NRS 489.233 Depositof administrative fines; appointment of hearing officers or panels byAdministrator; presentment of claim to State Board of Examiners.

NRS 489.235 Administrator:Regulation of structures built in compliance with requirements of chapter 461 of NRS.

NRS 489.241 Regulations:Federal and national standards; issuance of certificates and labels ofcompliance.

NRS 489.251 Regulationspertaining to safety standards and inspection; certificate of installation andlabel of installation prerequisite to connecting utilities.

NRS 489.261 Regulationspertaining to accessory structures.

NRS 489.263 Regulationsestablishing system for issuance and renewal of permits for installation,design, approval or modification.

NRS 489.265 Trustaccount for deposit of advance fees for payment of services of Division;regulations.

NRS 489.272 Regulationsconcerning certain sales or transfers of title or ownership.

NRS 489.281 Regulationsconcerning issuance and renewal of limited dealers license.

NRS 489.285 Regulationsconcerning requirements of continuing education for general servicemen,specialty servicemen, responsible managing employees and salesmen.

NRS 489.287 Enforcementof regulations; inspections.

NRS 489.288 Adoptionof ordinances and regulations by local governing body; preemption of morestringent ordinances and regulations; exception.

NRS 489.289 Variancesfor local governing bodies.

NRS 489.291 Enforcementof statutes and regulations: Notice of violation; penalty; liability for costsof enforcement.

NRS 489.293 Enforcementof subpoenas issued by Administrator.

NRS 489.295 Orderto vacate used manufactured home, mobile home or commercial coach.

NRS 489.297 Orderto stop work.

CONSTRUCTION, SALE AND INSTALLATION

NRS 489.301 Licensefor manufacturing plant: Requirements; regulations.

NRS 489.305 Licensefor branch office of dealer, general serviceman or specialty serviceman.

NRS 489.311 Licenseto engage in business of dealer, manufacturer, general serviceman or specialtyserviceman: Requirements.

NRS 489.321 Licenseto engage in business of dealer, manufacturer, general serviceman or specialtyserviceman: Application; bond; issuance, expiration and renewal. [Effectiveuntil the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 489.321 Licenseto engage in business of dealer, manufacturer, general serviceman or specialtyserviceman: Application; bond; issuance, expiration and renewal. [Effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional, occupationaland recreational licenses for child support arrearages and for noncompliancewith certain processes relating to paternity or child support proceedings.]

NRS 489.323 Proofof completion of continuing education required for renewal of license ofgeneral serviceman, specialty serviceman, responsible managing employee orsalesman.

NRS 489.325 Regulationsproviding for licensing of specialty servicemen.

NRS 489.331 Authorityto sell used manufactured and mobile homes in connection with sale of realproperty without license issued pursuant to this chapter.

NRS 489.336 Licensefor sale of used mobile homes by landlord or manager of mobile home park.

NRS 489.341 Licensefor salesman or responsible managing employee. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 489.341 Licensefor salesman or responsible managing employee. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 489.342 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Division. [Expires by limitation on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 489.343 Partnershipor corporation doing business as manufacturer, dealer, general serviceman orspecialty serviceman.

NRS 489.344 Memberor officer of partnership or corporation who performs specified acts requiredto obtain separate applicable license.

NRS 489.351 Examinationof applicant for license.

NRS 489.357 Licensenot to be used by person other than to whom issued; disciplinary action.

NRS 489.381 Disciplinaryaction against licensees.

NRS 489.391 Groundsfor disciplinary action: Failure to establish place of business; conductingbusiness from unauthorized location; insolvency; furnishing false information;failure to prove employment or good character; other conduct; obtainingcontents of examination.

NRS 489.401 Groundsfor disciplinary action: Deceptive advertising; misrepresentation; failure todisclose; failure to provide copy of certificate of installation; inducingfalsification of credit application; failure to obtain acknowledgment ofnotice.

NRS 489.411 Groundsfor disciplinary action: Compensation from certain exclusive agreements;conflicts of interest; paying unlicensed person; commingling; allowingunlicensed person to engage in acts requiring licensure; failure to account foror remit money or to discharge final judgment; acting as agent and undisclosedprincipal.

NRS 489.421 Groundsfor disciplinary action: Revocation or denial of license; failure to maintainlicense or to respond to notice; failure to take corrective action or permitaccess; violation of order, agreement or law; convictions; fraudulent dealing.

NRS 489.423 Disciplinaryaction against licensed dealer for knowledge of unlawful act of employee orassociate or failure to maintain adequate supervision.

NRS 489.425 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 489.426 Advancefees: Persons authorized to accept; accounting of use; regulations;disciplinary action.

NRS 489.431 Investigationby Administrator; disciplinary action.

NRS 489.436 Bidding,contracting or otherwise acting in capacity of licensee without having license:Cease and desist order; injunction; fine.

NRS 489.441 Hearingsbefore Administrator.

NRS 489.451 Commercialcoach to bear certificate and label of compliance; limitation.

NRS 489.461 Compliancewith local building codes and ordinances not required if certificate and labelissued; exception.

NRS 489.481 Regulationsproviding fees for certificates, labels, licenses and other services providedby Division.

NRS 489.491 Fundfor Manufactured Housing.

ACCOUNT FOR EDUCATION AND RECOVERY RELATING TO MANUFACTUREDHOUSING

NRS 489.4971 Creation;use; fees; payments; service of copy of complaint upon commencement of action.

NRS 489.4975 Recoveryfrom Account: Procedure; hearing; limitation.

NRS 489.4977 Administratormay answer petition; compromise of claims.

NRS 489.4979 Courtorder requiring payment from Account.

NRS 489.4981 Automaticsuspension of license upon court order requiring payment; conditions forreinstatement of license.

NRS 489.4983 Distributionof payment if claims exceed Accounts maximum liability; satisfaction of unpaidclaims when balance becomes sufficient.

NRS 489.4985 Administratorsright to subrogation.

NRS 489.4987 Waiverof rights.

NRS 489.4989 Disciplinaryaction against licensee not restricted for violation of law or regulation.

CERTIFICATES OF OWNERSHIP

NRS 489.501 Dealersreport of sale of new manufactured home, mobile home or commercial coach: Contents;time to submit; copies; acknowledgment of taxes.

NRS 489.511 Dealersreport of sale of used or rebuilt manufactured home, mobile home or commercialcoach: Contents; time to submit; copies; buyer to sign acknowledgment of taxes;submission of information to Division.

NRS 489.521 Saleof used or rebuilt manufactured home, mobile home or commercial coach by personnot dealer: Documents and statement to be submitted to Division and countyassessor.

NRS 489.531 Paymentof property taxes on used manufactured home or used mobile home prerequisite toissuance of certificate.

NRS 489.541 Issuanceof certificate.

NRS 489.551 Endorsementof certificate upon transfer.

NRS 489.561 Issuanceof certificate when transferee unable to present previously issued certificate.

NRS 489.571 Issuanceof certificate to secured parties; delivery of certificate followingperformance of contract or security agreement.

NRS 489.581 Rightsand duties of debtor and secured party; perfection and release of securityinterest.

LABELS AND CERTIFICATES OF INSTALLATION

NRS 489.591 Divisionrequired to adopt regulations concerning issuance.

NRS 489.593 Certificatesof installation: Contents.

NRS 489.595 Certificatesof installation: Dealer required to provide copy to purchaser of newmanufactured home; sample copies.

NRS 489.596 Trainingregarding inspections necessary for issuance of certificates of installationand labels of installation.

NRS 489.5965 Issuanceof certificate of installation or label of installation without completingtraining program prohibited.

NRS 489.597 Administratorrequired to adopt regulations.

SPECIAL PLATES AND PERMITS FOR MOVEMENT

NRS 489.601 Specialplates for movement of manufactured home, mobile home or commercial coach:Issuance; regulations; fees.

NRS 489.611 Permitrequired for movement upon highways or roads; exceptions.

NRS 489.621 Application;fee and required proof; expiration; use.

NRS 489.631 Contentsof application; duties of county assessor.

NRS 489.641 Size,shape, form and display of permit.

NRS 489.651 Suppliesof forms; disposition of fees.

NRS 489.661 Violations;penalty; seizure of manufactured home, mobile home or commercial coach.

EQUIPMENT; FIXTURES

NRS 489.701 Smokedetectors required for mobile homes, commercial coaches, travel trailers andmanufactured homes sold or used for residential purposes in State;interconnectivity devices.

NRS 489.706 Newlyconstructed mobile and manufactured homes: Minimal standards for plumbingfixtures.

TAXATION

NRS 489.711 Dealerexempt from property tax on inventory.

CONTRACTS AND OTHER LEGAL AGREEMENTS

NRS 489.715 Disclosureof terms and conditions of offer to be contained in signed document; submissionof signed offer.

NRS 489.7152 Formof contracts to be used by dealer for sale and listing of manufactured home,mobile home or commercial coach; disciplinary action for failure to use forms.

NRS 489.7154 Contractfor sale or exchange of interest in mobile home, manufactured home orcommercial coach: Dealer prohibited from obtaining or attempting to obtainsignature of buyer if essential provisions not set forth; authority of dealerto insert certain information; Administrator to prescribe essential provisions.

NRS 489.7158 Brokerageagreements: Duties of dealer; dealer prohibited from entering unless dealerdetermines client able to deliver good title.

NRS 489.716 Workpertinent to sale, installation and occupancy of manufactured home: Authorityof certain dealers to enter into written agreements with providers of service;buyer not to be required to obtain services from specific provider; written disclosure.

FINANCIAL AND FIDUCIARY DUTIES OF DEALER

NRS 489.717 Dealerprohibited from requiring purchaser to obtain loan or financing from specificperson; disclosure of prohibition to purchaser; regulations.

NRS 489.721 Depositof receipts from sale of commercial coach in fiduciary account.

NRS 489.723 Moneyreceived by dealer concerning sale or exchange of interest in manufacturedhome, mobile home or commercial coach: Duties of dealer; distribution of money;exceptions.

NRS 489.724 Moneyreceived by dealer on behalf of another: Deposit in separate account; records;inspection and audit; restrictions on withdrawal of money deposited pursuant towritten contract; provision of certain financial information to Division.

NRS 489.727 Dealerprohibited from commingling money or other property.

NRS 489.729 Dealerrequired to satisfy outstanding security interest in mobile home, manufacturedhome or commercial coach taken in trade.

MISCELLANEOUS PROVISIONS

NRS 489.731 Restrictionson leasing of vacant lots.

NRS 489.741 Limitationof actions against Division and its employees.

NRS 489.751 Impliedwarranty by dealer of working order of essential systems of manufactured home,mobile home or commercial coach.

NRS 489.756 Establishedplace of business to display sign; contents; conformance to regulations.

DISCLOSURE THAT HOME OR COACH HAS BEEN USED IN MANUFACTURE OFMETHAMPHETAMINE

NRS 489.770 Definitions.

NRS 489.772 Transfereedefined.

NRS 489.774 Transferordefined.

NRS 489.776 Dutiesof transferor or agent; when disclosure not required; regulations.

NRS 489.778 Potentialliability of transferor and agent to transferee; options of transferee upondisclosure; rights and remedies additional.

NRS 489.780 Groundsfor disciplinary action against licensed dealer or salesman.

UNLAWFUL ACTS; PENALTIES

NRS 489.801 Manufactureor sale of noncomplying unit; sale without certificate or label of compliance;false certification; notification of defects; failure to permit access;disclosure of contents of examination; use of unsafe unit.

NRS 489.806 Bidding,contracting or otherwise acting in capacity of licensee without having license:Prohibition; prosecution; payment of costs and damages; violative bids andcontracts deemed void.

NRS 489.811 Civilpenalties.

NRS 489.814 Administrativefines for certain violations related to licensing.

NRS 489.821 Falseentries; furnishing false information or document; violation of federal law;failure to maintain trust account; commingling; other violations.

_________

GENERAL PROVISIONS

NRS 489.021 Legislativefindings and declaration.

1. The Legislature finds that the construction,assembly and use of manufactured homes, mobile homes, travel trailers andcommercial coaches and their systems, components and appliances, and thealteration, transportation and installation of manufactured homes, mobile homesand commercial coaches, like other products having concealed vital parts, maypresent hazards to the health, life and safety of persons and the safety ofproperty unless they are properly manufactured, altered, transported andinstalled.

2. In the sale of manufactured homes, mobile homes,travel trailers and commercial coaches, there is also the possibility ofunascertained defects in them even though they are inspected by purchasers.

3. It is the policy and purpose of this state to protectthe public against these hazards and to prohibit the manufacture, sale,alteration, transportation and installation in this state of manufacturedhomes, mobile homes, travel trailers and commercial coaches which are notconstructed in a manner which provides reasonable safety and protection toowners and users.

4. The Legislature further intends to provide aprocedure to assure that this state assumes the fullest responsibility for theadministration and enforcement of federal safety and construction standards formanufactured homes in Nevada in accordance with the National ManufacturedHousing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 etseq.).

(Added to NRS by 1973, 1065; A 1977, 1452; 1983, 776)

NRS 489.031 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS489.036 to 489.155, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1973, 1065; A 1975, 1579; 1977,1227, 1452; 1979, 1214; 1983, 777; 1999, 860; 2001, 1726; 2005, 1628)

NRS 489.036 Administratordefined. Administrator means the Chief ofthe Manufactured Housing Division.

(Added to NRS by 1979, 1201)

NRS 489.043 Brokerageagreement defined. Brokerage agreementmeans a contract between a dealer and a client in which the dealer agrees toaccept compensation to:

1. Assist, solicit or negotiate the sale or exchangeof an interest in a manufactured home, mobile home or commercial coach; or

2. Induce any person to buy or exchange an interest ina manufactured home, mobile home or commercial coach.

(Added to NRS by 1999, 858)

NRS 489.051 Certificateof compliance defined. Certificate of compliancemeans a certificate issued by this state certifying that the plumbing, heating,electrical systems, body and frame design and construction requirements of a commercialcoach or the reconstruction or alteration requirements of a mobile home orcommercial coach comply with standards adopted by the Division.

(Added to NRS by 1973, 1065; A 1977, 1453; 1981,1191; 1983, 777; 1993, 2052)

NRS 489.056 Clientdefined. Client means a person who hasentered into a brokerage agreement with a dealer.

(Added to NRS by 1999, 858)

NRS 489.062 Commercialcoach defined. Commercial coach means astructure without motive power which is designed and equipped for human occupancyfor industrial, professional or commercial purposes. The term does not includea recreational park trailer.

(Added to NRS by 1977, 1451; A 1979, 1215; 2001, 1726)

NRS 489.076 Dealerdefined.

1. Dealer means any person who:

(a) For compensation, money or any other thing ofvalue, sells, exchanges, buys or offers for sale, negotiates or attempts tonegotiate a sale or exchange of an interest in a manufactured home, mobile homeor commercial coach subject to the requirements of this chapter, or induces orattempts to induce any person to buy or exchange an interest in a manufacturedhome, mobile home or commercial coach;

(b) For compensation, money or any other thing ofvalue, leases or rents, offers for lease or rental, negotiates or attempts tonegotiate the lease or rental of an interest in a manufactured home, mobilehome or commercial coach subject to the requirements of this chapter, orinduces or attempts to induce any person to lease or rent an interest in amanufactured home, mobile home or commercial coach;

(c) Receives or expects to receive a commission, money,brokerage fees, profit or any other thing of value from either the seller orpurchaser of any manufactured home, mobile home or commercial coach;

(d) Is engaged wholly or in part in the business of:

(1) Selling, renting or leasing manufacturedhomes, mobile homes or commercial coaches;

(2) Buying or taking manufactured homes, mobilehomes or commercial coaches in trade for the purpose of resale, selling, oroffering them for sale or consignment to be sold;

(3) Buying or taking manufactured homes, mobilehomes or commercial coaches in trade to rent, lease or offer them for rent orlease; or

(4) Otherwise dealing in manufactured homes,mobile homes or commercial coaches; or

(e) Acts as a repossessor or liquidator concerningmanufactured homes, mobile homes or commercial coaches,

whether ornot they are owned by such persons.

