reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 119A - TIME SHARES › EDUCATION › Section 119A.380 - Qualifications for instructors

Current through June 11, 2024
A qualified instructor must:
1. Have a good reputation for honesty,
				  integrity and trustworthiness.
2.
				  Have a combination of education and experience in the field of real estate,
				  time shares or business as follows:
(a) A
				  college degree in business, economics, real estate or a related area plus 1
				  year of practical experience in a related area;
(b) Two years of college courses in business,
				  real estate, economics or education plus 2 years of practical experience in a
				  related area;
(c) Five years of
				  full-time practical experience in a related area; or
(d) Proof of appropriate training and
				  knowledge sufficient to instruct such course subjects as deemed acceptable by
				  the Administrator.
Nevada Administrative Code › Chapter 119A - TIME SHARES › EDUCATION › Section 119A.385 - Approval of course in continuing education

Current through June 11, 2024
1. The
				  application for the approval of a course in continuing education must be
				  submitted to the Administrator on a form provided by the
				  Administrator.
2. The Administrator
				  will not give retroactive approval for a course.
3. The criteria used by the Administrator in
				  evaluating a course will consist of, but are not limited to:
(a) The qualifications of the
				  instructor;
(b) The materials for
				  the courses that are offered;
(c)
				  The adequacy of the documentation of the student's attendance provided to the
				  Administrator and the records maintained by the instructor; and
(d) Whether course evaluations by persons who
				  attended the course are provided.
Nevada Administrative Code › Chapter 119A - TIME SHARES › EDUCATION › Section 119A.390 - Reapproval of courses; withdrawal or denial of approval

Current through June 11, 2024
1. The instructor must apply for reapproval
				  of the course on a form provided by the Administrator at least 2 weeks before
				  the expiration of the previous approval. If the instructor fails to do so, he
				  or she must apply for an original approval if he or she wishes to continue to
				  offer the course.
2. Each of the
				  following acts and conditions is a ground for withdrawal of approval or denial
				  of reapproval:
(a) The poor quality of the
				  curriculum or instruction, as demonstrated by an evaluation of the course
				  prepared by the students or an employee of the Division.
(b) The instructor's failure to notify the
				  Administrator regarding any material change in the course.
(c) The instructor's failure to supervise
				  strictly the attendance of students.
Nevada Administrative Code › Chapter 119A - TIME SHARES › EDUCATION › Section 119A.395 - Continuing education: Standards for renewal of license

Current through June 11, 2024
1. The license of a sales agent will not be
				  renewed unless he or she submits proof of having completed 6 hours of
				  continuing education.
2. The
				  Administrator will accept only those courses that have been approved as meeting
				  the requirements for continuing education as set forth in this
				  chapter.
3. The continuing
				  education must be completed during the 2-year period preceding the date of
				  renewal of his or her license.
4. A
				  course may not be taken for credit more than once unless the material in the
				  course has been significantly changed or updated.
5. A licensee may receive credit for courses
				  in continuing education if he or she teaches an approved course. The credit
				  will be given only once for teaching the course. The licensee must submit proof
				  that he or she taught the course during the applicable period of
				  licensing.
6. The Administrator
				  will not accept more than 7 hours of credit for courses in continuing education
				  for each day of instruction.
Added to NAC by Real Estate Div.,
				  eff. 12-3-84
NRS
				  119A.190,
				  119A.210
Nevada Administrative Code › Chapter 119A - TIME SHARES › EDUCATION › Section 119A.400 - Continuing education: Standards for courses

Current through June 11, 2024
1. A
				  course, in order to qualify for credit for continuing education, must contain:
(a) Current information on real estate or
				  time-share subjects which will improve the professional knowledge of the
				  licensee and enable him or her to give better service to the public;
				  or
(b) Information that relates to
				  pertinent laws and regulations of Nevada.
Nevada Administrative Code › Chapter 119A - TIME SHARES › MANAGEMENT OF TIME-SHARE PROJECT › Section 119A.450 - Form for registration as manager

Current through June 11, 2024
1. A form for
				  registration submitted pursuant to
				  NRS
				  119A.532 by a person who wishes to engage in
				  the business of, act in the capacity of, advertise or assume to act as a
				  manager of a project located in this State must be:
(a) Completed personally by the person who
				  wishes to register. A member of the Commission or employee of the Division may
				  not prepare a form for registration on behalf of a person who wishes to
				  register.
(b) Accompanied by the
				  fees prescribed by the Division.
(c) Except as otherwise provided in
				  subsection 3, accompanied by satisfactory evidence, acceptable to the Division,
				  that the person who wishes to register and his or her employees have obtained
				  fidelity bonds, insurance policies or cash deposits deemed comparable by the
				  Division for the benefit of the association or, if there is no association, the
				  owners.
Nevada Administrative Code › Chapter 119A - TIME SHARES › MANAGEMENT OF TIME-SHARE PROJECT › Section 119A.460 - Disclosure statement for certain managers

