NAC598.110. Informal resolution of complaint through memorandum of understanding.

     1. The Commissioner and a person alleged to have committed a deceptive trade practice may informally resolve any complaints involving the deceptive trade practice by entering into a memorandum of understanding.

     2. The memorandum of understanding must:

     (a) Be in a form approved by the Commissioner; and

     (b) Provide for payment of restitution by the person alleged to have committed a deceptive trade practice to each consumer aggrieved by that deceptive trade practice.

     3. The memorandum of understanding must not be used to assess penalties or the costs of investigating a complaint against the alleged violator.

     4. By executing a memorandum of understanding pursuant to this section, the Commissioner is not precluded from initiating civil proceedings or accepting an assurance of discontinuance from a person pursuant to NRS 598.0979 if the Commissioner determines that the alleged violator breached the terms of the memorandum of understanding or committed or attempted to commit a deceptive trade practice after the execution of the memorandum of understanding.

     5. Execution of a memorandum of understanding does not affect the right of a consumer to pursue a private remedy against a person alleged to have committed a deceptive trade practice.

     6. A memorandum of understanding is not an admission of a violation for any purpose.

     (Added to NAC by Comm’r of Consumer Affairs, eff. 10-20-92)