2. The term does not include:

(a) Receivers, trustees, administrators, executors,guardians or other persons appointed by or acting under the order of any court;

(b) Public officers while performing their officialduties;

(c) Banks, savings and loan associations, creditunions, thrift companies or other financial institutions proceeding asrepossessors or liquidators of their own security;

(d) A person who rents or leases his manufactured home,mobile home or commercial coach;

(e) An owner selling his private residence; or

(f) A real estate broker, real estate broker-salesmanor real estate salesman who is licensed pursuant to chapter645 of NRS and who, for another and for compensation or with the intentionor expectation of receiving compensation, sells, exchanges, options, purchases,rents or leases, or negotiates or offers, attempts or agrees to negotiate thesale, exchange, option, purchase, rental or lease of, or lists or solicits prospectivepurchasers, lessees or renters of, used manufactured homes or used mobile homesin connection with the sale of a fee simple interest in real property and theused manufactured home or used mobile home is situated on the real propertysold.

(Added to NRS by 1975, 1571; A 1977, 1453; 1983, 777;1987, 2088; 1999, 860;2005, 663)

NRS 489.091 Divisiondefined. Division means the ManufacturedHousing Division of the Department of Business and Industry.

(Added to NRS by 1979, 1201; A 1993, 1653)

NRS 489.092 Dwellingdefined. Dwelling means one or morehabitable rooms which are designed to be occupied by one family with facilitiesfor living, sleeping, cooking and eating.

(Added to NRS by 1979, 1201)

NRS 489.095 Establishedplace of business defined.

1. Established place of business means an enclosedbuilding or structure owned either in fee or leased with sufficient space toconduct the business of the dealer and large enough to accommodate the officeor offices of the dealer and to provide a safe place to keep the books andother records of the business of the dealer, at which site or location theprincipal portion of the dealers business is conducted.

2. The books and records of a dealer must be kept andmaintained at the dealers established place of business and be open toinspection during usual business hours by any authorized agent of the Division.

(Added to NRS by 1975, 1571; A 1977, 1453; 1979, 1215)

NRS 489.100 Firmdefined. Firm means a corporation,partnership, association or governmental agency of the United States or of anystate.

(Added to NRS by 1973, 1066)

NRS 489.102 Generalserviceman defined.

1. General serviceman means a person who owns or isthe responsible managing employee of a business which:

(a) Installs or repairs the awnings, roofing, skirting,plumbing, heating or electrical systems of a manufactured home, mobile home orcommercial coach;

(b) Installs, removes or tears down a manufacturedhome, mobile home or commercial coach at the site where it will be or has beenused for occupancy; or

(c) Reconstructs a manufactured home, mobile home orcommercial coach by the alteration, addition or substitution of substantial oressential parts.

2. The term does not include:

(a) A licensed manufacturer engaged in the repair orservice of a manufactured home, mobile home or commercial coach that wasmanufactured by the licensed manufacturer;

(b) The owner or purchaser of a manufactured home ormobile home who uses the manufactured home or mobile home as his privateresidence; or

(c) The owner or purchaser of a commercial coach whouses the commercial coach for his own industrial, professional or commercialpurposes.

(Added to NRS by 2005, 1625)

NRS 489.104 Installationdefined.

1. Installation means the complete operation offixing in place a manufactured home, mobile home or commercial coach foroccupancy.

2. The term includes, without limitation, pierblocking, prefabricated footings, ground anchoring and the connection toutility terminals on the site.

(Added to NRS by 1979, 1201; A 1983, 777)

NRS 489.105 Installerdefined. Repealed. (See chapter 408, Statutes of Nevada 2005,at page 1641.)

NRS 489.110 Labelof compliance defined. Label of compliancemeans a label permanently attached to:

1. A commercial coach upon the completion of theconstruction of the coach; or

2. A mobile home or commercial coach upon thecompletion of any reconstruction or alteration of the home or coach,

under theauthority of the Division which certifies that the mobile home or commercialcoach is in compliance with standards adopted by the Division.

(Added to NRS by 1973, 1066; A 1977, 1453; 1979,1215; 1983, 778; 1993, 2052)

NRS 489.113 Manufacturedhome defined.

1. Manufactured home means a structure which is:

(a) Built on a permanent chassis;

(b) Designed to be used with or without a permanentfoundation as a dwelling when connected to utilities;

(d) Eight feet or more in body width or 40 feet or morein body length when transported, or, when erected on site, contains 320 squarefeet or more.

2. The term includes:

(a) The plumbing, heating, air-conditioning andelectrical systems of the structure.

(b) Any structure:

(1) Which meets the requirements of paragraphs(a) to (c), inclusive, of subsection 1, and with respect to which themanufacturer voluntarily files a certification required by the Secretary ofHousing and Urban Development and complies with the standards established underthe National Manufactured Housing Construction and Safety Standards Act of1974, 42 U.S.C. 5401 et seq.; or

(2) Built in compliance with the requirements ofchapter 461 of NRS.

3. The term does not include a recreational parktrailer.

(Added to NRS by 1983, 775; A 1995, 2601; 2001, 1726)

NRS 489.115 Manufacturerdefined. Manufacturer means every personengaged in the business of manufacturing manufactured homes, mobile homes,travel trailers or commercial coaches.

(Added to NRS by 1975, 1571; A 1977, 1454; 1983, 778)

NRS 489.120 Mobilehome defined.

1. Mobile home means a structure which is:

(a) Built on a permanent chassis;

(b) Designed to be used with or without a permanentfoundation as a dwelling when connected to utilities; and

2. The term includes the design of the body and frameand the plumbing, heating, air-conditioning and electrical systems of themobile home.

3. The term does not include a recreational parktrailer, travel trailer, commercial coach or manufactured home or any structurebuilt in compliance with the requirements of chapter461 of NRS.

(Added to NRS by 1973, 1066; A 1975, 1579; 1977,1454; 1979, 1216; 1983, 778; 2001, 1726)

NRS 489.122 Movementdefined. Movement means the act of towing,pushing or otherwise propelling a manufactured home, mobile home or commercialcoach upon a highway or road.

(Added to NRS by 1979, 1201; A 1983, 778)

NRS 489.125 Newmanufactured home, new mobile home, new travel trailer and new commercialcoach defined. New manufactured home, newmobile home, new travel trailer or new commercial coach means amanufactured home, mobile home, travel trailer or commercial coach,respectively, which has never been sold at retail or occupied either prior toor after sale for the purpose intended by the manufacturer and has never beenregistered with or been the subject of a certificate of title issued by theappropriate agency of authority of any other state, the District of Columbia,any territory or possession of the United States or foreign state, province orcountry.

(Added to NRS by 1975, 1571; A 1977, 1454; 1983, 778)

NRS 489.135 Rebuilderdefined. Repealed. (See chapter 408, Statutes of Nevada 2005,at page 1641.)

NRS 489.1351 Recreationalpark trailer defined. Recreational park trailerhas the meaning ascribed to it in NRS482.1005.

(Added to NRS by 2001, 1726)

NRS 489.1353 Responsiblemanaging employee defined. Responsiblemanaging employee means the person designated by the employer to exercise authorityin connection with his principal or employers business in the following manner:

1. To make technical and administrative decisions.

2. To hire, superintend, promote, transfer, lay off,discipline or discharge other employees and to direct them, either personallyor through others, or effectively recommend such action on behalf of hisprincipal or employer.

(Added to NRS by 1979, 1201)

NRS 489.137 Salesmandefined. Salesman means any person employedby a dealer under any form of contract or arrangement to sell, rent, lease, exchangeor buy, or offer for sale, rental, lease or exchange, an interest in amanufactured home, mobile home or commercial coach to any person, and who receivesor expects to receive a commission, fee or any other consideration from hisemployer.

(Added to NRS by 1975, 1572; A 1977, 1455; 1983, 779;1999, 861; 2005, 1628)

NRS 489.145 Servicemandefined. Repealed. (See chapter 408, Statutes of Nevada 2005,at page 1641.)

NRS 489.147 Specialtyserviceman defined.

1. Specialty serviceman means a person who owns oris the responsible managing employee of a business which is limited in thescope of the work it may perform on or in a manufactured home, mobile home orcommercial coach in accordance with NRS489.325.

2. The term does not include:

(a) A licensed manufacturer engaged in the repair orservice of a manufactured home, mobile home or commercial coach that wasmanufactured by the licensed manufacturer;

(b) The owner or purchaser of a manufactured home ormobile home who uses the manufactured home or mobile home as his privateresidence; or

(c) The owner or purchaser of a commercial coach whouses the commercial coach for his own industrial, professional or commercialpurposes.

(Added to NRS by 2005, 1626)

NRS 489.150 Traveltrailer defined. Travel trailer means aportable structure mounted on wheels, consisting of a vehicular chassisprimarily designed as temporary living quarters for recreational, camping ortravel use and designed to be drawn by another vehicle, and designated by themanufacturer as a travel trailer. The term does not include a recreational parktrailer.

(Added to NRS by 1973, 1066; A 1977, 1455; 1979,1216; 2001, 1727)

NRS 489.155 Usedmanufactured home, used mobile home, used travel trailer and usedcommercial coach defined. Used manufacturedhome, used mobile home, used travel trailer or used commercial coachmeans a manufactured home, mobile home, travel trailer or commercial coach,respectively, which has been:

1. Sold, rented or leased and occupied prior to orafter the sale, rental or lease; or

2. Registered with or been the subject of acertificate of title issued by the appropriate agency of authority of any otherstate, the District of Columbia, or any territory or possession of the UnitedStates or foreign state, province or country.

(Added to NRS by 1975, 1572; A 1977, 1455; 1983, 779)

ADMINISTRATION AND ENFORCEMENT

NRS 489.201 Administrationof chapter. The provisions of this chaptermust be administered by the Division, subject to administrative supervision bythe Director of the Department of Business and Industry.

(Added to NRS by 1979, 1202; A 1993, 1653)

NRS 489.211 Administrator:Qualifications; conflicts of interest prohibited. TheAdministrator shall:

1. Possess a broad knowledge of generally acceptedmanagement practices and be reasonably well informed on laws governingmanufactured homes, mobile homes, travel trailers and commercial coaches.

2. Hold no interest in any firm which sells,manufactures, rebuilds or services any manufactured home, mobile home, traveltrailer or commercial coach or installs any manufactured home, mobile home orcommercial coach, nor may he act as agent for any of them.

(Added to NRS by 1979, 1202; A 1983, 779)

NRS 489.221 Employeesof Division: Conflicts of interest prohibited. Noemployee of the Division may hold an interest in any firm which sells,manufactures, rebuilds or services any manufactured home, mobile home, traveltrailer or commercial coach or installs any manufactured home, mobile home orcommercial coach, nor act as an agent for any of them.

(Added to NRS by 1979, 1202; A 1983, 779)

NRS 489.231 Administrator:Powers.

1. In order to carry out the provisions of thischapter, the Administrator may:

(a) Issue subpoenas for the attendance of witnesses orthe production of books, papers and documents; and

(b) Conduct hearings.

2. The Administrator may apply for and receive grantsfrom the Secretary of Housing and Urban Development for developing and carryingout a plan for enforcement and administration of federal standards of safetyand construction respecting manufactured homes offered for sale or lease inthis state.

3. The Administrator may adopt regulations to ensureacceptance by the Secretary of Housing and Urban Development of the state planfor administration and enforcement of federal standards of safety andconstruction respecting manufactured homes in accordance with the NationalManufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.).

4. The Administrator may:

(a) Make inspections;

(b) Approve plans and specifications;

(d) Issue licenses, certificates of ownership andcertificates and labels of compliance and installation;

(e) Enter into reciprocal agreements with other statesor private organizations that adopt and maintain standards reasonablyconsistent with this chapter;

(f) Collect the fees provided for in this chapter; and

(g) Adopt regulations necessary to carry out his dutiesunder this chapter.

5. The Administrator or his representative may enter,at reasonable times and without notice, any mobile home park or place ofbusiness or any factory, warehouse or establishment in which manufacturedhomes, mobile homes or travel trailers are manufactured, stored or held forsale and inspect at reasonable times in a reasonable manner the premises andbooks, papers, records and documents which are relevant to the manufacture andsale of manufactured homes, mobile homes or travel trailers and compliance withthe National Manufactured Housing Construction and Safety Standards Act of 1974(42 U.S.C. 5401 et seq.) and to compliance by landlords of mobile home parkswith the prohibition in NRS 118B.140against charging or receiving any entrance or exit fee. A magistrate shallissue a warrant to permit an inspection if the Administrator has shown:

(a) Evidence that a violation of a provision of thischapter or of the prohibition in NRS118B.140 against charging or receiving any entrance or exit fee has been committedor is being committed; or

(b) That the business has been chosen for an inspectionon the basis of a general administrative plan for the enforcement of theprovisions of this chapter.

(Added to NRS by 1979, 1202; A 1981, 85, 1852; 1983,780)

NRS 489.233 Depositof administrative fines; appointment of hearing officers or panels byAdministrator; presentment of claim to State Board of Examiners.

1. Except as otherwise provided in this section, allmoney collected from administrative fines imposed pursuant to this chapter mustbe deposited in the State General Fund.

2. The money collected from an administrative fine maybe deposited with the State Treasurer for credit to the Fund for ManufacturedHousing created pursuant to NRS 489.491if:

(a) The person pays the administrative fine without exercisinghis right to a hearing to contest the administrative fine; or

(b) The administrative fine is imposed in a hearingconducted by a hearing officer or panel appointed by the Administrator.

3. The Administrator may appoint one or more hearingofficers or panels and may delegate to those hearing officers or panels thepower of the Administrator to conduct hearings and other proceedings, determineviolations, impose fines and penalties and take other disciplinary actionauthorized by the provisions of this chapter.

4. If money collected from an administrative fine isdeposited in the State General Fund, the Administrator may present a claim tothe State Board of Examiners for recommendation to the Interim FinanceCommittee if money is needed to pay attorneys fees or the costs of aninvestigation, or both.

(Added to NRS by 2005, 1628)

NRS 489.235 Administrator:Regulation of structures built in compliance with requirements of chapter 461of NRS. The Administrator or his designeeshall regulate, in accordance with the standards established by the regulationsof the Division pursuant to chapter 461 ofNRS, a structure built in compliance with the requirements of chapter 461 of NRS.

(Added to NRS by 1995, 2601)

NRS 489.241 Regulations:Federal and national standards; issuance of certificates and labels ofcompliance. The Administrator shall adoptregulations:

1. Consistent with the federal regulations governingprocedure and enforcement respecting manufactured homes to administer andenforce federal construction and safety standards respecting manufactured homesin accordance with the National Manufactured Housing Construction and SafetyStandards Act of 1974 (42 U.S.C. 5401 et seq.).

2. For the construction of commercial coaches that arereasonably consistent with nationally recognized standards.

3. For the:

(a) Reconstruction; and

(b) Alteration, including that done to a plumbing,heating or electrical system,

of mobilehomes and commercial coaches that are reasonably consistent with nationally recognizedstandards.

4. For the issuance of certificates and labels ofcompliance. The regulations must provide for, without limitation:

(a) Inspection at the place of manufacture;

(b) Submission and approval of plans and specificationsor for the actual inspection and approval of the mobile home, travel trailer orcommercial coach or acceptance of a label of compliance issued by another stateor a private organization which the Administrator finds has a competentinspection program reasonably consistent with this chapter; and

(c) Revocation for cause, upon notice and hearing, ofthe right of a manufacturer to sell mobile homes, travel trailers or commercialcoaches in this state for use in this state.