Current through June 11, 2024
The disclosure statement required by
				  NRS
				  119A.534 must be submitted on a form
				  prescribed by the Division and must contain:
1. A schedule of fees to be paid to the
				  manager or an affiliate of the manager for the resale of any time shares for
				  the purposes of paragraph (a) of subsection 1 of
				  NRS
				  119A.534;
2. A written policy concerning the procedures
				  for billing and collecting assessments and for the foreclosure of liens for the
				  purposes of paragraph (b) of subsection 1 of
				  NRS
				  119A.534;
3. A description of any exchange program that
				  is not operated by a third-party vendor of an exchange program or of a rental
				  program offered by the manager or an affiliate of the manager and any fees to
				  be paid to the manager or an affiliate of the manager of such a program for the
				  purposes of paragraph (c) of subsection 1 of
				  NRS
				  119A.534; and
4. Any use of the names of the members of the
				  association and other information collected by the manager regarding the
				  members for purposes that are unrelated to the duties of the association,
				  including, without limitation, payment history, address, telephone number and
				  social security number, for the purposes of paragraph (d) of subsection 1 of
				  NRS
				  119A.534.
Added to NAC by Real Estate Div.
				  by R135-01, eff. 12-13-2001
NRS
				  119A.190,
				  119A.534
Nevada Administrative Code › Chapter 119A - TIME SHARES › MANAGEMENT OF TIME-SHARE PROJECT › Section 119A.470 - Qualifications of person to conduct reserve study; consultants

Current through June 11, 2024
1. A person is qualified by training and
				  experience to conduct a reserve study if the person proves to the satisfaction
				  of the board that he or she has:
(a) A good
				  reputation for honesty, trustworthiness and integrity;
(b) The ability to evaluate components of the
				  common area with regard to normal and accelerated deterioration, remaining
				  useful life, by year, and current cost to repair, replace or restore;
(c) The ability to perform financial
				  analysis, cost estimates and 30-year projections, as applicable;
(d) The ability to review documents of the
				  association and to consult with the board to ascertain and confirm the
				  component inventory from such a review;
(e) The ability to gather and analyze
				  financial data, including, without limitation, monthly assessment fees, current
				  balance of reserves, interest rate anticipated on reserves, anticipated
				  inflation and maximum fee increases allowable; and
(f) The background and knowledge pertinent to
				  all areas to be addressed by the reserve study and to all components of the
				  common area to be addressed by the reserve study.
Nevada Administrative Code › Chapter 119A - TIME SHARES › PROGRAMS FOR EXCHANGE OF OCCUPANCY RIGHTS › Section 119A.600 - Developer: Registration as exchange company to offer program; amendment to registration; fee

Current through June 11, 2024
1. A developer that
				  wishes to operate as an exchange company and offer a program for the exchange
				  of occupancy rights among owners or with the owners of time shares in other
				  time-share plans, or both, must file a registration with the Division in an
				  electronic format or paper format. After a registration has been filed pursuant
				  to this subsection, the developer shall file any amendment to the registration
				  with respect to any material change in an electronic format or paper
				  format.
2. A registration or
				  amendment filed with the Division pursuant to subsection 1 must be:
(a) Signed by an authorized representative of
				  the developer;
(b) Submitted on a
				  form prescribed by the Division; and
(c) Accompanied by the fee specified in
				  NRS
				  119A.360.
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › GENERAL PROVISIONS › Section 119B.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in:
1.NRS 119B.020 to 119B.100, inclusive; and
2. NAC 119B.020 to 119B.080, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › GENERAL PROVISIONS › Section 119B.060 - "Published material" defined

Current through June 11, 2024
"Published material" means anything published in any medium, except a press release, and includes:
1. Material published in any newspaper or periodical;
2. Any radio, television, telephonic or other electronic broadcast or display;
3. Written, printed, photographic or artistic matter, including any pictorial display or statement visible to prospective purchasers attending a promotional meeting;
4. Certificates for a vacation or other gift; and
5. Oral statements made by a developer or his representative at any promotional meeting.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › GENERAL PROVISIONS › Section 119B.070 - "Registered representative" defined

