Nev. Admin. Code § 445B.3841 - Duties of Director in making determination to issue or deny; recording of issuance; appeal of denial
Current through October 13, 2021
NRS 445B.210, 445B.300
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NAC 445B.3841 Duties of Director in making determination to issue or deny; recording of issuance; appeal of denial. (NRS 445B.210, 445B.300)
1. Within 60 days after the date of receipt of an application for an emission reduction credit, the Director shall determine if the application is complete. If substantial additional information is required, the Director shall determine that the application is incomplete and return the application to the applicant. Unless the Director, within 60 days after the date of receipt of the application, determines that the application is incomplete, the official date of submittal of the application shall be deemed to be the date on which the Director determines that the application is complete or the 61st day after the date of receipt, whichever is earlier.
2. Within 120 days after an application is deemed complete, the Director shall make a determination to issue or deny the emission reduction credit based on the criteria described in NAC 445B.3831. If, after the official date of submittal, the Director discovers that additional information is required to act on an application, the Director may request additional information necessary to determine whether the emission reduction credit proposed in the application will comply with all the requirements set forth in NAC 445B.380 to 445B.390, inclusive. The applicant must provide in writing any additional information that the Director requests within the time specified in the request of the Director. Any delay in the submittal of the requested information will result in a corresponding delay in the action of the Director on the application.
3. If the Director issues an emission reduction credit, the Director shall record the issuance in the registry. The Director shall discount each emission reduction credit, including any emission reduction credit approved before October 27, 2015, by 10 percent before recording the emission reduction credit in the registry. The Director shall produce an emission reduction credit summary report and include the report as an attachment to the final determination on the issuance of the emission reduction credit.
4. If the Director denies an application in whole or in part or issues an emission reduction credit which differs from the emission reduction credit that was applied for, the applicant may, within 10 days after receipt of the decision of the Director, appeal in writing to the Commission for a hearing to review the decision of the Director. An appeal pursuant to this subsection is governed by the provisions of NAC 445B.890.
(Added to NAC by Environmental Comm’n by R054-15, eff. 10-27-2015)