Nev. Admin. Code § 354.082

Current through June 11, 2024
Section 354.082 - Action on tentative draft of transfer plan; proposed transfer plan
1. Upon completing a tentative draft of a transfer plan, the lead entity shall:
(a) Provide the notice required by subsection 1 of NAC 354.078; and
(b) Provide a copy of the draft to the other affected entity and any interested persons identified by the lead entity.
2. The affected entity or any of the interested persons to whom a copy of the tentative draft is provided pursuant to subsection 1 may, within 45 days after the affected entity or interested person receives the copy of the draft, object to any of the provisions contained in the draft by providing to the lead entity a written statement of its objections. The statement may include any alternative provisions which the affected entity or interested person desires to be included in the proposed transfer plan. The failure of an affected entity or interested person to object to any of the provisions of a tentative draft of a transfer plan as provided in this subsection does not affect the right of the affected entity or interested person to object to any of the provisions of the transfer plan at any time before the approval of the transfer plan by both of the affected entities in accordance with subsection 3 of NAC 354.078.
3. If the lead entity:
(a) Does not receive any objections pursuant to subsection 2, the tentative draft constitutes a proposed transfer plan for the purposes of NAC 354.088.
(b) Receives any objections pursuant to subsection 2:
(1) The affected entities shall review the objections and may consider any alternative provisions contained in each written statement of objections and any other alternative provisions proposed by the affected entities. If the affected entities are unable to agree on the provisions of a proposed transfer plan within 30 days after the date the last written statement of objections is provided to the lead entity pursuant to subsection 2, the affected entities may submit to the Committee, jointly or individually, a written request for assistance from the Committee in resolving any disagreements concerning those provisions. Upon the receipt of such a request, the Chair of the Committee shall appoint a subcommittee of the Committee to provide the requested assistance. Not later than 15 days after the receipt of the request, the subcommittee shall meet with representatives of the affected entities and provide any recommendations regarding those provisions as the subcommittee determines to be appropriate. The affected entities are not required to follow any recommendations of the subcommittee.
(2) Upon the agreement of the affected entities to the provisions of a proposed transfer plan, the lead entity shall:
(I) Prepare the proposed transfer plan in accordance with that agreement; and
(II) Provide a copy of the proposed transfer plan to the other affected entity and to any interested persons identified by the lead entity.

Nev. Admin. Code § 354.082

Added to NAC by Com. on Local Gov't Finance by R012-10, eff. 6-30-2010

NRS 353.203, 354.5943