” means the rate of excess collection of money specified by the

State in the trust indenture or other instrument or agreement in connection

with the bonds to provide for the security of the payment of the bond

principal.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.603  “Reserve ratio” defined. (NRS 612.220, 612.6132)  “Reserve

ratio” has the meaning ascribed to it in NRS 612.550.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.605  “Taxable wages” defined. (NRS 612.220, 612.6132)  “Taxable

wages” means wages as determined pursuant to NRS 612.545 which are paid by

employers who are required to pay special bond contributions pursuant to

subsection 1 of NRS 612.6132.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.607  Issuance of bonds by State Board of Finance: Notice to

Administrator by State Treasurer; calculation of rates for special bond

contributions. (NRS 612.220, 612.6128, 612.6132)

     1.  If the State Board of Finance issues

bonds pursuant to NRS 612.6122,

for each calendar year in which bond obligations and bond administrative

expenses will be due, the State Treasurer must, on or before August 1 of the

immediately preceding year, or as soon as practicable thereafter, notify the

Administrator of the amount of bond obligations, the estimated amount of bond

administrative expenses and the other amounts described in subsection 2 of NRS 612.613 to permit the

Administrator to determine the amount of special bond contributions required

for the applicable calendar year. If no such bond obligations exist for a

calendar year, the Administrator will not impose any special bond

contributions.

     2.  After receiving the information described

in subsection 1, the Administrator will calculate the rates for the special

bond contributions pursuant to NAC 612.613 to 612.623, inclusive. The Administrator will complete

the calculations not later than September 15 of the year in which the

information is due from the State Treasurer or 45 days after receiving the

information from the State Treasurer, whichever is later.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.610  Payment of special bond contributions; application of money received. (NRS 612.220, 612.6132)

     1.  An employer who is required to pay

special bond contributions pursuant to subsection 1 of NRS 612.6132 shall pay special

bond contributions based upon the rates established pursuant to NAC 612.613 to 612.623,

inclusive, and, if applicable, the rate established pursuant to NAC 612.625.

     2.  If such an employer pays less than the

total amount due pursuant to chapter 612

of NRS and any regulations adopted pursuant thereto, including, without

limitation, NAC 612.590 to 612.625,

inclusive, the Administrator will apply the money received from that employer

first to any special bond contributions for the bond interest and other bond

obligations as defined in NAC 612.615, then to any

special bond contributions for the bond principal, and then to any other

amounts owed pursuant to chapter 612

of NRS and any regulations adopted pursuant thereto, as determined by the

Administrator. As used in this subsection, “total amount due” includes, without

limitation, the amount due from the employer for contributions for unemployment

compensation, principal payments for special bond contributions and interest

payments for special bond contributions.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.613  Determination of baseline bond principal contribution rate. (NRS 612.220, 612.6132)  To

determine the baseline bond principal contribution rate, the Administrator

will:

     1.  Multiply the amount of the bond principal

that will be due during the 12-month period beginning on May 1 of the

immediately succeeding calendar year and ending on April 30 of the following

calendar year by the principal coverage ratio;

     2.  Subtract from the result reached pursuant

to subsection 1 the greater of:

     (a) Zero; or

     (b) The remainder obtained by subtracting the

amount of bond principal that is required to be paid between the date of

calculation and April 30 of the immediately succeeding calendar year from the

amount of money available to pay that bond principal, including money then held

by the State which is available to pay that bond principal and including the

Administrator’s estimate of contributions available to pay that bond principal

which are expected to be received between the date of calculation and April 30

of the immediately succeeding calendar year to the extent such an estimate is

permitted to be taken into account by the trust indenture or other instrument

or agreement executed by the State in connection with the bonds, but excluding

money in the State’s account in the Unemployment Trust Fund of the United

States Treasury; and

     3.  Divide the result reached pursuant to

subsection 2 by 95 percent of the total estimated taxable wages for the

immediately succeeding calendar year.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.615  Determination of baseline bond interest and expenses contribution

rate. (NRS

612.220, 612.6132)

