Statutory Liens - GENERAL PROVISIONS - “Vehicle” defined.

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[Rev. 11/21/2013 3:49:26 PM--2013]

[NAC-108 Revised Date: 4-12]

CHAPTER 108 - STATUTORY LIENS

GENERAL PROVISIONS

108.010            Definitions.

108.020            “Department” defined.

108.030            “Lien claimant” defined.

108.040            “Recreational vehicle” defined.

108.050            “Trailer” defined.

108.060            “Vehicle” defined.

LIENS FOR STORAGE, MAINTENANCE, KEEPING OR REPAIR OF CERTAIN VEHICLES

108.100            Lien sale of vehicle: Request for information from and cooperation with Department concerning stolen vehicle.

108.110            Lien sale of vehicle: Duties upon sale; form and contents of required documentation.

108.120            Lien sale of vehicle: Return and resubmission of incomplete or inaccurate document; extension of time to submit or resubmit documents, fees or taxes.

108.130            Imposition and payment of administrative fines.

 

 

 

GENERAL PROVISIONS

      NAC 108.010  Definitions. (NRS 108.26797)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 108.020 to 108.060, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Motor Veh. by R116-05, eff. 12-29-2005)

      NAC 108.020  “Department” defined. (NRS 108.26797)  “Department” means the Department of Motor Vehicles.

     (Added to NAC by Dep’t of Motor Veh. by R116-05, eff. 12-29-2005)

      NAC 108.030  “Lien claimant” defined. (NRS 108.26797)  “Lien claimant” means any person who is entitled to a lien pursuant to NRS 108.270 and who meets any of the following definitions:

     1.  An automobile wrecker as defined in NAC 487.010;

     2.  A body shop as defined in NRS 487.532;

     3.  A dealer as defined in NRS 482.020;

     4.  A garage as defined in NRS 487.540;

     5.  A salvage pool as defined in NRS 487.400; or

     6.  An operator of a tow car as defined in NAC 706.4024.

     (Added to NAC by Dep’t of Motor Veh. by R116-05, eff. 12-29-2005)

      NAC 108.040  “Recreational vehicle” defined. (NRS 108.26797)  “Recreational vehicle” has the meaning ascribed to it in NRS 108.26775.

     (Added to NAC by Dep’t of Motor Veh. by R116-05, eff. 12-29-2005)

      NAC 108.050  “Trailer” defined. (NRS 108.26797)  “Trailer” has the meaning ascribed to it in NRS 108.26795.

     (Added to NAC by Dep’t of Motor Veh. by R116-05, eff. 12-29-2005)

      NAC 108.060  “Vehicle” defined. (NRS 108.26797)  “Vehicle” means a motor vehicle, motorcycle, trailer or recreational vehicle.

     (Added to NAC by Dep’t of Motor Veh. by R116-05, eff. 12-29-2005)

LIENS FOR STORAGE, MAINTENANCE, KEEPING OR REPAIR OF CERTAIN VEHICLES

      NAC 108.100  Lien sale of vehicle: Request for information from and cooperation with Department concerning stolen vehicle. (NRS 108.26797)

     1.  At least 7 business days before any lien sale of a vehicle, a lien claimant shall submit a request to the Department for information on whether the vehicle has been reported stolen. The request must be made in the manner and on a form prescribed by the Department.

     2.  If the vehicle has been reported as stolen, the lien claimant shall cooperate with the Department and provide any information or documentation regarding the vehicle that the Department requests.

     (Added to NAC by Dep’t of Motor Veh. by R116-05, eff. 12-29-2005)

      NAC 108.110  Lien sale of vehicle: Duties upon sale; form and contents of required documentation. (NRS 108.26797)

     1.  Except for a lien sale to a licensed wrecker, when a vehicle is sold as a result of a lien, the lien claimant shall:

 

 

     (a) Collect from the buyer of the vehicle:

          (1) The fee set forth in NRS 482.429 for a certificate of title for a vehicle registered in this State;

          (2) Any fees associated with a lien sale affidavit; and

          (3) Any applicable taxes pursuant to NRS 372.105 to 372.180, inclusive;

     (b) Give to the buyer of the vehicle a lien sale registration certificate to be submitted by the buyer at the time of the registration of the vehicle; and

     (c) Within 30 days after the lien sale of the vehicle, submit to the Department:

          (1) A completed lien sale affidavit;

          (2) A copy of the notice of a lien required pursuant to NRS 108.272;

          (3) The fees and taxes collected pursuant to paragraph (a); and

          (4) Any other required documents relating to the lien sale of the vehicle.

     2.  A lien sale affidavit and lien sale registration certificate must be on a form prescribed by the Department and must include, without limitation:

     (a) A description of the vehicle, including, without limitation:

          (1) Whether the vehicle meets any of the definitions set forth in NRS 482.098, 482.100, 487.740, 487.760, 487.770 or 487.790; and

          (2) Whether the vehicle has sustained damage to more than 50 percent of the vehicle’s exterior due to accident, flood or fire;

     (b) The name and address of the lien claimant;

     (c) The name and address of the buyer of the vehicle; and

     (d) The name and address of any party with a security interest in the vehicle at the time of the lien sale.

