reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › FEE FOR CERTAIN FUELS AND HEATING OIL › Section 590.810 - Provision of refund or credit for exportation

Current through June 11, 2024
1. The
			 fee imposed by
			 NRS
			 590.840 that is paid for a petroleum product
			 may be refunded, or a credit may be given, upon proper application and proof
			 that the product was exported from this State. A credit or refund will only be
			 given to the exporter of record. Any refund must be applied for within 3 months
			 after the date of exportation.
2. A
			 dealer in, or supplier or exporter of, petroleum products who is not licensed
			 in this State pursuant to
			 NRS
			 365.270 or
			 366.220
			 must submit with his or her application for a refund:
(a) An invoice of the original purchase which
			 indicates the fee was paid to his or her vendor; and
(b) Proof that the product was exported,
before the fee will be refunded.
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › Section 598.Sec. 2 - NEW

Current through June 11, 2024
"Complaint and order to show cause" means an order to show cause
			 and a statement of the charges issued by the Commissioner or Attorney General
			 pursuant to subsection 1 of
			 NRS
			 598.0971 directed to a person to show cause
			 why the hearing officer should not order the person to cease and desist from
			 engaging in a deceptive trade practice.
Added
			 to NAC by Comm'r of Consumer Affairs by
			 R058-22A,
			 eff. 6/4/2024
NRS
				598.0967
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › Section 598.Sec. 3 - NEW

Current through June 11, 2024
"Notice of intended action and order to show cause" means a
			 notification and order to show cause issued by the Unit pursuant to subsection
			 3 of NAC 598.136 directed to a person to
			 show cause why the Unit should not take action against the security on deposit
			 with the Unit and held in trust for consumers injured by the bankruptcy of the
			 person or breach of an agreement entered into by the person in his or her
			 capacity as a registrant pursuant to
			 NRS
			 598.506,
			 598.854 or
			 598.9474.
Added
			 to NAC by Comm'r of Consumer Affairs by
			 R058-22A,
			 eff. 6/4/2024
NRS
				598.506,
				598.525,
				598.854,
				598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › Section 598.Sec. 4 - NEW

Current through June 11, 2024
1.
		  The cost of conducting an investigation or audit pursuant to this chapter or
		  chapter 598 of NRS is the actual cost of conducting the investigation or audit,
		  as determined by the Director, not to exceed $50 per hour.
2. The cost of conducting a hearing pursuant
		  to this chapter or chapter 598 of NRS is the actual cost of conducting the
		  hearing, as determined by the Director, not to exceed $50 per hour.
3. For the purposes of
		  NRS
		  598.0971:
(a) The charges for the rental of a hearing
		  room shall be deemed to be the actual charges incurred by the Unit for the
		  rental of the room used or reserved for the hearing.
(b) The charges for providing an independent
		  hearing officer shall be deemed to be the actual fees and costs charged by the
		  independent hearing officer.
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › Section 598.Sec. 5 - NEW

Current through June 11, 2024
A registrant shall notify the Unit in writing within 10 days
			 after ceasing to operate.
Added
			 to NAC by Comm'r of Consumer Affairs by
			 R058-22A,
			 eff. 6/4/2024
NRS
				598.515,
				598.525,
				598.8541,
				598.9476
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › Section 598.Sec. 6 - NEW

Current through June 11, 2024
1.
		  A notice of intended action and order to show cause issued pursuant to
		  subsection 3 of NAC
		  598.136 must be served upon the
		  respondent:
(a) Directly, by certified or
		  registered mail, return receipt requested, or in any other manner permitted by
		  the Nevada Rules of Civil Procedure for the service of process in civil
		  actions.
(b) At least 10 calendar
		  days before the date of the hearing, unless the requirement that service be
		  made within that time is waived by the respondent.
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › Section 598.Sec. 7 - NEW

Current through June 11, 2024
1.
		  The hearing officer may, at his or her discretion, order a prehearing
		  conference to accomplish one or more of the following purposes:
(a) Formulate or simplify the issues involved
		  in the hearing.
(b) Obtain
		  admissions of fact or documents.
(c) Arrange for the exchange of proposed
		  exhibits or prepared expert testimony.
(d) Limit the number of witnesses.
(e) Establish any other procedure or
		  determine any other matters which may expedite the orderly conduct and
		  disposition of the proceedings or settlements thereof.
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › Section 598.Sec. 8 - NEW

