reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › COMPARATIVE PRICE ADVERTISING › Advertisement Containing Assertion of Price › Section 598.280 - Submission of information to Commissioner; determination of truthfulness

Current through June 11, 2024
1. Any person, including a competitor
				mentioned in an advertisement containing an assertion of price, may submit to
				the Commissioner data or other information that:
(a) Pertains to the truthfulness of the
				assertion of price contained in the advertisement or the manner in which the
				underlying comparison of prices was made; or
(b) Refutes the assertion of price contained
				in the advertisement.
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › COMPARATIVE PRICE ADVERTISING › General Assertion of Opinion › Section 598.290 - Factors for determining whether advertisement contains general assertion of opinion

Current through June 11, 2024
For the purposes of subsection 2 of
				  NRS
				  598.0925, in determining whether an
				  advertisement contains a general assertion of opinion as to quality, value or
				  condition made without the intent to mislead a person, the Commissioner will
				  consider whether the assertion in the advertisement:
1. Is a statement of opinion or belief not
				meant as a representation of price; and
2. Is based on findings derived from
				objective or verifiable methods and documentation.
Added to NAC by Dep't
				  of Commerce, eff. 10-29-93
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › SOLICITATIONS FOR OR ON BEHALF OF CHARITABLE ORGANIZATIONS › Section 598.300 - Presumption of solicitation having been made; use of name of person or charitable organization by itself not deemed solicitation; requirements for required disclosures concerning solicitations; disclosure not required in certain circumstances

Current through June 11, 2024
1. For the purposes
			 of NRS
			 NRS
			 598.1305:
(a) A solicitation is presumed to have been
			 made whether or not the person making the solicitation receives a contribution
			 or donation.
(b) A person's or
			 charitable organization's use of his, her or its own name in any communication
			 shall not, by itself, be deemed sufficient to constitute a
			 solicitation.
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › SELLERS OF TRAVEL (REPEALED) › Section 598.500 - Display of certificate of registration (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				of Consumer Affairs by R087-01, eff. 9-14-2001; 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 › SELLERS OF TRAVEL (REPEALED) › Section 598.510 - "Seller of travel" exclusions interpreted (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				of Consumer Affairs by R087-01, eff. 9-14-2001; 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 › SELLERS OF TRAVEL (REPEALED) › Section 598.520 - Exemption from security requirement (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				of Consumer Affairs by R087-01, eff. 9-14-2001; 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 › TOUR BROKERS AND TOUR OPERATORS › Section 598.550 - Certificate of registration: Application with required security; issuance; display

Current through June 11, 2024
1. Each tour broker
			 and tour operator shall register with the Unit on a form provided by the Unit.
			 An applicant for registration shall include with his or her application the
			 required security in proper form.
2. Upon receipt of an application for
			 registration from a tour broker or tour operator that includes the required
			 security in proper form, the Unit will issue a certificate of registration to
			 the tour broker or tour operator. The certificate of registration is not
			 transferable or assignable.
3. A
			 tour broker or tour operator shall display the certificate of registration in
			 an area within his or her business so that the certificate of registration is
			 visible to the public.
Added to NAC by Comm'r
				of Consumer Affairs by R087-01, eff. 9-14-2001; A by
				R058-22A,
				eff. 6/4/2024
NRS 598.525
Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › TOUR BROKERS AND TOUR OPERATORS › Section 598.560 - Disclosure or notice required

