NAC704.409. Deposit: Generally.

     1. A customer may be required to pay a deposit or the balance of a deposit if the customer has unsatisfactory credit or cannot establish credit in any other manner permitted by subsection 2 of NAC 704.4085 and:

     (a) He or she has not previously paid a deposit;

     (b) He or she has paid less than the full amount of the deposit otherwise required pursuant to subsection 4; or

     (c) His or her deposit has been returned in whole or in part, applied to his or her account, or treated as part of a new deposit.

     2. If a customer cannot establish credit in any other manner permitted by subsection 2 of NAC 704.4085 the utility may, for the purpose of determining the customer will be required to pay a deposit, consider:

     (a) Whether the customer has been continuously employed by the same employer for at least 1 year;

     (b) In the case of a customer who has recently been divorced or separated and is applying for service in his or her own name, the record of payment for any service previously furnished to his or her household; and

     (c) Any other factor set forth in the tariff of the utility.

     3. Any deposit paid by a customer must be paid in cash. Unless there is reason to believe that the customer has defrauded, is defrauding, or intends to defraud the utility, or other good cause exists, a deposit may be paid by mail.

     4. The amount of any deposit required or held by a utility may not exceed:

     (a) In the case of a customer with unsatisfactory credit for whom the utility can determine actual usage, twice the customer’s average monthly bill for service, including toll service;

     (b) In the case of an elderly customer who qualifies for assistance under the Link Up America program, except one to whom paragraph (a) applies, 50 percent of the amount established pursuant to paragraph (c); or

     (c) In any other case, $100 or an amount equal to twice the average estimated monthly bill for service, whichever is less.

     (Added to NAC by Pub. Service Comm’n, eff. 1-5-89)