Current through June 11, 2024
A registrant shall notify the Unit in writing of any claim filed
			 against the security of the registrant. The notice must include, without
			 limitation:
1. The name and address of
		  the person who filed the claim;
2.
		  The date the claim was filed;
3.
		  The amount of the claim; and
4.
		  Whether the claim has been paid.
Added
			 to NAC by Comm'r of Consumer Affairs by
			 R058-22A,
			 eff. 6/4/2024
NRS
				598.506,
				598.525,
				598.854,
				598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › ESCROW OF ACCOUNTS FOR THE SALE OF MOBILE HOMES › Section 598.010 - Escrow accounts: Establishment; deposits; exceptions

Current through June 11, 2024
1. A dealer in mobile homes shall establish
			 an escrow account by not later than the close of business on the fourth
			 business day after a purchaser signs a purchase order, conditional sales
			 contract or security agreement.
2.
			 The dealer shall deposit any initial payment which he or she receives into the
			 escrow account at the time the escrow account is established. The dealer shall
			 deposit any subsequent payment which he or she receives, including the proceeds
			 of a conditional sales contract or other security agreement, into the escrow
			 account not later than the close of business on the first business day after
			 receiving the payment.
3.
			 Subsection 1 does not apply to the sale or exchange of a mobile home between
			 licensed dealers if the mobile home is part of the inventory of one of the
			 licensed dealers.
4. Subsection 1
			 does not imply that a certificate of ownership for a mobile home must be
			 delivered to the purchaser through escrow as a condition of escrow. However, a
			 release or consent executed by any holder of a prior right, title or interest
			 in the mobile home must be obtained as a condition of escrow.
Mfd. Housing Div.,
				Escrow Accounts Reg. §§ 2.1-2.3, eff.
				12-30-81
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › ESCROW OF ACCOUNTS FOR THE SALE OF MOBILE HOMES › Section 598.020 - Date of opening of account

Current through June 11, 2024
1. If a dealer
			 mails to an escrow agent, by certified mail, a purchaser's deposit and such
			 information as the agent needs to open an escrow account, the mailing shall be
			 deemed sufficient for compliance with the statutory requirement for opening an
			 escrow account. The postmark date is determinative of the date of the
			 opening.
2. When a dealer makes a
			 deposit directly with an escrow agent, the date of the agent's receipt of the
			 deposit is determinative of the date of the opening of the escrow
			 account.
Mfd. Housing Div.,
				Escrow Accounts Reg. § 2.5, eff.
				12-30-81
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › ESCROW OF ACCOUNTS FOR THE SALE OF MOBILE HOMES › Section 598.030 - Escrow instructions

Current through June 11, 2024
1. The escrow
			 instructions must prescribe the disposition of the purchaser's payments upon
			 the close or termination of escrow.
2. A copy of the completed and signed escrow
			 instructions must be retained by the dealer. The original signed escrow
			 instructions and any amendments thereto must be retained by the escrow
			 agent.
3. The escrow instructions
			 must include:
(a) The names, addresses and
			 signatures of the dealer, the purchaser, and the seller, if other than the
			 dealer.
(b) The name and address of
			 the lienholder, if any, of the mobile home.
(c) The name, address and telephone number of
			 the escrow agent.
(d) A description
			 of any payment to be deposited.
(e)
			 The purchase price of the mobile home.
(f) A description of the mobile home being
			 sold to the purchaser by the dealer. The description must include:
(1) The manufacturer's name;
(2) The trade name, if any;
(3) The size of the mobile home;
			 and
(4) The year in which the
			 mobile home was manufactured.
(g) The specific address or location where
			 the purchaser will accept delivery of the mobile home.
(h) The method by which the purchaser will
			 take delivery of the mobile home and the documentation required to evidence
			 that delivery. The instructions must specify which of the following forms of
			 documentation must be used:
(1) A statement,
			 signed by the purchaser, that delivery has been received; or
(2) A statement, signed by the dealer, that
			 the mobile home has been delivered to the purchaser or that delivery has been
			 offered to the purchaser in accordance with their agreement and he or she is
			 free to occupy the mobile home to the exclusion of the dealer.
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › ESCROW OF ACCOUNTS FOR THE SALE OF MOBILE HOMES › Section 598.040 - Release of money before close of escrow