Current through June 11, 2024
1. A disclosure or
			 notice required of a tour broker or tour operator pursuant to
			 NRS
			 598.475 must set forth the required
			 information in bold type at least 2 points larger than the type used in the
			 majority of the document in which the information appears.
2. The notice on a billing invoice or receipt
			 given to a customer for a sightseeing tour must set forth the information in
			 substantially the following form:
STATE OF NEVADA
REGISTERED TOUR BROKER OR TOUR OPERATOR
THIS TOUR BROKER OR TOUR OPERATOR IS REGISTERED IN NEVADA WITH
				THE CONSUMER AFFAIRS UNIT OF THE DEPARTMENT OF BUSINESS AND INDUSTRY
THIS TOUR BROKER OR TOUR OPERATOR IS PROHIBITED FROM CHARGING
				A CUSTOMER IN NEVADA FOR A SIGHTSEEING TOUR AN AMOUNT THAT EXCEEDS
THE SUM OF:
(1) THE
			 TOTAL PRICE ADVERTISED FOR THE TOUR; AND
(2) ANY FEE OR TAX THAT IS NOT INCLUDED IN
			 THE TOTAL PRICE FOR THE SIGHTSEEING TOUR BECAUSE ITS INCLUSION WOULD VIOLATE A
			 STATE OR FEDERAL STATUTE OR REGULATION.
ANY COMPLAINTS CONCERNING CHARGES FOR THIS SIGHTSEEING TOUR MAY
				BE DIRECTED TO:
STATE OF NEVADA
DEPARTMENT OF BUSINESS AND INDUSTRY CONSUMER AFFAIRS
				UNIT
(The physical address of the Unit as listed on the Internet
				website of the Unit)
(The address of the Internet website of the Unit)
IN CLARK COUNTY CALL: (702) 486-2750
ALL OTHER AREAS CALL TOLL FREE: 1-844-594-7275
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › GENERAL PROVISIONS › Section 599B.011 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 599B.021 to 599B.091, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › GENERAL PROVISIONS › Section 599B.021 - "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 person registered as a seller or salesman pursuant to NRS 599B.080 to 599B.145, inclusive.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › GENERAL PROVISIONS › Section 599B.031 - "Claimant" defined

Current through June 11, 2024
"Claimant" means a person who has filed a claim with the division.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › GENERAL PROVISIONS › Section 599B.071 - "Hearing officer" defined

Current through June 11, 2024
"Hearing officer" means the commissioner or a person designated by the commissioner or the director to conduct a hearing.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › GENERAL PROVISIONS › Section 599B.081 - "Respondent" defined

Current through June 11, 2024
"Respondent" means any natural person or business entity required to respond to a proceeding before the division.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › GENERAL PROVISIONS › Section 599B.091 - "Security" defined

Current through June 11, 2024
"Security" means a bond, irrevocable letter of credit or certificate of deposit deposited with the division pursuant to NRS 599B.100.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.700 - Applicability of provisions

Current through June 11, 2024
The provisions of NAC to 599B.810, inclusive:
1. Apply to any hearing authorized to be conducted by the division pursuant to chapter 599B of NRS, including, without limitation, a hearing to determine the distribution of security to claimants held pursuant to NRS 599B.105; and
2. Do not preclude the commencement or pursuit of any additional civil or criminal remedies by the division.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.705 - Provisions construed

Current through June 11, 2024
The provisions of NAC 599B.700 to 599B.810, inclusive, must be liberally construed to secure a just, speedy and economical determination of all issues regarding the disbursement of security before the division and to carry out the purposes of chapter 599B of NRS.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.710 - Correspondence to division

Current through June 11, 2024
A claim, request for a hearing or other correspondence regarding a hearing must be addressed to the Department of Business and Industry, Consumer Affairs Division, 1850 East Sahara Avenue, Suite 101, Las Vegas, Nevada 89104.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.715 - Appearance and representation of party

Current through June 11, 2024
1. A party is entitled to appear in person. If the party is not able to appear in person, he may:
(a) Be represented by an attorney; or
(b) Present a written claim that sets forth the facts which the party claims entitle him to a portion of the security.
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.720 - 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 thereafter served must be served upon the attorney.
2. Service performed pursuant to subsection 1 is considered valid service for all purposes upon the party represented.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.725 - 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 division shall immediately give written notice of his withdrawal to:
1. The hearing officer;
2. The party whom he represented; and
3. Any other parties to the proceeding.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.730 - Conduct of parties

Current through June 11, 2024
1. A person appearing in or attending a proceeding before the division shall conduct himself 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 R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.735 - Interveners

