NAC624.750. Claim: Form and contents; prerequisites to approval; changes in information; action by Executive Officer of Board; closing and reopening.

     1. A complaint seeking recovery must be filed on a form entitled “Residential Recovery Fund Claim” that will be provided by the Board. A complaint seeking recovery must include, without limitation:

     (a) The name, address and telephone number of the claimant filing the complaint seeking recovery;

     (b) The name, address, license number and telephone number, if known, of the accused residential contractor;

     (c) A description of:

          (1) The facts concerning the alleged failure by the accused residential contractor to perform qualified services adequately; and

          (2) The nature and extent of the claimed loss;

     (d) The date on which, or the period during which, the alleged loss occurred;

     (e) A copy of the original contract and all change orders, credits, refunds or discounts;

     (f) Copies of the front and back of all cancelled checks payable to the contractor, subcontractor or supplier that support the claim;

     (g) Proof of any cash payment that supports the claim and a signed receipt from the contractor, subcontractor or supplier, if applicable; and

     (h) A copy of a perfected lien, if applicable.

     2. The Board will not approve a complaint seeking recovery until 30 days after the date on which the civil judgment was issued by the court or the final decision and order was issued by the Board or its designee, as appropriate.

     3. If, after a complaint seeking recovery is filed, any information in the complaint changes, the claimant shall forthwith notify the Board of the change.

     4. The Executive Officer of the Board or his or her designee may request additional information or documentation to support the complaint.

     5. The Executive Officer of the Board will issue a subpoena pursuant to NRS 624.170, if appropriate, upon the request of a claimant to assist the claimant in obtaining appropriate documentation pursuant to this section.

     6. The Executive Officer of the Board or his or her designee may require a claimant to obtain and submit an itemized bid from a contractor licensed in this State for an estimate of the cost to complete a repair of the original work. The estimate must include only the cost of the repair or replacement of the original work and must not include any enhancement, improvement or upgraded service or material.

     7. A claim that includes:

     (a) A false or altered document;

     (b) A document, billing, receipt or estimate that is found to include an enhancement, improvement, upgraded service or material; or

     (c) Work or repair that is outside the scope of the original contract,

Ê will be automatically denied by the Executive Officer of the Board or his or her designee and will not be considered by the Board or a committee appointed pursuant to NAC 624.755.

     8. The Board will not approve a payment from the Residential Recovery Fund until the claimant has provided complete documentation of the claim, as determined by the Executive Officer of the Board or his or her designee.

     9. The Executive Officer of the Board or his or her designee will advise the claimant by certified mail that the requirements of subsection 4 of NRS 624.500 are being tolled pending receipt of additional documentation to support the claim if the claim cannot be investigated and processed within 6 months after receipt of the claim. The letter from the Executive Officer of the Board or his or her designee will include an identification of the specific documents that the Board is requesting and a period within which the documents must be produced.

     10. If, within 6 months after filing a claim or within the period specified pursuant to subsection 9, a claimant cannot provide adequate documentation to support the claim, the claim will be closed. A claim may be reopened upon receipt by the Board of all the documents the Executive Officer of the Board or his or her designee has requested from the claimant.

     (Added to NAC by Contractors’ Bd. by R068-01, eff. 11-8-2001; A by R201-03, 1-22-2004)