Nevada § 465.110 - Disposition of evidence seized by agent of Nevada Gaming Control Board

§ 465.110. Disposition of evidence seized by agent of Nevada Gaming Control Board

1. After the final adjudication of a complaint involving a violation of this chapter

or chapters 462 to 464, inclusive, of NRS, or of any other complaint involving the

seizure of evidence by an agent of the Board, the court may enter an appropriate order

disposing of all physical evidence pertaining to the complaint, whether or not the

evidence was introduced as an exhibit. 2. Except as otherwise provided in subsection 3, evidence seized by an agent of the

Board which does not result in a complaint charging a violation of the law and evidence

for which an order of disposition is not entered pursuant to subsection 1, must be

disposed of as follows: (a) The Board shall notify by certified mail each potential claimant of the evidence

that the potential claimant has 30 days after receipt of the notice within which to

file a written claim with the Board for return of the evidence. (b) If more than one person files a claim for the evidence: (1) The claimants may agree among themselves as to how they wish to divide the evidence,

subject to the approval of the Board; (2) The claimants may agree to submit the matter to binding arbitration or any claimant

may institute legal proceedings to determine the proper disposition of the evidence;

or (3) The Board may file an action as an interpleader pursuant to N.R.C.P. 22 to determine the rightful claimant. The Board shall transfer the property to the claimants in accordance with any agreement

approved by the Board, final judgment or award made pursuant to the provisions of

this section. (c) A person who receives property from the Board pursuant to this section shall execute

such documents as are required by the Board to defend, hold harmless, indemnify and

release the Board from any liability arising from the delivery of the property to

the claimant. (d) If no claim is submitted, the Board shall deposit all money in the State Treasury

for credit to the State General Fund and may use all other property for any lawful

purpose. The Board may dispose of any property which cannot be used for any lawful purpose

in the manner provided in NRS 179.165 . 3. Evidence which constitutes a device for cheating may not be returned to a claimant

and must be retained by the Board. The Board shall periodically destroy such devices in the manner provided by regulations

adopted by the Commission.