Current through June 11, 2024
"Registered representative" means a person who, on behalf of one or more developers, induces other persons to attend a sales presentation. The term does not include a sales agent or a person who only performs clerical tasks or arranges appointments for others.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › GENERAL PROVISIONS › Section 119B.080 - "Sales agent" defined

Current through June 11, 2024
"Sales agent" means any person who is licensed pursuant to chapter 119A of NRS as a sales agent or pursuant to chapter 645 of NRS as a salesman or broker-salesman and is employed by a licensed real estate broker for compensation or otherwise to perform any act or transaction to which chapter 119A, 119B or 645 of NRS applies.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › GENERAL PROVISIONS › Section 119B.090 - "Advertising" interpreted

Current through June 11, 2024
The administrator will interpret "advertising" to mean published material which:
1. Offers for sale any membership or interest in a campground;
2. Causes or induces, directly or indirectly, any person to acquire any membership or interest in a campground;
3. Is used to induce prospective purchasers to attend sales presentations on a campground; or
4. Is used substantially for the retention of purchasers after sale.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › GENERAL PROVISIONS › Section 119B.110 - Refund of certain fees limited

Current through June 11, 2024
Unless otherwise determined by the administrator, all fees submitted to him pursuant to NRS 119B.210 are deemed earned upon receipt. Not more than one- half of the fee submitted may be refunded.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › BROKERS OF RECORD AND DEVELOPERS › Section 119B.120 - Responsibility for activities

Current through June 11, 2024
1. The broker of record and the developer are responsible for all activities involving advertising, sales, solicitations and the inducement of any person to purchase a membership.
2. The broker of record is responsible for the activities of each sales agent in his employment.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › BROKERS OF RECORD AND DEVELOPERS › Section 119B.130 - Use of more than one location

Current through June 11, 2024
1. If a developer wishes to use more than one location at which to conduct sales, the broker of record shall establish and maintain appropriate branch offices.
2. A site that is devoted exclusively to inducing persons to attend a sales presentation for a membership and that is not located at the regular place of business of the developer, broker of record or sales agent is not a branch office; however, the broker of record is responsible for the conduct of any person attempting to induce that attendance and must inform the division, in advance, of the proposed establishment or relocation of such a site.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › BROKERS OF RECORD AND DEVELOPERS › Section 119B.140 - Developer's records: Inspection and audit

Current through June 11, 2024
A developer's records may be inspected and audited by the division and must be made available to the division at the:
1. Location where the records are kept, if they are located in Nevada; or
2. Division's office in Carson City or Las Vegas, if they are kept outside of Nevada.
A developer must produce his records within 10 days after his receipt of the division's request.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › BROKERS OF RECORD AND DEVELOPERS › Section 119B.150 - Acceptance of permit constitutes agreement to appoint broker of record as agent for service of process

Current through June 11, 2024
Acceptance by the developer of a permit authorizing him to offer memberships for sale in this state is an agreement by him to appoint a broker of record as his agent for service of any notice, correspondence or complaint.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › BROKERS OF RECORD AND DEVELOPERS › Section 119B.160 - Inspection of campground by broker; broker may be broker of record for only one developer at a time

Current through June 11, 2024
Before a broker accepts a position as broker of record, he must personally inspect the campground for which he is to be responsible. The division will designate a broker as a broker of record for only one developer at any time.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › BROKERS OF RECORD AND DEVELOPERS › Section 119B.170 - Records to be maintained by broker of record; inspection and audit

Current through June 11, 2024
1. The broker of record shall obtain from each purchaser of a membership a signed receipt for a copy of the public offering statement and shall keep the receipt along with a copy of any contract of sale or other sales agreement and other material related to the sale in his files. The records must be kept for 3 years after the contract is signed or for 1 year after the final payment has been made on any contract for the sale of the property, whichever is longer.
2. If the records are kept at a location other than the principal place of business of the broker of record, the broker of record shall notify the division in writing of the location.
3. The records of the broker of record may be inspected and audited by the division at any time during regular business hours.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › BROKERS OF RECORD AND DEVELOPERS › Section 119B.180 - Supervision of sales agents by broker of record

Current through June 11, 2024
Every broker of record shall teach his sales agents the provisions of this chapter and chapter 119B of NRS. He shall exercise strict supervision over their activities related to the selling of a membership and over the operation of his business.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › SALES AGENTS › Section 119B.200 - Delivery of offers, acceptances and counteroffers

Current through June 11, 2024
A sales agent shall promptly deliver:
1. To the broker of record, every good faith offer he receives, including all the terms and conditions of the purchase.
2. To the purchaser and seller, a copy of each acceptance of an offer or counteroffer.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › SALES AGENTS › Section 119B.210 - Disclosure of interest in campground to prospective purchaser

