1. Except as otherwise provided in this section, a person shall not advertise or offer for sale in this State any policies or memberships or solicit or receive any money, subscriptions, applications, premiums, assessments, memberships or any other fee or charge in connection with a proposed association of self-insured public or private employers unless the person has obtained a solicitor’s permit from the Commissioner.
2. To obtain a solicitor’s permit, a person must file a written application with the Commissioner. The application must include:
(a) The name, type and purposes of the association formed or proposed to be formed or financed;
(b) On forms furnished by the Commissioner, for each person associated or to be associated as director, promoter, manager, member of the board or in another similar capacity in the association, or in the formation of the proposed association or in the proposed financing:
(1) His or her name, residential address and qualifications;
(2) His or her business, professional or employment experience for the preceding 10 years; and
(3) A complete set of his or her fingerprints which the Commissioner may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(c) A full disclosure of the terms of all pertinent understandings and agreements existing or proposed among any persons or entities so associated or to be associated, and a copy of each such agreement;
(d) A copy of the articles of incorporation and bylaws of a solicitor, if incorporated;
(e) The plan according to which solicitations are to be made and a reasonably detailed estimate of all administrative and sales expenses to be incurred;
(f) A copy of any certificate proposed to be offered, and a copy of any proposed application therefor;
(g) A copy of any prospectus, offering circular, advertising or sales literature or materials proposed to be used;
(h) Proof of an escrow account and agreement for the deposit of all funds collected during the formation of the association; and
(i) Such additional pertinent information as the Commissioner may reasonably require.
3. The application must be accompanied by a fee of $500 for the filing of the application and for the issuance of the permit, if granted. A solicitor must submit this fee each year thereafter if the solicitor continues to recruit new members for an association.
4. A person who violates subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
5. The provisions of this section do not apply to:
(a) A bona fide trade association that has been in existence for at least 5 years and solicits members of its trade association; or
(b) A person who is employed by:
(1) Current members of an association; or
(2) Employers that are considering membership in an association,
whose primary duties do not include solicitation of potential members of the association.
(Added to NRS by 1995, 1975; A 1997, 576, 1190; 1999, 431; 2003, 2859)
Structure Nevada Revised Statutes
Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage
NRS 616B.009 - Reports required to be made by insurers.
NRS 616B.021 - Files of claims: Accessibility; maintenance; inspection; reproduction.
NRS 616B.024 - Destruction of records.
NRS 616B.040 - Creation; source; investments.
NRS 616B.044 - Authority of successor organization to take credit for reinsurance.
NRS 616B.046 - Disposition of money in Fund on repeal of statutes relating to workers’ compensation.
NRS 616B.228 - Budgeting for premiums and payment of premiums by public employers.
NRS 616B.303 - Standard for insolvency.
NRS 616B.321 - Imposition of fine if self-insured employer fails to pay compensation as ordered.
NRS 616B.324 - Self-insured employer liable for violation by employer’s agent.
NRS 616B.330 - Self-insured employer may appeal decision of Commissioner.
NRS 616B.333 - Disposition of security after termination of status as self-insured employer.
NRS 616B.365 - Board of trustees: Members; duties; prohibited acts.
NRS 616B.388 - Provision of member information upon request.
NRS 616B.398 - Commissioner is attorney-in-fact of association for receipt of initial legal process.
NRS 616B.401 - Merger of associations.
NRS 616B.404 - Statement of financial condition: Filing dates; contents; form; additional reports.
NRS 616B.407 - Calculation of annual assessment paid by each member of association.
NRS 616B.410 - Annual audits; objection to assignment of standard industrial classification.
NRS 616B.413 - Payment of dividends to members of association.
NRS 616B.416 - Plan for payment of annual assessments by members of association.
NRS 616B.419 - Required reserves.
NRS 616B.422 - Insufficient assets to pay compensation due and maintain reserves.
NRS 616B.425 - Order by Commissioner to cease and desist; penalty for violation of order.
NRS 616B.434 - Retention by Commissioner of security deposit in event of termination of association.
NRS 616B.437 - Judicial review of Commissioner’s decision.
NRS 616B.500 - Administration of plan of insurance authorized; conditions.
NRS 616B.503 - Certification by Commissioner required; duties of third-party administrator.
NRS 616B.506 - Imposition of administrative fine for violations; withdrawal of certification.
NRS 616B.5285 - Contracts with providers of health care; prohibited acts.
NRS 616B.529 - Inducements to deny, reduce or delay medically necessary services prohibited.
NRS 616B.545 - "Board" defined.
NRS 616B.563 - "Board" defined.
NRS 616B.603 - Independent enterprises.
NRS 616B.606 - Real estate brokers and salespersons not employers under certain circumstances.
NRS 616B.609 - Devices modifying liability void; exception.
NRS 616B.618 - Applicability to State, political subdivisions and their contractors.
NRS 616B.621 - Applicability to certain trainees enrolled in rehabilitation facilities.
NRS 616B.633 - Applicability to all employers who employ at least one employee.
NRS 616B.636 - Actions at law by employees.
NRS 616B.650 - Election by employer; effect of failure to provide industrial insurance.
NRS 616B.656 - Election by employer of excluded persons.
NRS 616B.662 - Rejection of coverage by employer; relief from payment of premiums.
NRS 616B.673 - Certificate of registration required; expiration; penalty.
NRS 616B.688 - Written agreement regarding employment relationship with leased employees.
NRS 616B.697 - Action for damages for statutory violation.
NRS 616B.717 - Coverage of more than one construction project authorized.
NRS 616B.720 - Contents of contract to provide insurance for program.
NRS 616B.722 - Liability of insurer for payment of compensation.
NRS 616B.732 - Determination of loss experience.
NRS 616B.760 - Creation; membership; terms; vacancies.
NRS 616B.762 - Annual first meeting: Date; election of Chair.
NRS 616B.765 - Duties and powers of Chair.
NRS 616B.767 - Meetings; quorum.
NRS 616B.770 - Compensation of members.
NRS 616B.772 - Filing of grievance; parties to hearing; authority to appeal decision on hearing.
NRS 616B.777 - Timing: Notification of hearing; issuance of decision.
NRS 616B.780 - Hearings open to public; exception.
NRS 616B.782 - Conflict of interest: Appointment of substitute member; waiver; determination.
NRS 616B.785 - Issuance and delivery of decision; notification of right to appeal.
NRS 616B.787 - Appeal of decision to Commissioner.
NRS 616B.850 - Insurer may establish plan to review small employers; objectives of plan.