Nevada Administrative Code

NAC 319.948 Return of money to Division: Failure to use within 3 years. (NRS 319.140, 319.520) Except as otherwise provided in this section, if money awarded from the Account has not been expended in relation to the project within 3 years after its award to an applicant, it must …

NAC 319.950 Return of money to Division: Defunct projects; failure to benefit eligible families. (NRS 319.140, 319.520) If a project ceases to exist or ceases to be used to benefit eligible families, any money awarded to the project from the Account that has not been disbursed or…

NAC 319.951 Definitions. (NRS 319.140, 319.145) As used in NAC 319.951 to 319.998, inclusive, unless the context otherwise requires, the words and terms defined in NAC 319.953 to 319.965, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Housing Di…

NAC 319.953 “Applicant” defined. (NRS 319.140, 319.145) “Applicant” means any person who applies for tax credits pursuant to the provisions of NAC 319.951 to 319.998, inclusive. (Added to NAC by Housing Div. by R057-97, eff. 1-15-98; A by R115-14, 10-27-2015)

NAC 319.955 “Code” defined. (NRS 319.140, 319.145) “Code” means the Internal Revenue Code of 1986, as amended, including any regulations, circulars, letter rulings and policies adopted by the Internal Revenue Service pursuant to the Code. (Added to NAC by Housing Div. by R057-97,…

NAC 319.956 “Compliance period” defined. (NRS 319.140, 319.145) “Compliance period” means the period during which an applicant agrees to operate a project as a low-income housing project pursuant to a declaration of restrictive covenants and conditions. (Added to NAC by Housing D…

NAC 319.957 “Day” defined. (NRS 319.140, 319.145) “Day” means a calendar day. (Added to NAC by Housing Div. by R057-97, eff. 1-15-98)

NAC 319.958 “Declaration of restrictive covenants and conditions” defined. (NRS 319.140, 319.145) “Declaration of restrictive covenants and conditions” means an agreement between the Division and an applicant that sets forth the applicable restrictions concerning rent for a proje…

NAC 319.961 “Project sponsor” defined. (NRS 319.140, 319.145) “Project sponsor” includes an applicant who receives tax credits and any other person who acquires an ownership interest in a project for which tax credits are awarded by the Division. (Added to NAC by Housing Div. by …

NAC 319.962 “Qualified allocation plan” defined. (NRS 319.140, 319.145) “Qualified allocation plan” means the plan established by the Division for allocating tax credits each year. (Added to NAC by Housing Div. by R057-97, eff. 1-15-98; A by R115-14, 10-27-2015)

NAC 319.964 “State ceiling” defined. (NRS 319.140, 319.145) “State ceiling” means the per capita limit on the amount of tax credits awarded to this State for each year pursuant to the provisions of the Code. (Added to NAC by Housing Div. by R057-97, eff. 1-15-98)

NAC 319.965 “Tax credit” defined. (NRS 319.140, 319.145) “Tax credit” means a credit or reduction in federal tax liability each year for a period of 10 years that is awarded to an owner of rental housing or his or her assigns pursuant to section 42 of the Code. (Added to NAC by H…

NAC 319.967 Compliance with qualified allocation plan; action or statement by Division not implied or express representation or warranty of financial feasibility. (NRS 319.140, 319.145) 1. Each applicant and project sponsor shall comply with the provisions of the qualified alloca…

NAC 319.968 Recording of declaration of restrictive covenants and conditions. (NRS 319.140, 319.145) A declaration of restrictive covenants and conditions constitutes a covenant running with the land of a project for the compliance period and must be recorded by the applicant or …

NAC 319.970 Qualified allocation plan: Publication by Division; contents; application form. (NRS 319.140, 319.145) 1. Each calendar year constitutes a plan year for the purposes of the provisions of NAC 319.951 to 319.998, inclusive. The Division will publish a qualified allocati…

NAC 319.971 Qualified allocation plan: Public hearings before adoption; notice of hearing; adoption; training sessions; fees. (NRS 319.140, 319.145) 1. Before adopting a qualified allocation plan and preparing the application for tax credits, the Administrator will hold at least …

NAC 319.972 Amendment of qualified allocation plan; apportionment of tax credits. (NRS 319.140, 319.145) 1. Notwithstanding the adoption of a final qualified allocation plan pursuant to NAC 319.971, the Division will amend the qualified allocation plan as needed to conform to the…

NAC 319.974 Application: Requirements; grounds for rejection; review and retention of rejected applications; confidentiality. (NRS 319.140, 319.145) 1. An application for tax credits must: (a) Be completed by the applicant in accordance with the instructions for completing the ap…

NAC 319.975 Application: Review and determination of eligibility for reservation or award of tax credits; written notice to applicant; request for review of determination; restriction. (NRS 319.140, 319.145) 1. The Division will: (a) Review each application for tax credits and an…

NAC 319.977 Application: Proposed reservation of tax credits subject to change. (NRS 319.140, 319.145) An applicant that receives a notice from the Division pursuant to NAC 319.975 may not rely on a proposed reservation of tax credits specified in the notice as creating an obliga…

NAC 319.978 Final determination of reservation of tax credits; written notice to applicant; change in status of applicant; liability of Division. (NRS 319.140, 319.145) 1. Upon completion of the review of an application conducted pursuant to NAC 319.984, the Administrator will ma…

NAC 319.979 Submission of progress report by project sponsor. (NRS 319.140, 319.145) Each project sponsor shall submit a progress report to the Division every 90 days beginning on the date he or she is notified by the Division of a reservation of tax credits. The failure of a pro…