Current through June 11, 2024
If a sales agent owns or has an interest in the campground for which he is attempting to sell a membership or an interest in the membership which he is attempting to sell, he shall disclose his interest in writing to a prospective purchaser before or at the time the sales agent receives an offer to purchase a membership.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › REGISTERED REPRESENTATIVES › Section 119B.220 - Real estate and time-share licensees prohibited from registering as registered representatives; authorized acts

Current through June 11, 2024
A person licensed as a real estate broker, broker-salesman or salesman pursuant to chapter 645 of NRS or a sales agent pursuant to chapter 119A of NRS may not register with the division as a registered representative, but may solicit or induce persons to attend an offer or sale of memberships in the campground with which he is associated.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › REGISTERED REPRESENTATIVES › Section 119B.230 - Application for registration; permissible title of representative

Current through June 11, 2024
1. A person who desires to become a registered representative for a developer must file an application for registration on a form furnished by the division. The fee required by NRS 119B.210 is not refundable.
2. An application for registration must be filed with the division for each developer the registered representative represents.
3. A person who is registered may refer to himself only as a representative of a campground.
Added to NAC by Real Estate Div., eff. 2-18-87; A 11-8-88
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › CONTRACTS AND OTHER DOCUMENTS OF SALE › Section 119B.250 - Applicability of standards for advertising

Current through June 11, 2024
Each contract, agreement or other document used in the sale of a membership is subject to the standards for advertising prescribed in NAC 119B.310 to 119B.400, inclusive.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › CONTRACTS AND OTHER DOCUMENTS OF SALE › Section 119B.260 - Required and prohibited language

Current through June 11, 2024
1. The following words must be printed clearly and conspicuously in 12-point, boldface type at the top of each contract for the sale of a membership:
This is a binding contract by which you agree to purchase a membership in a campground. You should examine the statement regarding your right to revoke this contract within 5 days, which is contained elsewhere in this contract.
2. The following words or words of a similar meaning may not be used in a contract of sale for the sale of a membership:
The purchaser agrees that no representation, oral or implied, has been made to the purchaser other than what is contained in this contract.
3. The following words must be printed clearly and conspicuously above the line for the purchaser's signature in each contract for the sale of a membership:
A contract of membership may be canceled at the option of the member if he sends notice of the cancellation by certified mail, return receipt requested, to the developer, posted not later than midnight of the 5th calendar day following the day on which the contract was signed.
4. Each contract of sale of a membership in a campground located outside Nevada must contain one of the following sentences:
(a) "This contract is to be construed according to the laws of Nevada and specifically chapter 119B of NRS"; or
(b) "This contract is to be construed according to the laws of (name of the state or country); however, any purchaser solicited in Nevada retains those rights granted him pursuant to chapter 119B of NRS."
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › ADVERTISEMENTS › Section 119B.270 - Approval by division

Current through June 11, 2024
1. Before an advertisement is published, it must be submitted by the developer to the division for approval. If an employee or agent of the developer submits the advertisement, the developer must notify the division in writing that the employee has the authority to submit it and to agree to any changes the division may require.
2. If a change is made in an advertisement which has been approved by the division, the advertisement must be resubmitted for approval.
3. A number will be assigned to each advertisement approved by the division.
4. A press release issued with a good faith belief in the veracity of its contents need not be approved by the administrator.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › ADVERTISEMENTS › Section 119B.280 - Press releases

Current through June 11, 2024
A press release may not contain any statement concerning:
1. The volume of sales of memberships;
2. The financial status of the developer; or
3. The investment potential of the campground.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › ADVERTISEMENTS › Section 119B.290 - Fees

Current through June 11, 2024
1. The following fees will be charged for each advertisement or change in an advertisement submitted to the administrator for his approval:
(a) For each item of advertising, $5 per page to a maximum of $25. If an advertisement is printed on both sides of a page, each side will be considered as one page.
(b) For a presentation for television or motion pictures, $25. If a script for the presentation is submitted with the tape or film of the presentation, the fee will be charged once.
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › ADVERTISEMENTS › Section 119B.300 - Interpretation

Current through June 11, 2024
1. An advertisement will be interpreted as being false or misleading if:
(a) The statements and representations contained in the advertisement are not true;
(b) The advertisement states the factual material so as to misrepresent the facts or create misleading impressions; and
(c) The advertisement is inconsistent with the information filed with the division.
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › ADVERTISEMENTS › Section 119B.310 - General requirements

