NAC590.765. Operator to notify Division of civil action for damages; submission of order of judgment or settlement agreement required for payment from Fund.

     1. An operator shall notify the Division of a civil action brought against him or her by another person for damages alleged to have been caused by a discharge from the storage tank of the operator. The notice must be in writing and submitted to the Division within 60 days after the date the operator is properly served with the summons and a copy of the complaint that commenced the civil action.

     2. The Board may:

     (a) Consider failure to notify the Division pursuant to the provisions of subsection 1 as a basis for denial of payment from the Fund.

     (b) Excuse a failure to provide notice pursuant to the provisions of subsection 1 upon demonstration of good cause for the failure to comply.

     3. An operator who is required to provide notice pursuant to the provisions of subsection 1 and who seeks payment from the Fund for liability for damages must submit, as a supporting document:

     (a) A copy of a final judgment which has been entered with a court and which orders the operator to pay damages; or

     (b) If the operator and the other party to the civil action settled the claim, a copy of the settlement agreement.

Ê The Board will not authorize payment from the Fund unless it has received the order of judgment or it has received the settlement agreement and has approved the terms of such agreement.

     (Added to NAC by Bd. to Review Claims by R001-99, eff. 11-19-99)