     1.  To determine the baseline bond interest

and expenses contribution rate, the Administrator will:

     (a) Multiply the amount of the bond interest and

other bond obligations that will be due during the 12-month period beginning on

May 1 of the immediately succeeding calendar year and ending on April 30 of the

following calendar year by the interest coverage ratio;

     (b) Subtract from the result reached pursuant to

paragraph (a) the greater of:

          (1) Zero; or

          (2) The remainder obtained by subtracting the

amount of bond interest and other bond obligations that are required to be paid

between the date of calculation and April 30 of the immediately succeeding

calendar year from the amount of money then held by the State which is

available to pay that bond interest and those other bond obligations; and

     (c) Divide the result reached pursuant to paragraph

(b) by 95 percent of the total estimated taxable wages for the immediately

succeeding calendar year.

     2.  As used in this section, “bond interest

and other bond obligations” means the premium and interest payable on a bond,

together with any amount owed under a related credit agreement or under any instrument

or agreement in connection with the bonds, and bond administrative expenses.

The term does not include the bond principal.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.617  Assignment of employer to one of four tiers. (NRS 612.220, 612.6132)

     1.  For the purposes of determining the

special bond contributions due from each employer who is required to pay

special bond contributions pursuant to subsection 1 of NRS 612.6132, the Administrator

will assign each such employer to one of four tiers.

     2.  Tier 1 consists of such employers who do

not qualify for a contribution rate based on experience pursuant to NRS 612.550.

     3.  Tier 2 consists of such employers who:

     (a) Qualify for a contribution rate based on experience

pursuant to NRS 612.550; and

     (b) Have a reserve ratio of less than zero.

     4.  Tier 3 consists of such employers who:

     (a) Qualify for a contribution rate based on

experience pursuant to NRS 612.550;

     (b) Have a reserve ratio of equal to or greater

than zero; and

     (c) Have a reserve ratio of less than the threshold

reserve ratio determined pursuant to subsection 6.

     5.  Tier 4 consists of such employers who:

     (a) Qualify for a contribution rate based on

experience pursuant to NRS 612.550;

     (b) Have a reserve ratio of equal to or greater

than zero; and

     (c) Have a reserve ratio of equal to or greater

than the threshold reserve ratio determined pursuant to subsection 6.

     6.  The threshold reserve ratio for Tier 4 is

the lowest possible reserve ratio, rounded to the nearest tenth of a percent,

which, using the most recent 12 months of data available, results in the

qualification for Tier 4 of the employers who pay not more than 10 percent of

all taxable wages from employers with a reserve ratio greater than or equal to

zero.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.620  Determination of bond principal contribution rate for employers

assigned to Tiers 1, 2, 3 and 4. (NRS 612.220, 612.6132)

     1.  To determine the bond principal

contribution rate for employers assigned to Tier 1, the Administrator will

multiply the baseline bond principal contribution rate by a factor of 0.45,

then round the result up to the nearest one-hundredth of a percent.

     2.  To determine the bond principal

contribution rate for employers assigned to Tier 2, the Administrator will

multiply the baseline bond principal contribution rate by a factor of 1.40,

then round the result up to the nearest one-hundredth of a percent.

     3.  To determine the bond principal

contribution rate for employers assigned to Tier 4, the Administrator will

multiply the baseline bond principal contribution rate by a factor of 0.25,

then round the result up to the nearest one-hundredth of a percent.

