Nev. Admin. Code § 561.120 - Action to enforce debt precluded during mediation; excusing and concluding mediation

1. A creditor who agrees to the mediation of an agricultural debt may not file an action to enforce the agricultural debt until the creditor receives notice in writing from the Department that the mediation is excused or concluded.

2. The mediator or Department may excuse a creditor from mediation:

(a) If there is an immediate danger that the property which secures the agricultural debt may be harmed or dissipated;

(b) If the borrower notifies the Department that the borrower does not intend to mediate his or her agricultural debt;

(c) If there is a proceeding brought by or against the borrower as a result of his or her bankruptcy or insolvency; or

(d) For good cause.

3. The mediator or Department may conclude the mediation if the creditor or borrower fails to:

(a) Make a good faith effort to resolve the agricultural debt;

(b) Notify the Department in writing of his or her intent to attend the mediation within 21 days after receiving the notice of the time and place of the mediation from the Director;

(c) Provide information or documentation requested by the Department or mediator; or

(d) Attend the mediation.

4. The Department will notify a creditor and borrower in writing when mediation is excused or concluded.

Notes

Nev. Admin. Code § 561.120

Added to NAC by Dep't of Agriculture, eff. 10-30-90

NRS 561.247