Nev. Rev. Stat. § 612.265

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 612.265 - Disclosure of information by Employment Security Division and Administrator; duty of Division of Industrial Relations of Department of Business and Industry to provide certain information to Administrator; penalty for improper use or dissemination of certain information; confidential communications

1. Except as otherwise provided in this section and NRS 239.0115, 607.217 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter, any determination as to the benefit rights of any person and any information relating to the contributions paid by an employing unit under this chapter is confidential and may not be disclosed or be open to public inspection in any manner.

2. The Administrator may disclose any confidential information in accordance with the requirements enumerated in 20 C.F.R. Part 603 or any successor regulation and any written guidance promulgated and issued by the United States Department of Labor consistent with 20 C.F.R. Part 603.

3. The Administrator may, in accordance with a cooperative agreement among all participants in the statewide longitudinal data system developed pursuant to NRS 400.037 and administered pursuant to NRS 232.975, make the information obtained by the Division available to:

(a) The Board of Regents of the University of Nevada for the purpose of complying with the provisions of subsection 4 of NRS 396.531; and

(b) The Director of the Department of Employment, Training and Rehabilitation for the purpose of complying with the provisions of paragraph (d) of subsection 1 of NRS 232.920.

4. The Administrator may publish aggregate statistics and information on employers, their type or class of business or industry and the approximate number of employees employed by such employers, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information.

5. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State, another state or the Federal Government may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

6. In response to a request from a court official with subpoena authority, the Administrator shall, in compliance with 20 C.F.R. Part 603, and any other applicable federal laws and regulations governing the Division, furnish the name, address and date of birth of persons who receive benefits in any county or city for use in the selection of trial jurors pursuant to NRS 6.045.

7. The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator, from information in the index of claims established pursuant to NRS 616B.018, a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Upon receipt of that information, the Administrator shall compare the information so provided with the records of the Employment Security Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the Division of Industrial Relations must be in a form determined by the Administrator and must contain the social security number of each such person. If it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency.

8. The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

9. The Administrator, any employee or other person acting on behalf of the Administrator, or any employee or other person acting on behalf of an agency or entity allowed to access information obtained from any employing unit or person in the administration of this chapter, or any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter, is guilty of a gross misdemeanor if he or she:

(a) Uses or permits the use of the list for any political purpose;

(b) Uses or permits the use of the list for any purpose other than one authorized by the Administrator or by law; or

(c) Fails to protect and prevent the unauthorized use or dissemination of information derived from the list.

10. All letters, reports or communications of any kind, oral, written or electronic, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are confidential and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

NRS 612.265

[Part 4:59:1941; A 1945, 119; 1955, 518]-(NRS A 1965, 115; 1967, 627; 1971, 749; 1983, 409, 858; 1987, 1463; 1989, 1170; 1991, 351, 2464, 2466; 1993, 534, 624, 657, 803, 1811; 1995, 579, 1580, 1997; 1997, 579; 1999, 1756; 2003, 20th Special Session, 214; 2007, 2123; 2013, 96, 2210; 2015, 136, 2674, 2705, 2934, 3373; 2017, 3584, 3882, 4327; 2019, 3161; 2021, 1290, 1321, 1471, 2794)

Amended by 2021, Ch. 436,§13, eff. 7/1/2021.

Amended by 2021, Ch. 279,§3, eff. 7/1/2021.

Amended by 2021, Ch. 253,§16, eff. 1/1/2022.

Amended by 2021, Ch. 249,§54, eff. 7/1/2021.

Amended by 2019, Ch. 528,§11, eff. 7/1/2019.

Amended by 2017, Ch. 595,§14, eff. 7/1/2017.

Amended by 2017, Ch. 549,§4.7, eff. 7/1/2017.

Amended by 2017, Ch. 529,§7, eff. 7/1/2017.

Amended by 2015, Ch. 466,§1.5, eff. 10/1/2015.

Amended by 2015, Ch. 521,§10, eff. 7/1/2015.

Amended by 2015, Ch. 487,§80, eff. 7/1/2015.

Amended by 2015, Ch. 457,§12, eff. 7/1/2015.

Amended by 2015, Ch. 28,§11.5, eff. 5/6/2015.

Amended by 2013, Ch. 405,§8.6, eff. 6/3/2013 for the purposes of performing any preparatory administrative tasks and on 1/1/2014 for all other purposes.

Amended by 2013, Ch. 36,§3, eff. 5/21/2013.