     4.  To determine the bond principal

contribution rate for employers assigned to Tier 3, the Administrator will:

     (a) Determine the fraction of total taxable wages

from employers who are not eligible for experience rating by dividing the

taxable wages from such employers by the total taxable wages from all employers

who are required to pay special bond contributions;

     (b) Determine the fraction of total taxable wages

from employers who are eligible for experience rating and who have a reserve

ratio of less than zero by dividing the taxable wages from such employers by

the total taxable wages from all employers who are required to pay special bond

contributions;

     (c) Determine the fraction of total taxable wages

from employers who are eligible for experience rating and who have a reserve

ratio that is equal to or greater than the threshold reserve ratio determined

pursuant to subsection 6 of NAC 612.617 by dividing

the taxable wages from such employers by the total taxable wages from all

employers who are required to pay special bond contributions;

     (d) Determine the fraction of total taxable wages

from employers who are eligible for experience rating, who have a reserve ratio

of equal to or greater than zero and who have a reserve ratio that is less than

the threshold reserve ratio determined pursuant to subsection 6 of NAC 612.617 by subtracting the fractions calculated

pursuant to paragraphs (a), (b) and (c) from 1;

     (e) Multiply the bond principal contribution rate

determined pursuant to subsection 1 by the fraction determined pursuant to

paragraph (a);

     (f) Multiply the bond principal contribution rate

determined pursuant to subsection 2 by the fraction determined pursuant to

paragraph (b);

     (g) Multiply the bond principal contribution rate

determined pursuant to subsection 3 by the fraction determined pursuant to

paragraph (c);

     (h) Subtract the results reached pursuant to

paragraphs (e), (f) and (g) from the baseline bond principal contribution rate;

and

     (i) Divide the result reached pursuant to paragraph

(h) by the fraction determined pursuant to paragraph (d), then round up to the

next one-hundredth of a percent.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.623  Determination of bond interest and expenses contribution rate for

employers assigned to Tiers 1, 2, 3 and 4. (NRS 612.220, 612.6132)

     1.  To determine the bond interest and

expenses contribution rate for employers assigned to Tier 1, the Administrator

will multiply the baseline bond interest and expenses contribution rate by a

factor of 0.45, then round the result up to the nearest one-hundredth of a

percent.

     2.  To determine the bond interest and

expenses contribution rate for employers assigned to Tier 2, the Administrator

will multiply the baseline bond interest and expenses contribution rate by a

factor of 1.40, then round the result up to the nearest one-hundredth of a

percent.

     3.  To determine the bond interest and

expenses contribution rate for employers assigned to Tier 4, the Administrator

will multiply the baseline bond interest and expenses contribution rate by a

factor of 0.25, then round the result up to the nearest one-hundredth of a

percent.

     4.  To determine the bond interest and expenses

contribution rate for employers assigned to Tier 3, the Administrator will:

     (a) Determine the fraction of total taxable wages

from employers who are not eligible for experience rating by dividing the

taxable wages from such employers by the total taxable wages from all employers

who are required to pay special bond contributions;

     (b) Determine the fraction of total taxable wages

from employers who are eligible for experience rating and who have a reserve

ratio of less than zero by dividing the taxable wages from such employers by

the total taxable wages from all employers who are required to pay special bond

contributions;

     (c) Determine the fraction of total taxable wages

from employers who are eligible for experience rating and who have a reserve ratio

that is equal to or greater than the threshold reserve ratio determined

pursuant to subsection 6 of NAC 612.617 by dividing

the taxable wages from such employers by the total taxable wages from all

employers who are required to pay special bond contributions;

     (d) Determine the fraction of total taxable wages

from employers who are eligible for experience rating, who have a reserve ratio

of equal to or greater than zero and who have a reserve ratio that is less than

the threshold reserve ratio determined pursuant to subsection 6 of NAC 612.617 by subtracting the fractions calculated

pursuant to paragraphs (a), (b) and (c) from 1;

     (e) Multiply the bond interest and expenses

contribution rate determined pursuant to subsection 1 by the fraction

determined pursuant to paragraph (a);

     (f) Multiply the bond interest and expenses

contribution rate determined pursuant to subsection 2 by the fraction

determined pursuant to paragraph (b);

