Sandoval, Hay feud over advocate’s term

Wednesday, June 30, 2004 | 9:36 a.m.

CARSON CITY -- The feud between Attorney General Brian Sandoval and state Consumer Affairs Chief Tim Hay was rekindled Tuesday with a disagreement over when Hay's term ends.

The two have sparred since Sandoval, a Republican, was elected in 2002. Hay was appointed twice by the previous attorney general, Frankie Sue Del Papa, a Democrat.

Hay, who oversees a division of the attorney general's office, has the protection of being in an appointive position, and his four-year term ends some time in the next year, although the two men have differing opinions about when.

Sandoval says Dec. 30. Hay says June 15, 2005.

Their disagreement came out of an examination of the Hay's office, the Bureau of Consumer Protection, by the state Division of Internal Audits.

One recommendation in the audit was that Hay move his offices for his 28 to 30 staffers from leased private office space in the east part of Carson City to the central part of the city, where Sandoval has space in a newly remodeled state building.

Sandoval previously tried to get Hay to move but Hay maintains he has the authority to decide where his headquarters are.

After the audit was presented to the executive branch audit committee headed by Gov. Kenny Guinn, Hay told reporters he would not move, at least until his term expires.

His present offices are in the same building as the state Public Utilities Commission. He says a main function of his office is to fight utility rate increases and his present location gives him quick access to PUC files.

While Sandoval said he has not made a decision whether to reappoint Hay to another four-year term, it was clear that the two don't see eye-to-eye on when Hay's term is up, much less how the agency should be run.

Sandoval said Hay told the auditors he would move when his cases are completed at the PUC and, "hopefully that will be at the end of the year."

The audit said the consumer division, supported by fees imposed on utilities, could save $10,000 a year in rent by moving downtown into the state building. The division would be paying $50,000 to the state instead of private industry for the space.

Hay said the basement of that state building was flooded earlier this year. He added that Sandoval sits on the executive committee that oversees the Division of Internal Audits. This audit of his office, Hay said, is "not exactly neutral."

Hay said he doesn't agree with the recommendation of the audit that would move the deceptive trade practices unit out of his office and over to the criminal justice division in the attorney general's office. He said the Legislature will have to make that decision.

The audit, presented by William Chisel who heads the internal audit division, recommended the attorney general ask the 2005 Legislature to increase civil penalties for deceptive trade practices involving mortgage frauds.