Current through June 11, 2024
An advertisement:
1. Which refers to the purchase price of any membership must clearly disclose any assessment or additional cost required to be paid by a purchaser.
2. Which offers a membership at a predevelopment sale at a lower price because the project has not yet been developed in some manner, must disclose whether there is a good faith plan for development and, if there is such a plan, the estimated date of completion.
3. Which offers a discount to reduce the advertised price may do so only if the discount is offered for a purchase in quantity, payment in cash, large or accelerated payment or on other reasonable grounds.
4. Must not contain any statement concerning a future increase of the price by the developer unless the amount and the date of the increase are specified. A future increase of the price may not be implied or referred to unless it is anticipated in good faith.
5. Must not indicate that the value of a membership in a similar campground has increased, unless the membership used for comparison is directly comparable to that being advertised for sale.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › ADVERTISEMENTS › Section 119B.320 - Improvements

Current through June 11, 2024
No improvement in or related to the campground may be advertised unless it has been completed or installed and is available for use, or the completion or availability is assured through an adequate financial arrangement approved by the division and a contractual obligation of the developer to the purchaser.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › ADVERTISEMENTS › Section 119B.330 - Reference to community or geographical area

Current through June 11, 2024
An advertisement which refers to a community or a geographical area in connection with a campground must state the mileage from a specific point in that community or area and describe the types of roads to be traversed.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › ADVERTISEMENTS › Section 119B.350 - Recreational facilities; public facilities

Current through June 11, 2024
1. An advertisement must not contain any statement, photograph or sketch relating to a facility for recreation, sports or other convenience which is away from the campground or not in existence, unless the advertisement clearly and prominently states in conjunction with the statement, photograph or sketch:
(a) That the facility is only proposed and is not a part of the campground.
(b) The distance to the facility in miles along a road and describes the type of road to be traversed.
(c) In good faith, a date of completion of the proposed facility.
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › ADVERTISEMENTS › Section 119B.370 - Prohibited material

Current through June 11, 2024
An advertisement must not include:
1. Reprints of previously published material, unless the information contained in the reprint is true, relates to the campground in which a membership is being offered and complies with all other provisions of this chapter.
2. A testimonial or endorsement which contains any statement that the developer or broker of record is precluded by law from making in his own behalf.
3. An asterisk or other reference symbol which refers to explanatory material that contradicts or changes, or tends to contradict or change, the meaning of any prior statement or which obscures or tends to obscure any material fact asserted elsewhere in the advertisement.
4. A name or symbol which implies that the advertiser is a public agency or a nonprofit, research or other similar organization, unless it is such an organization.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › ADVERTISEMENTS › Section 119B.380 - Statement of purpose of sales presentation

Current through June 11, 2024
Each orally presented or written advertisement which is designed to induce attendance at or participation in a sales presentation must conspicuously include the following statement:
The purpose of (the event or activity) is to attempt to sell you a membership in a campground in (name of state in which property is located).
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › ADVERTISEMENTS › Section 119B.390 - Terms and limitations of certain benefits

Current through June 11, 2024
An advertisement which refers to:
1. A privilege on the part of the owner to the reciprocal use of another campground must clearly state any qualification or limitation on the privilege.
2. A resale or repurchase of the membership by the developer must fully disclose the terms and conditions of the resale or repurchase.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › ADVERTISEMENTS › Section 119B.400 - Use of certain terms

Current through June 11, 2024
1. An advertisement must not contain terms such as "minutes away," "short distance," "only miles," "near" or similar indistinct or indefinite terms which are intended to indicate distance unless the actual distance in miles along a road is stated in conjunction with the term and the type of road traversed is described.
2. An advertisement which refers to or depicts "roads" or "streets" must affirmatively disclose the nature of those roads or streets, including whether the roads or streets are paved, gravel or dirt, and if a road or street is not traversable year-round by a conventional automobile.
3. A promotional offer which is advertised must not use the terms "free," "no obligation" or a term of similar meaning to describe that which is offered unless the offer is unequivocally without any conditions.
4. A membership must not be advertised a being "free" if the prospective purchaser is required to give any consideration, or if any additional membership or interest must be purchased to render the "free" membership usable. A membership may be advertised as being offered "for closing costs only" if the closing costs are fully disclosed and there is not other consideration.
5. An advertisement may use the term "waterfront" or other terms of similar meaning only if the campground actually fronts on a body of water and has full and usable access along the frontage.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › PROMOTIONAL MEETINGS; PRIZES AND GIFTS › Section 119B.410 - Approval of promotional meeting by division