     (g) Multiply the bond interest and expenses

contribution rate determined pursuant to subsection 3 by the fraction

determined pursuant to paragraph (c);

     (h) Subtract the results reached pursuant to

paragraphs (e), (f) and (g) from the baseline bond interest and expenses

contribution rate; and

     (i) Divide the result reached pursuant to paragraph

(h) by the fraction determined pursuant to paragraph (d), then round up to the

next one-hundredth of a percent.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

      NAC 612.625  Assessment and determination by Administrator of supplemental

special bond contributions; notice to employers; due date. (NRS 612.220, 612.6132)

     1.  If the State Board of Finance issues

bonds pursuant to NRS 612.6122,

at least 75 days before each payment for bond principal or interest is due, the

Administrator will make the determination required by subsection 4 of NRS 612.6132 and, if necessary, assess

supplemental special bond contributions sufficient to pay all applicable

obligations through April 30 of the immediately succeeding calendar year.

     2.  Employers will not receive experience

credit for the supplemental special bond contributions.

     3.  To determine the supplemental special

bond contribution rate, the Administrator will divide the amount needed to meet

the obligations described in subsection 1 by 95 percent of the total taxable

wages for the most recent 12 months for which data are available.

     4.  To determine the supplemental special

bond contribution charged to each employer who is required to pay special bond

contributions pursuant to subsection 1 of NRS 612.6132, the Administrator

will multiply the supplemental special bond contribution rate described in

subsection 3 by the 12-month total taxable wages for the employer for the most

recent 12 months for which data are available.

     5.  At least 30 days before the Administrator

mails a bill to an employer for a supplemental special bond contribution, the

Administrator will provide notice to the employer concerning the details of the

supplemental special bond contribution.

     6.  The bill for a supplemental special bond

contribution must include, without limitation, the date on which payment is

due. The Administrator will provide a due date that is not less than 31 days

after the date on which the bill is mailed and not more than 75 days after the

date on which the bill is mailed.

     (Added to NAC by Employm’t Security Div. by R039-13,

eff. 10-4-2013)

COLLECTION OF CONTRIBUTIONS

      NAC 612.650  Petition for modification of assessment: Security; hearing

request. (NRS 612.220,

612.670)

     1.  At the time of filing a petition for the

readjustment of an assessment, the employer filing the petition shall furnish

the Division with a security or bond in an amount equal to the amount of

assessed contributions, plus forfeit and accrued interest, if any. The security

or bonds must be payable to the State of Nevada for the use of the Fund, and

state that the employer will pay to the Fund such sums for contributions, forfeit

or interest as may be determined by the Administrator to be due to the Fund

from the employer.

     2.  Security or bonds furnished in accordance

with subsection 1 may be furnished by a surety company qualified to execute

bonds and undertakings within Carson City, Nevada, or by two or more sureties.

Sureties must accompany the obligation with an affidavit that they are each

worth the sums specified over and above all their debts and liabilities

exclusive of property exempt from execution. The deposit of an equivalent

amount of money will be accepted by the Administrator in lieu of written bonds

or obligations.

     3.  If security or bonds filed or deposited

in accordance with subsection 2 are insufficient or if the sureties are not

qualified, new security or bonds may be filed or deposited within a time to be

fixed by the Administrator in each case. Failure to file sufficient security

when ordered in accordance with this subsection is cause for denial of the

right to a hearing on the petition.

     4.  If, by verified petition, the employer

requests a hearing, the hearing will be held at a time to be arranged between

the Administrator and the petitioner, but in any event not later than 30 days

after the date of filing the petition.

     5.  The employer may appear at any hearing

and may be represented by any attorney admitted to practice before the Supreme

Court of the State of Nevada. The Division may be represented by legal counsel.

The Division will present its proof in chief, following which the petitioner

may present his or her proof. The Division has the right to present further

proof by way of rebuttal.

