st earned on the money in the account must be credited to the account. The Division may expend the interest earned on the money in the account to increase public awareness of the account. Except as otherwise provided in subsection 3, the expenditures made by the Division for this purpose must not exceed $50,000 in any fiscal year. 3. The total expenditures made by the Division pursuant to this section must not exceed 10 percent of the account in any fiscal year. 4. Once an initial balance of $200,000 exists in the account, the Division shall maintain a minimum balance of $200,000 in the account. 5. The Division shall adopt such regulations as are necessary to carry out the provisions of NRS 598.305 to 598.395, inclusive, including, without limitation, regulations governing: (a) The disbursement of money from the account; and (b) The manner in which a complaint is filed with the Division or its designee pursuant to the provisions of NRS 598.373. (Added to NRS by 2003, 1823; A 2003, 2886) NRS 598.373 Recovery from Fund: Deadline for complaint; hearing; judgment of court; action by Division. 1. Except as otherwise provided in subsection 5, a consumer who is eligible for recovery from the account must file a complaint with the Division or its designee not later than 1 year after the scheduled date of completion of the travel purchased by the consumer. The consumer must file the complaint on a form established for this purpose by the Division. 2. If the Division receives a complaint pursuant to subsection 1, the Division or its designee shall hold a hearing on the complaint. The Division shall: (a) Affix the time and place for the hearing; and (b) Notify the interested parties, in writing, at least 10 days before the date affixed for the hearing, of the time and place of the hearing. 3. Any testimony taken at the hearing must be considered a part of the record of the hearing before the Division or its designee. 4. The hearing must be public if a request is made for a public hearing. 5. If a consumer has obtained a judgment in any court of competent jurisdiction for recovery of damages against a seller of travel, the consumer may file with the Division or its designee a complaint for recovery of the judgment from the account. The consumer must file the complaint not later than 2 years after the entry of the judgment. The consumer is eligible for recovery of the judgment from the account if: (a) The judgment is for actual damages suffered by the consumer as a result of: (1) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel; (2) The bankruptcy of the seller of travel; (3) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel; or (4) The violation by the seller of travel of any provision of NRS 598.305 to 598.395, inclusive; (b) The proceedings in connection with the judgment, including all appeals, have terminated; (c) The consumer files the complaint on a form established for this purpose by the Division; (d) The consumer submits proof satisfactory to the Division of the judgment; and (e) Upon obtaining payment from the account, the consumer assigns his rights to enforce the judgment to the Division. 6. If a consumer files a complaint pursuant to this section, the Division or its designee shall act upon the complaint not later than 60 days after the date on which the complaint is filed with the Division, unless the Division: (a) Determines that the complaint involves complex issues that may not reasonably be resolved within 60 days; and (b) Notifies the interested parties, in writing, that the time for acting on the complaint will be extended. If the Division provides such notice to the interested parties, the Division shall act upon the complaint not later than 180 days after the date on which the complaint is filed with the Division. (Added to NRS by 2003, 1820; A 2003, 2883) NRS 598.374 Recovery from Fund: Eligibility; limitations on payment; subrogation of claim. 1. Except as otherwise provided in subsection 2, a consumer is eligible for recovery from the account if: (a) The Division or its designee, after conducting a hearing on a complaint filed pursuant to the provisions of subsection 1 of NRS 598.373, finds that the consumer suffered actual damages as a result of: (1) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel; (2) The bankruptcy of the seller of travel; (3) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel; or (4) The violation by the seller of travel of any provision of NRS 598.305 to 598.395, inclusive; or (b) The consumer complies with the provisions of subsection 5 of NRS 598.373 for the recovery of a judgment from the account. 2. A consumer is not eligible for recovery from the account if: (a) The consumer is the spouse of the seller of travel or is a personal representative of the spouse of the seller of travel; (b) The consumer was associated in a business relationship with the seller of travel other than with regard to the travel services or vacation certificate at issue; (c) At the time the consumer paid money to the seller of travel for the purchase of the travel services or vacation certificate at issue, the seller of travel was not registered with the Division as required by NRS 598.365; or (d) The consumer is seeking recovery of losses which were incurred by the consumer as the result of a cancellation penalty that: (1) Was fully disclosed and agreed to by the consumer at the time the consumer entered into the contract for the purchase of the travel services or vacation certificate at issue; and (2) Was imposed against the consumer, in accordance with the terms of the contract, after the cancellation of the travel services or vacation certificate at issue. 3. If the Division or its designee finds that a consumer is eligible for recovery from the account pursuant to this section, the Division or its designee may pay out of the account: (a) If the complaint was filed pursuant to subsection 1 of NRS 598.373, the amount of actual damages suffered, but not to exceed $10,000; or (b) If the complaint was filed pursuant to subsection 5 of NRS 598.373, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $10,000. 4. If a consumer has recovered a portion of his losses from sources other than the account, the Division shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account. 5. To the extent that payments are made from the account to a consumer, the Division is subrogated to the rights of the consumer. The Division and the Attorney General shall promptly enforce all subrogation claims. 6. The amount of recovery from the account based upon claims made against any single seller of travel: (a) Must not exceed $200,000; and (b) For any single action of the seller of travel, must not exceed 20 percent of the balance of the account. (Added to NRS by 2003, 1821; A 2003, 2884) Security Deposited by Seller NRS 598.375 Security required for registration: Form; term; amount; records; rejection for nonconformance; change in form; inadequate amount; exception. 1. Except as otherwise provided in subsection 8, each seller of travel shall deposit with the Division: (a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state; (b) An irrevocable letter of credit for which th

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