Nevada Administrative Code

NAC 598.020 Date of opening of account. 1. If a dealer mails to an escrow agent, by certified mail, a purchaser’s deposit and such information as the agent needs to open an escrow account, the mailing shall be deemed sufficient for compliance with the statutory requirement for op…

NAC 598.030 Escrow instructions. 1. The escrow instructions must prescribe the disposition of the purchaser’s payments upon the close or termination of escrow. 2. A copy of the completed and signed escrow instructions must be retained by the dealer. The original signed escrow ins…

NAC 598.040 Release of money before close of escrow. No money may be released from an escrow account before the close of the escrow except to the manufacturer of the mobile home or another person or entity with whom the purchaser has contracted to provide improvements to the mobi…

NAC 598.050 Closure of account. 1. Before the close of escrow, the dealer shall provide the escrow agent the serial number of the mobile home being sold to the purchaser. 2. The escrow account terminates: (a) When all the requirements of the escrow instructions have been met; or …

NAC 598.060 Records. 1. Escrow agents shall maintain records of their handling of all escrow accounts for mobile homes. These records must include copies of the escrow documents and must be retained for at least 4 years. These records are subject to audit by authorized representa…

NAC 598.100 Definitions. (NRS 598.0967, 598.731) As used in NAC 598.100 to 598.174, inclusive, unless the context otherwise requires, the words and terms defined in NAC 598.101 to 598.109, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Comm’r of…

NAC 598.101 “Claim” defined. (NRS 598.0967, 598.731) “Claim” means a written demand by a person, made under penalty of perjury, against the security posted by a registrant. (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99)

NAC 598.1015 “Claimant” defined. (NRS 598.0967, 598.731) “Claimant” means a person who has filed a claim with the Division. (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99)

NAC 598.102 “Commissioner” defined. (NRS 598.0967, 598.731) “Commissioner” means the Commissioner of the Consumer Affairs Division of the Department of Business and Industry. (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99)

NAC 598.1025 “Complainant” defined. (NRS 598.0967, 598.731) “Complainant” means a person who makes a complaint to the Division. (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99)

NAC 598.103 “Complaint” defined. (NRS 598.0967, 598.731) “Complaint” means a written or oral statement of facts made by a person that provides evidence that a registrant has been engaged or is engaging in a deceptive trade practice. (Added to NAC by Comm’r of Consumer Affairs by …

NAC 598.1035 “Deceptive trade practice” defined. (NRS 598.0967, 598.731) “Deceptive trade practice” has the meanings ascribed to it in NRS 598.0915 to 598.0925, inclusive. (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99)

NAC 598.104 “Director” defined. (NRS 598.0967, 598.731) “Director” means the Director of the Department of Business and Industry. (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99)

NAC 598.1045 “Division” defined. (NRS 598.0967, 598.731) “Division” means the Consumer Affairs Division of the Department of Business and Industry. (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99)

NAC 598.105 “Hearing officer” defined. (NRS 598.0967, 598.731) “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 R122-98, eff. 2-23-99)

NAC 598.1055 “Intervener” defined. (NRS 598.0967, 598.731) “Intervener” means a person who has been granted leave to intervene in a proceeding pursuant to NAC 598.134. (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99)

NAC 598.106 “Order to show cause” defined. (NRS 598.0967, 598.731) “Order to show cause” means an order issued by the Commissioner pursuant to subsection 1 of NRS 598.0971 directed to a person to show cause why the Commissioner should not order the person to cease and desist from…

NAC 598.107 “Registrant” defined. (NRS 598.0967, 598.731) “Registrant” has the meaning ascribed to it in NRS 598.2805. (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99)

NAC 598.108 “Respondent” defined. (NRS 598.0967, 598.731) “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 R122-98, eff. 2-23-99)

NAC 598.109 “Security” defined. (NRS 598.0967, 598.731) “Security” means a bond, irrevocable letter of credit or certificate of deposit that is deposited with the Division pursuant to NRS 598.2807. (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99)

NAC 598.110 Informal resolution of complaint through memorandum of understanding. 1. The Commissioner and a person alleged to have committed a deceptive trade practice may informally resolve any complaints involving the deceptive trade practice by entering into a memorandum of un…

NAC 598.115 Disclosure of information by Commissioner. In addition to the information that may be disclosed pursuant to NRS 598.098, the Commissioner may disclose: 1. The total number of complaints received by the Division on a day specified by the person who requested the inform…

NAC 598.120 Applicability of provisions. (NRS 598.0967, 598.731) The provisions of NAC 598.120 to 598.174, inclusive: 1. Apply to any hearing authorized to be conducted by the Division pursuant to chapter 598 of NRS, including, but not limited to, a hearing to show cause regardin…

