Nev. Admin. Code § 704.3936 - Postponement of termination when dangerous to health

Current through March 28, 2022

1. If a utility or landlord intends to terminate service to a customer because of nonpayment, the utility or landlord shall postpone the termination for 30 days after the day on which it receives both of the following:
(a) A statement from a licensed physician, public health official or advanced practice registered nurse certifying that any termination of service would be especially dangerous to the health of the customer or another person who is a permanent resident of the premises where service is being provided and would constitute an emergency affecting the health of the person. The licensed physician, public health official or advanced practice registered nurse may consider the feebleness, advanced age, physical disability, mental incapacity, serious illness or other infirmity of the person affected and may also consider the necessity of cooling to maintain the health of the person affected, such as the necessity of cooling provided by an evaporative cooler or similar device. Except as otherwise provided in this paragraph, the statement must be in writing and include:
(1) The address where service is provided;
(2) The name of the person whose health would be especially endangered;
(3) A clear description of the nature of the emergency; and
(4) The name, title and signature of the licensed physician, public health official or advanced practice registered nurse certifying the emergency.

The statement may be made by telephone if a written statement is sent for confirmation to the utility or landlord within 5 days after the oral statement is made.

(b) A statement signed by the customer:
(1) That he or she is unable to pay for service in accordance with the requirements of the utility's or landlord's billing; or
(2) That he or she is able to pay for service only in installments. The utility or landlord shall allow an installment plan of up to 60 days for the customer to pay the bills of the customer. The installment plan must consist of three equal payments with the first payment to be made when the customer presents the signed statement to the utility or landlord.
2. The postponement may be extended for an additional 30 days if the utility or landlord receives a renewed medical certificate before the expiration of the original period of postponement.
3. If a utility or landlord again intends to terminate service after a customer has obtained a postponement pursuant to subsection 1, the utility or landlord shall give written notice of its intended action:
(a) To the Division;
(b) To the customer; and
(c) To each governmental agency or other organization which has notified the utility or landlord that it will help customers who are unable to pay their bills.
4. Before the period of postponement expires, the customer must arrange with the utility or landlord to pay the bills of the customer in accordance with its applicable rules.

Notes

Nev. Admin. Code § 704.3936
Added to NAC by Pub. Utilities Comm'n by R126-02, eff. 2-17-2005; A by R061-17A, eff. 12/19/2017
NRS 703.025, 704.040, as amended by section 1 of Senate Bill No. 412, Chapter 117, Statutes of Nevada 2017, at page 512, NRS 704.210, 704.6873.

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