NRS487.68701. Imposition of reasonable charge authorized; exceptions; hearing regarding relief from limitation on charge.

      1.  Except as otherwise provided in NRS 487.6881, a body shop may impose a reasonable charge for storage of a motor vehicle that is in the possession of the body shop except that no such charge may be imposed:

      (a) For any day when the motor vehicle is being repaired, inspected, test driven or otherwise worked on by the body shop;

      (b) For any day when the motor vehicle is being inspected, test driven or otherwise worked on by the insurer of the motor vehicle or by the body shop at the request of the insurer of the vehicle;

      (c) For 24 hours after the person who authorized the repair of the motor vehicle has been notified that the repairs are completed; and

      (d) For any day that the motor vehicle is not being repaired, inspected, test driven or otherwise worked on due to a delay caused by anyone other than the owner of the motor vehicle, except that if the delay is due to the failure of the insurer to respond to a request by the body shop for inspection, authorization or other service by the insurer, a storage charge may be imposed 24 hours after the body shop made the request of the insurer.

      2.  Except as otherwise provided in subsection 3, the rate charged by a body shop for storage of a motor vehicle pursuant to subsection 1 shall be deemed reasonable if it does not exceed an amount equal to one and one-half times the prevailing storage rates for the specific geographic area in which the body shop is located, as made available to the public pursuant to NRS 487.686.

      3.  A body shop that wishes to impose a charge for storage of a motor vehicle which exceeds the amount allowable pursuant to subsection 2 may petition the Department in writing for a hearing. The Department shall conduct a hearing within 30 days after receipt of the petition, or as soon thereafter as is practicable, which, if practicable, must be conducted in the county where the body shop is located. The scope of the hearing must be limited to evidence presented by the body shop of good cause to impose a charge for storage of a motor vehicle which exceeds the amount otherwise allowable pursuant to subsection 2. The hearing officer shall render his or her determination not later than 10 days after the date of the hearing. The decision of the hearing officer pursuant to this subsection is a final decision for purposes of judicial review.

      (Added to NRS by 2013, 1975)