NAC108.120. Lien sale of vehicle: Return and resubmission of incomplete or inaccurate document; extension of time to submit or resubmit documents, fees or taxes.

     1. The Department will return to a lien claimant any document submitted by the lien claimant pursuant to NAC 108.110 that is incomplete or contains inaccurate information. The lien claimant may resubmit any document that has been returned to him or her if the lien claimant resubmits the document within 30 days after the date on which the Department returned the document. A lien claimant who fails to resubmit a document that has been returned within the 30-day period shall be deemed to be in violation of this section, unless the lien claimant requests an extension of time pursuant to this section.

     2. A lien claimant who wishes to obtain an extension of time to submit or resubmit any documents, fees or taxes required pursuant to this section must submit a request for an extension of time to the Department before the expiration of the period for submitting or resubmitting the documents, fees or taxes.

     3. A request for an extension of time must be submitted on a form prescribed by the Department and must include, without limitation:

     (a) The name under which the lien claimant does business at the location where the sale or lease of the vehicle occurred;

     (b) The mailing address of the location described in paragraph (a);

     (c) A description of the vehicle, including, without limitation, the year, make and vehicle identification number of the vehicle;

     (d) A copy of the lien sale affidavit and a copy of the lien sale registration certificate; and

     (e) An explanation of why the extension is necessary.

     4. The request for an extension of time must be submitted in person or sent by mail to any branch office of the Department that issues licenses for occupations and businesses regulated by the Department. A request that is mailed shall be deemed to be submitted on the date of the postmark that appears on the envelope in which the request was mailed, if the envelope is properly addressed to an office of the Department.

     5. The Department may grant an extension of time to submit or resubmit any documents, fees or taxes for a period of not more than 90 days from the date the application for an extension of time is approved.

     6. A lien claimant may submit more than one request for an extension of time to submit or resubmit the same documents, fees or taxes. Except as otherwise provided in subsection 7, the Department will approve a second or subsequent request for an extension of time if the Department determines that the request is justified.

     7. If a lien claimant submits three or more requests for an extension of time to submit or resubmit the same documents, fees or taxes, the Department will forward the third or any subsequent request to the Division of Compliance Enforcement of the Department for review. The Department will not approve the third or subsequent request unless the Division of Compliance Enforcement first approves the request.

     8. The Department will deny a request for an extension of time to submit or resubmit any documents, fees or taxes if:

     (a) For an initial request, the lien claimant submits the request to the Department after the expiration of the initial 30-day period for submitting any required documents, fees or taxes, unless the request is made after the Department has returned a document to the lien claimant pursuant to subsection 1;

     (b) For the second or a subsequent request, the lien claimant submits the request to the Department after the expiration of the extension period granted by the Department;

     (c) The request is incomplete or contains inaccurate information; or

     (d) The request is not submitted on a form prescribed by the Department.

     9. If the Department denies a request for an extension of time due to incompleteness or inaccuracy, the Department will return the request to the lien claimant. A lien claimant who wishes to resubmit a request for an extension of time that has been denied due to incompleteness or inaccuracy must do so before the expiration of the period for submitting or resubmitting any documents, fees or taxes.

     (Added to NAC by Dep’t of Motor Veh. by R116-05, eff. 12-29-2005)