Current through June 11, 2024
1. A person other than one of the original parties to the proceeding, who believes that he may be directly and substantially affected by the proceeding, may seek an order for leave to intervene in the proceeding by filing a motion to intervene with the hearing officer.
2. The granting of leave to intervene or otherwise appear in a matter or proceeding shall not be construed to be a finding or determination that the person will or may be a party aggrieved by a ruling, order or decision of the division for the purposes of judicial review.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.740 - 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 division or the attorney general, or both, may issue subpoenas and subpoenas duces tecum.
2. The division 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. A subpoena must not be issued in blank.
5. A request for the issuance of a subpoena 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 attorney.
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.745 - Affidavits

Current through June 11, 2024
1. A party that wishes to have an affidavit introduced in evidence at any hearing of the division must, at least 10 days before the date set for hearing, serve upon the opposing party, either personally or by registered or certified mail, return receipt requested, a copy of the affidavit that is proposed to be introduced in evidence.
2. A notice, in substantially the following form, must be served upon the opposing party at the same time as the affidavit:
The accompanying affidavit of (Name of Affiant) will be introduced in evidence at the hearing set for the ....(day) of .....(month) of ....(year). (Name of Affiant) will not be called to testify orally, and you will not be entitled to cross-examine (Name of Affiant) unless you place in the mail or personally deliver to the undersigned your request to cross-examine (Name of Affiant) not later than 7 days after the date on which this notice and the enclosed affidavit were served upon you.
________________________
(Signature of Party or Counsel)
(Name of Party or Counsel)
(Address)
(Telephone Number)
3. Unless the opposing party, within 7 days after service of a copy of the affidavit and notice, places in the mail or personally delivers to the party proposing to introduce the affidavit a request to cross-examine the affiant, the opposing party shall be deemed to have waived his right to cross-examine the affiant, and the affidavit, if introduced in evidence, must be given the same weight as if the affiant had testified orally.
4. If an opportunity to cross-examine an affiant is not afforded to the opposing party after the opposing party so requests pursuant to this section, the affidavit may be introduced in evidence, but the affidavit must be given the same weight as other hearsay evidence.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.750 - Inspection and copies of documents

Current through June 11, 2024
The division shall, at least 5 working days before a hearing, provide each party to the hearing with notice that the party may:
1. Inspect, before the hearing, all documents that may be considered by the hearing officer as part of the case presented by the division; and
2. With the prior approval of the hearing officer, have a copy made of any such document upon payment of a fee in the amount of 25 cents per page to reimburse the division for the cost of providing the copy.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.755 - Stipulations

Current through June 11, 2024
1. With the approval of the hearing officer, the parties may stipulate 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 R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.760 - Continuances

Current through June 11, 2024
After a hearing has commenced, the hearing may be continued by the hearing officer upon his own motion or, if good cause is shown, upon the request of a party.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.765 - Presiding hearing officer

Current through June 11, 2024
1. The commissioner may designate a person to act as hearing officer.
2. The decision of the hearing officer is subject to review and approval by the commissioner.
3. If the commissioner designates a person to act as hearing officer, the commissioner retains the right, at any time, to assume responsibility for presiding over the hearing, and any authority granted to a hearing officer in NAC 599B.700 to 599B.810, inclusive, is also granted to the commissioner.
4. If the commissioner is unable to preside over the hearing and does not designate a hearing officer, the director shall appoint a hearing officer to preside over the hearing. The decision of such a hearing officer is subject to review and approval by the director.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.770 - Authority and duties of hearing officer

Current through June 11, 2024
The hearing officer 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 or 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 order to show cause;
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, or direct the court reporter to 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 R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.775 - Method of recording hearing

Current through June 11, 2024
The hearing must be recorded using equipment for recording sound or must be reported by a court reporter who is certified pursuant to chapter 656 of NRS.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.780 - Failure to appear

Current through June 11, 2024
If a party 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 party may be entered in the record;
2. Evidence may be heard; and
3. The matter may be considered and disposed of on the basis of the evidence before the hearing officer in the manner required pursuant to NAC 599B.785.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.785 - Procedure

