Subrogation: Liability for failure to comply with provisions.

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1. Except as otherwise provided in subsection 2, any person who fails to comply with the provisions of NRS 422.293 and 422.293001 is liable to the Department for:

(a) The total amount of the Department’s lien created pursuant to NRS 422.293; and

(b) Any attorney’s fees and litigation expenses incurred by the Department in enforcing the Department’s rights pursuant to NRS 422.293 and 422.293001.

2. A person other than the recipient is not liable to the Department if the court determines that the failure to provide notice was caused by excusable neglect.

(Added to NRS by 2007, 2390)


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