5. Consistent with nationally recognized standardsgoverning the minimum requirements for the design of travel trailers.

(Added to NRS by 1979, 1208; A 1981, 1191; 1983, 781;1993, 2052)

NRS 489.251 Regulationspertaining to safety standards and inspection; certificate of installation andlabel of installation prerequisite to connecting utilities.

1. The Administrator shall adopt regulationspertaining to:

(a) Safety standards for the installation, support andtie down of manufactured homes, mobile homes or commercial coaches which aredesigned to protect the health and safety of occupants of manufactured homes,mobile homes or commercial coaches against uplift, sliding, rotation andoverturning, subject to the following provisions:

(1) Safety standards must be reasonablyconsistent with nationally recognized standards for placement, support and tiedown of manufactured homes, mobile homes or commercial coaches.

(2) The Administrator may designate windpressure zones in which the regulations for tie down of manufactured homes,mobile homes or commercial coaches apply.

(b) The inspection of plumbing, heating, cooling, fuelburning and electrical systems connections to a manufactured home, mobile homeor commercial coach at the time of installation of the manufactured home,mobile home or commercial coach, which regulations are designed to protect thehealth and safety of occupants of manufactured homes, mobile homes andcommercial coaches.

2. Unless the Division determines otherwise, theplumbing, heating, cooling, fuel burning and electrical systems of amanufactured home, mobile home or commercial coach may not be connected oractivated until a certificate of installation has been issued and a label ofinstallation affixed to the manufactured home, mobile home or commercial coach.

(Added to NRS by 1979, 1208; A 1983, 781)

NRS 489.261 Regulationspertaining to accessory structures.

1. The Administrator may adopt regulations pertainingto the construction, installation and use of accessory structures and deviceswhich burn solid fuel and air-conditioning for manufactured homes and mobilehomes consistent with nationally recognized construction standards, exceptwhere those standards conflict with the standards adopted under the NationalManufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) and would prevent enforcement of that act in this state.

2. As used in this section, accessory structureincludes awnings, cabanas, carports, porches, skirting or steps established forthe use of the occupant of the manufactured home or mobile home and whichdepends upon the manufactured home or mobile home for some or all of itsstructural support.

(Added to NRS by 1979, 1208; A 1981, 1191; 1983, 782;1993, 1186)

NRS 489.263 Regulationsestablishing system for issuance and renewal of permits for installation,design, approval or modification.

1. The Administrator may adopt regulationsestablishing a system for the issuance and renewal of permits for theinstallation, design, approval or modification of manufactured homes, mobilehomes or commercial coaches.

2. The regulations may include, without limitation:

(a) The requirements and procedures for applying forand renewing a permit;

(b) The criteria for determining whether to issue orrenew a permit;

(d) The procedures for the enforcement of a system forissuing and renewing permits.

(Added to NRS by 2005, 808)

NRS 489.265 Trustaccount for deposit of advance fees for payment of services of Division;regulations.

1. The Division may establish a trust account in theState Treasury in which persons who require the services of the Division maydeposit advance fees for payment of those services. Unless the appropriate feeaccompanies the request for service, upon providing the service the Divisionshall cause the account to be debited.

2. The Division shall prescribe, by regulation, theservices for which advance fees may be deposited and paid for upon providingthe service.

3. The trust account established pursuant to thissection must be administered by the Administrator.

(Added to NRS by 1995, 956)

NRS 489.272 Regulationsconcerning certain sales or transfers of title or ownership. The Administrator shall adopt regulations:

1. Requiring a person who is buying or selling amanufactured home, mobile home or commercial coach pursuant to:

(a) A sale to satisfy a lien; or

(b) A contract for sale or other agreement by which thecertificate of title or certificate of ownership does not pass immediately fromthe seller to the buyer upon the sale,

to submit tothe Administrator such information regarding the sale as he deems necessary.

2. Establishing requirements for the issuance ortransfer of a certificate of title or certificate of ownership of a mobilehome, manufactured home or a commercial coach in cases involving:

(a) More than one transferor or transferee;

(b) A transferor or transferee who holds a certificateof title or certificate of ownership in trust for another person; or

(Added to NRS by 1993, 233)

NRS 489.281 Regulationsconcerning issuance and renewal of limited dealers license.

1. The Division shall adopt regulations for theissuance and renewal of a limited dealers license authorizing a person otherthan a bank, savings and loan association, credit union, thrift company orother financial institution to act as a repossessor or liquidator concerningmanufactured homes, mobile homes or commercial coaches.

2. Regulations adopted by the Division concerning theissuance and renewal of a limited dealers license must not require more than 2hours of continuing education per year and the required continuing educationmust be limited to topics relating to the processes and procedures for the saleof a manufactured home.

(Added to NRS by 1987, 2087; A 2005, 1607)

NRS 489.285 Regulationsconcerning requirements of continuing education for general servicemen,specialty servicemen, responsible managing employees and salesmen.

1. The Division shall adopt regulations concerningcontinuing education requirements for general servicemen and specialtyservicemen of manufactured homes, mobile homes or commercial coaches, andresponsible managing employees and salesmen. The regulations must include the:

(a) Criteria for determining what qualifies ascontinuing education;

(b) Criteria for approving educational and trainingprograms;

(d) Grounds and procedures for granting an extension oftime within which to comply with continuing education requirements.

2. In adopting regulations pursuant to subsection 1,the Division shall:

(a) Allow for alternative subjects, instructors,schools and sources of programs, with consideration for specialized areas ofpractice, availability and proximity of resources to the licensees andapplicants, and the time and expense required to participate in the programs.

(b) Approve courses offered by generally accreditededucational institutions and private vocational schools if those coursesotherwise qualify as continuing education.

(1) Individual sponsors;

(2) Manufactured housing firms and businessessuch as dealers, general servicemen, specialty servicemen, manufacturers ofmanufactured homes, mobile homes or commercial coaches, and suppliers of thevarious components for constructing such homes or coaches, including heatingand air-conditioning systems, material for roofing and siding, skirting,awnings and other components;

(3) Professional and industry-relatedorganizations; and

(4) Other organized educational programsconcerning technical or specialized subjects, including in-house trainingprograms offered by an employer for his employees and participation in meetingsand conferences of industry-related organizations.

(d) Solicit advice and assistance from persons andorganizations that are knowledgeable in the construction, sale, installation,rebuilding and servicing of manufactured homes, mobile homes or commercialcoaches and the method of educating licensees.

3. The Division is not responsible for the costs ofany continuing education program, but may participate in the funding of thoseprograms subject to legislative appropriations.

4. As used in this section, industry-relatedorganizations includes, without limitation, the:

(a) Manufactured Housing Institute;

(b) Manufactured Home Community Owners Association;

(d) Nevada Association of Realtors; and

(e) Any other organization approved by the Division.

(Added to NRS by 1997, 2986; A 2001, 486; 2005, 1629)

NRS 489.287 Enforcementof regulations; inspections.

1. Except as otherwise provided in subsection 2, acity or county building department may, with the written approval of theDivision, enforce all regulations adopted pursuant to this chapter and make allinspections within its jurisdiction required by those regulations regarding theinstallation and tie down of manufactured homes, mobile homes or commercialcoaches. Those inspections must be conducted in compliance with the provisionsof this chapter and the regulations adopted pursuant to this chapter.

2. If a city or county building department fails toenforce the regulations adopted pursuant to this chapter or make theinspections required by subsection 1, the Division shall enforce thoseregulations and make the inspections in that jurisdiction, and may, at no costto the local governing body, engage an independent contractor to perform anyinspection.

(Added to NRS by 1993, 1185; A 2005, 808)

NRS 489.288 Adoptionof ordinances and regulations by local governing body; preemption of morestringent ordinances and regulations; exception. Exceptas otherwise provided in NRS 278.02095:

1. A local governing body may adopt ordinances andregulations which, except for ordinances and regulations regarding anyprerequisites to the classification of a manufactured home or mobile home asreal property pursuant to NRS 361.244,are no more stringent than the provisions of this chapter, the regulationsadopted pursuant to this chapter and applicable federal statutes andregulations. Compliance with an ordinance or regulation of a local governingbody does not excuse any person from compliance with this chapter and theregulations adopted pursuant to this chapter.

2. The provisions of this chapter and the regulationsadopted pursuant to this chapter supersede and preempt any ordinance orregulation of a local governing body that is more stringent than thoseprovisions, except for an ordinance or regulation regarding any prerequisitesto the classification of a manufactured home or mobile home as real propertypursuant to NRS 361.244.

(Added to NRS by 1993, 1185; A 1999, 3466)

NRS 489.289 Variancesfor local governing bodies. A local governingbody may apply to the Administrator for a variance, within the geographicaljurisdiction of the local governing body, from any of the regulations adoptedpursuant to this chapter. The Administrator may, for good cause shown, grantsuch a variance.

(Added to NRS by 1993, 1185)

NRS 489.291 Enforcementof statutes and regulations: Notice of violation; penalty; liability for costsof enforcement.

1. If the Administrator finds a violation of thischapter or of the prohibition in NRS118B.140 against charging or receiving an entrance or exit fee, or of anyregulation adopted pursuant to this chapter, he may issue a notice of violationto the person who he alleges has violated the provision. The notice ofviolation must set forth the violation which the Administrator alleges withparticularity and specify the corrective action which is to be taken and thetime within which the action must be taken. If the person is alleged to haveviolated the prohibition in NRS 118B.140against charging or receiving an entrance or exit fee, the notice of violationmust specify that the fee be repaid in full, and may specify any othercorrective action which the Administrator deems necessary.

2. Any person who fails to take the corrective actionrequired in a notice of violation is guilty of a misdemeanor and theAdministrator may:

(a) Apply to the district court for the judicialdistrict in which the violation is alleged to have occurred for an injunctionand any other relief which the court may grant to compel compliance;

(b) Request that the district attorney of the county inwhich the violation is alleged to have occurred prosecute the person for theviolation;

(c) If the person is alleged to have violated theprohibition in NRS 118B.140 againstcharging or receiving an entrance or exit fee, assess a penalty against theperson equal to three times the amount of the fee which was charged orreceived; or

(d) If the person is alleged to have violated NRS 489.311 and while acting without alicense is alleged to have caused damage to a mobile home, manufactured home orcommercial coach, require that the person reimburse the owner of the mobilehome, manufactured home or commercial coach for the cost of repairing suchdamage and assess a penalty against that person equal to the estimated cost ofsuch repairs.

3. The assessment of a penalty pursuant to paragraph(c) or (d) of subsection 2 is a contested case.

4. Any person who is found to have violated aprovision of this chapter, the prohibition in NRS 118B.140 against charging orreceiving an entrance or exit fee, or a regulation adopted pursuant to thischapter, is liable for the cost incurred by the Division in enforcing theprovision or regulation.

(Added to NRS by 1981, 1852; A 1985, 344; 1997, 211)

NRS 489.293 Enforcementof subpoenas issued by Administrator.

1. If any person to whom the Administrator hasdirected a subpoena refuses to attend, testify or produce evidence which thesubpoena requires, the Administrator may present a petition to the districtcourt for the judicial district in which the investigation or hearing is beingcarried on, setting forth that:

(a) Notice has been given of the time and place atwhich the person was required to attend, testify or produce evidence;

(b) A subpoena has been served on the witness orcustodian of the evidence in sufficient time to enable him to comply with itsprovisions; and

and askingthat the court issue an order compelling the person to attend and to testify orproduce the evidence specified in the subpoena.

2. When the district court receives a petition fromthe Administrator, it shall order the person to whom the subpoena was directedto appear at a time and place fixed by the court in its order, which must benot more than 10 days after the date of the order, and show cause why he shouldnot be held in contempt. A certified copy of the order must be served on theperson to whom the subpoena was directed.

3. If it appears to the court that the subpoena wasproperly issued by the Administrator and that there is not sufficient reasonthat the person failed or refused to appear, the court shall order the personto appear at the time and place fixed by the court and to testify or producethe required evidence. If the person fails to comply with the order of thecourt, he must be punished as for a contempt of court.

(Added to NRS by 1981, 1851)

NRS 489.295 Orderto vacate used manufactured home, mobile home or commercial coach.

1. If an inspection reveals that a used manufacturedhome, mobile home or commercial coach is constructed or maintained in violationof this chapter, the Division may order its use discontinued and the usedmanufactured home, mobile home or commercial coach, or any portion thereof,vacated.

2. The order to vacate must be served upon the personusing the used manufactured home, mobile home or commercial coach and copies ofthe order must also be posted at or upon each exit of the used manufacturedhome, mobile home or commercial coach.

3. The order to vacate must include a reasonable timewithin which the violation may be corrected.

4. A person shall not occupy or use the usedmanufactured home, mobile home or commercial coach in violation of the order tovacate.

(Added to NRS by 1981, 1190; A 1983, 783; 1985, 344)

NRS 489.297 Orderto stop work.

1. Whenever any construction, rebuilding or other workis performed in violation of this chapter or any regulation adopted pursuant tothis chapter, the Division may order the work stopped.

2. The order to stop work must be served upon theperson doing the work or upon the person causing the work to be done. Theperson served with the order shall immediately cease the work until authorizedby the Division to continue it.

3. A copy of the order to stop work must be posted ator upon a recognized entrance of the used manufactured home, mobile home orcommercial coach.

(Added to NRS by 1981, 1190; A 1983, 783)

CONSTRUCTION, SALE AND INSTALLATION

NRS 489.301 Licensefor manufacturing plant: Requirements; regulations.

1. In order to engage in business in this state or beentitled to any other license or permit required by this chapter, eachmanufacturing plant must be issued a license for the manufacturing plant by theDivision.

2. The Division shall adopt regulations providing forthe issuance of the license for the manufacturing plant.

(Added to NRS by 1979, 1205; A 1983, 784)

NRS 489.305 Licensefor branch office of dealer, general serviceman or specialty serviceman. To open a branch office, a dealer, general serviceman orspecialty serviceman, as the case may be, must:

1. Obtain a license from the Division to operate thebranch office; and

2. Provide for direct supervision of the branchoffice, either by himself or by employing a responsible managing employee.

(Added to NRS by 1981, 1191; A 1987, 1862; 2005, 1629)

NRS 489.311 Licenseto engage in business of dealer, manufacturer, general serviceman or specialtyserviceman: Requirements.

1. Except as otherwise provided by NRS 489.331, no person may engage or offerto engage in the business of a dealer, manufacturer, general serviceman or specialtyserviceman in this State, or be entitled to any other license or permitrequired by this chapter, until he has applied for and has been issued alicense by the Division.

2. For the purposes of this section, a person engagesin the business of a dealer, manufacturer, general serviceman or specialtyserviceman in this State if he, without limitation, submits a bid to performany activity requiring a license pursuant to this section.

(Added to NRS by 1979, 1203; A 1981, 1853; 1983, 784;2005, 809, 1630)

1. An application for a manufacturers, dealers,general servicemans or specialty servicemans license must be filed upon formssupplied by the Division and include the social security number of theapplicant. The applicant must furnish:

(a) Any proof the Division may deem necessary that theapplicant is a manufacturer, dealer, general serviceman or specialtyserviceman.

(b) Any proof the Division may require that theapplicant has an established place of business.

(c) Any proof the Division may require of the applicantsgood character and reputation and of his fitness to engage in the activitiesfor which the license is sought.

(d) A complete set of his fingerprints and writtenpermission authorizing the Administrator to forward those fingerprints to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation for its report. The Administrator may exchangewith the Central Repository and the Federal Bureau of Investigation anyinformation relating to the fingerprints of an applicant under this section.

