Nev. Admin. Code § 490.615 - Administrative fines for engaging in deceptive trade practice

1. The Department may, pursuant to NRS NRS 490.510, impose an administrative fine of not more than $2,500 against any person who engages in a deceptive trade practice.

2. For the purposes of this section, a person shall be deemed to be engaged in a deceptive trade practice if, in the course of his or her business or occupation, he or she:

(a) Enters into a contract for the sale of an off-highway vehicle on credit with a customer, exercises a valid option to cancel the off-highway vehicle sale and then, after the customer returns the off-highway vehicle with no damage other than reasonable wear and tear, the seller:

(1) Fails to return any down payment or other consideration in full, including returning an off-highway vehicle accepted in trade;

(2) Knowingly makes a false representation to the customer that the customer must sign another contract for the sale of the off-highway vehicle on less favorable terms; or

(3) Fails to use the disclosure as required in subsection 3.

(b) Uses a contract for the sale of an off-highway vehicle or a security agreement that materially differs from the form prescribed by law.

(c) Engages in any deceptive trade practice, as defined in NRS NRS NRS 598.0915 to 598.0925, inclusive, that involves the purchase and sale or lease of an off-highway vehicle.

(d) Engages in any other activity specified by the Department as a deceptive trade practice.

3. If, in the course of his or her business or occupation, a seller of an off-highway vehicle exercises a valid option to cancel the sale of an off-highway vehicle to a customer, the seller shall not enter into a new agreement with the customer for the sale of the same vehicle on different terms or for the sale of a different vehicle unless the seller first provides the customer with a disclosure on a form furnished by the Department pursuant to NAC 490.085 and the customer signs the disclosure.

4. Except as otherwise provided in this subsection, the administrative remedy provided in this section is not exclusive and is intended to supplement existing law. The Department will not impose an administrative fine pursuant to this section against any person who engages in a deceptive trade practice if a fine has previously been imposed against that person pursuant to NRS NRS 598.0903 to 598.0999, inclusive, for the same act. The provisions of this section do not deprive a person injured by a deceptive trade practice from resorting to any other legal remedy.

Notes

Nev. Admin. Code § 490.615

Added to NAC by Dep't of Motor Veh. by R130-11, 6-29-2012, eff. 7-1-2012

NRS 481.051, 490.066, 490.510