reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.989 - Disciplinary action: Grounds; imposition of sanctions

Current
				  through June 11, 2024
In addition to the provisions
				  set forth in
				  NRS
				  459.7058, the Division may deny, refuse to
				  renew or suspend a uniform permit if, in connection with the transportation of
				  hazardous materials, the applicant or holder:
1. Violates any out-of-service regulation of
				  the United States Department of Transportation, compliance with which is his or
				  her responsibility;
2. Violates any
				  provision of
				  NRS 459.700 to
				  459.780,
				  inclusive, or NAC 459.975 to 459.991, inclusive;
3. Knowingly provides false or misleading
				  information in his or her application for a uniform permit;
4. Knowingly uses a forged uniform permit or
				  a uniform permit which has been altered;
5. Except as otherwise provided by NAC
				  459.980, allows the uniform permit to be used by a person who is not his or her
				  agent or employee;
6. Is found to
				  be an unsatisfactory carrier as the result of a safety review or safety
				  management audit conducted by the United States Department of Transportation,
				  Federal Motor Carrier Safety Administration or by the Department of Public
				  Safety;
7. Fails to submit a
				  renewal application and the appropriate fees as required by NAC
				  459.9805;
8. Fails to comply with
				  any applicable requirement of or any order issued pursuant to:
(a) The Federal Motor Carrier Safety
				  Regulations of the United States Department of Transportation;
(b) The Hazardous Materials Regulations set
				  forth in 49 C.F.R. Parts 171 to 180, inclusive; or
(c) Any statute or regulation of this State
				  governing the transportation of hazardous materials, in a manner showing that
				  the motor carrier is not fit to transport hazardous materials; or
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.990 - Disciplinary action: Notice of intended action; request for hearing; time and place of hearing

Current through June 11,
				  2024
1. Not less than 15
				  days before it denies, refuses to renew, or suspends a uniform permit pursuant
				  to NAC 459.989, the Division will give notice of its intended action to the
				  applicant or holder by certified mail sent to his or her principal place of
				  business.
2. Any holder or
				  applicant who receives a notice pursuant to subsection 1 and who is aggrieved
				  by the intended action of the Division may make a written request for a hearing
				  on the matter before the Director or his or her designee. Any such request must
				  be made by certified mail and must be postmarked not later than 10 days after
				  the date the holder or applicant receives the notice mailed pursuant to
				  subsection 1.
3. If a request for a
				  hearing is made pursuant to subsection 2, the Division will schedule the
				  hearing for a date not later than 30 days after the date it receives the
				  request. Any hearing held pursuant to this section must be held in Carson
				  City.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, 9-30-88, eff. 1-1-89; A 9-13-94, eff. 6-30-95; 1-4-96;
				  A by Dep't of Pub. Safety by R168-03, 12-16-2003
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS › Section 459.991 - Disciplinary action: Reinstatement of uniform permit

Current
				  through June 11, 2024
1.
				  The Division may reinstate a uniform permit which has previously been suspended
				  pursuant to NAC 459.989 if the holder corrects the violation and otherwise
				  complies with the provisions of
				  NRS 459.700 to
				  459.780,
				  inclusive, and NAC 459.975 to 459.991, inclusive.
2. In such a case, upon the request of the
				  holder, the Division will give written notice to the holder by certified mail
				  of the conditions of reinstatement and any deadline for compliance with those
				  conditions.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, 9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94,
				  eff. 6-30-95; 1-4-96; A by Dep't of Pub. Safety by R168-03,
				  12-16-2003
NRS
				  459.721,
				  459.725
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › General Provisions › Section 459.9912 - Definitions

Current through June 11, 2024
As used in
				  NAC 459.9912 to 459.99189, inclusive, unless the context otherwise requires,
				  the words and terms defined in NAC 459.99121 to 459.99128, inclusive, have the
				  meanings ascribed to them in those sections.
Added to NAC by St. Emergency
				  Response Comm'n by R034-00, eff. 6-20-2000; A by R133-03, 3-26-2004; R177-05,
				  6-1-2006
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › General Provisions › Section 459.99121 - "Bylaws Committee" defined

Current through June 11,
				  2024
"Bylaws Committee" means the committee
				  established by the Commission to review annually the bylaws of the Commission
				  and the bylaws and membership list of a local emergency planning
				  committee.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by
				  R059-22A,
				  eff. 12/29/2022
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › General Provisions › Section 459.99122 - "Commission" defined