(e) In the case of a dealer in new manufactured homes,an instrument in the form prescribed by the Division executed by or on behalfof the manufacturer certifying that the applicant is an authorized franchisedealer for the make or makes concerned.

(f) A reasonable fee fixed by regulation.

(g) In the case of a dealer, general serviceman orspecialty serviceman, proof of passing the examination required under NRS 489.351.

(h) Any additional requirements the Division may fromtime to time prescribe by regulation.

2. Within 60 days after the receipt of a completeapplication, the Division shall issue or deny the license.

3. The Administrator may issue a provisional licensepending receipt of the report from the Federal Bureau of Investigation. Uponreceipt of the report and a determination by the Administrator that theapplicant is qualified, the Division shall issue to the applicant a dealers,manufacturers, general servicemans or specialty servicemans licensecontaining the applicants name and the address of his fixed place of business.

4. Each license is valid for a period of 2 years afterthe date of issuance and may be renewed for like consecutive periods uponapplication to and approval by the Division.

(Added to NRS by 1979, 1203; A 1981, 1853; 1983, 144,784; 1987, 1862; 1997, 2083; 2003, 2856; 2005, 1630)

NRS 489.321 License to engage in business ofdealer, manufacturer, general serviceman or specialty serviceman: Application;bond; issuance, expiration and renewal. [Effective on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. Applications for a manufacturers, dealers,general servicemans or specialty servicemans license must be filed upon formssupplied by the Division, and the applicant shall furnish:

(a) Any proof the Division may deem necessary that theapplicant is a manufacturer, dealer, general serviceman or specialtyserviceman.

(b) Any proof the Division may require that theapplicant has an established place of business.

(c) Any proof the Division may require of theapplicants good character and reputation and of his fitness to engage in theactivities for which the license is sought.

(d) A complete set of his fingerprints and writtenpermission authorizing the Administrator to forward those fingerprints to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation for its report. The Administrator may exchangewith the Central Repository and the Federal Bureau of Investigation anyinformation respecting the fingerprints of an applicant under this section.

(f) A reasonable fee fixed by regulation.

(g) In the case of a dealer, general serviceman orspecialty serviceman, proof of passing the examination required under NRS 489.351.

(h) Any additional requirements the Division may fromtime to time prescribe by regulation.

2. Within 60 days after receipt of a completeapplication, the Division shall issue or deny the license.

3. The Administrator may issue a provisional licensepending receipt of the report from the Federal Bureau of Investigation. Uponreceipt of the report and a determination by the Administrator that theapplicant is qualified, the Division shall issue to the applicant a dealers,manufacturers, general servicemans or specialty servicemans licensecertificate containing the applicants name and the address of his fixed placeof business.

4. Each license is valid for a period of 2 years afterthe date of issuance and may be renewed for like consecutive periods uponapplication to and approval by the Division.

(Added to NRS by 1979, 1203; A 1981, 1853; 1983, 144,784; 1987, 1862; 1997, 2083; 2003, 2856; 2005, 1630, 1631, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 489.323 Proofof completion of continuing education required for renewal of license ofgeneral serviceman, specialty serviceman, responsible managing employee orsalesman. If a licensee is a generalserviceman or specialty serviceman of manufactured homes, mobile homes orcommercial coaches, or a responsible managing employee or salesman, theDivision shall not renew a license issued to that licensee until the licenseehas submitted proof satisfactory to the Division that he has, during the 2-yearperiod immediately preceding the renewal of the license, completed at least 8hours of continuing education approved by the Division pursuant to NRS 489.285.

(Added to NRS by 1997, 2987; A 2001, 487; 2005, 1631)

NRS 489.325 Regulationsproviding for licensing of specialty servicemen.

1. The Administrator may adopt regulations whichprovide for the licensing of specialty servicemen. A person licensed as aspecialty serviceman pursuant to this section must be limited in the scope ofthe work he may perform to installation or repair in one of the followingcategories:

(a) Awnings, roofing or skirting;

(b) Plumbing;

(d) Electrical systems; or

(e) Any other category that may be similarly licensedby the State Contractors Board.

2. The Administrator shall provide in thoseregulations for:

(a) The imposition of reasonable fees for application,examination and licensure.

(b) The creation and administration of a written ororal examination for each category of limited licensure.

3. A person who is licensed as a specialty servicemanshall comply with each statute and regulation which applies to generalservicemen, including, without limitation, the payment of a fee requiredpursuant to subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971.

(Added to NRS by 1993, 827; A 1999, 861; 2003, 587; 2005, 1631)

NRS 489.331 Authorityto sell used manufactured and mobile homes in connection with sale of realproperty without license issued pursuant to this chapter. A licensedreal estate broker and his licensed salesmen may, without applying for orobtaining any license issued pursuant to the provisions of this chapter, sellused manufactured homes and used mobile homes when the sale is in connectionwith the sale of a fee simple interest in real property and the usedmanufactured home or used mobile home is situated on the real property sold.

(Added to NRS by 1979, 1204; A 1983, 785; 1991, 1326;2005, 664)

NRS 489.336 Licensefor sale of used mobile homes by landlord or manager of mobile home park.

1. The Division shall adopt regulations for theissuance of limited resale licenses authorizing a landlord or manager to sell aused mobile home. Regulations adopted pursuant to this section must specify therequirements for licensure, including, without limitation, any educationalrequirements.

2. A person who is licensed pursuant to theregulations described in subsection 1 may sell a used mobile home if:

(a) The mobile home is located in a mobile home parkthat the landlord or manager owns, leases or manages; and

(b) The landlord or manager purchased the mobile homeat a sale to enforce a lien pursuant to NRS108.270 to 108.360, inclusive.

3. As used in this section:

(a) Landlord has the meaning ascribed to it in NRS 118B.014.

(b) Manager has the meaning ascribed to it in NRS 118B.0145.

(Added to NRS by 2001, 1947)

1. A person shall not act as a salesman in this Stateor as a responsible managing employee for a person who sells, leases,reconstructs, improves, repairs or installs any manufactured home, mobile homeor commercial coach subject to the provisions of this chapter without firsthaving received a license from the Division. Before issuing such a license, theDivision shall require:

(a) An application, signed and verified by theapplicant, stating that he desires to act as a salesman or responsible managingemployee and providing his residential address, his social security number andthe name and address of his employer.

(b) Proof of the employment of the applicant at thetime the application is filed. An applicant for a license as a responsiblemanaging employee shall submit proof of 2 years experience within the previous4 years in the business in which the applicant is seeking to be licensed as aresponsible managing employee.

(c) Proof of the applicants good character andreputation and of his fitness to act as a salesman or responsible managingemployee.

(e) A statement as to whether any previous applicationof the applicant has been denied or license revoked.

(f) Payment of a reasonable license fee established byregulation.

(g) The applicant to have passed the examinationrequired by NRS 489.351.

(h) Any other information the Division deems necessary.

2. Within 60 days after the receipt of a completeapplication, the Division shall issue or deny the license.

3. The Administrator may issue a provisional licensepending receipt of the report from the Federal Bureau of Investigation. Uponreceipt of the report and a determination by the Administrator that theapplicant is qualified, the Administrator shall issue to the applicant alicense as a salesman or a responsible managing employee. The license mustcontain the licensees name and the address of his employers place ofbusiness.

4. Each license is valid for 2 years after the date ofissuance and may be renewed for like consecutive periods upon application toand approval by the Division.

5. A person licensed pursuant to this section shallnot engage in sales activity other than for the account of, or for and inbehalf of, a single employer who is a licensed dealer.

6. A license issued pursuant to this section may betransferred to another licensed employer upon application and the payment of atransfer fee of $10. When a salesman or responsible managing employee holding acurrent license leaves the employment of one dealer, general serviceman orspecialty serviceman for that of another, the new employer may employ thesalesman or responsible managing employee pending the transfer of the licenseif the transfer is completed within 10 days.

7. A license issued pursuant to this section must beposted in a conspicuous place on the premises of the employer for whom theholder of the license is licensed.

8. If a salesman or responsible managing employeeceases to be employed by a licensed dealer, general serviceman or specialtyserviceman, his license to act as a salesman or responsible managing employeeis automatically suspended and his right to act in that capacity immediatelyceases, and he shall not engage in such an activity until reemployed by alicensed dealer, general serviceman or specialty serviceman. Every licensedsalesman and responsible managing employee shall report in writing to theDivision every change in his place of employment or termination of employmentwithin 5 days after the date of making the change.

(Added to NRS by 1979, 1204; A 1981, 1854; 1983, 786;1991, 1326; 1997, 2084; 2003, 2857; 2005, 1632)

NRS 489.341 License for salesman or responsiblemanaging employee. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

(a) An application, signed and verified by theapplicant, stating that he desires to act as a salesman or responsible managingemployee and providing his residential address and the name and address of hisemployer.

(c) Proof of the applicants good character andreputation and of his fitness to act as a salesman or responsible managingemployee.

(e) A statement as to whether any previous applicationof the applicant has been denied or license revoked.

(f) Payment of a reasonable license fee established byregulation.

(g) The applicant to have passed the examinationrequired by NRS 489.351.

(h) Any other information the Division deems necessary.

2. Within 60 days after receipt of a completeapplication, the Division shall issue or deny the license.

3. The Administrator may issue a provisional licensepending receipt of the report from the Federal Bureau of Investigation. Uponreceipt of the report and a determination by the Administrator that theapplicant is qualified, the Administrator shall issue to the applicant alicense as a salesman or a responsible managing employee. The license mustcontain the licensees name and the address of his employers place ofbusiness.

4. Each license is valid for 2 years after the date ofissuance and may be renewed for like consecutive periods upon application toand approval by the Division.

5. A person licensed pursuant to this section shallnot engage in sales activity other than for the account of or for and in behalfof a single employer who is a licensed dealer.

7. A license issued pursuant to this section must beposted in a conspicuous place on the premises of the employer for whom theholder of the license is licensed.

(Added to NRS by 1979, 1204; A 1981, 1854; 1983, 786;1991, 1326; 1997, 2084; 2003, 2857; 2005, 1632, 1633, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

1. A naturalperson who applies for the issuance or renewal of a manufacturers, dealers,general servicemans, specialty servicemans, salesmans or managing employeeslicense shall submit to the Division the statement prescribed by the Divisionof Welfare and Supportive Services of the Department of Health and HumanServices pursuant to NRS 425.520. Thestatement must be completed and signed by the applicant.

2. The Division shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Division.

3. A manufacturers, dealers, general servicemans,specialty servicemans, salesmans or managing employees license may not beissued or renewed by the Division if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Division shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2082; A 2005, 1634)

NRS 489.343 Partnershipor corporation doing business as manufacturer, dealer, general serviceman orspecialty serviceman.

1. Every partnership doing business as a manufacturer,dealer, general serviceman or specialty serviceman in this State shall designateone of its members, and every corporation doing business as a manufacturer,dealer, general serviceman or specialty serviceman in this State shalldesignate one of its officers, to submit an application for a manufacturers,dealers, general servicemans or specialty servicemans license.

2. The Division shall issue a manufacturers,dealers, general servicemans or specialty servicemans license to the memberor officer on behalf of the corporation or partnership, upon:

(a) The designated member or officer, in the case of adealer, general serviceman or specialty serviceman, successfully passing theexamination requirement pursuant to NRS489.351; and

(b) Compliance with all other requirements of law orany other additional requirements the Division may from time to time prescribeby regulation by the partnership or corporation, as well as by the designatedmember or officer.

3. Upon receipt of the license, the designated memberor officer is entitled to perform all the acts authorized by a license issuedby the Division, except:

(a) That the license issued entitles the designatedmember or officer to act pursuant to the terms and conditions of the licenseissued by the Division only as officer or agent of the partnership orcorporation, and not on his own behalf; and

(b) That if the person designated by the partnership orcorporation:

(1) Is refused a license by the Division; or

(2) Ceases to be connected with the partnershipor corporation,

thepartnership or corporation may designate another person who shall make applicationand qualify as in the first instance.

(Added to NRS by 1995, 955; A 2005, 1635)

NRS 489.344 Memberor officer of partnership or corporation who performs specified acts requiredto obtain separate applicable license. Each memberor officer of a partnership or corporation who will perform or engage in any ofthe acts specified in NRS 489.076, 489.102, 489.115or 489.147, other than the member orofficer designated for that purpose by the partnership or corporation in themanner provided in NRS 489.343, mustapply for and take out a separate manufacturers, dealers, generalservicemans or specialty servicemans license in his own name. The licenseissued to any such member or officer of a partnership or corporation entitlesthe member or officer to act as a manufacturer, dealer, general serviceman orspecialty serviceman only as an officer or agent of the partnership orcorporation and not on his own behalf.

(Added to NRS by 1995, 955; A 2005, 1636)

NRS 489.351 Examinationof applicant for license. The Administratorshall require an oral or written examination of each applicant for a license asa dealer, responsible managing employee, salesman, general serviceman orspecialty serviceman.

(Added to NRS by 1979, 1205; A 1981, 1856; 1989,1267; 2005, 1636)

NRS 489.357 Licensenot to be used by person other than to whom issued; disciplinary action.

1. A license issued pursuant to this chapter must notbe used for any purpose by any person other than the person to whom the licenseis issued.

2. The holder of such a license shall not assign,transfer or otherwise authorize the use of the license by any other person.

3. In addition to any other remedy or penaltyauthorized pursuant to this chapter, if the holder of a license violates anyprovision of this section, the violation is cause for the automaticcancellation and revocation of the license.

(Added to NRS by 2005, 1626)

NRS 489.381 Disciplinaryaction against licensees. The Division may imposean administrative fine of not more than $1,000 per violation, and may deny,suspend or revoke any license issued under this chapter or reissue the licensesubject to reasonable conditions upon any of the grounds set forth in NRS 489.391 to 489.421, inclusive, which constitutegrounds for disciplinary action. If discipline is imposed pursuant to thissection, the costs of the proceeding, including investigative costs andattorneys fees, may be recovered by the Division.

(Added to NRS by 1979, 1205; A 1993, 899; 1997, 96)

1. Except for a salesman, failure of the applicant tohave an established place of business or conducting business from a locationthat is not authorized by the Division.

2. Financial insolvency of the applicant or licensee.

3. Material misstatement in the application orotherwise furnishing false information to the Division.

4. Failure of a salesman or applicant for licensing asa salesman to establish by proof satisfactory to the Division that he isemployed by a licensed dealer.

5. Failure of an applicant for a license to provideproof satisfactory to the Division of his good character and reputation and ofhis fitness to engage in the activities for which the license is sought.

6. Any conduct before licensing which was in factunknown to the Division and would have been grounds for denial of a license hadthe Division been aware of the conduct.

7. Obtaining or disclosing the contents of anexamination given by the Division.

(Added to NRS by 1979, 1205; A 1983, 787; 1997, 96; 2005, 1636)

1. The intentional publication, circulation or displayof any advertising which constitutes a deceptive trade practice as that term isdefined in NRS 598.0915 to 598.0925, inclusive.

2. Failure to include in any advertising the name ofthe licensed dealer, general serviceman or specialty serviceman, or the nameunder which he is doing business.

3. Making any substantial misrepresentation or falsepromise which is likely to influence, persuade or induce, or continuallyfailing to fulfill promises to sell, breaching agreements or contracts ormaking false promises by any means.

4. Failure to disclose all terms and conditions of asale, purchase or lease or offer to sell, purchase or lease a manufacturedhome, mobile home or commercial coach.