     6.  If an employer files a petition for the

modification of an assessment which does not request a hearing, the

Administrator will proceed to render a decision upon any information furnished

to him or her. The Administrator may consider the notice of levy of assessment

and any other supporting documents which may be offered by the Division, the

verified petition filed by the employer and any supporting documents which the

employer may file at that time.

     [Employm’t Security Dep’t, No. 8 §§ I, II & IV,

eff. 3-29-55]

      NAC 612.660  Petition for modification of assessment: Procedure for hearings. (NRS 612.220, 612.670)

     1.  An employer who petitions for the

modification of an assessment may present any proof, either oral or

documentary, which he or she desires if the proof is pertinent to the issues.

The Division may offer its notice of levy of assessment which is prima facie

proof of the mailing of a notice, the amount of wages paid by the employer,

default in payment, the amount of contribution payable and all forfeit and

interest which may have accrued for the period covered by the assessment, and

may offer any other proof pertinent to the issues.

     2.  Technical rules of evidence do not apply

to any hearing or petition for the modification of an assessment. The Division

has the right to cross-examine witnesses called by the petitioner. The

petitioner has the right to cross-examine witnesses called by the Division.

     3.  The Division, at the conclusion of the

evidence, may present argument in support of the claim, and the petitioner may

thereafter present argument in support of the petition. The Division has the

right to argue in rebuttal. No further argument is allowed.

     4.  The Division will supply, upon

application, to any employer requesting a hearing, subpoenas under seal of the

Division requiring the attendance of witnesses. Written stipulations as to the

facts, signed by the employer or his or her representative and the

representative of the Division, may be accepted and considered conclusive as to

those facts by the Administrator. Fees and mileage for witnesses must be paid

solely at the expense of the party calling the witness. If the employer so

requests, the hearing must be reported and the cost of reporting borne by the

employer.

     5.  When a hearing is requested, the matter

must be heard and determined at the central office of the Division at Carson

City, Nevada, unless, for the convenience of witnesses and others involved, the

Administrator directs that the hearing be held at some other place.

     6.  The Administrator will render a decision

in writing within 30 days after the conclusion of a hearing or within 30 days

after the submission of the matter to him or her if a hearing is not requested.

Notice of the decision and a copy of the decision must be mailed to the

employer at his or her last known address and to the sureties or bondsmen.

     7.  The amount determined to be due in

accordance with the decision is payable to the Division within 20 days after

the mailing of the notice of the decision.

     [Employm’t Security Dep’t, No. 8 §§ III & VVII,

eff. 3-29-55]—(NAC A 6-3-85)—(Substituted in revision for NAC 612.210)

START-UP BUSINESSES FOR VETERANS AND SENIOR CITIZENS

General Provisions

      NAC 612.665  Definitions. (NRS 612.607)  As used

in NAC 612.665 to 612.685,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 612.667, 612.669

and 612.671 have the meanings ascribed to them in

those sections.

     (Added to NAC by Employm’t Security Div. by R128-09,

eff. 4-20-2010)

      NAC 612.667  “Program” defined. (NRS 612.607)  “Program”

means the program established pursuant to NAC 612.673.

     (Added to NAC by Employm’t Security Div. by R128-09,

eff. 4-20-2010)

      NAC 612.669  “Start-up business” defined. (NRS 612.607)  “Start-up

business” means a small business that has been in operation for 6 months or

less.

     (Added to NAC by Employm’t Security Div. by R128-09,

eff. 4-20-2010)

      NAC 612.671  “Veteran” defined. (NRS 612.607)  “Veteran”

has the meaning ascribed to it in 38 U.S.C. § 101(2).

     (Added to NAC by Employm’t Security Div. by R128-09,

eff. 4-20-2010)

Program to Disburse Grants to Nonprofit Private Entities

      NAC 612.673  Establishment of program. (NRS 612.607)  The

Administrator shall establish a program to disburse grants of money to

nonprofit private entities organized under the provisions of chapter 81 or 82 of NRS to be used exclusively to

assist start-up businesses which are at least majority owned and controlled by

one or more veterans or one or more senior citizens.