Current through June 11, 2024
No money may be released from an escrow account before the
				close of the escrow except to the manufacturer of the mobile home or another
				person or entity with whom the purchaser has contracted to provide improvements
				to the mobile home, when:
1. The
			 purchase agreement and escrow instructions contain:
(a) The name of the manufacturer or other
			 person or entity;
(b) A description
			 of the work to be done; and
(c) A
			 statement of the amount of money to be released;
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › ESCROW OF ACCOUNTS FOR THE SALE OF MOBILE HOMES › Section 598.050 - Closure of account

Current through June 11, 2024
1. Before the close
			 of escrow, the dealer shall provide the escrow agent the serial number of the
			 mobile home being sold to the purchaser.
2. The escrow account terminates:
(a) When all the requirements of the escrow
			 instructions have been met; or
(b)
			 When a written agreement of the parties to the escrow requires a termination
			 and the terms of the agreement do not conflict with NAC 598.010 to 598.060,
			 inclusive.
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › ESCROW OF ACCOUNTS FOR THE SALE OF MOBILE HOMES › Section 598.060 - Records

Current through June 11, 2024
1. Escrow agents shall maintain records of
			 their handling of all escrow accounts for mobile homes. These records must
			 include copies of the escrow documents and must be retained for at least 4
			 years. These records are subject to audit by authorized representatives of the
			 Manufactured Housing Division.
2.
			 Dealers shall maintain records to show their handling of the sales of mobile
			 homes. These records must include copies of the escrow documents and must be
			 retained for at least 4 years. These records are subject to audit by authorized
			 representatives of the Manufactured Housing Division.
Mfd. Housing Div.,
				Escrow Accounts Reg. §§ 2.9 & 2.10, eff.
				12-30-81
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.100 - Definitions

Current through June 11, 2024
As used in NAC
				  598.100 to
				  598.172, inclusive, sections 2 to
				  8, inclusive, unless the context otherwise requires, the words and terms
				  defined in NAC
				  598.101 to
				  598.109, inclusive, sections 2
				  and 3 have the meanings ascribed to them in those sections.
Added to NAC by Comm'r
				  of Consumer Affairs, eff. 10-20-92; A 1-24-96; R122-98, 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854 and
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.101 - "Claim" defined

Current through June 11, 2024
"Claim" means a written demand by a person, made under
				  penalty of perjury, against the security posted by a registrant.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99
NRS
					 598.0967,
					 598.731
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.1015 - "Claimant" defined

Current through June 11, 2024
"Claimant" means a person who has filed a claim with the
				  Unit.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.102 - "Commissioner" defined

Current through June 11, 2024
"Commissioner" means the Commissioner of Consumer Affairs.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.1025 - "Complainant" defined (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; R by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.103 - "Complaint" defined

Current through June 11, 2024
"Complaint" means a written or oral statement of facts made
				  by a person that provides evidence that a registrant has been engaged or is
				  engaging in a deceptive trade practice.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99
NRS
					 598.0967,
					 598.731
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.1035 - "Deceptive trade practice" defined

Current through June 11, 2024
"Deceptive trade practice" has the meanings ascribed to it in
				  NRS
				  598.0915 to
				  598.0925,
				  inclusive.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99
NRS
					 598.0967,
					 598.731
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.104 - "Director" defined

Current through June 11, 2024
"Director" means the Director of the Department of Business
				  and Industry.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99
NRS
					 598.0967,
					 598.731
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.1045 - "Division" defined (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; R by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.105 - "Hearing officer" defined

Current through June 11, 2024
"Hearing officer" means the Director or a person designated
				  by the Director to conduct a hearing.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.1055 - "Intervener" defined

Current through June 11, 2024
"Intervener" means a person who has been granted leave to
				  intervene in a proceeding pursuant to NAC 598.134.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99
NRS
					 598.0967,
					 598.731
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.106 - "Order to show cause" defined (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; R by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.107 - "Registrant" defined