Current through June 11, 2024
1. The respondent may cross-examine witnesses in the order in which the division presents them.
2. When the division has completed its presentation, the hearing officer shall request the respondent to proceed with the introduction of evidence and the calling of witnesses on his behalf. The division may cross-examine witnesses in the order in which the respondent presents them.
3. When the respondent has completed his presentation, the division may call rebuttal witnesses.
4. The hearing officer may question counsel for the parties or witnesses at any time during the proceeding.
5. If a party does not testify in his own behalf, he may be called and examined as if under cross-examination.
6. The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Evidence must be introduced and considered in accordance with the provisions of NRS 233B.123. Any relevant evidence, including, but not limited to, a claim in lieu of or in addition to the testimony, may be admitted and is sufficient in itself to support a finding if it is the sort of evidence commonly relied upon by reasonable and prudent persons in the conduct of their affairs, regardless of the existence of a common law or statutory rule that might make improper the admission of such evidence over objection in a civil action.
7. Depositions of witnesses and parties may not be taken. No formal discovery of evidence will be allowed.
8. Briefs must be filed upon the order of the hearing officer. The time for filing briefs will be set by the hearing officer conducting the hearing.
9. Rules of privilege recognized by law must be given effect.
10. Objections to evidentiary offers may be made and must be noted in the record. If an objection is made to the admission of evidence, such evidence may be received subject to a later ruling by the hearing officer. If an objection to the admission of evidence is sustained, the offering party may make an offer of proof for the record.
11. Oral argument is not allowed unless requested by the hearing officer. The hearing officer may request that the parties summarize their presentations.
12. The hearing officer may adjourn the hearing:
(a) For the submittal of further evidence or to hear further testimony when justice would not be served otherwise; or
(b) At the request of a party for good cause shown, but for not more than 30 days after the date scheduled for the first hearing.
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.790 - Review of decision and order; entry of final order; filing of petition for judicial review

Current through June 11, 2024
1. The commissioner will review the decision of a hearing officer and enter a final order affirming, modifying or setting aside the decision.
2. If the hearing officer is a designee of the commissioner or director, the director will review the order and enter the final order affirming, modifying or setting aside the decision.
3. If a decision is rendered orally, the time to file a petition for judicial review does not begin to run until:
(a) The decision and order are reduced to writing and signed by the commissioner or director; and
(b) Written notice of the decision and order is mailed, postage prepaid, to the parties.
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.795 - Retention of record of hearing; availability of copy

Current through June 11, 2024
1. If a hearing is recorded by audio tape or other means, the record 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.
2. A certified copy of the audio tape or other record will be made available to a party upon written request to the division and payment of $20.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.800 - Copies of transcript

Current through June 11, 2024
1. A party may obtain a copy of the transcript of a hearing from the official reporter upon payment of the fees fixed therefor.
2. A party who files a petition for judicial review pursuant to chapter 233B of NRS shall pay for the costs of the transcript as follows:
(a) If made by the division from a tape recording, $2 per page; or
(b) If prepared by the official reporter, the costs or fees charged by the official reporter for preparing the transcript.
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.805 - 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 by a party to the division pursuant to statute or regulation, or ordered by the commissioner or director pursuant to paragraph (b) of subsection 10 of NRS 599B.105 or pursuant to regulation must be made by cashier's check, money order or other certified instruments made payable to the division.
Added to NAC by Comm'r of Consumer Affairs by R123-98, eff. 2-23-99
NRS 599B.025
Nevada Administrative Code › Chapter 599B - Solicitation by Telephone › HEARINGS › Section 599B.810 - Rehearing

Current through June 11, 2024
1. If a petition for judicial review of the decision has not been filed, upon written application by a party not more than 15 days after service of a copy of the decision and order, a rehearing may be ordered upon such terms and conditions as the hearing officer considers just and proper.
2. An application for rehearing must not be granted except upon a showing that:
(a) A party was not properly served with a notice to appear;
(b) There is additional evidence which is material, necessary and reasonably calculated to change the decision of the hearing officer and that good cause existed for the failure to present that evidence at the hearing;
(c) A material fact or point of law was overlooked or misconstrued as set forth in the decision; or
(d) There has been a change in the laws affecting the decision.
Nevada Administrative Code › Chapter 600 - Trademarks, Trade Names and Service Marks › Section 600.010 - Classification of goods for trademarks