     (Added to NAC by Employm’t Security Div. by R128-09,

eff. 4-20-2010)

      NAC 612.675  Qualifications required to receive grants. (NRS 612.607)  The

Administrator shall ensure that all loans made under the program are disbursed

by qualified nonprofit private entities. Qualifications must be identified

using information submitted by the nonprofit private entity pursuant to NAC 612.677. In determining whether a nonprofit

private entity is qualified to receive a grant under the program, the

Administrator may consider, without limitation:

     1.  The experience and past performance of

the nonprofit private entity in delivering training and counseling in the areas

of financial services;

     2.  The experience and past performance of

the nonprofit private entity in the management of public funds or loans;

     3.  The ability of the nonprofit private

entity to provide services on a statewide or regional basis;

     4.  Evidence of an established lending

process, including, without limitation, underwriting guidelines and collection

policies and procedures for delinquent accounts;

     5.  The length of time the nonprofit private

entity has been providing financial services to the public or private sector;

and

     6.  The aging of the current loan portfolio

of the nonprofit private entity.

     (Added to NAC by Employm’t Security Div. by R128-09,

eff. 4-20-2010)

      NAC 612.677  Application for grants. (NRS 612.607)

     1.  A nonprofit private entity that applies

for a grant pursuant to the program must do so in the manner prescribed by the

Administrator. The Administrator:

     (a) Shall, at a minimum, require the submission of

the financial statements of the nonprofit private entity for the 3 years

immediately preceding the date of the application; and

     (b) May require the nonprofit private entity to

demonstrate, to the satisfaction of the Administrator, fiduciary

responsibility, principles of accounting practices and fiscal mechanisms

consistent with safeguarding public funds and the public interest.

     2.  Any grant which is awarded to a nonprofit

private entity is subject to audit and review by the Division.

     (Added to NAC by Employm’t Security Div. by R128-09,

eff. 4-20-2010)

      NAC 612.679  Conditions for approval of loans.

(NRS 612.607)

     1.  A nonprofit private entity which

administers the disbursement of money received as a grant pursuant to the

program may approve an individual loan of up to $5,000 to a start-up business

without the approval of the Administrator. The Administrator may waive the loan

limit prescribed in this subsection for a loan not exceeding $10,000.

     2.  A loan may not be made to:

     (a) An applicant for a loan by the person

responsible for approving the loan on behalf of the nonprofit private entity if

the person approving the loan has a dating relationship with the applicant or

is a relative of the applicant within the third degree of consanguinity or

affinity;

     (b) A start-up business owned wholly or in part by

any person who is an employee of the nonprofit private entity or under a

contract of service to the nonprofit private entity; or

     (c) A start-up business which has not complied with

the provisions of chapter 76 of NRS or

which fails to demonstrate compliance with applicable requirements governing

contributions or industrial insurance pursuant to the provisions of chapter 612 or 616C of NRS.

     3.  An applicant for a loan pursuant to this

section must submit to the nonprofit private entity a business plan which

clearly identifies and explains the intended use of the loan in the manner

prescribed by the nonprofit private entity.

     4.  An applicant for a loan may not have more

than one loan which is obtained pursuant to this section and which is in

repayment, except that a borrower who has repaid such a loan pursuant to NAC 612.683 may apply for another loan for the

purposes of expanding the business if the business still qualifies as a

start-up business.

     5.  Any legally organized business entity

which receives a loan from a nonprofit private entity pursuant to this section:

     (a) May use the money for business-related costs,

including, without limitation, costs associated with the start-up of the

business and licensing and permitting; and

     (b) May not, in any manner, use any portion of the

money for expenses commonly considered personal in nature.

     6.  As used in this section, “dating

relationship” has the meaning ascribed to it in NAC 284.0533.

