Nev. Admin. Code § 704.393 - Provision of notice of termination

1. Except as otherwise provided in NAC 704.3932, if a utility or landlord has a reason for the termination of service pursuant to NAC 704.3928 and intends to terminate service, the utility or landlord shall in every case send a written notice of its intended action to the customer at least 10 days before it carries out the action.

2. If the utility or landlord receives no response to the initial notice, it shall send a second notice to the customer using a method which ensures that the notice is delivered to the customer or the customer's premises at least 48 hours before it terminates service.

3. The initial notice must be served upon the customer:

(a) By personal service; or

(b) By depositing the notice with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the customer's last known mailing address.

4. Service of the initial notice shall be deemed complete on the date that the notice is:

(a) Delivered by personal service to the customer; or

(b) Deposited with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the customer's last known mailing address.

5. The initial notice and any second notice of an intended termination of service must contain the following information in plain language, with the information listed in paragraphs (i) and (j) presented in a larger type size than the balance of the notice:

(a) An identification of the account affected by the intended termination.

(b) The date on which the intended termination will occur.

(c) The address of the location where service will be terminated.

(d) The reason for the intended termination, including, if the intended termination is for nonpayment, a statement designating the bill as one for actual or estimated use and specifying the total amount owed, the period over which that amount was incurred and the minimum payment required to avoid termination.

(e) The procedures which are available to dispute or appeal from the intended termination, specifying the address and telephone number of the utility's or landlord's office which is responsible for handling complaints or inquiries.

(f) A statement that the utility or landlord will promptly investigate any complaint or dispute and give the customer its written decision on the matter.

(g) A statement that if the customer wishes to dispute any fact or interpretation of a regulation relied upon by the utility or landlord in its decision to terminate service, the customer must communicate with the Division. The statement must include the mailing address, telephone number and toll-free telephone number of the Division.

(h) A statement that service will not be terminated before a resolution of the dispute if the customer pays the questioned portion of the bill at the time the dispute arises and pays all subsequent bills.

(i) An explanation of any arrangements for payment which the utility or landlord offers to customers who have difficulty in paying their bills, including the program of deferred payments described in NAC 704.3932.

(j) If the location where service will be terminated is in a county whose population is 50,000 or more:

(1) The appropriate addresses and telephone numbers of the Division of Welfare and Supportive Services of the Department of Health and Human Services; and

(2) A list of the names, addresses and telephone numbers of other organizations which have notified the utility that they will help customers who are unable to pay their bills.

(k) An explanation of the restrictions on the termination as set forth in NAC 704.3936.

(l) An explanation of the utility's or landlord's fee schedule and procedures for reconnecting service.

6. If a utility has a reason for the termination of service and intends to terminate service to a mobile home park or a multiunit residential complex, the utility shall use its best efforts to notify the occupants of each family dwelling unit located within the park or complex of the utility's intended action. The utility shall use its best efforts to notify the occupants by posting on the door of each such unit a written notice which states:

(a) The reason for the termination of service;

(b) The deadline for making any delinquent payments or for taking any corrective action that is necessary to avoid the termination of service; and

(c) The date scheduled for the termination of service in the event that any delinquent payments are not made or corrective action is not taken.

The utility shall provide the notice required by this subsection to the occupants of a multiunit residential complex at the same time that the utility provides notice to the customer of record for the complex.

Notes

Nev. Admin. Code § 704.393

Added to NAC by Pub. Utilities Comm'n by R126-02, eff. 2-17-2005

NRS 703.025, 704.1835, 704.210