5. Failure to disclose to a person with whom thelicensed dealer is dealing with regard to the sale, purchase or lease of amanufactured home any material facts, structural defects or other materialinformation which the licensed dealer knew, or which by the exercise ofreasonable care and diligence should have known, concerning the manufacturedhome or concerning the sale, purchase or lease of the manufactured home.

6. Failure to comply with the provisions of NRS 489.595.

7. Representing to any lender, guaranteeing agency orother interested party, orally or through the preparation of false documents:

(a) An amount in excess of the actual sales price;

(b) A false amount as the down payment, earnest moneydeposit or other valuable consideration;

(d) False information on a credit application.

8. Inducing an applicant to falsify his creditapplication.

9. Failure to obtain from the holder of any lien orsecurity interest in a manufactured home, mobile home or commercial coach,within 10 days before the closure of a sale of the manufactured home, mobilehome or commercial coach, a written acknowledgment that the holder of the lienor security interest has received written notification of the sale.

(Added to NRS by 1979, 1206; A 1983, 787; 1985, 2261;1989, 651; 1991, 2047; 1993, 1186; 1997, 96; 2005, 1636)

1. Claiming, demanding or receiving a fee,compensation or commission under any exclusive agreement, authorizing oremploying a licensee to sell, buy or exchange a manufactured home, mobile homeor commercial coach for compensation or commission, where the agreement doesnot contain a definite specified date of final and complete termination, doesnot set forth the terms and conditions of the exclusive agreement or is notsigned by both the licensee and the owner.

2. While the employee, agent or fiduciary of alicensee, soliciting, accepting or agreeing to accept any benefit, fee,commission or compensation for the performance of any of the acts specified inthis chapter from any person except the licensee with whom he is associated oremployed.

3. Paying a commission or other compensation to anyperson or employing any person for performing the services of a person requiredto be licensed under this chapter who has not first secured his licensepursuant to this chapter.

4. Commingling the money or other property of hisprincipals with his own or converting the money of others to his own use.

5. Knowingly permitting a person whose license hasbeen revoked or suspended or who does not hold a valid license to engage onbehalf of the licensed dealer in acts that require a license.

6. In the case of a salesman, failing to give to thelicensed dealer by whom the salesman is employed, as soon as practicable afterreceipt, a deposit or other money or consideration entrusted to him by a persondealing with the salesman as a representative of the licensed dealer.

7. Failing within a reasonable time to account for orto remit any money coming into his possession which belongs to others.

8. Failure or refusal by a licensee to pay orotherwise discharge any final judgment rendered and entered against him whicharises out of the conduct of his business licensed under this chapter.

9. Acting in the dual capacity of agent andundisclosed principal in a transaction.

(Added to NRS by 1979, 1206; A 1983, 788; 1997, 97)

NRS 489.416 Groundsfor disciplinary action: Substandard or unsafe workmanship; failure to honorwarranty or other guarantee; performing act requiring licensure in grosslynegligent or incompetent manner. The followinggrounds, among others, constitute grounds for disciplinary action under NRS 489.381:

1. Workmanship which:

(a) Is not commensurate with standards of the trade ingeneral;

(b) Is below standards adopted by the Division or thestandards determined by the edition of the Uniform Building Code, UniformPlumbing Code or the National Electrical Code, respectively, in effect on July1, 1983; or

2. Failure to honor any warranty or other guaranteegiven by a licensee for workmanship or material as a condition of securing acontract, or of selling, leasing, reconstructing, improving, repairing orinstalling any manufactured home, mobile home, commercial coach or accessorystructure.

3. Gross negligence or incompetence in performing anact for which a license is required pursuant to this chapter.

(Added to NRS by 1983, 776; A 1997, 98)

1. Revocation or denial of a license issued pursuantto this chapter or an equivalent license in any other state, territory orcountry.

2. Failure of the licensee to maintain any otherlicense required by any political subdivision of this state.

3. Failure to respond to a notice served by theDivision as provided by law within the time specified in the notice.

4. Failure to take the corrective action required in anotice of violation issued pursuant to NRS489.291.

5. Failure or refusing to permit access by the Administratorto documentary materials set forth in NRS489.231.

6. Disregarding or violating any order of theAdministrator, any agreement with the Division, or any provision of thischapter or any regulation adopted under it.

7. Conviction of a misdemeanor for violation of any ofthe provisions of this chapter.

8. Conviction of or entering a plea of guilty or nolocontendere to:

(a) A felony relating to the position for which theapplicant has applied or the licensee has been licensed pursuant to thischapter; or

(b) A crime of moral turpitude in this state or anyother state, territory or country.

9. Any other conduct that constitutes deceitful,fraudulent or dishonest dealing.

(Added to NRS by 1979, 1206; A 1981, 1299; 1983, 380,788; 1987, 1863; 1995, 2475; 1997, 98; 2003, 1497, 2702)

NRS 489.423 Disciplinaryaction against licensed dealer for knowledge of unlawful act of employee orassociate or failure to maintain adequate supervision.

1. Upon a finding that a licensed dealer knew, or bythe exercise of reasonable care and diligence should have known, of anyunlawful act or violation of a provision of this chapter by a salesman, generalserviceman or specialty serviceman who is employed by or associated with thelicensed dealer, the Administrator may suspend or revoke the license of thelicensed dealer and impose an administrative fine upon him of not more than$1,000.

2. Upon a finding that a licensed dealer failed tomaintain adequate supervision of a salesman, general serviceman or specialtyserviceman who, while employed by or associated with the licensed dealer,committed any unlawful act or violated a provision of this chapter, theAdministrator may suspend or revoke the license of a licensed dealer and imposean administrative fine upon him of not more than $1,000.

(Added to NRS by 1997, 95; A 2005, 1637)

1. If theDivision receives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is the holder of amanufacturers, dealers, general servicemans, specialty servicemans,salesmans or managing employees license, the Division shall deem the licenseissued to that person to be suspended at the end of the 30th day after the dateon which the court order was issued unless the Division receives a letterissued to the holder of the license by the district attorney or other publicagency pursuant to NRS 425.550 statingthat the holder of the license has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Division shall reinstate a manufacturers,dealers, general servicemans, specialty servicemans, salesmans or managingemployees license that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letterissued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2082; A 2005, 1637)

NRS 489.426 Advancefees: Persons authorized to accept; accounting of use; regulations;disciplinary action.

1. A person who charges or collects an advance feeshall, within 3 months after charging or collecting such a fee, furnish to hisprincipal an accounting of the use of the money. The Administrator also mayrequire an accounting by the person of the use of the money.

2. A person shall not accept an advance fee listing unlesshe is a dealer, responsible managing employee or salesman who is licensedpursuant to this chapter.

3. The Administrator may adopt regulations concerningadvance fee listings and the charging and collecting of an advance fee,including, but not limited to:

(a) Forms to be used for advance fee agreements; and

(b) Reports and forms of accounting required to bekept, made or submitted to the Division.

4. A violation of this section or the regulationsadopted pursuant to this section constitutes grounds for disciplinary actionagainst a licensee.

5. As used in this section:

(a) Advance fee means the money contracted for,charged, claimed, collected, demanded or received for an advance fee listingof, an advertisement for or an offer to sell a manufactured home, mobile homeor commercial coach, if the advance fee listing, advertisement or offer isissued to promote the sale of a manufactured home, mobile home or commercialcoach or for referral to a business, to dealers or to salesmen, before the lastprinting or other last issuance thereof, other than by a newspaper of generalcirculation.

(b) Advance fee listing includes, but is not limitedto:

(1) The name or a list of the names of owners,prospective buyers or exchangers, or the location of a manufactured home,mobile home or commercial coach that is offered for sale or exchange.

(2) The location at which prospective orpotential buyers or exchangers of manufactured homes, mobile homes orcommercial coaches may be communicated with or found.

(3) An agreement by which a person who isengaged in the business of promoting the sale of manufactured homes, mobilehomes or commercial coaches agrees to render to an owner or buyer any serviceto promote the sale of the manufactured home, mobile home or commercial coachfor an advance fee.

(4) An agreement by which a person agrees tolocate or to promote the sale of a manufactured home, mobile home or commercialcoach for an advance fee.

The termdoes not include any publication issued for general circulation.

(Added to NRS by 1991, 1325)

NRS 489.431 Investigationby Administrator; disciplinary action.

1. The Administrator may on his own motion, and shallupon receiving a complaint, investigate the actions of any licensee or anyother person who assumes to act in the capacity of a licensee in this State. Acomplaint must be verified and filed with the Division within 2 years after theact complained of.

2. If the Administrator finds that the licensee orother person has acted in violation of this chapter, and that the violation isnot repeated or continuing, he may attempt to secure a correction of theviolation or satisfaction for the complainant from the licensee or otherperson. If his attempt fails or if he determines that disciplinary action isnecessary, he may take disciplinary action.

3. If the Administrator finds that the violation isbeing repeatedly or continuously committed, or if in his discretion theviolation warrants disciplinary action, he may take disciplinary action withoutseeking correction or satisfaction.

(Added to NRS by 1979, 1207)

NRS 489.436 Bidding,contracting or otherwise acting in capacity of licensee without having license:Cease and desist order; injunction; fine.

1. The Administrator or his designee shall issue anorder to cease and desist to any person or combination of persons who:

(a) Engages in the business or acts in the capacity ofa licensee within this State, including, without limitation, commencing anywork for which a license is required pursuant to this chapter; or

(b) Submits a bid or enters into a contract for a joblocated within this State for which a license is required pursuant to thischapter,

withouthaving a license issued pursuant to this chapter, unless that person orcombination of persons is exempt from licensure pursuant to this chapter. Theorder must be served personally or by certified mail and is effective uponreceipt.

2. If it appears that any person or combination ofpersons has engaged in acts or practices which constitute a violation of thischapter or the violation of an order issued pursuant to subsection 1, theAdministrator may request the Attorney General, the district attorney of thecounty in which the alleged violation occurred or the district attorney of anyother county in which that person or combination of persons maintains a placeof business or resides, to apply on behalf of the Administrator to the districtcourt for an injunction restraining the person or combination of persons fromacting in violation of this chapter. Upon a proper showing, a temporary restrainingorder, a preliminary injunction or a permanent injunction may be granted. TheAdministrator, as plaintiff in the action, is not required to prove anyirreparable injury.

3. In seeking injunctive relief against any person orcombination of persons for an alleged violation of this chapter, it issufficient to allege that the person or combination of persons, upon a certainday and in a certain county of this State:

(a) Engaged in the business or acted in the capacity ofa licensee within this State; or

(b) Submitted a bid or entered into a contract for ajob located within this State for which a license is required pursuant to thischapter,

and theperson or combination of persons did not have a license issued pursuant to thischapter and was not exempt from licensure pursuant to this chapter, without allegingany further or more particular facts concerning the matter.

4. The issuance of a restraining order or aninjunction does not relieve the person or combination of persons against whomthe restraining order or injunction is issued from criminal prosecution forpracticing without a license.

5. If the court finds that any person or combinationof persons has willfully violated an order issued pursuant to subsection 1, itshall impose a fine of not less than $250 nor more than $1,000 for eachviolation of the order.

(Added to NRS by 2005, 1626)

NRS 489.441 Hearingsbefore Administrator.

1. The applicant or licensee may, within 30 days afterreceipt of the notice of denial or complaint, petition the Administrator inwriting for a hearing.

2. Upon filing the petition, a date for hearing mustbe fixed, which must be within 30 days after the date on which the petition wasfiled.

3. Within 20 days after the hearing, the Administratorshall make written findings of fact and conclusions.

(Added to NRS by 1979, 1207)

NRS 489.451 Commercialcoach to bear certificate and label of compliance; limitation. Every commercial coach which is rented, leased or sold oroffered for rent, lease or sale in this State must bear a certificate and labelof compliance issued by this State if the commercial coach was manufactured onor after July 1, 1977.

(Added to NRS by 1979, 1207; A 1981, 1192; 1983, 789;1993, 2053)

NRS 489.461 Compliancewith local building codes and ordinances not required if certificate and labelissued; exception. Except as otherwiseprovided in NRS 278.02095, amanufactured home, mobile home, travel trailer or commercial coach for which acertificate and label of compliance has been issued pursuant to the provisionsof this chapter is not required to comply with any local building codes orordinances prescribing standards for plumbing, heating, electrical systems,body and frame design and construction requirements.

(Added to NRS by 1979, 1208; A 1983, 789; 1999, 3467)

NRS 489.481 Regulationsproviding fees for certificates, labels, licenses and other services providedby Division. The Division shall adoptregulations providing fees for:

1. Certificates of installation;

2. Labels of installation;

3. Certificates of compliance;

4. Labels of compliance;

5. Certificates of ownership;

6. Licenses of manufacturers, dealers, salesmen,responsible managing employees, general servicemen and specialty servicemen;

7. Licenses for branch offices; and

8. Any other services provided by the Division.

(Added to NRS by 1979, 1209; A 1983, 789; 2005, 1638)

NRS 489.491 Fundfor Manufactured Housing.

1. Except as otherwise provided in NRS 489.265, all fees collected pursuant tothe provisions of this chapter must be deposited in the State Treasury forcredit to the Fund for Manufactured Housing which is hereby created as aspecial revenue fund. All expenses of the enforcement of this chapter must bepaid from the Fund.

2. The Fund may not be used for any purpose, exceptthe regulation of manufactured homes, mobile homes, travel trailers andcommercial coaches and the administration of chapters461 and 461A of NRS.

3. Claims against the Fund must be paid as otherclaims against the State are paid.

(Added to NRS by 1979, 1203; A 1981, 1192; 1983, 790;1985, 303; 1995, 956)

ACCOUNT FOR EDUCATION AND RECOVERY RELATING TO MANUFACTUREDHOUSING

NRS 489.4971 Creation;use; fees; payments; service of copy of complaint upon commencement of action.

1. The Account for Education and Recovery Relating toManufactured Housing is hereby created within the Fund for Manufactured Housingto satisfy the claims of purchasers of manufactured homes, mobile homes orcommercial coaches against persons licensed pursuant to the provisions of thischapter. Any balance in the Account over $500,000 at the end of any fiscal yearmust be set aside and used by the Administrator for education relating tomanufactured homes, mobile homes, travel trailers or commercial coaches.

2. Upon the issuance or renewal of the followinglicenses by the Division, the licensee must pay, in addition to the original orrenewal license fee, a fee:

(a) For a dealers or manufacturers original license,or for any original limited dealers license, of $1,000.

(b) For a dealers or manufacturers renewal license,or a renewal of any limited dealers license, of $600.

(1) A general serviceman or specialtyserviceman, of $150.

(2) A salesman, of $75.

(3) A responsible managing employee, of $100.

Except asotherwise provided in NRS 489.265, feescollected pursuant to this section must be deposited in the State Treasury forcredit to the Account.

3. A paymentfrom the Account to satisfy the claim of a purchaser specified in subsection 1against a person who is licensed pursuant to this chapter must be made onlyupon an appropriate court order that is issued in an action for fraud, misrepresentationor deceit relating to an act for which a license is required pursuant to thischapter.

4. If a purchaser specified in subsection 1 commencesan action specified in subsection 3 against a person who is licensed pursuantto this chapter, the purchaser must serve a copy of the complaint upon theAdministrator within 30 days after the action is commenced.

(Added to NRS by 1981, 1849; A 1983, 790; 1987, 1864,2088; 1989, 1472; 1993, 1187; 1995, 956; 2001, 487; 2003, 1410; 2005, 1638)

NRS 489.4975 Recoveryfrom Account: Procedure; hearing; limitation.

1. If a purchaser of a manufactured home, mobile homeor commercial coach obtains a final judgment in any court of competentjurisdiction against any licensee under this chapter in an action specified insubsection 3 of NRS 489.4971, the judgmentcreditor may, upon the termination of all proceedings, including appeals inconnection with any judgment, file a verified petition in the court in whichthe judgment was entered for an order directing payment from the Account in theamount of actual damages included in the judgment and unpaid, but not more than$25,000 per judgment and the liability of the Account may not exceed $100,000for any licensee.