Current through June 11,
				  2024
"Commission" means the State Emergency Response
				  Commission.
Added to NAC by St. Emergency
				  Response Comm'n by R034-00, eff. 6-20-2000-Substituted in revision for NAC
				  459.9913
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › General Provisions › Section 459.99123 - "Emergency plan" defined

Current through June 11,
				  2024
"Emergency plan" means a plan established by a
				  local emergency planning committee pursuant to NAC
				  459.99133 to respond to an
				  emergency caused by the release of a hazardous material.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by
				  R059-22A,
				  eff. 12/29/2022
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › General Provisions › Section 459.99124 - "Extremely hazardous material" defined

Current through June 11,
				  2024
"Extremely hazardous material" has the meaning
				  ascribed to it in
				  NRS
				  459.7022.
Added to NAC by St. Emergency
				  Response Comm'n by R034-00, eff. 6-20-2000-Substituted in revision for NAC
				  459.9914
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › General Provisions › Section 459.99125 - "Facility" defined

Current through June 11,
				  2024
"Facility" includes any group of activities
				  which are involved in the storage, use or manufacture of extremely hazardous
				  materials, are located on one or more contiguous properties and are owned,
				  operated or controlled by the same person.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › General Provisions › Section 459.99126 - "Funding Committee" defined

Current through June 11,
				  2024
"Funding Committee" means the committee
				  established by the Commission to assist the Commission in matters concerning
				  funding.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › General Provisions › Section 459.991265 - "Local emergency planning committee" defined

Current through
				  June 11, 2024
"Local emergency planning committee"
				  means the committee appointed by the Commission pursuant to
				  42
				  U.S.C. §
										11001.
Added to NAC by St. Emergency
				  Response Comm'n by R177-05, eff. 6-1-2006
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › General Provisions › Section 459.99127 - "Person" defined

Current through June 11,
				  2024
"Person" includes any agency or political
				  subdivision of this State.
Added to NAC by St. Emergency
				  Response Comm'n, eff. 8-25-92; A by R034-00, 6-20-2000-Substituted in revision
				  for NAC 459.9915
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › General Provisions › Section 459.99128 - "Planning and Training Subcommittee" defined

Current through
				  June 11, 2024
"Planning and Training Subcommittee"
				  means the subcommittee appointed by the Funding Committee to assist the
				  Committee in matters concerning planning and training for emergency
				  response.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Emergency Planning › Section 459.99131 - Powers and duties of Commission

Current through June 11,
				  2024
In accordance with the requirements of
				  42 U.S.C. §§
										11001 et seq., the Commission will:
1. Designate emergency planning districts in
				  this State to facilitate the preparation and implementation of emergency plans.
				  The Commission may revise the designation of an emergency planning district at
				  its discretion.
2. Designate the
				  facilities that are within the jurisdiction of each emergency planning
				  district.
3. Within 30 days after
				  the designation of an emergency planning district, establish a local emergency
				  planning committee for the emergency planning district and appoint the members
				  to serve on the local emergency planning committee. The Commission may, at its
				  discretion, revise the appointment of any member to a local emergency planning
				  committee. An interested person may petition the Commission for a modification
				  of the membership of a local emergency planning committee.
4. Supervise and coordinate the activities of
				  each local emergency planning committee.
5. Through the Planning and Training
				  Subcommittee, annually review the emergency plan of each local emergency
				  planning committee and approve the emergency plan if it complies with the
				  guidelines for emergency plans published by the National Response Team
				  established pursuant to the National Contingency Plan set forth in
				  42 U.S.C. §
										9605. The Commission may make recommendations
				  to a local emergency planning committee for revisions of the emergency plan to
				  ensure coordination of the emergency plan with the emergency plan established
				  by any other local emergency planning committee.
6. Through the Bylaws Committee, annually
				  review the bylaws of each local emergency planning committee to ensure
				  compliance with federal and state laws and regulations and any other
				  requirements set forth by the Commission.
7. Through the Bylaws Committee, annually
				  review the bylaws of the Commission.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by
				  R059-22A,
				  eff. 12/29/2022
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Emergency Planning › Section 459.99132 - Local emergency planning committees: Administrative duties

