Nev. Admin. Code § 527.340 - Granting, denial, revocation or amendment by Division; request for reconsideration by applicant; decision of State Forester; notification; further reconsideration; final decision by Director
1. Within 30
days after receiving an application containing the information the Division
deems necessary to determine whether or not the issuance of a permit will be
consistent with the purposes of
NRS
527.260 to
527.300, inclusive, including,
without limitation, all additional or supplementary information requested by
the Division, the Division shall notify an applicant in writing that the
Division has:
(a) Granted the
permit;
(b) Granted the permit
subject to additional conditions, including, without limitation, establishing a
management area; or
(c) Denied the
permit.
2. The Division
shall include the reasons for the granting or denial of a permit in the written
notification to the applicant. If the Division grants a permit subject to
additional conditions, the additional conditions imposed on the permit must be
included in the written notification.
3. Except as otherwise provided in this
section, the revocation or amendment of a permit is solely within the
discretion of the Division.
4. An
applicant may request reconsideration from the State Forester of the denial or
granting of a permit by the Division under additional conditions by filing a
request within 30 days after receiving notification pursuant to subsection 1.
The request for reconsideration must state the objections of the applicant to
the decision of the Division and the reasons for such objections, and may
include supporting documentation.
5. The review of a request for
reconsideration by the State Forester must be limited to:
(a) The decision of the Division and reasons
of the Division making such a decision;
(b) The application for the permit, and any
additional or supplementary information provided by the applicant pursuant to
the request of the Division;
(c)
The written request of the applicant for reconsideration of the decision of the
Division;
(d) Documentation
provided by the applicant supporting the objections of the applicant, if
any;
(e) Comments of the Division
of Natural Heritage of the Department regarding the application, if
any;
(f) Comments from the public
regarding the application, if any; and
(g) All other information or material
submitted to the Division by the applicant or received by the Division during
the review of the application by the Division.
6. The State Forester will notify the
applicant in writing of his or her decision to uphold, deny or revise the
decision of the Division within 30 days after the State Forester receives the
request for reconsideration from the applicant.
7. The applicant may seek further
reconsideration of a denied application for a permit from the Director by
filing a written request within 15 days after the date of the decision of the
State Forester pursuant to subsection 6. A review of the written request for
further reconsideration by the Director must be limited to the material
reviewed by the State Forester. The Director shall notify the permittee in
writing of his or her decision to uphold, deny or revise the decision of the
State Forester within 30 days after the request for further reconsideration is
filed with the Director.
8. The
decision of the Director is final and not subject to judicial review.
Notes
NRS 527.050, 527.270
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