2. A copy ofthe petition must be served upon the Administrator and an affidavit of servicefiled with the court. The petition and each copy of the petition servedpursuant to this subsection must set forth the grounds which entitle thejudgment creditor to recover from the Account and must include a copy of:

(a) The finaljudgment specified in subsection 1;

(b) Thecomplaint upon which the final judgment was entered; and

3. The court shall act upon the petition within 30days after service and, upon the hearing of the petition, the judgment creditormust show that:

(a) He is not the spouse of the judgment debtor, or thepersonal representative of that spouse.

(b) He has complied with all the requirements of NRS 489.4971 to 489.4989, inclusive.

(c) He has obtained a judgment of the kind described insubsection 1, stating the amount of the judgment and the amount owing on it atthe date of the petition.

(d) A writ of execution has been issued upon thejudgment and that no assets of the judgment debtor liable to be levied upon insatisfaction of the judgment could be found, or that the amount realized on thesale of any of them that were found under the execution was insufficient tosatisfy the judgment, stating the amount so realized and the balance remainingdue.

(e) He and the Division have made reasonable searchesand inquiries to ascertain whether the judgment debtor possesses real orpersonal property or other assets, liable to be sold or applied in satisfactionof the judgment.

(f) The petition has been filed not more than 1 yearafter the termination of all proceedings, including reviews and appeals, inconnection with the judgment.

4. A person licensed pursuant to this chapter shallnot recover from the Account for damages related to a transaction in which heacted in his capacity as a licensee.

(Added to NRS by 1981, 1849; A 1999, 862; 2001, 488; 2003, 1410)

NRS 489.4977 Administratormay answer petition; compromise of claims.

1. The Administrator may answer and defend any actionagainst the Account in the name of the defendant and may use any appropriate methodof review on behalf of the Account.

2. The judgment set forth in the petition must beconsidered as prima facie evidence only and the findings of fact in it are notconclusive for the purposes of this chapter.

3. The Administrator may, subject to court approval,compromise a claim based upon the application of the judgment creditor. Heshall not be bound by any prior compromise of the judgment debtor.

(Added to NRS by 1981, 1850)

NRS 489.4979 Courtorder requiring payment from Account. After thehearing, if the court finds that a claim may be made against the Account, thecourt shall enter an order directing the Administrator to pay from the Accountan amount within the limitations set by NRS489.4975 and 489.4983.

(Added to NRS by 1981, 1851)

NRS 489.4981 Automaticsuspension of license upon court order requiring payment; conditions forreinstatement of license. If the Administratorpays any amount in settlement of a claim or towards satisfaction of a judgmentagainst a licensee from the Account, the license is automatically suspendedupon the effective date of an order by the court authorizing payment from theAccount. A licensee may not be granted reinstatement until he has repaid infull, plus interest at the rate of 12 percent per annum, the amount paid fromthe Account on his behalf. Interest is to be computed from the date paymentfrom the Account is made.

(Added to NRS by 1981, 1851; A 1983, 790)

NRS 489.4983 Distributionof payment if claims exceed Accounts maximum liability; satisfaction of unpaidclaims when balance becomes sufficient.

1. Whenever multiple claims against a licensee arefiled against the Account and they exceed in the aggregate $100,000, themaximum liability of the Account for the licensee must be distributed among theclaimants in the ratio that their respective claims bear to the total of allclaims, or in any other manner that the court may find equitable.

2. The distribution must be made without regard to theorder of priority in which the claims were filed or judgments entered.

3. Upon the petition of the Administrator, the courtmay require all claimants and prospective claimants to be joined in one actionso that the respective rights of all claimants may be equitably determined.

4. If, at any time, the money deposited in the Accountis insufficient to satisfy any authorized claim or portion of a claim, theAdministrator shall, when sufficient money has been deposited in the Account,satisfy the unpaid claims or portions thereof, in the order that the claims orportions thereof were originally filed, plus accumulated interest at the rateof 6 percent per annum.

(Added to NRS by 1981, 1850)

NRS 489.4985 Administratorsright to subrogation. When the Administratorhas paid from the Account any sum to the judgment creditor, the Administratoris subrogated to all other rights of the judgment creditor and the judgmentcreditor shall assign all his right, title and interest in the judgment to theAdministrator and any amount and interest so recovered by the Administrator onthe judgment must be deposited in the Account.

(Added to NRS by 1981, 1851)

NRS 489.4987 Waiverof rights. The failure of a person to complywith any of the provisions of NRS 489.4971to 489.4989, inclusive, constitutes awaiver of any rights under those sections.

(Added to NRS by 1981, 1851)

NRS 489.4989 Disciplinaryaction against licensee not restricted for violation of law or regulation. Nothing contained in NRS489.4971 to 489.4989, inclusive,limits the authority of the Administrator to take disciplinary action against alicensee for a violation of any of the provisions of this chapter or of theregulations of the Division, nor does the repayment in full of obligations tothe Account by any licensee nullify or modify the effect of any otherdisciplinary proceeding brought pursuant to the provisions of this chapter orthe regulations adopted under it.

(Added to NRS by 1981, 1851)

CERTIFICATES OF OWNERSHIP

NRS 489.501 Dealersreport of sale of new manufactured home, mobile home or commercial coach:Contents; time to submit; copies; acknowledgment of taxes.

1. When a new manufactured home, mobile home orcommercial coach is sold in this state by a dealer, he shall complete adealers report of sale. The dealers report of sale must be in a formprescribed by the Division and include a description of the manufactured home,mobile home or commercial coach, the name and address of the seller and thename and address of the buyer. If in connection with the sale a securityinterest is taken or retained by the seller or dealer to secure all or part ofthe purchase price, or a security interest is taken by a person who gives valueto enable the buyer to acquire rights in the manufactured home, mobile home orcommercial coach, the name and address of the secured party or his assigneemust be entered on the dealers report of sale.

2. The dealer shall require the buyer to sign anacknowledgment of taxes, on a form prescribed by the Division, which includes astatement that a manufactured home, mobile home or commercial coach is taxablein the county in which it is located. A dealer who sells a new manufacturedhome, mobile home or commercial coach shall deliver the buyers copy of theacknowledgment of taxes to him at the time of sale and submit another copywithin 30 days after the date of the sale to the county assessor of the countyin which the manufactured home, mobile home or commercial coach will belocated.

3. The dealer shall submit the original of thedealers report of sale and the manufacturers certificate or statement oforigin to the Division within 30 days after the execution of all instrumentswhich the contract of sale required to be executed at the time of sale orwithin 30 days after the date of sale, whichever is later, unless an extensionof time is granted by the Division.

4. A dealer who sells a new manufactured home, mobilehome or commercial coach shall deliver the buyers copy of the report of saleto him at the time of sale and submit another copy within 30 days after thedate of the sale to the county assessor of the county in which the manufacturedhome, mobile home or commercial coach will be located.

(Added to NRS by 1979, 1210; A 1981, 1192; 1983, 791;1997, 190, 1588)

1. If a used or rebuilt manufactured home, mobile homeor commercial coach is sold in this State by a dealer, the dealer shallcomplete a dealers report of sale. The report must be in a form prescribed bythe Division and include a description of the manufactured home, mobile home orcommercial coach, the name and address of the seller and the name and addressof the buyer. If a security interest exists at the time of the sale, or if inconnection with the sale a security interest is taken or retained by the selleror dealer to secure all or part of the purchase price, or a security interestis taken by a person who gives value to enable the buyer to acquire rights inthe manufactured home, mobile home or commercial coach, the name and address ofthe secured party must be entered on the dealers report of sale.

2. The dealer shall submit the original of thedealers report of sale to the Division within 45 days after the execution ofall instruments which the contract of sale requires to be executed at the timeof the sale, unless an extension of time is granted by the Division, togetherwith the endorsed certificate of title or certificate of ownership previouslyissued. The dealer shall furnish one copy of the report of sale to the buyer atthe time of the sale. Within 45 days after the sale, the dealer shall furnishone copy of the report of sale to the assessor of the county in which themanufactured home, mobile home or commercial coach will be located.

3. The dealer shall require the buyer to sign anacknowledgment of taxes, on a form prescribed by the Division, which includes astatement that the manufactured home, mobile home or commercial coach istaxable in the county in which it is located. The dealer shall deliver thebuyers copy of the acknowledgment to him at the time of sale and submitanother copy to the county assessor of the county in which the manufacturedhome, mobile home or commercial coach is to be located.

4. If a used or rebuilt manufactured home, mobile homeor commercial coach is sold by a dealer pursuant to an installment contract orother agreement by which the certificate of title or certificate of ownershipdoes not pass immediately from the seller to the buyer upon the sale, thedealer shall submit to the Division any information required by the regulationsadopted by the Administrator pursuant to NRS489.272.

(Added to NRS by 1979, 1211; A 1983, 791; 1993, 233;1997, 190; 1999, 2778;2005, 1639)

NRS 489.521 Saleof used or rebuilt manufactured home, mobile home or commercial coach by personnot dealer: Documents and statement to be submitted to Division and countyassessor.

1. If a used or rebuilt manufactured home, mobile homeor commercial coach is sold in this State by a person who is not a dealer, theseller or buyer, or both, shall submit to the Division, and a copy to thecounty assessor of the county in which the manufactured home, mobile home orcommercial coach is located, within 45 days after the sale:

(a) If a certificate of ownership has been issued inthis State, that certificate properly endorsed.

(b) If a certificate of title or other document oftitle has been issued by a public authority of another state, territory orcountry:

(1) The certificate or document properlyendorsed; and

(2) A statement showing, if not included on theendorsed certificate or document, the description of the manufactured home,mobile home or commercial coach, the names and addresses of the buyer andseller, and the name and address of any person who takes or retains a purchasemoney security interest. The statement must be signed and acknowledged by theseller and buyer.

(c) If a document of title has not been issued by anypublic authority, a statement showing all the information and signed andacknowledged in the manner required by subparagraph (2) of paragraph (b) ofsubsection 1.

2. If a used or rebuilt manufactured home, mobile homeor commercial coach is sold by a person who is not a dealer pursuant to aninstallment contract or other agreement by which the certificate of title orcertificate of ownership does not pass immediately from the seller to the buyerupon the sale, the seller or buyer, or both, shall submit to the Division anyinformation required by the regulations adopted by the Administrator pursuantto NRS 489.272.

(Added to NRS by 1979, 1211; A 1983, 792; 1993, 234;1997, 1589; 2005,1639)

NRS 489.531 Paymentof property taxes on used manufactured home or used mobile home prerequisite toissuance of certificate.

1. The Division shall not issue a certificate ofownership of a used manufactured home or used mobile home unless the countyassessor of the county in which the manufactured home or mobile home wassituated at the time of sale has endorsed on the certificate that all personalproperty taxes on that manufactured home or mobile home for the fiscal yearhave been paid.

2. Every certificate of ownership issued for a usedmanufactured home or mobile home must contain a warning, printed or stamped onits face, to the effect that title to a used manufactured home or used mobilehome does not pass until the county assessor of the county in which themanufactured home or mobile home was situated at the time of the sale hasendorsed on the certificate that all personal property taxes on thatmanufactured home or mobile home for the fiscal year have been paid.

(Added to NRS by 1979, 1209; A 1981, 1193; 1983, 792;1991, 2107; 1993, 98)

NRS 489.541 Issuanceof certificate.

1. Except as otherwise provided in subsection 4, uponreceipt of the documents required by the Division, the Division shall issue acertificate of ownership.

2. If no security interest is created or exists inconnection with the sale, the certificate of ownership must be issued to thebuyer.

3. If a security interest is created by the sale, thecertificate of ownership must be issued to the secured party or his assignee,and must show the name of the registered owner.

4. The Division shall not issue a certificate ofownership for a mobile home that has been determined to be substandard untilthe conditions that rendered the mobile home substandard are abated.

(Added to NRS by 1979, 1210; A 1993, 2053)

NRS 489.551 Endorsementof certificate upon transfer. Upon a transferof the title to or the interest of an owner in a manufactured home, mobile homeor commercial coach for which a certificate of ownership is issued pursuant tothe provisions of this chapter, the person whose title or interest is to betransferred and the transferee shall write their signatures with ink upon thecertificate of ownership issued for the manufactured home, mobile home orcommercial coach, together with the residence address of the transferee, in theappropriate spaces provided upon the reverse side of the certificate. Eachsignature written upon a certificate of ownership pursuant to the provisions ofthis section must be notarized.

(Added to NRS by 1979, 1210; A 1983, 792; 2001, 489)

NRS 489.561 Issuanceof certificate when transferee unable to present previously issued certificate. Whenever an application is made to the Division for titleof a manufactured home, mobile home or commercial coach previously titled andthe applicant is unable to present the certificate of ownership previouslyissued because it is lost or being unlawfully detained by one in possession oris not otherwise available, the Division may receive the application andexamine the circumstances of the case and require the filing of affidavits orother information. When the Division is satisfied that the applicant isentitled to a certificate of ownership, it may issue the certificate on themanufactured home, mobile home or commercial coach.

(Added to NRS by 1979, 1210; A 1983, 793)

NRS 489.571 Issuanceof certificate to secured parties; delivery of certificate followingperformance of contract or security agreement.

1. Whenever a security interest is created in amanufactured home, mobile home or commercial coach, the certificate ofownership must be delivered to the Division with a statement signed by thedebtor showing the date of the security agreement, the names and addresses ofthe debtor and the secured party.

2. The Division shall issue to the secured party acertificate of ownership with the name and address of the secured party and thename and address of the registered owner noted on it. If the security interestis subsequently acquired by another person, or if there is a change in the nameor address of the secured party, the secured party shall apply to the Divisionfor a corrected certificate of ownership.

3. When the contract or terms of the securityagreement have been fully performed, the seller or other secured party whoholds the certificate of ownership shall deliver the certificate to the personlegally entitled to it with proper evidence of the termination or release ofthe security interest.

(Added to NRS by 1979, 1211; A 1983, 793; 1991, 1723)

NRS 489.581 Rightsand duties of debtor and secured party; perfection and release of securityinterest. Compliance with the provisions ofthis chapter relating to a security interest in a manufactured home, mobilehome or commercial coach is sufficient for the perfection and release of thatsecurity interest. In all other respects the rights and duties of the debtorand secured party are governed by the Uniform Commercial CodeSecuredTransactions and chapter 97 of NRS to theextent applicable.

(Added to NRS by 1979, 1211; A 1983, 793; 1985, 303)

LABELS AND CERTIFICATES OF INSTALLATION

NRS 489.591 Divisionrequired to adopt regulations concerning issuance. TheDivision shall adopt regulations concerning the issuance of:

1. Certificates of installation issued by the Divisionwhich certify that the manufactured home, mobile home or commercial coach wasinstalled in compliance with regulations adopted by the Division.

2. Labels of installation issued by the Division whichmust be attached to a manufactured home, mobile home or commercial coach afterthe certificate of installation has been issued and removed when themanufactured home, mobile home or commercial coach is moved from the locationit occupied when the certificate was issued.

(Added to NRS by 1979, 1209; A 1983,782)(Substituted in revision for NRS 489.271)

NRS 489.593 Certificatesof installation: Contents. Each certificate ofinstallation issued by the Division for a manufactured home or mobile home mustinclude the following information:

1. The name of the Administrator;

2. The address and telephone number of each office ofthe Division;

3. The legal rights of owners of manufactured homesand mobile homes;

4. The procedure for filing a complaint with theAdministrator;

5. The procedure for resolution of disputes betweenowners of manufactured homes or mobile homes and persons licensed by theDivision; and

6. Any other information prescribed by theAdministrator.

(Added to NRS by 1991, 2047)

NRS 489.595 Certificatesof installation: Dealer required to provide copy to purchaser of newmanufactured home; sample copies. A dealershall provide a copy of the certificate of installation described in NRS 489.593 to each purchaser of a newmanufactured home. The Division shall make available sample copies ofcertificates of installation to all licensed dealers for distribution toprospective purchasers.