Current through June 11, 2024
"Registrant" means a person or entity who has registered with
				  the Unit pursuant to NRS 598.471,
				  598.852 or
				  598.944.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.471,
					 598.525,
					 598.852,
					 598.944
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.108 - "Respondent" defined

Current through June 11, 2024
"Respondent" means any natural person or business entity
				  required to respond to a proceeding before the hearing
				  officer.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.109 - "Security" defined

Current through June 11, 2024
"Security" means a bond, irrevocable letter of credit or
				  certificate of deposit that is deposited with the Unit pursuant to
				  NRS
				  598.495,
				  598.853 or
				  598.9472.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.110 - Informal resolution of complaint through memorandum of understanding (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				  of Consumer Affairs, eff. 10-20-92; R by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › General Provisions › Section 598.115 - Disclosure of information by Commissioner

Current through June 11, 2024
In addition to the information that may be disclosed pursuant
				  to NRS
				  598.098, the Commissioner or Director may
				  disclose:
1. The total number of
				complaints received by the Unit on a day specified by the person who requested
				the information; and
2. The number
				of complaints that are currently under investigation and the number of
				complaints that have been resolved by the Unit.
Added to NAC by Comm'r
				  of Consumer Affairs, eff. 1-24-96; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.120 - Applicability of provisions

Current through June 11, 2024
The provisions of NAC
				  598.120 to
				  598.172, inclusive:
1. Apply to any hearing authorized to be
				conducted by the hearing officer pursuant to chapter 598 of NRS, including, but
				not limited to, a hearing to show cause regarding an order to cease and desist
				held pursuant to subsection 1 of
				NRS
				598.0971 and a hearing to determine the
				distribution of security to claimants held pursuant to
				NRS
				598.506,
				598.854 or
				598.9474; and
2. Do not preclude the commencement or
				pursuit of any additional remedies by the Unit or Attorney General.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.122 - Provisions construed

Current through June 11, 2024
The provisions of NAC
				  598.120 to
				  598.172, inclusive, must be
				  liberally construed to secure a just, speedy and economical determination of
				  all issues before the Unit and to carry out the purposes of chapter 598 of
				  NRS.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.124 - Correspondence to Division

Current through June 11, 2024
All claims, requests for a hearing and other correspondence
				  regarding a hearing must be addressed to the Department of Business and
				  Industry, Consumer Affairs Unit at the Unit's physical address provided on the
				  Internet website of the Unit.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.126 - Appearance and representation of party

Current through June 11, 2024
1. A party is
				entitled to appear in person or to be represented by an attorney.
2. If a party is represented by an attorney
				at any proceeding, the attorney must be admitted to practice in this state and
				be in good standing before the highest court of this state.
3. If the attorney is not admitted to
				practice in this state, he or she must be associated with an attorney admitted
				to practice in this state.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99
NRS
					 598.0967,
					 598.731
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.128 - Service of process upon attorney

Current through June 11, 2024
1. Following the
				entry of an appearance by an attorney for a party, all notices, pleadings and
				orders served thereafter must be served upon the attorney.
2. Such service is considered valid service
				for all purposes upon the party represented.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99
NRS
					 598.0967,
					 598.731
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.130 - Withdrawal of attorney

Current through June 11, 2024
An attorney of record withdrawing from the representation of
				  a party appearing in a proceeding before the hearing officer shall immediately
				  give written notice of his or her withdrawal to:
1. The hearing officer;
2. The party whom the attorney of record
				represented; and
3. Any other
				parties to the proceeding.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.132 - Conduct of parties

Current through June 11, 2024
1. All persons
				appearing in or attending a proceeding before the hearing officer shall conduct
				themselves in a respectful manner.
2. If the behavior of a person interferes
				with the orderly conduct of the hearing, the hearing officer may order the
				person to cease the improper behavior. Such an order must be made part of the
				record.
3. If the improper behavior
				continues or resumes, the hearing officer may exclude the person from the
				hearing.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.134 - Interveners

Current through June 11, 2024
1. A person other than the original parties
				to the proceeding, who believes that he or she may be directly and
				substantially affected by the proceeding, may seek an order for leave to
				intervene in the proceeding by filing a written motion to intervene with the
				hearing officer.
2. The granting of
				leave to intervene or otherwise appear in any matter or proceeding is not
				construed to be a finding or determination that the person will or may be a
				party aggrieved by any ruling, order or decision of the hearing officer for the
				purposes of judicial review.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.136 - Audit by Division; determination regarding action against security of registrant

