Nevada Administrative Code

NAC 598.200 Definitions. As used in NAC 598.200 to 598.290, inclusive, unless the context otherwise requires, the words and terms defined in NAC 598.210 to 598.250, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Dep’t of Commerce, eff. 10-29-93)

NAC 598.210 “Advertisement” defined. “Advertisement” means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation or to acquire any title or interest in any property. (Added to NAC by Dep’t…

NAC 598.220 “Assertion of price” defined. “Assertion of price” means any declaration, statement, word, symbol or other representation which: 1. Is made by or on behalf of a person who offers for sale any product in the marketplace; 2. Is intended to influence a choice by a buyer …

NAC 598.230 “Commissioner” defined. “Commissioner” means the Commissioner of Consumer Affairs. (Added to NAC by Dep’t of Commerce, eff. 10-29-93)

NAC 598.240 “Product” defined. “Product” means all goods, tangible or intangible, and services of any nature which are used for personal, family or household purposes. (Added to NAC by Dep’t of Commerce, eff. 10-29-93)

NAC 598.250 “Seller” defined. “Seller” means a natural person, any form of business or social organization, and any other nongovernmental legal entity, including, but not limited to, a corporation, partnership, association or trust, that sells or contracts to sell a product. (Add…

NAC 598.260 Required disclosure; basis for comparison; substantiation; temporary lowering of price to distort survey prohibited. 1. An advertisement containing an assertion of price must clearly and distinctly disclose the date on which the comparison of prices was made, the meth…

NAC 598.270 Basis for assertion. A seller shall not make an assertion of price in an advertisement unless: 1. The comparison of prices is based on a reliable and trustworthy survey; 2. The seller can substantiate the price of the products in the marketplace at the time the compar…

NAC 598.280 Submission of information to Commissioner; determination of truthfulness. 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 truthfuln…

NAC 598.290 Factors for determining whether advertisement contains general assertion of opinion. 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 in…

NAC 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. (NRS 82.417) 1. For the …

NAC 598.500 Display of certificate of registration. (NRS 598.0967) A seller of travel shall display the certificate of registration issued by the Division to the seller of travel pursuant to NRS 598.365 in an area within his or her business so that the certificate of registration…

NAC 598.510 “Seller of travel” exclusions interpreted. (NRS 598.0967) 1. With regard to a hotel that provides or arranges travel services for its patrons or guests, the exclusion for the term “seller of travel” as set forth in subsection 2 of NRS 598.335: (a) Applies only to pers…

NAC 598.520 Exemption from security requirement. (NRS 598.0967) The security requirement set forth in NRS 598.375 that a seller of travel deposit with the Division a bond, irrevocable letter of credit or certificate of deposit does not apply to a person engaged in business as a s…

NAC 598.550 Certificate of registration: Application with required security; issuance; display. (NRS 598.0967, 598.525) 1. Each tour broker and tour operator shall register with the Division on a form provided by the Division. An applicant for registration shall include with his …

NAC 598.560 Disclosure or notice required. (NRS 598.0967, 598.525) 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 …

NAC 598B.100 Unlawful discrimination based on marital status: “No credit history” interpreted for purposes of statute. (NRS 233B.040, 598B.090, 598B.135) As used in NRS 598B.135, the Commissioner of Financial Institutions will interpret the phrase “no credit history” to mean that…

NAC 598B.110 Unlawful discrimination based on marital status: Exceptions to requirement to deem credit history of spouse identical to applicant. (NRS 233B.040, 598B.090, 598B.135) The provisions of NRS 598B.135 do not apply to a creditor with regard to an application for credit i…

NAC 598B.120 Unlawful discrimination based on marital status: Interpretation of statute by Commissioner coextensive with rights and responsibilities under federal law. (NRS 233B.040, 598B.090, 598B.135) Except as otherwise provided in NAC 598B.110, the Commissioner will interpret…

NAC 599B.011 Definitions. (NRS 599B.025) 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 R123-9…

NAC 599B.021 “Claim” defined. (NRS 599B.025) “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 …

NAC 599B.031 “Claimant” defined. (NRS 599B.025) “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)

NAC 599B.041 “Commissioner” defined. (NRS 599B.025) “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 R123-98, eff. 2-23-99)

NAC 599B.051 “Director” defined. (NRS 599B.025) “Director” means the director of the department of business and industry. (Added to NAC by Comm’r of Consumer Affairs by R123-98, eff. 2-23-99)

NAC 599B.061 “Division” defined. (NRS 599B.025) “Division” means the consumer affairs division of the department of business and industry. (Added to NAC by Comm’r of Consumer Affairs by R123-98, eff. 2-23-99)

NAC 599B.071 “Hearing officer” defined. (NRS 599B.025) “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)

NAC 599B.081 “Respondent” defined. (NRS 599B.025) “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)

NAC 599B.091 “Security” defined. (NRS 599B.025) “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) HEARINGS

NAC 599B.700 Applicability of provisions. (NRS 599B.025) The provisions of NAC 599B.700 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 distributi…

NAC 599B.705 Provisions construed. (NRS 599B.025) 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…

NAC 599B.710 Correspondence to division. (NRS 599B.025) 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.…

NAC 599B.715 Appearance and representation of party. (NRS 599B.025) 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…

NAC 599B.720 Service of process upon attorney. (NRS 599B.025) 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 vali…

NAC 599B.725 Withdrawal of attorney. (NRS 599B.025) 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 represen…

NAC 599B.730 Conduct of parties. (NRS 599B.025) 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 th…

NAC 599B.735 Interveners. (NRS 599B.025) 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 inter…

NAC 599B.740 Subpoenas; fees and expenses of witnesses. (NRS 599B.025) 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 …

NAC 599B.745 Affidavits. (NRS 599B.025) 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, r…

NAC 599B.750 Inspection and copies of documents. (NRS 599B.025) 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 offi…

NAC 599B.755 Stipulations. (NRS 599B.025) 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 existenc…

NAC 599B.760 Continuances. (NRS 599B.025) 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)

NAC 599B.765 Presiding hearing officer. (NRS 599B.025) 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 …

NAC 599B.770 Authority and duties of hearing officer. (NRS 599B.025) 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 do…

NAC 599B.775 Method of recording hearing. (NRS 599B.025) 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)

NAC 599B.780 Failure to appear. (NRS 599B.025) 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;…

NAC 599B.785 Procedure. (NRS 599B.025) 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 evidenc…

NAC 599B.790 Review of decision and order; entry of final order; filing of petition for judicial review. (NRS 599B.025) 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 …