Section 488.322 - Transfer of certificate of ownership of vessel that is subject of lien for storage1. In addition to any other applicable requirements relating to the transfer of a certificate of ownership of a vessel set forth in this chapter and chapter 488 of NRS, to transfer a certificate of ownership of a vessel that is the subject of a lien pursuant to NRS 108.473 to 108.4783, inclusive, relating to the storage of vessels, a transferee of a certificate of ownership of the vessel must provide: (a) Proof of any lien satisfied from known persons holding a security interest in the vessel, and evidence satisfactory to the Department of a valid release of all claims to the vessel from all owners and legal owners of the vessel in the form of a title to the vessel that has been signed over, a notarized affidavit that the title to the vessel was lost or a legal document which indicates that the lien has been discharged or released.(b) If a valid release of a lien is not available because of:(1) A failure to make a claim after lawful demand and notice or dissolution of a secured party: (I) A complete and notarized affidavit that states that all requirements contained in NRS 108.473 to 108.4783, inclusive, have been satisfied;(II) A description of the vessel that includes the identification number and hull number, if known;(III) Evidence, if any, of the status of all claims attached to the vessel; and(IV) A notarized copy of the affidavit of publication for the sale or auction of the vessel; or(2) A failure to notify all persons holding an interest in the vessel, a notarized affidavit stating that all reasonable attempts were made, including notification to the registered owner, legal owner and any other known person who may have an interest in the vessel and setting forth the reasons why those attempts were unsuccessful. For the purposes of this subparagraph, a "reasonable attempt" includes, without limitation, mailing a notice of sale to the main office of the successors to the business that originally held the lien and was subsequently relocated or reorganized, if known.(c) A copy of the notice of sale sent by certified mail, with return receipt requested, to the holders of the secured interest in the vessel and, if the notice of sale was: (1) Delivered, a copy of the notice of sale and certified return receipt.(2) Returned undelivered in the envelope, unopened if possible, with a copy of the notice of sale and documentation of attempted postal delivery.(d) Evidence of the affidavit of publication that the sale took place at least 22 days after the date of the first advertisement.(e) If the occupant of the storage unit is not the registered owner or legal owner of the vessel, evidence that separate notices were sent to the registered owner and the legal owner of the vessel and to the occupant of the storage unit.(f) A notarized affidavit attesting that a notice of auction was posted, including the dates when and locations where the notice was posted.(g) If required pursuant to NAC 488.320: (1) Proof of an inspection of the vessel conducted by an employee of the Department or a person designated by the Department when the vessel was transferred or sold; or(2) An opportunity for an employee of the Department or a person designated by the Department to inspect the vessel.2. As used in this section, "transferee" means the lien claimant or a new buyer of the vessel that is subject to NRS 108.473 to 108.4783, inclusive.Nev. Admin. Code § 488.322
Added to NAC by Bd. of Wildlife Comm'rs by R116-00, eff. 3-29-2001; A by R015-16A, eff. 9/9/2016