(Added to NRS by 1991, 2047)

NRS 489.596 Trainingregarding inspections necessary for issuance of certificates of installationand labels of installation.

1. The Division, in cooperation with manufacturers andorganizations concerned with manufactured homes and mobile homes, shall conductone or more training programs each year regarding appropriate methods andtechniques for conducting any inspections necessary for the issuance ofcertificates of installation and labels of installation for manufactured homesand mobile homes.

2. The Division shall pay for the expenses ofconducting the programs from money in the Account for Education and RecoveryRelating to Manufactured Housing.

(Added to NRS by 1993, 1185)

NRS 489.5965 Issuanceof certificate of installation or label of installation without completingtraining program prohibited. No person mayissue a certificate of installation or label of installation for a manufacturedhome or mobile home unless he has successfully completed, within the preceding12 months, a training program conducted pursuant to NRS 489.596.

(Added to NRS by 1993, 1186)

NRS 489.597 Administratorrequired to adopt regulations. The Administratorshall adopt regulations to carry out the provisions of NRS 489.593 to 489.5965, inclusive.

(Added to NRS by 1991, 2047; A 1993, 1187)

SPECIAL PLATES AND PERMITS FOR MOVEMENT

NRS 489.601 Specialplates for movement of manufactured home, mobile home or commercial coach: Issuance;regulations; fees.

1. Except as otherwise provided in NRS 489.611, any manufacturer or dealerhaving an established place of business in this State, and owning orcontrolling any new or used manufactured home, mobile home or commercial coach,may move the manufactured home, mobile home or commercial coach for thepurposes of display, maintenance, sale or exchange if there is displayed on ita special plate issued to the manufacturer or dealer as provided by thissection.

2. Upon issuance of a manufacturers or dealerslicense pursuant to this chapter, the Division shall furnish to the licenseeone or more special plates for use on manufactured homes, mobile homes andcommercial coaches pursuant to subsection 1. Each plate must have displayedupon it the identification number which is assigned to the manufacturer ordealer and may, at the discretion of the Division, have a different letter orsymbol on each plate. The plates may be used interchangeably on themanufactured homes, mobile homes or commercial coaches.

3. The Division shall, by regulation, determine thenumber of plates to which each manufacturer or dealer is entitled.

4. The Department shall supply the Division with thespecial plates.

5. There must be paid to the Division a fee of $12 atthe time application for a special plate is made, and by the Division to theDepartment, a fee of $5.50 for each special plate.

(Added to NRS by 1979, 1212; A 1983, 793; 1985, 1969;2005, 1640)

NRS 489.611 Permitrequired for movement upon highways or roads; exceptions.

1. Except as provided in subsection 2, no manufacturedhome, mobile home or commercial coach may be moved upon the highways or roadsof this state through use of any valid license plate unless a proper trippermit is obtained and displayed.

2. NRS 489.621to 489.661, inclusive, do not apply tomanufactured homes, mobile homes or commercial coaches moved:

(a) Through this state from and to points outsideNevada.

(b) Into this state with a valid license plate orpermit from another state.

(1) The place of manufacture of the manufacturedhome, mobile home or commercial coach to the place of business of a dealerlicensed under this chapter;

(2) One dealer lot to another; or

(3) A dealer lot to the place of delivery tothat dealers buyer.

(Added to NRS by 1979, 1212; A 1983, 794)

NRS 489.621 Application;fee and required proof; expiration; use.

1. Except as otherwise provided in NRS 489.611, any person who moves amanufactured home, mobile home or commercial coach upon any highway or road inthis state shall, before that movement, apply to the county assessor for a trippermit. The assessor of the county from which the manufactured home, mobilehome or commercial coach is to be moved shall issue a trip permit for eachsection of the manufactured home, mobile home or commercial coach uponapplication presented in the form prescribed by the Division, payment of a feeof $5 for each permit, and proof satisfactory to the assessor of ownership andthat all property taxes, for the full year in which the permit is to be used,and use taxes if applicable, levied against the manufactured home, mobile homeor commercial coach and its contents have been paid.

2. The trip permit authorizes movement over thehighways and roads for not more than 5 consecutive working days following thedate of issuance and the application and permit respectively must be used inlieu only of any certificate of registration and vehicle license number platerequired by law.

(Added to NRS by 1979, 1213; A 1981, 1193; 1983, 794;1989, 1832)

NRS 489.631 Contentsof application; duties of county assessor.

1. The application for a trip permit must contain anyinformation required by the Division, and the name of the owner of themanufactured home, mobile home or commercial coach, the make, model and serialnumber of the manufactured home, mobile home or commercial coach, the locationof the place from which it was moved, the address of the place to which it isto be moved, the amount of all property taxes paid for the manufactured home,mobile home or commercial coach for the year in which the permit will be used,the expiration date of the permit and the signature of the county assessor orhis designee.

2. The county assessor shall, within 10 days afterissuing the trip permit, forward a copy of the application:

(a) To the Division; and

(b) To the assessor of the county where themanufactured home, mobile home or commercial coach will be located, unless themanufactured home, mobile home or commercial coach is to leave this state.

3. The county assessor shall also provide a copy ofthe application:

(a) For use by the operator of the vehicle moving themanufactured home, mobile home or commercial coach and the operator shall keephis copy of the application in his possession at all times during the movement.

(b) To the owner of the manufactured home, mobile homeor commercial coach.

(Added to NRS by 1979, 1213; A 1983, 794; 1989, 1832)

NRS 489.641 Size,shape, form and display of permit.

1. The Division shall determine the size, shape andform of the trip permit which may be part of a single form also containing theapplication for the permit. Each permit must bear the month and day ofexpiration in numerals of sufficient size to be plainly readable from areasonable distance during daylight.

2. The trip permit must be prominently displayed onthe rear of each section of the manufactured home, mobile home or commercialcoach in the manner prescribed by the Division at all times during which themanufactured home, mobile home or commercial coach is moved upon any highway orroad. The permit must be made and displayed in a manner that renders the permitunusable when removed from the manufactured home, mobile home or commercialcoach.

(Added to NRS by 1979, 1213; A 1981, 1194; 1983, 795)

NRS 489.651 Suppliesof forms; disposition of fees.

1. The Division shall provide each county assessorwith a sufficient quantity of application and permit forms.

2. The assessor or an appropriate officer shall remitone-half of the fee collected for the trip permit monthly to the Division fordeposit in the Fund for Manufactured Housing.

(Added to NRS by 1979, 1214; A 1985, 303)

NRS 489.661 Violations;penalty; seizure of manufactured home, mobile home or commercial coach.

1. Any person who moves a manufactured home, mobilehome or commercial coach in violation of the provisions of NRS 489.611 to 489.651, inclusive, is guilty of amisdemeanor.

2. If a manufactured home, mobile home or commercialcoach is moved upon any highway or road in the State in violation of any of theprovisions of NRS 489.611 to 489.651, inclusive, the Division, anymember of the Nevada highway patrol or any peace officer in the State shallseize and hold the manufactured home, mobile home or commercial coach untilpresented with a copy of the application and trip permit required by NRS 489.621 to 489.661, inclusive.

(Added to NRS by 1979, 1214; A 1983, 795)

EQUIPMENT; FIXTURES

NRS 489.701 Smokedetectors required for mobile homes, commercial coaches, travel trailers andmanufactured homes sold or used for residential purposes in State;interconnectivity devices.

1. Any mobile home, commercial coach or travel trailersold or used for residential purposes in this State must be equipped with asmoke detector which meets standards approved by the State Fire Marshal.

2. Any manufactured home sold or used for residentialpurposes in this State must be equipped with a smoke detector which meetsfederal construction and safety standards for manufactured homes in accordancewith the National Manufactured Housing Construction and Safety Standards Act of1974 (42 U.S.C. 5401 et seq.).

3. An interconnectivity device for smoke detectors isnot required to be installed in a mobile home or manufactured home that was notdesigned and produced by the manufacturer to accommodate such a device.

(Added to NRS by 1979, 986; A 1983, 795; 2005, 2333)

NRS 489.706 Newlyconstructed mobile and manufactured homes: Minimal standards for plumbingfixtures.

1. Except as otherwise provided in subsection 2, eachmanufactured home or mobile home on which construction begins on or after March1, 1992, must incorporate the following minimal standards for plumbingfixtures:

(a) A toilet which uses water must not be installedunless its consumption of water does not exceed 3.5 gallons of water per flush.

(b) A shower apparatus which uses more than 3 gallonsof water per minute must not be installed unless it is equipped with a deviceto reduce water consumption to 3 gallons of water or less per minute.

(c) Each faucet installed in a lavatory or kitchen mustnot allow water to flow at a rate greater than 3 gallons per minute.

2. Each manufactured home or mobile home on whichconstruction begins on or after March 1, 1993, must incorporate the followingminimal standards for plumbing fixtures:

(a) A toilet which uses water must not be installed unlessits consumption of water does not exceed 1.6 gallons of water per flush.

(b) A shower apparatus which uses more than 2.5 gallonsof water per minute must not be installed unless it is equipped with a deviceto reduce water consumption to 2.5 gallons of water or less per minute.

(c) Each faucet installed in a lavatory or kitchen mustnot allow water to flow at a rate greater than 2.5 gallons per minute.

(Added to NRS by 1991, 1169)

TAXATION

NRS 489.711 Dealerexempt from property tax on inventory. Notwithstandingthe provisions of chapters 361 and 482 of NRS or any other law, no dealer may berequired to pay any property tax, either as tax on inventory or on individualmanufactured homes, mobile homes or commercial coaches, on any manufacturedhome, mobile home or commercial coach of which the dealer takes possession andwhich he holds for sale in the ordinary course of business.

(Added to NRS by 1979, 1212; A 1983, 795)

CONTRACTS AND OTHER LEGAL AGREEMENTS

NRS 489.715 Disclosureof terms and conditions of offer to be contained in signed document; submissionof signed offer.

1. Full disclosure of all terms and conditions of anoffer to sell, buy or lease a used manufactured home, used mobile home or usedcommercial coach must be set forth in writing and signed by the seller, buyerand dealer.

2. Any offer to purchase or lease a used manufacturedhome, used mobile home or used commercial coach must be submitted within 5 daysafter the offer is made to the owner or his authorized agent for approval ordisapproval. The offer must be in writing and signed and dated by the personmaking the offer and by the dealer.

3. As used in this section, authorized agent doesnot include a dealer or an employee or agent of the dealer.

(Added to NRS by 1981, 1190; A 1983, 796; 1999, 862)

NRS 489.7152 Formof contracts to be used by dealer for sale and listing of manufactured home,mobile home or commercial coach; disciplinary action for failure to use forms. The Administrator shall prescribe the form of the contractsthat must be used by a dealer for the sale and listing for sale of amanufactured home, mobile home or commercial coach. A dealer who fails to usethe forms prescribed by the Administrator pursuant to this section is subjectto disciplinary action pursuant to NRS489.381.

(Added to NRS by 1999, 860; A 2005, 664, 1640)

1. Except as otherwise provided in subsection 2, adealer shall not obtain or attempt to obtain the signature of a buyer on acontract for the sale or exchange of an interest in a mobile home, manufacturedhome or commercial coach if any of the essential provisions of the contract arenot set forth in the contract.

2. The dealer may insert:

(a) The identification number or identifying marks of amanufactured home, mobile home or commercial coach; and

(b) The date the first installment payment for the saleor exchange is due from the buyer,

into theblank spaces of a contract after the contract has been signed by a buyer if themanufactured home, mobile home or commercial coach was not delivered to thebuyer on the date the contract was executed.

3. The Administrator shall prescribe, by regulation,the essential provisions of a contract.

(Added to NRS by 1999, 860)

NRS 489.7156 Brokerageagreements: Enforceability if dealer granted exclusive right to assist, solicitor negotiate sale or exchange of interest in manufactured home, mobile home orcommercial coach; required elements. A brokerageagreement that includes a provision that grants a dealer the exclusive right toassist, solicit or negotiate the sale or exchange of an interest in amanufactured home, mobile home or commercial coach on behalf of a client isenforceable if the agreement:

1. Is in writing;

2. Sets forth the date the brokerage agreementexpires;

3. Does not require the client to perform any actconcerning the brokerage agreement after the agreement expires; and

4. Is signed by the client or his representative andthe dealer or his representative.

(Added to NRS by 1999, 859)

NRS 489.7158 Brokerageagreements: Duties of dealer; dealer prohibited from entering unless dealerdetermines client able to deliver good title.

1. A dealer who has entered into a brokerage agreementwith a client for the sale or exchange of an interest in a manufactured home,mobile home or commercial coach shall:

(a) Seek the price and terms for the sale or exchangethat are set forth in the brokerage agreement or are approved by the client;

(b) Present all offers made to or by the client as soonas practicable;

(d) Advise the client to obtain advice from an expertconcerning any matters that are beyond the knowledge or expertise of thedealer;

(e) As soon as practicable, account for all money andproperty he receives in which the client may have a financial interest; and

(f) As soon as practicable, deliver to each party acopy of the executed contract for the sale or exchange.

2. A dealer shall not enter into a brokerage agreementwith a client for the sale or exchange of an interest in a manufactured home,mobile home or commercial coach unless the dealer has determined that theclient will be able to deliver good title upon the execution of the sale orexchange of the interest in the manufactured home, mobile home or commercialcoach.

(Added to NRS by 1999, 859)

1. A dealer of new manufactured homes who is licensedpursuant to chapter 624 of NRS may enter intowritten agreements pursuant to which appropriately licensed providers ofservice agree to perform work pertinent to the sale, installation and occupancyof a manufactured home. If such a dealer enters into such a written agreement,the dealer is responsible for the workmanship and completion of all parts ofthe project involving the sale, installation and occupancy of the manufacturedhome, including, without limitation, any work performed by a provider ofservice pursuant to the written agreement.

2. A dealer of new manufactured homes, regardless ofwhether he is licensed pursuant to chapter 624of NRS, shall not require a buyer of a manufactured home to obtain services tobe performed pertinent to the sale, installation or occupancy of themanufactured home from a specific provider. The dealer shall disclose to thebuyer in writing the fact that the dealer is prohibited from requiring thebuyer to obtain such services from a specific provider of services.

3. As used in this section, provider of servicesmeans any person who performs work pertinent to the sale, installation andoccupancy of a new manufactured home.

(Added to NRS by 2003, 586)

FINANCIAL AND FIDUCIARY DUTIES OF DEALER

NRS 489.717 Dealerprohibited from requiring purchaser to obtain loan or financing from specificperson; disclosure of prohibition to purchaser; regulations.

1. A dealer shall not require a person to obtain aloan or financing from him or any other person as a condition to the purchase,sale or exchange of a manufactured home, mobile home or commercial coach.

2. A dealer shall disclose the substance of subsection1 to each person with whom it agrees to purchase, sell or exchange amanufactured home, mobile home or commercial coach. The Division may adoptregulations concerning the form and manner of the disclosure.

(Added to NRS by 1987, 2087)

NRS 489.721 Depositof receipts from sale of commercial coach in fiduciary account. Any dealer who does not have title to a commercial coachmust deposit any money received from the sale of that commercial coach in afiduciary account until the sale is completed or terminated.