     (Added to NAC by Dep’t of Motor Veh. by R116-05, eff. 12-29-2005)

      NAC 108.120  Lien sale of vehicle: Return and resubmission of incomplete or inaccurate document; extension of time to submit or resubmit documents, fees or taxes. (NRS 108.26797)

     1.  The Department will return to a lien claimant any document submitted by the lien claimant pursuant to NAC 108.110 that is incomplete or contains inaccurate information. The lien claimant may resubmit any document that has been returned to him or her if the lien claimant resubmits the document within 30 days after the date on which the Department returned the document. A lien claimant who fails to resubmit a document that has been returned within the 30-day period shall be deemed to be in violation of this section, unless the lien claimant requests an extension of time pursuant to this section.

     2.  A lien claimant who wishes to obtain an extension of time to submit or resubmit any documents, fees or taxes required pursuant to this section must submit a request for an extension of time to the Department before the expiration of the period for submitting or resubmitting the documents, fees or taxes.

     3.  A request for an extension of time must be submitted on a form prescribed by the Department and must include, without limitation:

     (a) The name under which the lien claimant does business at the location where the sale or lease of the vehicle occurred;

     (b) The mailing address of the location described in paragraph (a);

     (c) A description of the vehicle, including, without limitation, the year, make and vehicle identification number of the vehicle;

     (d) A copy of the lien sale affidavit and a copy of the lien sale registration certificate; and

     (e) An explanation of why the extension is necessary.

     4.  The request for an extension of time must be submitted in person or sent by mail to any branch office of the Department that issues licenses for occupations and businesses regulated by the Department. A request that is mailed shall be deemed to be submitted on the date of the postmark that appears on the envelope in which the request was mailed, if the envelope is properly addressed to an office of the Department.

     5.  The Department may grant an extension of time to submit or resubmit any documents, fees or taxes for a period of not more than 90 days from the date the application for an extension of time is approved.

     6.  A lien claimant may submit more than one request for an extension of time to submit or resubmit the same documents, fees or taxes. Except as otherwise provided in subsection 7, the Department will approve a second or subsequent request for an extension of time if the Department determines that the request is justified.

     7.  If a lien claimant submits three or more requests for an extension of time to submit or resubmit the same documents, fees or taxes, the Department will forward the third or any subsequent request to the Division of Compliance Enforcement of the Department for review. The Department will not approve the third or subsequent request unless the Division of Compliance Enforcement first approves the request.

     8.  The Department will deny a request for an extension of time to submit or resubmit any documents, fees or taxes if:

     (a) For an initial request, the lien claimant submits the request to the Department after the expiration of the initial 30-day period for submitting any required documents, fees or taxes, unless the request is made after the Department has returned a document to the lien claimant pursuant to subsection 1;

     (b) For the second or a subsequent request, the lien claimant submits the request to the Department after the expiration of the extension period granted by the Department;

     (c) The request is incomplete or contains inaccurate information; or

     (d) The request is not submitted on a form prescribed by the Department.

     9.  If the Department denies a request for an extension of time due to incompleteness or inaccuracy, the Department will return the request to the lien claimant. A lien claimant who wishes to resubmit a request for an extension of time that has been denied due to incompleteness or inaccuracy must do so before the expiration of the period for submitting or resubmitting any documents, fees or taxes.

     (Added to NAC by Dep’t of Motor Veh. by R116-05, eff. 12-29-2005)

      NAC 108.130  Imposition and payment of administrative fines. (NRS 108.26797, 108.357)

     1.  Except as otherwise provided in subsection 2, any administrative fine imposed pursuant to NRS 108.357 must be made as follows:

     (a) For a first offense within a 3-year period, a fine of at least $100 but not more than $500, unless a consumer suffers substantial personal or financial harm, in which case the fine must be at least $1,500 but not more than $2,500;

     (b) For a second offense within a 3-year period, a fine of at least $500 but not more than $1,000, unless a consumer suffers substantial personal or financial harm, in which case the fine must be at least $1,500 but not more than $2,500;

     (c) For a third offense within a 3-year period, a fine of at least $1,000 but not more than $1,500, unless a consumer suffers substantial personal or financial harm, in which case the fine must be at least $1,500 but not more than $2,500; and

     (d) For a fourth or subsequent offense within a 3-year period, a fine of at least $1,500 but not more than $2,500.

     2.  For purposes of subsection 1, a cease and desist order issued by the Department constitutes evidence of a first offense.

     3.  Any person who has been fined pursuant to the provisions of NRS 108.357 shall make payment of the fine to the Department by the date specified in the notice of the violation, unless the person has requested a hearing pursuant to NRS 108.357.

     4.  If a person fails to pay a fine imposed pursuant to the provisions of this section, the Department may suspend, revoke or refuse to issue any license or registration, grant any privilege, process any documents or provide any service to that person until the fine has been paid in full, unless the person has requested a hearing pursuant to NRS 108.357.

     (Added to NAC by Dep’t of Motor Veh. by R116-05, eff. 12-29-2005)