Nev. Admin. Code § 439A.505 - Withdrawal of letter of approval

1. Proceedings to withdraw a letter of approval may be initiated if the holder:

(a) Fails to meet the approved timetable set forth in the letter of approval or an extension thereof;

(b) Fails to comply with subsection 4 of NRS 439A.100 when a change requiring additional approval has occurred;

(c) Fails or prospectively fails to meet any condition imposed by the letter of approval;

(d) Fails to execute the project as approved in the letter of approval;

(e) Violates the provisions of NAC 439A.485 regarding a transfer of interest;

(f) Violates the provisions of NAC 439A.465 regarding reports on progress, submission of information or access for inspection and examination; or

(g) Substantially, willfully or intentionally fails to comply with any other material provision of NAC 439A.295 to 439A.675, inclusive, related to the letter of approval.

2. If the Director determines that he or she has sufficient cause to initiate a proceeding for the withdrawal of a letter of approval, the Director will notify by certified mail the holder of the letter of approval of his or her intention to initiate proceedings for withdrawal. The notice will state in writing the reasons for the proposed withdrawal.

3. The Department will schedule and give public notice of a public hearing for a withdrawal.

4. The letter of approval is suspended upon the holder's receipt of the notice of the public hearing for the withdrawal of the letter of approval. The suspension is effective until the proceeding for withdrawal is terminated or completed.

5. The holder of the letter of approval has 30 days from the date of receipt of the notification specified in subsection 2 in which to submit to the Director in writing any relevant documentation negating the reasons for the proposed withdrawal.

6. The Director will, within 15 days after the deadline for providing the information specified in subsection 2, determine whether the information provided by the holder of the letter of approval adequately negates the reasons for the proposed withdrawal.

7. If the Director determines that the holder of the letter has provided sufficient relevant information to negate the reasons for the proposed withdrawal, the Director will terminate the proceeding for withdrawal and inform the holder of the letter of approval of the decision by mail.

8. If the holder of a letter of approval fails to negate adequately the reasons for the proposed withdrawal, the Director will proceed with the public hearing for a withdrawal.

9. The decision of the Director will be made within 15 days after the close of the public hearing. A letter containing the decision and stating the reasons therefor, signed by the Director, will be issued to the holder of the letter of approval together with written findings of fact.

10. The Director will give public notice of the decision.

Notes

Nev. Admin. Code § 439A.505

Added to NAC by Dep't of Human Resources, eff. 9-4-84; A 3-6-86; 11-10-87; 1-2-90; 10-14-97

NRS 439A.081, 439A.100