Current through June 11, 2024
Each local
				  emergency planning committee shall:
1.
				  Appoint a chair;
2. Adopt rules for
				  the performance of its duties and functions;
3. Annually submit to the Commission a copy
				  of its bylaws and a list of the members of the local emergency planning
				  committee;
4. Hold quarterly
				  meetings;
5. Submit to the
				  Commission a copy of the agenda and minutes of every meeting at the same time
				  that the agenda and minutes are each made available to the public;
6. Annually publish a notice in local
				  newspapers that the emergency response plan, material safety data sheets,
				  inventory forms and any follow-up notices are available for public review
				  pursuant to 42 U.S.C. §
										11044;
7. Submit to the Commission an affidavit of
				  publication stating that the local emergency planning committee has complied
				  with the requirement of subsection 6; and
8. Submit to the Commission a Compliance
				  Certification Form indicating that the local emergency planning committee has
				  complied with administrative requirements.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R177-05, 6-1-2006; A by
				  R059-22A,
				  eff. 12/29/2022
NRS
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Emergency Planning › Section 459.99133 - Emergency plans: Establishment, review and approval; correction of deficiencies; failure to comply

Current through June 11,
				  2024
1. Each local
				  emergency planning committee shall:
(a) In
				  compliance with the guidelines for emergency plans published by the National
				  Response Team established pursuant to the National Contingency Plan set forth
				  in 42 U.S.C. §
											9605, establish an emergency plan;
(b) Annually review the emergency plan;
				  and
(c) On or before January 31 of
				  each year, submit to the Commission the emergency plan for the Planning and
				  Training Subcommittee to review and approve.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Emergency Planning › Section 459.99134 - Emergency plans: Implementation; report; failure to comply

Current through June 11, 2024
1. Each local emergency planning committee
				  shall:
(a) Annually implement the emergency
				  plan required pursuant to NAC 459.99133 by exercise, drill or response to a
				  real event; and
(b) Submit to the
				  Commission a report of the exercise, drill or response to a real
				  event.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99135 - Authority of Commission: Grants of money from Contingency Account for Hazardous Materials

Current through June 11,
				  2024
Pursuant to
				  NRS 459.742
				  and in accordance with the provisions set forth in NAC 459.99138 to 459.99146,
				  inclusive, the Commission may:
1. Use
				  the fees collected by the Commission pursuant to NAC 459.9918 to 459.991825,
				  inclusive, and deposited in the Contingency Account for Hazardous Materials to
				  issue grants to local emergency planning committees for the operating,
				  planning, training and equipment needs of the local emergency planning
				  committees to carry out the emergency plans of the local emergency planning
				  committees;
2. Use the fees
				  collected pursuant to subsection 4 of
				  NRS
				  482.379365 and deposited in the Contingency
				  Account for Hazardous Materials to issue grants to local emergency planning
				  committees for the planning, training, supply and equipment needs of the local
				  emergency planning committees to support preparedness to combat terrorism;
				  and
3. Use any money awarded to the
				  Commission by the Federal Government pursuant to
				  42 U.S.C. §
										11005 and deposited in the Contingency
				  Account for Hazardous Materials to issue grants to local emergency planning
				  committees for the planning and training needs of the local emergency planning
				  committees to carry out the emergency plans of the local emergency planning
				  committees.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08,
				  12-17-2008
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99136 - Requests for funding: Submission; approval of amount; scope

Current
				  through June 11, 2024
1.
				  A local emergency planning committee or an authorized representative acting on
				  behalf of a local emergency planning committee may submit an application for a
				  grant pursuant to the provisions of NAC 459.99138 to 459.99146, inclusive. The
				  Commission may approve the application for the grant but will not provide
				  funding for the grant unless the local emergency planning committee has met and
				  approved the amount of funding requested in the application.
2. In submitting an application for a grant
				  pursuant to NAC 459.99138 to 459.99146, inclusive, a local emergency planning
				  committee may request funding to provide planning, training and equipment to
				  certain persons and entities, including, without limitation:
(a) State and local entities;
(b) Private companies;
(c) Nonprofit corporations;
(d) Public utilities owned and operated by
				  political subdivisions of the State; and
(e) General improvement districts involved in
				  preventing and responding to incidents involving hazardous materials or
				  mitigating such incidents.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99137 - Dissemination of application forms for grants

Current through June
				  11, 2024
The Commission will send application forms
				  for grants to each local emergency planning committee not later than 6 weeks
				  before the deadline for submission of an application for a grant to the
				  Commission by the local emergency planning committees.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99138 - Provision of money from proceeds of certain fees to pay for operating costs

