Nev. Admin. Code § 455.445

Current through October 11, 2024

Section 455.445 - Reimbursement for costs of prosecution: Procedure; determination of reimbursable costs

1. If a civil penalty is assessed by the Commission and the complainant wishes to recover his or her costs pursuant to subsection 6 of NRS 455.170, within 5 working days after the service of the order of the Commission, the complainant must file with the Commission and serve upon the respondent a statement of costs:

(a) Detailing the costs incurred; and

(b) Verified under oath by the complainant that, to the best of the complainant's knowledge and belief:

(1) The statement is correct and complies with this section; and

(2) The costs incurred were related to prosecuting the complaint.

2. Within 5 working days after service of the statement of costs, the respondent may move that the Commission retax and settle the costs by filing with the Commission and serving upon the complainant a motion. After the hearing on the motion, the Commission will determine the reimbursable costs.

3. If the respondent does not file a motion pursuant to subsection 2, the Commission will determine the reimbursable costs without a hearing.

4. In determining the reimbursable costs, the Commission:

(a) Will consider the following:

(1) Fees for expert witnesses. Unless otherwise allowed by the Commission upon a showing of good cause, the reimbursable fee for an expert witness must not exceed $500 per expert witness. If the Commission determines that the complainant hired two or more expert witnesses that provided cumulative or duplicative testimony, the Commission may determine that a fee for only one expert witness is a reimbursable cost.

(2) Fees for necessary interpreters.

(3) Fees for photocopies.

(4) Fees for long distance telephone calls.

(5) Fee for postage.

(6) Fees for the services of a court reporter.

(7) Fees associated with the cost of filing the complaint with the Commission.

(8) Any other reasonable fee or cost associated with prosecuting the complaint.

(b) Will not consider:

(1) Attorney's fees or fees paid to any other representative of the party.

(2) Reimbursement of any costs for the staff.

5. The reimbursable costs must not exceed the amount of the civil penalty imposed by the Commission on the complaint.

Nev. Admin. Code § 455.445

Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013

NRS 455.170, 703.025, 704.260, 704.280