Current through June 11, 2024
1. Upon receiving a
				claim, the Unit may conduct an audit to determine whether the claimant is
				entitled to recover against the security of the registrant.
2. After the Unit has completed its audit,
				the Unit may schedule a hearing.
3.
				If the Unit decides that it will take action against the security of the
				registrant, the Unit will notify the registrant at least 10 days before the
				date set for the hearing and request the registrant to appear and show cause
				why the Unit should not take the intended action.
4. If the Unit decides that it will not take
				action against the security of the registrant on behalf of the claimant, the
				Unit will notify the claimant at least 10 days before the date set for the
				hearing and request the claimant to appear and show cause why the Unit should
				not decline to take action.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.138 - Priority of claims

Current through June 11, 2024
1. Except as
				otherwise provided by law, each claim against the security of a registrant has
				equal priority.
2. If the security
				of a registrant is insufficient to pay in full all claims against the
				registrant, claims must be paid on a pro rata basis.
3. Acceptance by a claimant of any payment of
				a claim on a pro rata basis does not preclude the claimant from bringing an
				action against the registrant for any money that was not recovered.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99
NRS
					 598.0967,
					 598.731
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.140 - Order to show cause: Service; contents

Current through June 11, 2024
1. A complaint and
				order to show cause issued pursuant to
				NRS
				598.0971 must be served upon the respondent:
(a) Directly or by certified or registered
				mail, return receipt requested, or in any other manner permitted in the Nevada
				Rules of Civil Procedure for service of process in civil actions.
(b) At least 10 calendar days before the date
				of the hearing, unless the requirement that service be made within that time is
				waived in writing by the respondent.
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.142 - Order to show cause: Form (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; R by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.144 - Order to show cause: Answer; objections to form

Current through June 11, 2024
1. A party who
				wishes to contest a notice of intended action and order to show cause or a
				complaint and order to show cause may file an answer with the Unit or Attorney
				General within 10 calendar days after the day the notice of intended action and
				order to show cause or the complaint and order to show cause, as applicable, is
				received. The answer must:
(a) Be in
				writing;
(b) Admit or deny each
				allegation; and
(c) State any facts
				constituting a defense to the allegations.
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.146 - Subpoenas; fees and expenses of witnesses

Current through June 11, 2024
1. Before a
				hearing, or during a hearing if good cause is shown, the Commissioner, hearing
				officer or the Attorney General may issue subpoenas and subpoenas duces
				tecum.
2. The Commissioner or
				hearing officer may issue subpoenas and subpoenas duces tecum at the written
				request of a party.
3. Subpoenas
				may only be issued to require the attendance of a witness at a place in this
				state that has been designated as a place to give oral testimony before the
				hearing officer.
4. Subpoenas must
				not be issued in blank.
5. A
				request for the issuance of a subpoena submitted for issuance must contain:
(a) The title and identifying number of the
				case;
(b) The name of the person to
				whom it will be directed;
(c) The
				date, time and place of the hearing; and
(d) The name and signature of the requesting
				party or his or her attorney.
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.148 - Affidavits (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; R by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.150 - Inspection and copies of documents

Current through June 11, 2024
A party to a hearing may request a copy of any document that
				  may be considered by the hearing officer, which may be provided in an
				  electronic format at the discretion of the hearing officer. If a copy of the
				  document is not provided in an electronic format, the hearing officer may
				  collect a fee for the copy in the amount of 25 cents per
				  page.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.152 - Stipulations

Current through June 11, 2024
1. With the approval of the hearing officer,
				the parties may stipulate as to any fact at issue. Such a stipulation is
				binding upon all parties to the stipulation and may be regarded as evidence at
				the hearing.
2. Notwithstanding the
				existence of a stipulation, the hearing officer may require proof of the
				existence of the facts that are the subject of the stipulation.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99
NRS
					 598.0967,
					 598.731
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.154 - Continuances

Current through June 11, 2024
After a hearing has commenced, the hearing may be continued
				  by the hearing officer upon his or her own motion or, if good cause is shown,
				  upon the request of a party.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99
NRS
					 598.0967,
					 598.731
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.156 - Presiding hearing officer