NAC 598.122 Provisions construed. (NRS 598.0967, 598.731) The provisions of NAC 598.120 to 598.174, inclusive, must be liberally construed to secure a just, speedy and economical determination of all issues before the Division and to carry out the purposes of chapter 598 of NRS. …

NAC 598.124 Correspondence to Division. (NRS 598.0967, 598.731) All claims, requests for a hearing and 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, …

NAC 598.126 Appearance and representation of party. (NRS 598.0967, 598.731) 1. A party is entitled to appear in person or to be represented by an attorney. 2. If a party is represented by an attorney at any proceeding, the attorney must be admitted to practice in this state and b…

NAC 598.128 Service of process upon attorney. (NRS 598.0967, 598.731) 1. Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders served thereafter must be served upon the attorney. 2. Such service is considered valid service for all purp…

NAC 598.130 Withdrawal of attorney. (NRS 598.0967, 598.731) 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 or her withdrawal to: 1. The hearing officer; 2. The party w…

NAC 598.132 Conduct of parties. (NRS 598.0967, 598.731) 1. All persons appearing in or attending a proceeding before the Division shall conduct themselves in a respectful manner. 2. If the behavior of a person interferes with the orderly conduct of the hearing, the hearing office…

NAC 598.134 Interveners. (NRS 598.0967, 598.731) 1. A person other than the original parties to the proceeding, who believes that he or she may be directly and substantially affected by the proceeding, may seek an order for leave to intervene in the proceeding by filing a written…

NAC 598.136 Audit by Division; determination regarding action against security of registrant. (NRS 598.0967, 598.731) 1. Upon receiving a claim, the Division may conduct an audit to determine whether the claimant is entitled to recover against the security of the registrant. 2. A…

NAC 598.138 Priority of claims. (NRS 598.0967, 598.731) 1. Except as otherwise provided by law, each claim against the security of a registrant has equal priority. 2. If the security of a registrant is insufficient to pay in full all claims against the registrant, claims must be …

NAC 598.140 Order to show cause: Service; contents. (NRS 598.0967, 598.731) 1. An order to show cause must be served, directly or by certified or registered mail, return receipt requested, upon the respondent at least 10 calendar days before the date of the hearing, unless the re…

NAC 598.142 Order to show cause: Form. (NRS 598.0967, 598.731) An order to show cause must be in substantially the following form, but may include other information: (Legal Caption) TO: (Name and Address of Respondent) COMES NOW (name of commissioner), Commissioner, Consumer Affa…

NAC 598.144 Order to show cause: Answer; objections to form. (NRS 598.0967, 598.731) 1. A party who wishes to contest an order to show cause may file an answer with the Division. The answer must: (a) Be in writing; (b) Admit or deny each material allegation with specificity; and …

NAC 598.146 Subpoenas; fees and expenses of witnesses. (NRS 598.0967, 598.731) 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 su…

NAC 598.148 Affidavits. (NRS 598.0967, 598.731) 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…

NAC 598.150 Inspection and copies of documents. (NRS 598.0967, 598.731) A party to a hearing may: 1. Inspect, before the hearing, all documents which may be considered by the hearing officer as part of the case presented by the Division; and 2. Have a copy made of any such docume…

NAC 598.152 Stipulations. (NRS 598.0967, 598.731) 1. With the approval of the hearing officer, the parties may stipulate as to any fact at issue. Such a stipulation is binding upon all parties to the stipulation and may be regarded as evidence at the hearing. 2. Notwithstanding t…

NAC 598.154 Continuances. (NRS 598.0967, 598.731) After a hearing has commenced, the hearing may be continued by the hearing officer upon his or her own motion or, if good cause is shown, upon the request of a party. (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-…

NAC 598.156 Presiding hearing officer. (NRS 598.0967, 598.731) 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 …

NAC 598.158 Authority and duties of hearing officer. (NRS 598.0967, 598.731) 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 wheth…

NAC 598.160 Method of recording hearing. (NRS 598.0967, 598.731) The hearing must be recorded using equipment for recording sound or must be reported by a court reporter certified pursuant to chapter 656 of NRS. (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99…

NAC 598.162 Failure to appear. (NRS 598.0967, 598.731) 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…

NAC 598.164 Procedure. (NRS 598.0967, 598.731) 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…

NAC 598.166 Review of order; entry of final order; filing of petition for judicial review. (NRS 598.0967, 598.731) 1. 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…

NAC 598.168 Retention of record of hearing; availability of copy. (NRS 598.0967, 598.731) 1. The transcribed record of a hearing will be retained for 90 days after the date of the decision and order, at which time it will be destroyed or reused, unless a petition for judicial rev…