NAC 319.980 Carryover of reserved tax credits; written request; report of compliance with certain provisions of Code; limitation on carryover. (NRS 319.140, 319.145) 1. If a final award of tax credits is not made by the end of a calendar year, any reserved amount of those credits…

NAC 319.981 Closure of project after receiving reservation of tax credits; extension of time; termination of reservation; reapplication; fees. (NRS 319.140, 319.145) 1. Except as otherwise provided in this section, each project that receives a reservation of tax credits must be c…

NAC 319.983 Submission of final application for tax credits upon completion of project; determination of amount of award; additional statements and forms. (NRS 319.140, 319.145) 1. Upon the completion of a project, the project sponsor shall submit a final application for tax cred…

NAC 319.984 Administrative review of certain determinations and actions; written request for review; procedure for hearing; transcript of hearing; representation of parties; further proceedings and investigation; final decision; judicial review. (NRS 319.140, 319.145) 1. The foll…

NAC 319.985 Receipt of application, notice or other document; computation of time. (NRS 319.140, 319.145) Except as otherwise provided in NRS 238.100: 1. For the purposes of NAC 319.951 to 319.998, inclusive, an application, supporting document or any other document submitted pur…

NAC 319.995 Compliance with certain provisions during compliance period; preparation of compliance manual by Division; records and reports; annual certification; inspections; notification of noncompliance; fees. (NRS 319.140, 319.145) 1. Each project sponsor shall, for the compli…

NAC 319.996 Projects financed by tax-exempt bonds: Applicability of certain provisions; application for tax credits. (NRS 319.140, 319.145) 1. Except as otherwise provided in this section, tax credits awarded to a project that is financed by 50 percent or more of the proceeds of …

NAC 319.998 Fees. (NRS 319.140, 319.145) The Division will establish in the qualified allocation plan any fee required to be paid pursuant to NAC 319.951 to 319.998, inclusive. The fees established by the Division pursuant to this section are not refundable. (Added to NAC by Hous…

NAC 321.010 Definitions. (NRS 321.597) As used in this chapter, unless the context otherwise requires: 1. “Federal laws” means the statutes enumerated in subsection 2 of NRS 321.5973 and regulations adopted pursuant thereto. 2. “Person” means any natural person, partnership, asso…

NAC 321.020 Right-of-way or easement prior to July 1, 1979. (NRS 321.597) Any person who on July 1, 1979, possessed a right-of-way or an easement across public lands may continue to exercise that right without application or notice to the State Land Registrar. [Div. of St. Lands,…

NAC 321.030 Authorization required for certain acts. (NRS 321.597) 1. Any person who desires to perform one or more acts respecting the use, management or disposal of public lands must apply for authorization or approval to the State Land Registrar in writing and present written …

NAC 321.040 Authorization given without prejudice to Nevada. (NRS 321.597) Any written authorization given by the State Land Registrar pursuant to this chapter is without prejudice to or waiver of any claim of the State of Nevada for any money or other consideration received or g…

NAC 321.050 Recordation of mining claims. (NRS 321.597) 1. The recordation, pursuant to chapter 517 of NRS, of all documents related to mining claims on the public lands shall be deemed to fulfill the reporting requirements of subsection 1 of NAC 321.030 and subsection 1 of NAC 3…

NAC 321.060 Sale, use or disposal of public lands: Notification concerning money paid or received. (NRS 321.597) 1. If any money or other consideration is paid or given other than to the State of Nevada by any person in connection with any act respecting the use, management or di…

NAC 321.070 Clarification of or relief from regulations; response by State Land Registrar. (NRS 321.597) Any person desiring clarification of the provisions of this chapter or relief from the strict application thereof or otherwise dealing with the Division of State Lands of the …

NAC 321.100 Definitions. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) As used in NAC 321.100 to 321.230, inclusive, unless the context otherwise requires, the words and terms defined in NAC 321.120 to 321.160, inclusive, have the meanings …

NAC 321.120 “Board” defined. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) “Board” means the Board of County Commissioners of Clark County. (Added to NAC by Colorado River Comm’n, eff. 7-28-86)

NAC 321.130 “Commission” defined. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) “Commission” means the Colorado River Commission of Nevada. (Added to NAC by Colorado River Comm’n, eff. 7-28-86)

NAC 321.140 “Executive Director” defined. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) “Executive Director” means the Executive Director of the Commission. (Added to NAC by Colorado River Comm’n, eff. 7-28-86)

NAC 321.160 “Fort Mohave Valley” defined. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) “Fort Mohave Valley” means that land described in section 4 of chapter 427, Statutes of Nevada 2007, as amended by section 9 of chapter 369, Statutes of…

NAC 321.170 Development and disposal of lands; reservation of lands for recreational facilities. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) The Commission will, subject to the requirements of section 5 of chapter 427, Statutes of Nevada …

NAC 321.180 Executive Director to report certain proposals for development; availability of plan. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) 1. The Executive Director shall report to the Commission any written proposal for development in…

NAC 321.190 Approval of development; solicitation for proposals for development. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) 1. The Commission will not approve any development in or disposal of Fort Mohave Valley: (a) Until it has consult…

NAC 321.200 Publication and distribution of notice soliciting proposals for development. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) The Executive Director shall: 1. Publish a notice soliciting proposals as directed by the Commission in i…

NAC 321.210 Information required on application for proposals for development. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) The application for proposals must request the following information: 1. A statement describing the organization of…