Nevada § 490.270 - Bonding requirements; remedies of injured person; judgment; prohibition upon issuance of license to certain persons not having established place of business in this State; exemptions

§ 490.270. Bonding requirements; remedies of injured person; judgment; prohibition upon issuance of license to certain persons not having established place of business in this State; exemptions

1. Except as otherwise provided in subsection 9 and NRS 490.280 , before any off-highway vehicle dealer, long-term or short-term lessor or manufacturer

is issued a license pursuant to this chapter, the Department shall require that the

applicant procure and file with the Department a good and sufficient bond with a corporate

surety thereon, duly licensed to do business within the State of Nevada, approved

as to form by the Attorney General and conditioned that the applicant or any employee

who acts on the applicant's behalf within the scope of his or her employment shall

conduct his or her business as an off-highway vehicle dealer, long-term or short-term

lessor or manufacturer without breaching a consumer contract or engaging in a deceptive

trade practice, fraud or fraudulent representation and without violation of the provisions

of this chapter. The bond must be in the amount of $50,000. 2. The Department may, pursuant to a written agreement with any off-highway vehicle

dealer, long-term or short-term lessor or manufacturer who has been licensed to do

business in this State for at least 5 years, allow a reduction in the amount of the

bond of the off-highway vehicle dealer, lessor or manufacturer if such business has

been conducted in a manner satisfactory to the Department for the preceding 5 years. No bond may be reduced to less than 50 percent of the bond required pursuant to

subsection 1. 3. The bond must be continuous in form, and the total aggregate liability on the bond

must be limited to the payment of the total amount of the bond. 4. The undertaking on the bond includes any breach of a consumer contract, deceptive

trade practice, fraud, fraudulent representation or violation of any of the provisions

of this chapter or chapter 41, 97, 104, 104A, 104B, 104C or 598 of NRS by the representative

or off-highway vehicle salesperson of any licensed off-highway vehicle dealer, long-term

or short-term lessor or manufacturer who acts on behalf of the off-highway vehicle

dealer, lessor or manufacturer and within the scope of the employment of the representative

or off-highway vehicle salesperson. 5. The bond must provide that any person injured by the action of the off-highway

vehicle dealer, long-term or short-term lessor, manufacturer, representative or off-highway

vehicle salesperson in violation of any provision of this chapter may apply to the

Director, for good cause shown, for compensation from the bond. The surety issuing the bond shall appoint the Commissioner of Insurance as its agent

to accept service of notice or process for the surety in any action upon the bond

brought in a court of competent jurisdiction or brought before the Director. 6. If a person is injured by the actions of an off-highway vehicle dealer, long-term

or short-term lessor, manufacturer, representative or off-highway vehicle salesperson,

the person may: (a) Bring and maintain an action in any court of competent jurisdiction. If the court enters: (1) A judgment on the merits against the off-highway vehicle dealer, lessor, manufacturer,

representative or off-highway vehicle salesperson, the judgment is binding on the

surety. (2) A judgment other than on the merits against the off-highway vehicle dealer, lessor,

manufacturer, representative or off-highway vehicle salesperson, including, without

limitation, a default judgment, the judgment is binding on the surety only if the

surety was given notice and an opportunity to defend at least 20 days before the date

on which the judgment was entered against the off-highway vehicle dealer, lessor,

manufacturer, representative or off-highway vehicle salesperson. (b) Apply to the Director, for good cause shown, for compensation from the bond. The Director may determine the amount of compensation and the person to whom it

is to be paid. The surety shall then make the payment. (c) Settle the matter with the off-highway vehicle dealer, lessor, manufacturer, representative

or off-highway vehicle salesperson. If such a settlement is made, the settlement must be reduced to writing, signed

by both parties and acknowledged before any person authorized to take acknowledgments

in this State and submitted to the Director with a request for compensation from the

bond. If the Director determines that the settlement was reached in good faith and there

is no evidence of collusion or fraud between the parties in reaching the settlement,

the surety shall make the payment to the injured person in the amount agreed upon

in the settlement. 7. Any judgment entered by a court against an off-highway vehicle dealer, long-term

or short-term lessor, manufacturer, representative or off-highway vehicle salesperson

may be executed through a writ of attachment, garnishment, execution or other legal

process, or the person in whose favor the judgment was entered may apply to the Director

for compensation from the bond of the off-highway vehicle dealer, lessor, manufacturer,

representative or off-highway vehicle salesperson. 8. The Department shall not issue a license pursuant to subsection 1 to an off-highway

vehicle dealer, long-term or short-term lessor or manufacturer who does not have and

maintain an established place of business in this State. 9. The provisions of this section do not apply to any off-highway vehicle dealer,

long-term or short-term lessor or manufacturer who has met the requirements of NRS 482.3333 , 482.345 or 482.346 with respect to: (a) A bond greater than or equal to the amount prescribed in subsection 1 if the undertaking

on the bond includes the activities described in subsection 4; or (b) A deposit greater than or equal to the amount of the bond that would otherwise

be required by subsection 1.