Current through June 11, 2024
1. Before a developer may conduct a promotional meeting, a statement of the nature and manner of conducting the meeting must be submitted in writing and approved by the division.
2. In reviewing material submitted by an applicant pursuant to NRS 119B.260, the administrator will investigate whether the nature and manner of conducting a promotional meeting will bring about a full disclosure of all the material facts concerning the project.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › PROMOTIONAL MEETINGS; PRIZES AND GIFTS › Section 119B.420 - Techniques for sale of membership

Current through June 11, 2024
Techniques used to sell a membership must conform to the following standards:
1. Decoys or false buyers may not be used in a promotional meeting to initiate sales or for any other purpose.
2. Each oral statement made to a prospective purchaser at a promotional meeting must be completely consistent with written advertising or other material filed with and approved by the division.
3. Any prospective purchaser who expresses a desire to leave a promotional meeting at any time during or after the sales presentation may not be impeded in any manner or coerced to remain.
4. Investigators and other employees of the division may attend any promotional meeting.
5. Excessively loud music must not be played during a promotional meeting, and it must be turned down or off at the request of any employee of the division who is present at the meeting.
6. After the original sales agent initially meets with a potential purchaser, the developer or broker of record may allow only one other sales agent to attempt a sale to the same potential purchaser, except for a sales agent making a speech from a podium.
7. If an employee of the division is present at a sales presentation, he may not be identified or asked questions in such a way that a potential purchaser might hear the question or the employee's remarks.
8. If a broker of record, developer or employee of either, at any time before, during or after a promotional meeting uses any electronic surveillance, recording, eavesdropping or listening device, he must disclose its use orally at the beginning of the meeting and by means of a placard prominently displayed in the room in which the meeting is held.
9. Each advertised gift must be given to a potential purchaser whether or not he purchases a membership.
10. An employee of the developer shall not keep a potential purchaser's credit card for a period longer than is reasonably necessary to check the purchaser's credit rating.
11. The public offering statement must be reviewed by the sales agent or broker of record with the potential purchaser along with the sales contract and other documents which the purchaser will sign if a purchase is consummated.
12. Upon the purchaser's request, the purchaser must be allowed time to talk and review the documents with another person and, if he so desires, consult an attorney before signing any document.
13. Before signing an offer to purchase, the purchaser must be informed of his unconditional right to rescind the sales contract within 5 days after the date of signing the contract.
14. The division may not be mentioned in such a manner as to suggest that the division has endorsed the campground or documents or sales techniques related to the campground.
15. No false or misleading statement may be made regarding the future economic success, any recreational facility or the location of the campground.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › PROMOTIONAL MEETINGS; PRIZES AND GIFTS › Section 119B.430 - Approval of program including sweepstakes, vacation or gift certificate by division; requirements

Current through June 11, 2024
1. Before a developer advertises or promotes a campground in which memberships are offered for sale with a program which includes the use of a sweepstakes, vacation or gift certificate, he must submit a written description of the program to the division for approval. The material submitted must include:
(a) Copies of the vacation or gift certificate and any other published material to be used in the program;
(b) The name of each company with whom he has contracted to provide the goods or services offered;
(c) Evidence satisfactory to the division that he has commitments with the suppliers of goods or services which will be used as part of the program; and
(d) If required by the administrator, proof of financial assurance that he can and will honor his commitments to the recipients and suppliers.
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › PROMOTIONAL MEETINGS; PRIZES AND GIFTS › Section 119B.440 - Financial assurance of ability to meet financial commitment

Current through June 11, 2024
The division may require as a condition to its approval of a program for the sale of memberships which includes the use of a sweepstakes, vacation or gift certificate, that the developer file with the division a bond, letter of credit or other financial assurance approved by the administrator in an amount which ensures that he will be able to meet his financial commitment.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › INVESTIGATION OF PROHIBITED ACTIVITY › Section 119B.450 - Complaints

Current through June 11, 2024
1. Any person who files a complaint with the administrator in connection with the promotion and sale of a membership must submit the complaint in writing on a form prescribed by the administrator.
2. When a complaint is filed, the administrator will investigate any action which appears to violate any provision of chapter 119B of NRS or this chapter. The investigation is not limited to the subject matter of the complaint.
3. A developer, broker of record, sales agent or registered representative shall disclose all facts and make available all documents pertinent to the investigation to the administrator or the member of his staff conducting the investigation.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 119B - MEMBERSHIP IN CAMPGROUNDS › INVESTIGATION OF PROHIBITED ACTIVITY › Section 119B.460 - Determination of whether person engaged in prohibited activity