Current through June 11, 2024
The general classes of goods for which a trademark may be registered are as follows:
1. Raw or partly prepared materials.
2. Receptacles.
3. Baggage, animal equipments, portfolios and pocketbooks.
4. Abrasives and polishing materials.
5. Adhesives.
6. Chemicals and chemical compositions.
7. Cordage.
8. Smokers' articles, not including tobacco products.
9. Explosives, firearms, equipments and projectiles.
10. Fertilizers.
11. Inks and inking materials.
12. Construction materials.
13. Hardware and plumbing and steam-fitting supplies.
14. Metals and metal castings and forgings.
15. Oils and greases.
16. Paints and painters' materials.
17. Tobacco products.
18. Medicines and pharmaceutical preparations.
19. Vehicles.
20. Linoleum and oiled cloth.
21. Electrical apparatus, machines and supplies.
22. Games, toys and sporting goods.
23. Cutlery, machinery and tools and parts thereof.
24. Laundry appliances and machines.
25. Locks and safes.
26. Measuring and scientific appliances.
27. Horological instruments.
28. Jewelry and precious metalware.
29. Brooms, brushes and dusters.
30. Crockery, earthenware and porcelain.
31. Filters and refrigerators.
32. Furniture and upholstery.
33. Glassware.
34. Heating, lighting and ventilating apparatus.
35. Belting, hose, machinery packing and nonmetallic tires.
36. Musical instruments and supplies.
37. Paper and stationery.
38. Prints and publications.
39. Clothing.
40. Fancy goods, furnishings and notions.
41. Canes, parasols and umbrellas.
42. Knitted, netted and textile fabrics and substitutes therefor.
43. Thread and yarn.
44. Dental, medical and surgical appliances.
45. Soft drinks and carbonated waters.
46. Foods and ingredients of foods.
47. Wines.
48. Malt beverages and liquors.
49. Distilled alcoholic liquors.
50. Merchandise not otherwise classified.
51. Cosmetics and toilet preparations.
52. Detergents and soaps.
Sec'y of State, Trademarks and Service Marks Reg. No. 1, eff. 12-20-79
Nevada Administrative Code › Chapter 600 - Trademarks, Trade Names and Service Marks › Section 600.020 - Classification of services for service marks

Current through June 11, 2024
The general classes of services for which a service mark may be registered are as follows:
1. Miscellaneous.
2. Advertising and business.
3. Financial and insurance.
4. Construction and repair.
5. Communications.
6. Transportation and storage.
7. Material treatment.
8. Education and entertainment.
Sec'y of State, Trademarks and Service Marks Reg. No. 2, eff. 12-20-79
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 2 - NEW

Current through June 11, 2024
As used in sections 2 to 25, inclusive, unless the context
				otherwise requires, the words and terms defined in
				NRS
				604A.036,
				604A.038
				and
				604A.057,
				and sections 3 to 7, inclusive, of this regulation have the meanings ascribed
				to them in those sections.
Added
				to NAC by Comm'r of Financial Institutions by
				R037-20A,
				eff. 12/29/2020
NRS
				604A.303
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 3 - NEW

Current through June 11, 2024
"Database" means the database required by
				NRS
				604A.303 to be developed, implemented and
				maintained
Added
				to NAC by Comm'r of Financial Institutions by
				R037-20A,
				eff. 12/29/2020
NRS
				604A.303
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 4 - NEW

Current through June 11, 2024
"Delete" means to erase data by overwriting the
				data.
Added
				to NAC by Comm'r of Financial Institutions by
				R037-20A,
				eff. 12/29/2020
NRS
				604A.303
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 5 - NEW

