Section 116.520 - Subsidization of proceedings for mediation1. The Division may subsidize proceedings for mediation conducted pursuant to NRS 38.300 to 38.360, inclusive, to the extent that funds are available in the Account for Common-Interest Communities and Condominium Hotels in the State General Fund for that purpose.2. A party who wishes to have a proceeding for mediation subsidized must: (a) Submit an application to the Division on a form prescribed by the Division;(b) File a claim for mediation within 1 year after the date of discovery of the alleged violation; and(c) If the applicant is an association, be registered and in good standing with:(1) The Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels; and(2) The Secretary of State, if the association is required to register with the Secretary of State pursuant to title 7 of NRS.3. A unit's owner is eligible to have one proceeding for mediation subsidized per fiscal year for each unit that he or she owns.4. An association is eligible to have one proceeding for mediation subsidized per fiscal year against the same unit's owner for each unit that he or she owns.5. The funds used to subsidize a proceeding for mediation pursuant to this section must not: (a) Be applied to the fee required when filing a written claim pursuant to NRS 38.320 or any attorneys' costs or fees associated with the claim; and(b) Exceed $500 or $250 for each party who is eligible to have the proceeding for mediation subsidized pursuant to this section, whichever is less.6. The Division shall provide notice to the mediator that a proceeding for mediation may be subsidized by forwarding to the mediator a copy of the application received pursuant to subsection 2.7. If an application for subsidy is approved by the Division, the mediator shall, within 10 business days after the issuance of the mediator's statement concerning whether the mediation was successful or unsuccessful in resolving the dispute, submit to the Division: (a) On a form prescribed by the Division, a request for payment of the cost of mediation; and(b) A copy of the mediator's statement concerning whether the mediation was successful or unsuccessful in resolving the dispute.8. The Division shall pay the cost of mediation pursuant to this section in accordance with the Division's procedures after the Division receives a copy of the mediator's statement concerning whether the mediation was successful or unsuccessful in resolving the dispute.9. A party to a mediation is not eligible to receive a subsidy pursuant to this section if the party was a party to a claim in which the same or substantially similar issues were heard by the referee program established by the Division pursuant to NRS 38.325.Nev. Admin. Code § 116.520
Added to NAC by Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm'n for Common-Interest Communities & Condo. Hotels by R125-12, 10/24/2014