Current through June 11, 2024
In determining whether a person has engaged in false or misleading advertising or unfair methods of competition or deceptive or unfair practices, the administrator shall consider whether the person has, in connection with the act complained of:
1. Demonstrated an acceptable level of professional conduct to protect the public against fraud, misrepresentation or unethical practices in the promotion and sale of a membership.
2. Made a reasonable effort to ascertain all the pertinent facts concerning the campground with which he is dealing.
3. Made a representation that is outside of his field of experience or competence without the assistance of a qualified authority, unless the fact of the lack of experience or competence is fully disclosed to the parties to the transaction.
4. Adequately documented any required disclosure of his interest in the campground with which he is dealing.
5. Kept himself informed of the current laws governing the promotion and sale of a membership and related fields in which he attempts to provide guidance.
6. Breached his obligation of fidelity to his principal's interest or his obligation to deal fairly with all parties to a transaction.
7. Obtained any change in the terms of the contract for sale and related documents in writing and determined that each change was signed or initialed by the parties concerned.
8. Understood and properly applied relevant federal and state law relating to the protection of potential purchasers.
9. Made a reasonable effort to ascertain and disclose all material facts of common or expressed concern to the parties to the transaction.
10. Violated any of the provisions of this chapter or chapter 119B of NRS.
Added to NAC by Real Estate Div., eff. 2-18-87
Nevada Administrative Code › Chapter 120A - Disposition of Unclaimed Property › GENERAL PROVISIONS › Section 120A.003 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 120A.006 and 120A.009 have the meanings ascribed to them in those sections.
Added to NAC by Admin. of Unclaimed Property by R162-09, eff. 8-13-2010
NRS 120A.140
Nevada Administrative Code › Chapter 120A - Disposition of Unclaimed Property › GENERAL PROVISIONS › Section 120A.006 - "Audit" defined

Current through June 11, 2024
"Audit" means the examination of the records of a person conducted pursuant to NRS 120A.690 to determine whether the person has complied with chapter 120A of NRS.
Added to NAC by Admin. of Unclaimed Property by R162-09, eff. 8-13-2010
NRS 120A.140
Nevada Administrative Code › Chapter 120A - Disposition of Unclaimed Property › GENERAL PROVISIONS › Section 120A.015 - "Fails to report" interpreted

Current through June 11, 2024
The Administrator interprets the phrase "fails to report," as used in NRS 120A.730, to include, without limitation, the filing of a report that is:
1. Incomplete; or
2. Does not comply with the reporting requirements of this chapter and chapter 120A of NRS.
Added to NAC by Admin. of Unclaimed Property by R162-09, eff. 8-13-2010
NRS 120A.140, 120A.730
Nevada Administrative Code › Chapter 120A - Disposition of Unclaimed Property › REPORTS OF UNCLAIMED PROPERTY › Section 120A.020 - Filing: Generally

Current through June 11, 2024
1. A holder that is required to make a report to the Administrator pursuant to NRS 120A.560 shall file Form UP-1, Report of Unclaimed Property, including a completed verification. Except as otherwise provided in this section, the report may be filed:
(a) Using Form UP-1;
(b) Using a computer printout that contains the same information as requested on Form UP-1; or
(c) Electronically using the NAUPA standard electronic file format for holders.
Nevada Administrative Code › Chapter 120A - Disposition of Unclaimed Property › REPORTS OF UNCLAIMED PROPERTY › Section 120A.025 - Filing: Additional requirements if unclaimed property consists of a security

Current through June 11, 2024
A holder of unclaimed property that consists of a security shall, in addition to complying with NAC 120A.020:
1. File with the report of unclaimed property a summary that includes the name, identification number and, if applicable, the total number of shares of each security included in the report.
2. If the holder has sold a security, file with the report of unclaimed property a statement that includes the name, identification number and, if applicable, the total number of shares of the security.
3. If a security is undeliverable, file with the report of unclaimed property a statement that includes the name, identification number and, if applicable, the total number of shares of the security.
4. Identify certificated securities separately from uncertificated securities in Form UP-2, Report of Unclaimed Property Detail.
5. If the security is a certificated security and the name of the issuer or the number of shares stated on the certificate delivered to the Administrator is different than the name or number of shares stated on a certificate previously issued to the owner of the security, include in the report of unclaimed property the name of the issuer and the number of shares stated on the previous certificate.
6. If the security has a market value of zero, omit the security from the report of unclaimed property. A security that is omitted from a report of unclaimed property pursuant to this subsection must be included in a subsequent report of unclaimed property that is filed at a time that the security has a market value greater than zero.
Added to NAC by Admin. of Unclaimed Property by R162-09, eff. 8-13-2010
NRS 120A.140, 120A.560
Nevada Administrative Code › Chapter 120A - Disposition of Unclaimed Property › REPORTS OF UNCLAIMED PROPERTY › Section 120A.035 - Filing: Requirements if no unclaimed property to report; extension of time to file