Current through June 11, 2024
"Due date" means the date, based on a payment schedule and
				subject to all statutory requirements, on which a customer is scheduled
				to:
1. Make a payment, either to pay
			 the full amount of a loan, including principal, finance charge and fees, and
			 extinguish the debts; or
2. If
			 applicable, make an installment payment.
Added
				to NAC by Comm'r of Financial Institutions by
				R037-20A,
				eff. 12/29/2020
NRS
				604A.303
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 6 - NEW

Current through June 11, 2024
"Identifying customer information" means:
1. The name of a customer;
2. The social security number or alien
			 registration number of a customer;
3. The driver's license number of a customer;
			 or
4. The number of an
			 identification card which was issued to a customer by the Federal Government,
			 this State or any other state, that is entered into the database.
Added
				to NAC by Comm'r of Financial Institutions by
				R037-20A,
				eff. 12/29/2020
NRS
				604A.303
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 7 - NEW

Current through June 11, 2024
"Service provider" means the vendor or service provider with
				which the Commissioner has contracted to develop, implement and maintain the
				database.
Added
				to NAC by Comm'r of Financial Institutions by
				R037-20A,
				eff. 12/29/2020
NRS
				604A.303
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 8 - NEW

Current through June 11, 2024
For the purposes of sections 2 to 25, inclusive, a loan is
				closed if the final status of the loan is no longer active because the loan has
				been paid in full under the loan agreement, because the loan is a title loan
				and the vehicle securing the loan has been repossessed, because the licensee
				has charged off the loan or for any other reason.
Added
				to NAC by Comm'r of Financial Institutions by
				R037-20A,
				eff. 12/29/2020
NRS
				604A.303
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 9 - NEW

Current through June 11, 2024
The service provider shall:
1. Develop, implement and maintain the
			 database.
2. Take all actions the
			 service provider deems necessary to protect the confidentiality and security of
			 the information contained in the database and be responsible for the
			 confidentiality and security of such information.
Added
				to NAC by Comm'r of Financial Institutions by
				R037-20A,
				eff. 12/29/2020
NRS
				604A.303
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 10 - NEW

Current through June 11, 2024
The service provider shall:
1. Retain the data in the database only as
			 required to ensure that a licensee complies with the requirements of this
			 chapter and chapter 604A of NRS.
2.
			 Unless notified by the Commissioner that the data and identifying customer
			 information relating to a transaction of a customer is needed for the purposes
			 of a pending investigation or enforcement action:
(a) Archive the data in the database not
			 later than 2 years after the loan is closed. As used in this paragraph,
			 "archive" means to copy data to a long-term storage mechanism separate from the
			 database.
(b) Delete the data and
			 any identifying customer information from the database on the date that is 3
			 years after the date on which the loan is closed.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 11 - NEW

Current through June 11, 2024
1. Access to the database must be limited to
			 members of the staff of:
(a) A licensee who
			 underwrite and process loans;
(b) A
			 licensee who collect and post payments made on loans;
(c) A licensee who are senior staff
			 members;
(d) The service provider;
			 and
(e) The Office of the
			 Commissioner.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 12 - NEW

Current through June 11, 2024
1. Before making a deferred deposit loan,
			 title loan or high-interest loan, a licensee shall query the
			 database.
2. To verify the identity
			 of a customer, a query made pursuant to subsection 1 must include, at a
			 minimum:
(a) The full name of the customer,
			 including, without limitation, first and last name and middle
			 initial;
(b) The social security
			 number or alien registration number of the customer;
(c) The number of a valid identification card
			 issued by a governmental entity which contains a photograph of the customer;
			 and
(d) The date of birth of the
			 customer.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 13 - NEW

Current through June 11, 2024
1. In response to a query by a licensee, the
			 database must:
(a) Provide the licensee with
			 the information which a licensee may obtain pursuant to paragraphs (a) to (d),
			 inclusive, of subsection 1 of
			 NRS
			 604A.303;
(b) Inform the licensee whether a customer is
			 eligible for a loan pursuant to this chapter and chapter 604A of NRS;
			 and
(c) If the customer is
			 ineligible for a loan, provide the licensee with the reason for such
			 ineligibility.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 14 - NEW

