NRS598.373. Recovery from Fund: Deadline for complaint; hearing; judgment of court; action by Division. [Effective July 1, 2015.]

      1.  Except as otherwise provided in subsection 5, a consumer who is eligible for recovery from the account must file a complaint with the Division or its designee not later than 1 year after the scheduled date of completion of the travel purchased by the consumer. The consumer must file the complaint on a form established for this purpose by the Division.

      2.  If the Division receives a complaint pursuant to subsection 1, the Division or its designee shall hold a hearing on the complaint. The Division shall:

      (a) Affix the time and place for the hearing; and

      (b) Notify the interested parties, in writing, at least 10 days before the date affixed for the hearing, of the time and place of the hearing.

      3.  Any testimony taken at the hearing must be considered a part of the record of the hearing before the Division or its designee.

      4.  The hearing must be public if a request is made for a public hearing.

      5.  If a consumer has obtained a judgment in any court of competent jurisdiction for recovery of damages against a seller of travel, the consumer may file with the Division or its designee a complaint for recovery of the judgment from the account. The consumer must file the complaint not later than 2 years after the entry of the judgment. The consumer is eligible for recovery of the judgment from the account if:

      (a) The judgment is for actual damages suffered by the consumer as a result of:

             (1) Any act of fraud or misrepresentation by the seller of travel acting in his or her capacity as a seller of travel;

             (2) The bankruptcy of the seller of travel;

             (3) The breach of any contract entered into by the seller of travel in his or her capacity as a seller of travel; or

             (4) The violation by the seller of travel of any provision of NRS 598.305 to 598.395, inclusive;

      (b) The proceedings in connection with the judgment, including all appeals, have terminated;

      (c) The consumer files the complaint on a form established for this purpose by the Division;

      (d) The consumer submits proof satisfactory to the Division of the judgment; and

      (e) Upon obtaining payment from the account, the consumer assigns his or her rights to enforce the judgment to the Division.

      6.  If a consumer files a complaint pursuant to this section, the Division or its designee shall act upon the complaint not later than 60 days after the date on which the complaint is filed with the Division, unless the Division:

      (a) Determines that the complaint involves complex issues that may not reasonably be resolved within 60 days; and

      (b) Notifies the interested parties, in writing, that the time for acting on the complaint will be extended. If the Division provides such notice to the interested parties, the Division shall act upon the complaint not later than 180 days after the date on which the complaint is filed with the Division.

      (Added to NRS by 2003, 1820; A 2003, 2883; R temp. 2009, 2732; R temp. 2011, 2652; R temp. 2013, 1054, expires by limitation on June 30, 2015)