Current through June 11, 2024
1. A holder that is incorporated or located in this State or that conducts business in this State and determines that it is not in possession of property that must be reported, paid or delivered under chapter 120A of NRS shall file a report with the Administrator certifying that the holder has no unclaimed property to report.
2. The report must be:
(a) In the form prescribed by the Administrator;
(b) Verified; and
(c) Except as otherwise provided in this section, filed with the Administrator before November 1 of each year and cover the 12 months next preceding July 1 of that year, but a report with respect to an insurance company must be filed before May 1 of each year for the calendar year next preceding.
Nevada Administrative Code › Chapter 120A - Disposition of Unclaimed Property › REPORTS OF UNCLAIMED PROPERTY › Section 120A.040 - Additions to or deletions from reports

Current through June 11, 2024
A holder must report any additions or deletions since his or her filing of Forms UP-1 and UP-2. Any such additions or deletions must be listed on Form UP-4, Request for Holder Reimbursement, or be filed on a computer printout that contains the same information as requested on Form UP-4.
[Dep't of Commerce, Unclaimed Property Reg. § 6, eff. 8-6-80]-(NAC A by Admin. of Unclaimed Property by R119-06, 6-28-2006)
NRS 120A.140, 120A.560
Nevada Administrative Code › Chapter 120A - Disposition of Unclaimed Property › REPORTS OF UNCLAIMED PROPERTY › Section 120A.045 - Alteration or correction of verified report or related form or other document

Current through June 11, 2024
If a report, form or other document that is required to be verified and filed with the Administrator pursuant to this chapter or chapter 120A of NRS is altered or corrected after it has been verified, the person who verified the document must initial and date the alteration or correction.
Added to NAC by Admin. of Unclaimed Property by R162-09, eff. 8-13-2010
NRS 120A.140, 120A.560
Nevada Administrative Code › Chapter 120A - Disposition of Unclaimed Property › REPORTS OF UNCLAIMED PROPERTY › Section 120A.050 - Contents of written notice required to be sent before filing of report to apparent owner of property presumed abandoned

Current through June 11, 2024
A holder that is required, pursuant to NRS 120A.560, to send written notice to an apparent owner shall mail the notice to the apparent owner's last known address in the holder's records. The notice must include:
1. The apparent owner's name;
2. The apparent owner's last known address;
3. The type of account or other property;
4. If an account, a partial account number or other information sufficient to identify the account;
5. The amount; and
6. A statement that the property will be turned over to the State for custody if the apparent owner does not claim the property within the period set forth in the notice.
[Dep't of Commerce, Unclaimed Property Reg. § 5, eff. 8-6-80]-(NAC A by Admin. of Unclaimed Property by R162-09, 8-13-2010)
NRS 120A.140, 120A.560
Nevada Administrative Code › Chapter 120A - Disposition of Unclaimed Property › RECOVERY OF UNCLAIMED PROPERTY DELIVERED TO STATE › Section 120A.060 - Claims for property presumed abandoned: Filing; effect of denial by Administrator; agreements concerning recovery of property

Current through June 11, 2024
1. Any person claiming or interested in any property delivered to the State must file Form UP-5, Claim for Property Presumed Abandoned. Specific documents and supporting information, as determined for each case by the Administrator, must be filed with Form UP-5.
2. If the Administrator denies a claim for any reason, including, without limitation, that the claim remains incomplete for 90 days after it is filed, the claimant may file a new claim at any time using Form UP-5.
3. If a person claiming property delivered to the State is a party to an agreement with another person, including, without limitation, an attorney, the primary purpose of which is to locate, deliver, recover or assist in the recovery of the property, the Administrator will require the claimant to submit a copy of the agreement. If the claimant fails to submit the copy of the agreement, the Administrator will deny the claim. This subsection does not apply to an owner's agreement with an attorney to file a claim as to identified property or contest the Administrator's denial of a claim.
[Dep't of Commerce, Unclaimed Property Reg. § 7, eff. 8-6-80]-(NAC A by Admin. of Unclaimed Property by R119-06, 6-28-2006; R162-09, 8-13-2010)
NRS 120A.140, 120A.640, 120A.740