Current through June 11, 2024
1. The Director may
				designate a person to act as hearing officer.
2. The decision of the hearing officer is
				subject to review and approval by the Director.
3. If the Director designates a person to act
				as hearing officer, the Director retains the right, at any time, to assume
				responsibility for presiding over the hearing, and any authority granted to a
				hearing officer in NAC
				598.120 to
				598.172, inclusive, is also
				granted to the Director.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.158 - Authority and duties of hearing officer

Current through June 11, 2024
The hearing officer conducting a hearing shall:
1. Call the hearing to order and note the
				appearances of the parties who are present;
2. Ascertain whether the persons commanded to
				appear under subpoena are present, and whether the documents, books, records
				and other evidence requested by subpoena are present in the hearing
				room;
3. Ascertain whether a copy
				of the notice of intended action and order to show cause or the complaint and
				order to show cause, whichever is applicable, has been served on the
				appropriate parties;
4. Hold
				appropriate conferences before or during the hearing;
5. Rule on any procedural matter;
6. Rule on the admissibility of evidence and
				receive evidence;
7. Rule on the
				admissibility of any amendments to the notice of intended action and order to
				show cause or the complaint and order to show cause, as applicable;
8. Act upon any pending motions, petitions or
				applications that do not involve a final determination of the
				proceeding;
9. Issue appropriate
				interim orders;
10. Recess or
				continue the hearing as necessary;
11. Set reasonable limitations on the time
				for presentation of oral testimony;
12. Administer the oath to all persons whose
				testimony will be taken;
13.
				Ascertain whether a party desires to have a witness excluded from the hearing
				room until the witness is called to testify; and
14. Make proposed findings of fact, opinions
				and conclusions of law.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.160 - Method of recording hearing

Current through June 11, 2024
The hearing must be recorded using equipment for recording
				  sound or, if a party so requests and pays the costs thereof, may be reported by
				  a court reporter certified pursuant to chapter 656 of NRS.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.162 - Failure to appear

Current through June 11, 2024
If a respondent who has been served with a proper notice of a
				  hearing fails to appear at the hearing, and a continuance of the hearing has
				  not been requested and granted:
1. The
				failure to appear by the respondent may be entered in the record;
2. Evidence may be heard and considered;
				and
3. The matter may be considered
				and disposed of on the basis of the evidence before the hearing officer in the
				manner required by this section or a default judgment may be entered against
				the respondent without further notice.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.166 - Review of order; entry of final order; filing of petition for judicial review (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; R by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.168 - Retention of record of hearing; availability of copy

Current through June 11, 2024
The stenographic record or sound recording of a hearing will
				  be retained for 90 days after the date of the decision and order, at which time
				  it will be destroyed or reused, unless a petition for judicial review has been
				  filed pursuant to chapter 233B of NRS. A copy of the sound recording will be
				  made available to a party upon request.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.170 - Copies of transcript

Current through June 11, 2024
1. A party may
				purchase a copy of the transcript of a hearing from the official certified
				court reporter upon payment of the costs and fees charged by the official court
				reporter for preparing the transcript.
2. A party who files a petition for judicial
				review pursuant to chapter 233B of NRS may purchase a copy of the transcript of
				the hearing at an amount equivalent to the costs or fees charged by the
				official reporter for preparing the transcript.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.172 - Payment to Division of costs, fees, fines, penalties, charges or restitution

Current through June 11, 2024
Payment of any costs, fees, fines, penalties, charges or
				  restitution authorized by statute or regulation to be collected by the Unit or
				  Attorney General, or ordered by the hearing officer to be paid by a party
				  pursuant to NRS
				  598.0903 to
				  598.0999, inclusive, or any
				  regulation must be made by cashier's check, money order, other certified
				  instruments or any method of electronic transfer of money allowed by the Unit
				  or Attorney General, if required, payable to the Unit or Attorney
				  General.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.174 - Rehearing (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; R by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › COMPARATIVE PRICE ADVERTISING › General Provisions › Section 598.200 - Definitions