     (Added to NAC by Employm’t Security Div. by R128-09,

eff. 4-20-2010)

      NAC 612.681  Appeal for denial of application for loan. (NRS 612.607)

     1.  A nonprofit private entity which

administers a loan shall establish a process by which an applicant may appeal

the denial of an application for a loan under the program. The appeal process

must provide for the creation of a panel or committee that is responsible for

holding regular meetings in a manner sufficient to ensure the timely resolution

of any appeal filed with the nonprofit private entity.

     2.  Any records relating to an appeal

described in subsection 1 must be made available to the Division for

inspection.

     (Added to NAC by Employm’t Security Div. by R128-09,

eff. 4-20-2010)

      NAC 612.683  Repayment of loan; forgiveness of outstanding balance under

certain circumstances. (NRS 612.607)

     1.  Except as otherwise provided in

subsection 3, both principal and interest on a loan made under the program must

be repaid to the nonprofit private entity not later than 4 years after the date

on which the loan is made. The nonprofit private entity administering the loan

must establish a payment schedule and agreement with the borrower. The schedule

and agreement must provide that:

     (a) The first year of repayment of a loan is free

from interest;

     (b) A loan which is not repaid in full by the end

of the first year is subject to an interest rate of 5 percent simple interest

per annum; and

     (c) The failure of the borrower to repay the

principal and interest on the loan may result in collection proceedings to the

extent allowable under the applicable laws and regulations of this State.

     2.  Any interest earned by the nonprofit

private entity pursuant to subsection 1:

     (a) Must be deposited in a separate account

established and maintained by the nonprofit private entity for the purpose of

administering loans; and

     (b) Must not be commingled with any other money.

     3.  The Administrator may forgive the

outstanding balance of a loan if:

     (a) The Administrator determines that the loan was

not secured either in whole or in part by fraud or misrepresentation of the

borrower;

     (b) The borrower demonstrates an inability to repay

the loan; and

     (c) The recovery of the loan would be against

equity and good conscience, as determined by the Administrator.

     (Added to NAC by Employm’t Security Div. by R128-09,

eff. 4-20-2010)

      NAC 612.685  Reimbursement of administrative costs. (NRS 612.607)

     1.  A nonprofit private entity may be

entitled to reimbursement for administrative costs incurred as a result of

administering a loan under the program, but any such reimbursement must not

exceed 10 percent of the total amount of all grants awarded to the nonprofit

private entity for the purposes of making loans under the program.

     2.  A claim for reimbursement pursuant to

subsection 1 must be made:

     (a) In accordance with generally accepted

accounting principles; and

     (b) On a form prescribed by the Administrator.

     (Added to NAC by Employm’t Security Div. by R128-09,

eff. 4-20-2010)

MISCELLANEOUS PROCEDURES

      NAC 612.700  Advisory opinion: Request; action by Administrator; limitations. (NRS 612.220)

     1.  Except as otherwise provided in

subsection 3, a person may request that the Administrator issue an advisory

opinion concerning the applicability of a statute, regulation or decision of

the Administrator.

     2.  A request for an advisory opinion must be

in writing and set forth:

     (a) The name and address of the person requesting

the advisory opinion;

     (b) A clear and concise statement of the specific

question for which the advisory opinion is being sought; and

     (c) A statement of the facts that support the

advisory opinion being sought.

     3.  A person may not request an advisory

opinion concerning a question or matter that is an issue in a pending

administrative, civil or criminal proceeding in which the person is a party.

     4.  The Administrator will review a request

for an advisory opinion and issue a response within 30 days after receiving the

request.

     5.  An advisory opinion issued by the

Administrator will be limited to the facts and circumstances set forth in the

request.

     6.  An advisory opinion issued by the

Administrator is not binding:

     (a) Upon the Division;

     (b) Upon an appeal tribunal for the purposes of a

review of a determination made by the Division;

     (c) Upon the Board of Review; or

     (d) For the purposes of judicial review.