Current through June 11, 2024
1. During any period in which the database is
			 unavailable due to technical issues on the service provider's side of the
			 system, a licensee may rely upon the written representation of a customer
			 applying for a loan and assess the ability of the customer to repay the loan by
			 obtaining the documentation required by this chapter and chapter 604A of NRS to
			 verify that making the loan for which the customer applied is permissible
			 pursuant to this chapter and chapter 604A of NRS.
2. The written representation of a customer
			 applying for a loan, which a licensee may rely on pursuant to subsection 1,
			 must include, without limitation:
(a) An
			 affirmation that the customer does not have any loan outstanding at the time
			 the customer applies for the loan;
(b) If, at the time the customer applies for
			 a deferred deposit loan or high-interest loan, the customer has another
			 outstanding loan, an affirmation that:
(1)
			 The amount of the additional deferred deposit loan or high-interest loan, as
			 applicable, for which the customer is applying would not, when combined with
			 the amount of the outstanding loan of the customer, exceed 25 percent of the
			 expected gross monthly income of the customer; and
(2) The customer has the ability to repay the
			 loan and the additional deferred deposit loan or high-interest loan for which
			 the customer is applying; or
(c) If, at the time the customer applies for
			 a title loan, the customer has outstanding another title loan, an affirmation
			 that:
(1) The customer has the ability to
			 repay the outstanding title loan and the additional title loan for which the
			 customer is applying; and
(2) The
			 title to the vehicle is not perfected with another lender or
			 licensee.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 15 - NEW

Current through June 11, 2024
1. Except as otherwise provided in this
			 section, the service provider shall charge and collect a fee from each licensee
			 for each loan which the licensee approves and enters into the database. The
			 fee:
(a) Must have been established by the
			 competitive procurement process through which the service provider was selected
			 by the Commissioner; and
(b) Must
			 not exceed $3 per approved loan.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 16 - NEW

Current through June 11, 2024
1. A licensee shall not charge or collect
			 from a customer a fee:
(a) If a loan is not
			 approved.
(b) If a loan is
			 voided.
(c) If a loan is
			 rescinded.
(d) In an amount which
			 exceeds the actual cost of the fee charged to the licensee by the service
			 provider.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 17 - NEW

Current through June 11, 2024
Except as otherwise provided in section 13 of this regulation,
				a licensee shall enter into the database, in real time:
1. Each loan originated by the
			 licensee;
2. Each renewal,
			 extension, rollover and refinance of a loan;
3. Information concerning a loan that has
			 entered a grace period;
4. Each
			 payment on a loan;
5. The date on
			 which an offer of a repayment plan is sent;
6. The date on which a repayment plan is
			 entered into by the customer and the licensee;
7. Each declined loan; and
8. Any other transaction relating to a loan,
			 as applicable, and in compliance with the provisions of this chapter and
			 chapter 604A of NRS.
Added
				to NAC by Comm'r of Financial Institutions by
				R037-20A,
				eff. 12/29/2020
NRS
				604A.303
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 18 - NEW

Current through June 11, 2024
1. A licensee who makes:
(a) A deferred deposit loan; or
(b) A high interest loan, shall comply with
			 the requirements of subsection 2.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 19 - NEW

Current through June 11, 2024
Except as otherwise provided in section 13 of this regulation,
				a licensee who makes a title loan shall, in real time, enter into the database
				the following information:
1.
			 Verification that the customer is the legal owner of the vehicle which secures
			 the loan.
2. Whether the customer
			 is a covered service member.
3.
			 Whether the customer is a dependent of a covered service member.
4. The origination date of the
			 loan.
5. The term of the
			 loan.
6. The principal amount of
			 the loan.
7. The total finance
			 charge associated with the loan.
8.
			 The fee charged for the loan.
9.
			 The due date of the loan.
10. The
			 annual percentage rate of the loan.
11. The scheduled payment amount.
12. The payment details as required by
			 section 20.
13. The year, make,
			 model and vehicle identification number of the vehicle which secures the
			 loan.
14. The fair market value of
			 the vehicle as valued by a third-party vendor.
15. If applicable:
(a) The name of the legal co-owner of the
			 vehicle; and
(b) The consent of the
			 legal co-owner of the vehicle for the vehicle to serve as security for the
			 loan.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 20 - NEW