Current through June 11, 2024
As used in NAC 598.200 to 598.290, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 598.210 to
				  598.250, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by Dep't
				  of Commerce, eff. 10-29-93
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › COMPARATIVE PRICE ADVERTISING › General Provisions › Section 598.210 - "Advertisement" defined

Current through June 11, 2024
"Advertisement" means the attempt by publication,
				  dissemination, solicitation or circulation to induce, directly or indirectly,
				  any person to enter into any obligation or to acquire any title or interest in
				  any property.
Added to NAC by Dep't
				  of Commerce, eff. 10-29-93
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › COMPARATIVE PRICE ADVERTISING › General Provisions › Section 598.220 - "Assertion of price" defined

Current through June 11, 2024
"Assertion of price" means any declaration, statement, word,
				  symbol or other representation which:
1. Is made by or on behalf of a person who
				offers for sale any product in the marketplace;
2. Is intended to influence a choice by a
				buyer or consumer; and
3. Makes
				reference to a comparison of prices between the seller and a competitor based
				on a survey of the prices of the products of the seller and the prices of the
				products of a particular competitor specified in the advertisement and states
				or infers:
(a) That a category of products or
				a combination of products offered by the seller is less expensive overall than
				the products of the competitor; and
(b) That the results obtained from the survey
				of prices of products included in the sample used in the survey is
				representative of products not included in the survey.
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › COMPARATIVE PRICE ADVERTISING › General Provisions › Section 598.240 - "Product" defined

Current through June 11, 2024
"Product" means all goods, tangible or intangible, and
				  services of any nature which are used for personal, family or household
				  purposes.
Added to NAC by Dep't
				  of Commerce, eff. 10-29-93
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › COMPARATIVE PRICE ADVERTISING › General Provisions › Section 598.250 - "Seller" defined

Current through June 11, 2024
"Seller" means a natural person, any form of business or
				  social organization, and any other nongovernmental legal entity, including, but
				  not limited to, a corporation, partnership, association or trust, that sells or
				  contracts to sell a product.
Added to NAC by Dep't
				  of Commerce, eff. 10-29-93
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › COMPARATIVE PRICE ADVERTISING › Advertisement Containing Assertion of Price › Section 598.260 - Required disclosure; basis for comparison; substantiation; temporary lowering of price to distort survey prohibited

Current through June 11, 2024
1. An advertisement
				containing an assertion of price must clearly and distinctly disclose the date
				on which the comparison of prices was made, the method used in comparing
				prices, and the name of the seller or other person representing the seller who
				performed the survey of prices and who will substantiate the assertion of price
				upon request pursuant to subsection 3.
2. An assertion of price in an advertisement
				must be based on a comparison of the shelf, sticker or tag price of the
				products being compared or other evidence that the price being compared was in
				existence on the date of the comparison.
3. Upon the timely request of the
				Commissioner or any other person, including a competitor mentioned in the
				advertisement containing an assertion of price, information substantiating the
				assertion of price must be provided by the seller making the assertion or an
				independent representative of the seller who is qualified to conduct a
				comparison of prices based on a survey of the prices of products of the seller
				and prices of products of a competitor. A request is timely if made within the
				period prescribed for maintaining written documentation pursuant to subsection
				4.
4. The information
				substantiating an assertion of price must include:
(a) The date that the comparison of prices
				was performed;
(b) The location of
				the stores of the seller and the competitor specified in the advertisement
				where the prices were compared;
(c)
				A list specifying the products and the prices of the products compared in the
				stores of the seller and the competitor; and
(d) Any additional information required by
				the Commissioner.
The seller shall maintain for not less than 1 year after
				  making an assertion of price, written documentation containing the information
				  specified in paragraphs (a), (b) and (c).
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › COMPARATIVE PRICE ADVERTISING › Advertisement Containing Assertion of Price › Section 598.270 - Basis for assertion

Current through June 11, 2024
A seller shall not make an assertion of price in an
				  advertisement unless:
1. The
				comparison of prices is based on a reliable and trustworthy survey;
2. The seller can substantiate the price of
				the products in the marketplace at the time the comparison of products was
				made; and
3. Each product of the
				competitor being compared in the survey is the same or comparable in all
				material respects in grade, content, weight, quality, quantity and
				substance.
Added to NAC by Dep't
				  of Commerce, eff. 10-29-93