     (Added to NAC by Employm’t Security Div. by R199-05,

eff. 2-23-2006)

      NAC 612.710  Advisory opinion: Oral response.

(NRS 612.220)  The

Administrator will not render an oral advisory opinion to a request for an

advisory opinion. An oral response, including, without limitation, a response

given over the telephone, by a member of the staff of the Division is not a

decision or an official advisory opinion of the Administrator.

     (Added to NAC by Employm’t Security Div. by R199-05,

eff. 2-23-2006)

      NAC 612.720  Petition for declaratory order: Filing; contents; action by

Administrator. (NRS 612.220)

     1.  Except as otherwise provided in

subsection 3, a person may file a petition with the Administrator requesting

that he or she issue a declaratory order concerning the applicability of a

statute, regulation or decision of the Administrator.

     2.  A petition for a declaratory order must

include:

     (a) The name and address of the petitioner;

     (b) The reason for requesting the declaratory

order;

     (c) A statement of the facts that support the

petition for a declaratory order; and

     (d) A clear and concise statement of the question

or matter to be decided by the Administrator.

     3.  A person may not file a petition for a

declaratory order concerning:

     (a) A question or matter that is an issue in a

pending administrative, civil or criminal proceeding in which the person is a

party; or

     (b) The benefit rights of a claimant, an employer’s

liability with respect to contributions, or a determination of substantially

common ownership, management or control between two or more business entities.

     4.  The Administrator may refuse to review a

petition that requests the issuance of a declaratory order if:

     (a) The original petition is not accompanied by two

copies of the petition; or

     (b) The petition does not contain the information

required by subsection 2.

     5.  The Administrator may:

     (a) Conduct a hearing to determine issues of fact

or to hear arguments relating to a petition for a declaratory order and may

enter reasonable orders that govern the conduct of the hearing.

     (b) Request that the petitioner provide additional

information or arguments relating to the petition.

     (c) Issue a declaratory order based on the contents

of the petition and any material submitted with the petition.

     (d) Consider relevant decisions that have been

issued by the Administrator or any other entity which apply or interpret the

statute, regulation or decision in question.

     (e) Consider any other information he or she

determines is relevant to the question or matter to be decided by the

Administrator.

     (f) Enter any reasonable order to assist his or her

review of the petition.

     6.  The Administrator will maintain a record

of the declaratory order that is indexed by subject matter and will mail a copy

of the declaratory order to the petitioner within 60 days after:

     (a) The petition is filed;

     (b) A hearing is conducted concerning the petition;

or

     (c) Any additional information or written argument

is received by the Administrator,

Ê whichever

occurs later.

     (Added to NAC by Employm’t Security Div. by R199-05,

eff. 2-23-2006)

      NAC 612.730  Petition for adoption, amendment or repeal of regulation: Filing;

contents; action by Administrator. (NRS 612.220)

     1.  Any person who wishes to petition for the

adoption, filing, amendment or repeal of a regulation of the Administrator must

file with the Administrator the original and two copies of the petition.

     2.  A petition for the adoption, filing,

amendment or repeal of a regulation must include:

     (a) The name and address of the petitioner;

     (b) A clear and concise statement, including, if

applicable, the proposed language, of the regulation to be adopted, filed,

amended or repealed;

     (c) The reason for petitioning for the adoption,

filing, amendment or repeal of the regulation; and

     (d) The statutory authority for the adoption,

filing, amendment or repeal of the regulation.

     3.  The Administrator may refuse to act upon

a petition for the adoption, filing, amendment or repeal of a regulation if:

     (a) The original petition is not accompanied by two

copies of the petition; or

     (b) The petition does not contain the information

required by subsection 2.

     4.  The Administrator will notify the

petitioner in writing of a decision with regard to the petition within 30 days

after the petition is filed.

     (Added to NAC by Employm’t Security Div. by R199-05,

eff. 2-23-2006)
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