Current through June 11, 2024
1. Except as otherwise provided in section 13
			 of this regulation, for each payment made on a loan, the licensee shall, in
			 real time, enter into the database the following information, without
			 limitation:
(a) The scheduled payment
			 amount.
(b) The due date of the
			 payment.
(c) The actual payment
			 amount.
(d) The date on which the
			 payment was made.
(e) The
			 allocation of the total payment, including, without limitation, the dollar
			 amount applied to the principal and the dollar amount applied to interest and
			 fees.
(f) The amount and date of
			 the payment received from a customer when the loan is paid in full.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 21 - NEW

Current through June 11, 2024
Each licensee shall enter into the database and maintain the
				status of each loan originated by that licensee, including, without
				limitation:
1. If the loan is in
			 collection, whether being collected by the licensee or by a third party:
(a) The date on which the loan entered into
			 collection.
(b) The payment history
			 of the loan.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 22 - NEW

Current through June 11, 2024
A licensee shall retain for not less than 3 years all data and
				documentation collected and reviewed for any loan, loan transaction or query
				made in the database. For the purposes of this section, "documentation"
				includes, without limitation:
1. All
			 copies of the documents considered in determining the ability of a customer to
			 repay a loan, including the gross monthly income of the customer, identity and
			 credit history; and
2. For title
			 loans, any third-party vendor documentation which shows the fair market value
			 of the vehicle which secured the title loan and a copy of the title to the
			 vehicle.
Added
				to NAC by Comm'r of Financial Institutions by
				R037-20A,
				eff. 12/29/2020
NRS
				604A.303
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 23 - NEW

Current through June 11, 2024
1. Except as otherwise provided in section 10
			 of this regulation, a licensee shall not delete any information relating to a
			 customer that is entered into the database.
2. If a loan or loan transaction is voided or
			 rescinded, a licensee must notate on the loan file and in the database that the
			 loan or loan transaction is voided or rescinded, as applicable, and the reason
			 that the loan or loan transaction is voided or rescinded. Except as otherwise
			 provided in section 10 of this regulation, the licensee shall not delete the
			 voided or rescinded loan or loan transaction from the database.
Added
				to NAC by Comm'r of Financial Institutions by
				R037-20A,
				eff. 12/29/2020
NRS
				604A.303
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 24 - NEW

Current through June 11, 2024
1. The Office of the Commissioner must have
			 access to the database and will use the database as a tool of enforcement to
			 ensure the compliance of each licensee with the provisions of this chapter and
			 chapter 604A of NRS.
2. The Office
			 of the Commissioner may periodically run reports for purposes other than
			 examinations, investigations or internal reporting, including, without
			 limitation, to publish online a report regarding the scope of the industry. The
			 data in such a report must not disclose identifying customer information or
			 information which identifies a licensee, including, without limitation, the
			 name, address or number of the license of a licensee. The report may contain:
(a) The number of loans made for each loan
			 product;
(b) The number of
			 defaulted loans;
(c) The number of
			 loans paid, including the number of loans paid by their respective due dates
			 and loans paid after their respective due dates;
(d) The total amount borrowed and collected;
			 and
(e) Any other permissible data
			 that the Commissioner or his or her designee deems necessary.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.Sec. 25 - NEW

Current through June 11, 2024
A customer may request from a licensee, without charge, fee or
				cost, a copy of his or her loan history, file, record and any other
				documentation relating to any loan for which the customer applied or the
				repayment of any loan made to the customer.
Added
				to NAC by Comm'r of Financial Institutions by
				R037-20A,
				eff. 12/29/2020
NRS
				604A.303