1. In cases where a return to a depositor or his or her personal representative is authorized and warranted under NRS 485.280 but the address or present whereabouts of the depositor is unknown and cannot be readily ascertained by the Department, the security deposited may, 90 days after its return would be authorized by NRS 485.280, be transferred from the custody of the State Treasurer to the State Highway Fund for the general use of the Department of Transportation upon the written and certified request of the Department.

2. The request made by the Department must state the names of the parties, the dates and a concise statement of the facts involved and must be forwarded in duplicate to the State Controller and the State Treasurer.

3. The State Controller and the State Treasurer are directed to transfer the amounts of security deposits from the custody of the State Treasurer to the State Highway Fund to effectuate the purposes of this section upon being satisfied that the provisions of this chapter have been complied with.

4. If the depositor of the security or his or her rightful heirs or legatees, within 5 years after the transfer of the deposit to the State Highway Fund, present a verified claim to the Department and make proof of the validity of the claim, the Department, if it is satisfied as to the validity of the claim, may determine the amount thereby found to be due and certify it to the State Controller who shall draw a warrant therefor on the State Treasurer, who shall pay the warrant out of the State Highway Fund.

5. If the Department denies the validity of the claim, the claimant, upon notice to the Attorney General, has a right to appeal to the First Judicial District Court of the State of Nevada, in and for Carson City, and present proof of the validity of the claim. If, after hearing, the court is satisfied the claimant is rightfully entitled to the deposit, the court shall enter a decree that the money be paid to the claimant. The decree must be certified to the State Board of Examiners, stating the amount thereby found to be due, and the State Board of Examiners shall allow the amount and certify it to the State Controller who shall draw a warrant therefor on the State Treasurer, who shall pay the warrant out of the State Highway Fund.

6. The amounts in the custody of the State Treasurer on March 19, 1955, falling under the provisions of this section, may be transferred to the State Highway Fund, after the expiration of 90 days from March 19, 1955, in accordance with the provisions of this section.

[Part 9:127:1949; A 1955, 192] — (NRS A 1961, 143; 1971, 231; 1979, 1815; 1999, 3583)