(Added to NRS by 1979, 1212; A 1981, 1299)

NRS 489.723 Moneyreceived by dealer concerning sale or exchange of interest in manufacturedhome, mobile home or commercial coach: Duties of dealer; distribution of money;exceptions.

1. Any money that a dealer receives from a client orother person concerning the sale or exchange of an interest in a manufacturedhome, mobile home or commercial coach must be accounted for by the dealer when:

(a) The sale or exchange of the interest in themanufactured home, mobile home or commercial coach is executed; or

(b) The contract for the sale or exchange of theinterest in the manufactured home, mobile home or commercial coach is rescindedby the dealer, client or any other person,

whicheveroccurs earlier.

2. The dealer shall:

(a) Prepare or cause to be prepared a written itemizedstatement concerning each expenditure or deduction of money made by the dealer;

(b) Deliver or cause to be delivered to each personfrom whom the dealer received money a copy of the written itemized statement;and

3. Except as otherwise provided in a brokerageagreement or an escrow agreement signed by the parties to a sale or exchange ofan interest in a manufactured home, mobile home or commercial coach and theescrow agent or escrow officer licensed pursuant to the provisions of chapter 645A or 692Aof NRS, no money concerning that sale or exchange held by a dealer may bedistributed until:

(a) An application for:

(1) A certificate of ownership for themanufactured home, mobile home or commercial coach; or

(2) A certificate of title or certificate ofownership that does not pass immediately upon the sale or transfer of themanufactured home, mobile home or commercial coach,

has beensubmitted to the Division;

(b) Each person who has a financial interest in themanufactured home, mobile home or commercial coach has executed a document thatreleases or waives his interest; and

(c) Each party to the sale or exchange has compliedwith the requirements for the sale or exchange that are set forth in theregulations adopted pursuant to the provisions of this chapter.

(Added to NRS by 1999, 858)

1. All down payments, deposits of earnest money, proceedsof loans or other money which a dealer receives, on behalf of his principal orany other person, must be deposited in a separate checking account, which mustbe designated a trust account, in a financial institution in this state whosedeposits are insured by an agency of the Federal Government or by a privateinsurer approved pursuant to NRS 678.755.

2. Every dealer required to maintain a separate ortrust account shall keep records of all money deposited therein. The recordsmust clearly indicate the date and from whom he received money, the datedeposited, the dates of withdrawals, and other pertinent information concerningthe transaction, and must show clearly for whose account the money is depositedand to whom the money belongs. All such records and money are subject toinspection and audit by the Division and its authorized representatives. Allsuch separate trust accounts must designate the dealer as trustee and providefor the withdrawal of money without previous notice.

3. All money deposited in a separate trust accountfrom down payments, deposits of earnest money, proceeds of loans or other moneyreceived by a dealer from a person pursuant to a written contract signed by thedealer and that person must not be withdrawn from the account except to payspecific expenses as authorized by the written contract.

4. Each dealer shall notify the Division of the namesof the financial institutions in which he maintains trust accounts and specifythe names of the accounts on forms provided by the Division.

(Added to NRS by 1983, 379; A 1985, 810; 1997, 212; 1999, 1506)

NRS 489.727 Dealerprohibited from commingling money or other property. Adealer shall not commingle the money or other property of a seller or purchaserof a manufactured home or a mobile home with his own.

(Added to NRS by 1983, 380; A 1983, 799)

NRS 489.729 Dealerrequired to satisfy outstanding security interest in mobile home, manufacturedhome or commercial coach taken in trade. If alicensed dealer takes a mobile home, manufactured home or commercial coach intrade on the purchase of another such home or coach and there is an outstandingsecurity interest, the licensed dealer shall satisfy the outstanding securityinterest within 30 days after the manufactured home, mobile home or commercialcoach is taken in trade on the purchase of the other home or coach.

(Added to NRS by 1987, 147)

MISCELLANEOUS PROVISIONS

NRS 489.731 Restrictionson leasing of vacant lots. Unless further restrictedby a local ordinance, if more than 80 percent of the lots in the park where itis situated are occupied, it is unlawful for a dealer, general serviceman,specialty serviceman or salesman to rent or lease a vacant mobile home lotunless:

1. Within 60 days he takes up residence in amanufactured home or mobile home placed upon the lot; or

2. He releases the lot to a qualified tenant.

After theexpiration of 60 days after the date of rental of the lot to the dealer, generalserviceman, specialty serviceman or salesman, any qualified tenant is entitled,upon written request to the landlord, to obtain release of the lot.

(Added to NRS by 1979, 1880; A 1983, 796; 2005, 1640)

NRS 489.741 Limitationof actions against Division and its employees. Noright of action exists in favor of any person by reason of any action orfailure to act on the part of the Division or any of its officers or employeesin carrying out the provisions of this chapter, or in giving or failing to giveany information concerning the legal ownership of a manufactured home, mobilehome or commercial coach or the existence of a security interest in it.

(Added to NRS by 1979, 1212; A 1983, 796)

NRS 489.751 Impliedwarranty by dealer of working order of essential systems of manufactured home,mobile home or commercial coach.

1. Unless otherwise specifically waived in writing bythe buyer, for each sale of a manufactured home, mobile home or commercialcoach in which the dealer is the seller or an agent of the seller, there is animplied warranty by the dealer that all the essential systems are in workingorder upon the execution of the sale. For the purposes of this subsection, thewords as is or any similar words do not constitute a waiver of the impliedwarranty unless the words specifically refer to a specific component of anessential system.

2. As used in this section, essential system meansthe heating, air-conditioning, electrical, plumbing and drainage systems of amanufactured home, mobile home or commercial coach.

(Added to NRS by 1999, 860)

NRS 489.756 Establishedplace of business to display sign; contents; conformance to regulations. Each established place of business, including each branchoffice of that business, must display a sign that:

1. Includes the name under which business is conductedpursuant to a license issued pursuant to this chapter; and

2. Conforms to any regulations adopted by the Divisionrelating to the size and placement of the sign.

(Added to NRS by 2005, 1626)

DISCLOSURE THAT HOME OR COACH HAS BEEN USED IN MANUFACTUREOF METHAMPHETAMINE

NRS 489.770 Definitions. As used in NRS 489.770to 489.780, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 489.772 and 489.774 have the meanings ascribed to themin those sections.

(Added to NRS by 2003, 1340)

NRS 489.772 Transfereedefined. Transferee means any person whopurchases, leases or takes possession in any other manner or attempts topurchase, lease or take possession in any other manner of a manufactured home,mobile home or commercial coach or any interest therein from a transferor.

(Added to NRS by 2003, 1340)

NRS 489.774 Transferordefined. Transferor means any person who:

1. Sells or leases or attempts to sell or lease amanufactured home, mobile home or commercial coach or any interest therein to atransferee; or

2. Transfers or attempts to transfer a manufacturedhome, mobile home or commercial coach or any interest therein to a transfereein any other manner.

(Added to NRS by 2003, 1340)

NRS 489.776 Dutiesof transferor or agent; when disclosure not required; regulations.

1. Except as otherwise provided in this section andunless required to make a disclosure pursuant to NRS 40.770, if a manufactured home, mobilehome or commercial coach is or has been the site of a crime that involves themanufacturing of any material, compound, mixture or preparation which containsany quantity of methamphetamine, a transferor or his agent who has actualknowledge of such information shall disclose the information to a transferee orhis agent.

2. The disclosure described in subsection 1 is notrequired if:

(a) All materials and substances involvingmethamphetamine have been removed from or remediated on the manufactured home,mobile home or commercial coach by an entity certified or licensed to do so; or

(b) The manufactured home, mobile home or commercialcoach has been deemed safe for habitation by a governmental entity.

3. The disclosure described in subsection 1 is notrequired for any sale or other transfer or intended sale or other transfer of amanufactured home, mobile home or commercial coach by a transferor:

(a) To any co-owner of the manufactured home, mobilehome or commercial coach, the spouse of the transferor or a person relatedwithin the third degree of consanguinity to the transferor; or

(b) If the transferor is a dealer and this is the firstsale or transfer of a new manufactured home, mobile home or commercial coach.

4. The Division may adopt regulations to carry out theprovisions of this section.

(Added to NRS by 2003, 1340)

NRS 489.778 Potentialliability of transferor and agent to transferee; options of transferee upondisclosure; rights and remedies additional.

1. A transferor or his agent, or both, who violates anyprovision of NRS 489.776 may be heldliable to the transferee in any action at law or in equity.

2. An agent of a transferee who has actual knowledgeof any information required to be disclosed pursuant to NRS 489.776 may be held liable to thetransferee in any action at law or in equity if he fails to disclose thatinformation to the transferee.

3. If a transferor makes a disclosure pursuant to NRS 489.776, the transferee may:

(a) Rescind the agreement to purchase, lease or takepossession of the manufactured home, mobile home or commercial coach;

(b) Make the agreement to purchase, lease or takepossession of the manufactured home, mobile home or commercial coach contingentupon the repair of any damage to the manufactured home, mobile home orcommercial coach that has been caused by the manufacturing of any material,compound, mixture or preparation which contains any quantity ofmethamphetamine; or

(c) Accept the manufactured home, mobile home orcommercial coach with the damage as disclosed by the transferor without furtherrecourse.

4. The rights and remedies provided by this sectionare in addition to any other rights or remedies that may exist at law or inequity.

(Added to NRS by 2003, 1340)

NRS 489.780 Groundsfor disciplinary action against licensed dealer or salesman. The failure of a licensed dealer or salesman to make thedisclosure required pursuant to NRS 489.776constitutes grounds for disciplinary action pursuant to NRS 489.381.

(Added to NRS by 2003, 1341; A 2005, 1641)

UNLAWFUL ACTS; PENALTIES

1. It is unlawful for any person to manufacture anymanufactured home, mobile home, travel trailer or commercial coach unless themanufactured home, mobile home, travel trailer or commercial coach and itscomponents and systems are constructed and assembled according to the standardsprescribed pursuant to the provisions of this chapter.

2. It is unlawful for any person knowingly to sell oroffer for sale any manufactured home which has been constructed on or afterJune 15, 1976, unless the manufactured home and its components and systems havebeen constructed and assembled according to the standards prescribed pursuantto the National Manufactured Housing Construction and Safety Standards Act of1974 (42 U.S.C. 5401 et seq.).

3. Any person who knowingly sells or offers to sell inthis state any manufactured home, mobile home or commercial coach for which acertificate or label of compliance is required under this chapter, which doesnot bear a certificate or label of compliance, is liable for the penaltiesprovided in NRS 489.811 and 489.821.

4. It is unlawful for any person to issue acertification which states that a manufactured home conforms to all applicablefederal standards for safety and construction if that person, in the exerciseof due care, has reason to know that the certification is false or misleadingin any material respect.

5. It is unlawful for a manufacturer to fail tofurnish notification of defects relating to construction or safety, as requiredby the National Manufactured Housing Construction and Safety Act of 1974 (42U.S.C. 5414).

6. It is unlawful for any person to fail or refuse topermit access by the Administrator to the documentary materials set forth in NRS 489.231.

7. It is unlawful for any person, withoutauthorization from the Division, to disclose or obtain the contents of anexamination given by the Division.

8. It is unlawful for any person to use a manufacturedhome or mobile home as living quarters or for human occupancy, respectively, ifthe manufactured home or mobile home violates a standard of safety set forth inregulations adopted pursuant to subsection 1 of NRS 489.251, concerning installation, tiedown, and support of manufactured homes and mobile homes.

(Added to NRS by 1979, 1207; A 1981, 1194; 1983, 796,797)

NRS 489.806 Bidding,contracting or otherwise acting in capacity of licensee without having license:Prohibition; prosecution; payment of costs and damages; violative bids andcontracts deemed void.

1. It is unlawful for any person or combination ofpersons to:

(a) Engage in the business or act in the capacity of alicensee within this State, including, without limitation, commencing any workfor which a license is required pursuant to this chapter; or

(b) Submit a bid or enter into a contract for a joblocated within this State for which a license is required pursuant to thischapter,

withouthaving a license issued pursuant to this chapter, unless that person orcombination of persons is exempt from licensure pursuant to this chapter.

2. The district attorneys in this State shallprosecute all violations of this section which occur in their respectivecounties, unless the violations are prosecuted by the Attorney General. Uponthe request of the Administrator, the Attorney General shall prosecute anyviolation of this section in lieu of prosecution by the district attorney.

3. In addition to any other remedy or penaltyauthorized pursuant to this chapter, any person or combination of personsconvicted of violating any provision of subsection 1 may be required to pay:

(a) Court costs and the costs of prosecution;

(b) Reasonable costs of the investigation of theviolation to the Division;

(c) Damages the person or combination of persons causedas a result of the violation up to the amount of any pecuniary gain from theviolation; or

(d) Any combination of paragraphs (a), (b) and (c).

4. If any person or combination of persons submits abid or enters into a contract in violation of subsection 1, the bid or contractshall be deemed void.

(Added to NRS by 2005, 1627)

NRS 489.811 Civilpenalties.

1. Except as otherwise provided in subsection 5, anyperson who violates any of the provisions of this chapter is liable to theState for a civil penalty of not more than $1,000 for each violation. Eachviolation of this chapter or any regulation or order issued under itconstitutes a separate violation with respect to each manufactured home, mobilehome or commercial coach and with respect to each failure or refusal to allowor perform an act required by this chapter or regulation or order, except thatthe maximum civil penalty is $1,000,000 for any related series of violationsoccurring within 1 year after the first violation.

2. Before the adoption of any regulation for whoseviolation a civil penalty may be imposed, the Administrator shall give at least30 days written notice to every licensed manufacturer, dealer, generalserviceman and specialty serviceman, and every other interested party who hasrequested the notice.

3. An action to enforce a civil penalty must bebrought in a court of competent jurisdiction in the county in which thedefendant has his principal place of business.

4. All money collected as civil penalties pursuant tothe provisions of this chapter must be deposited in the State General Fund.

5. This section does not apply to a manufacturer ordealer of travel trailers.

(Added to NRS by 1979, 1214; A 1983, 798; 2005, 1641)

NRS 489.814 Administrativefines for certain violations related to licensing.

1. If any person or combination of persons violatesthe provisions of NRS 489.311 orsubsection 1 of NRS 489.806, theAdministrator may impose an administrative fine of not less than $1,000 normore than $10,000 for each violation.

2. An administrative fine imposed pursuant to thissection is in addition to any other remedy or penalty authorized pursuant tothis chapter.

3. If the administrative fine is not paid when due,the fine must be recovered in a civil action brought by the Attorney General onbehalf of the Administrator.

(Added to NRS by 2005, 1628)

NRS 489.821 Falseentries; furnishing false information or document; violation of federal law;failure to maintain trust account; commingling; other violations.

1. A person is guilty of a gross misdemeanor whoknowingly:

(a) Makes any false entry on any certificate of originor certificate of ownership.

(b) Furnishes false information to the Divisionconcerning any security interest.

(c) Files with the Administrator any notice, statementor other document required under the provisions of this chapter which is falseor contains any material misstatement of fact.

(d) Whether acting individually or as a director,officer or agent of a corporation, violates a provision of the NationalManufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), causing a condition which endangers the health or safety of apurchaser of a manufactured home.

2. A dealer is guilty of a gross misdemeanor whoknowingly:

(a) Fails to maintain a trust account as required by NRS 489.724.

(b) Commingles the money or other property of a selleror purchaser of a manufactured home or a mobile home with his own.

3. Except as provided in subsections 1, 2 and 4 ofthis section, any person who knowingly or willfully violates any of theprovisions of this chapter is guilty of a misdemeanor.

4. Subsection 3 does not apply to a manufacturer oftravel trailers.

(Added to NRS by 1979, 1214; A 1981, 1195; 1983, 380,798)

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