Nev. Admin. Code § 704.3936 - Postponement of termination when dangerous to health
1. If a utility or landlord intends to
terminate service to a customer because of nonpayment, the utility or landlord
shall postpone the termination for 30 days after the day on which it receives
both of the following:
(a) A statement from a
licensed physician, public health official or advanced practice registered
nurse certifying that any termination of service would be especially dangerous
to the health of the customer or another person who is a permanent resident of
the premises where service is being provided and would constitute an emergency
affecting the health of the person. The licensed physician, public health
official or advanced practice registered nurse may consider the feebleness,
advanced age, physical disability, mental incapacity, serious illness or other
infirmity of the person affected and may also consider the necessity of cooling
to maintain the health of the person affected, such as the necessity of cooling
provided by an evaporative cooler or similar device. Except as otherwise
provided in this paragraph, the statement must be in writing and include:
(1) The address where service is
provided;
(2) The name of the
person whose health would be especially endangered;
(3) A clear description of the nature of the
emergency; and
(4) The name, title
and signature of the licensed physician, public health official or advanced
practice registered nurse certifying the emergency.
The statement may be made by telephone if a written statement is sent for confirmation to the utility or landlord within 5 days after the oral statement is made.
(b) A statement signed by the customer:
(1) That he or she is unable to pay for
service in accordance with the requirements of the utility's or landlord's
billing; or
(2) That he or she is
able to pay for service only in installments. The utility or landlord shall
allow an installment plan of up to 60 days for the customer to pay the bills of
the customer. The installment plan must consist of three equal payments with
the first payment to be made when the customer presents the signed statement to
the utility or landlord.
2. The postponement may be extended for an
additional 30 days if the utility or landlord receives a renewed medical
certificate before the expiration of the original period of
postponement.
3. If a utility or
landlord again intends to terminate service after a customer has obtained a
postponement pursuant to subsection 1, the utility or landlord shall give
written notice of its intended action:
(a) To
the Division;
(b) To the customer;
and
(c) To each governmental agency
or other organization which has notified the utility or landlord that it will
help customers who are unable to pay their bills.
4. Before the period of postponement expires,
the customer must arrange with the utility or landlord to pay the bills of the
customer in accordance with its applicable rules.
Notes
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