1. After the final adjudication of a complaint involving a violation of this chapter or chapters 462 to 464, inclusive, of NRS, or of any other complaint involving the seizure of evidence by an agent of the Board, the court may enter an appropriate order disposing of all physical evidence pertaining to the complaint, whether or not the evidence was introduced as an exhibit.
2. Except as otherwise provided in subsection 3, evidence seized by an agent of the Board which does not result in a complaint charging a violation of the law and evidence for which an order of disposition is not entered pursuant to subsection 1, must be disposed of as follows:
(a) The Board shall notify by certified mail each potential claimant of the evidence that the potential claimant has 30 days after receipt of the notice within which to file a written claim with the Board for return of the evidence.
(b) If more than one person files a claim for the evidence:
(1) The claimants may agree among themselves as to how they wish to divide the evidence, subject to the approval of the Board;
(2) The claimants may agree to submit the matter to binding arbitration or any claimant may institute legal proceedings to determine the proper disposition of the evidence; or
(3) The Board may file an action as an interpleader pursuant to N.R.C.P. 22 to determine the rightful claimant.
The Board shall transfer the property to the claimants in accordance with any agreement approved by the Board, final judgment or award made pursuant to the provisions of this section.
(c) A person who receives property from the Board pursuant to this section shall execute such documents as are required by the Board to defend, hold harmless, indemnify and release the Board from any liability arising from the delivery of the property to the claimant.
(d) If no claim is submitted, the Board shall deposit all money in the State Treasury for credit to the State General Fund and may use all other property for any lawful purpose. The Board may dispose of any property which cannot be used for any lawful purpose in the manner provided in NRS 179.165.
3. Evidence which constitutes a device for cheating may not be returned to a claimant and must be retained by the Board. The Board shall periodically destroy such devices in the manner provided by regulations adopted by the Commission.
(Added to NRS by 1987, 414; A 1989, 972; 1991, 1080)
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