Current through June 11, 2024
If a local
				  emergency planning committee is in compliance with all applicable provisions of
				  the Nevada Revised Statutes and the Nevada Administrative Code relating to
				  local emergency planning committees and the official policies of the
				  Commission, the Commission may provide a portion of the money from fees
				  collected by the Commission pursuant to NAC 459.9918 to 459.991825, inclusive,
				  to the local emergency planning committee for reasonable and appropriate
				  operating costs of the local emergency planning committee, as determined by the
				  Commission, including, without limitation, office supplies, overhead expenses
				  and costs related to meetings of the local emergency planning committee.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08,
				  12-17-2008
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99139 - Requests for money from proceeds of certain fees to pay for planning

Current through June 11, 2024
A local
				  emergency planning committee may, in its application for a grant from the
				  Commission, request grant money from the fees collected by the Commission
				  pursuant to NAC 459.9918 to 459.991825, inclusive, for planning that is
				  necessary to carry out the emergency plan of the local emergency planning
				  committee or pursuant to subsection 4 of
				  NRS
				  482.379365 for planning to support
				  preparedness to combat terrorism.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08,
				  12-17-2008
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99141 - Requests for money from proceeds of certain fees to pay for training

Current through June 11, 2024
1. Except as otherwise provided in subsection
				  2, a local emergency planning committee may, in its application for a grant
				  from the Commission, request grant money from the fees collected by the
				  Commission pursuant to NAC
				  459.9918 to
				  459.991825, inclusive, for
				  training that is necessary to carry out the emergency plan of the local
				  emergency planning committee or pursuant to subsection 4 of
				  NRS
				  482.379365 for training to support
				  preparedness to combat terrorism.
2. Except for grant money to attend a
				  training conference, a local emergency planning committee may not request grant
				  money from the Commission pursuant to subsection 1:
(a) To pay for training that is necessary to
				  carry out the emergency plan of the local emergency planning committee unless
				  the local emergency planning committee previously submitted a request to the
				  State Fire Marshal to participate in a training program provided by the State
				  Fire Marshal pursuant to
				  NRS
				  477.039 and the State Fire Marshal declined
				  to provide such training.
(b) To
				  pay for training to support preparedness to combat terrorism unless the local
				  emergency planning committee previously submitted a request to the Division of
				  Emergency Management of the Office of the Military to participate in a training
				  program provided by the Division and the Division declined to provide such
				  training.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99142 - Requests for money from proceeds of certain fees to pay for services of consultant or contractor

Current through June 11,
				  2024
1. A local
				  emergency planning committee may, in its application for a grant from the
				  Commission for planning or training, request grant money from the fees
				  collected by the Commission pursuant to NAC 459.9918 to 459.991825, inclusive,
				  for services to be provided by a consultant or contractor which relate to
				  planning or training to carry out the emergency plan of the local emergency
				  planning committee or pursuant to subsection 4 of
				  NRS
				  482.379365 for planning or training to
				  support preparedness to combat terrorism.
2. A request made pursuant to subsection 1
				  must include, without limitation:
(a) Two or
				  more competitive bids that were submitted to the local emergency planning
				  committee by consultants or contractors;
(b) An itemized list of the scope of the
				  services to be provided by the consultant or contractor who was selected by the
				  local emergency planning committee; and
(c) An itemized quote for the costs of the
				  services to be provided by the consultant or contractor.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99143 - Requests for money from proceeds of certain fees to pay for equipment

Current through June 11, 2024
1. A local emergency planning committee may,
				  in its application for a grant from the Commission, request grant money from
				  the fees collected by the Commission pursuant to NAC 459.9918 to 459.991825,
				  inclusive, for equipment that is necessary to carry out the emergency plan of
				  the local emergency planning committee or pursuant to subsection 4 of
				  NRS
				  482.379365 for equipment to support
				  preparedness to combat terrorism.
2. Except as otherwise provided in this
				  subsection, the request for equipment must be for equipment designated on the
				  list of appropriate equipment for matters relating to emergency response of
				  hazardous materials or to support preparedness to combat terrorism that is
				  provided by the Commission. The local emergency planning committee may include
				  a request for equipment not designated on the list provided by the Commission
				  if the local emergency planning committee includes a quote for the cost of the
				  equipment in the application.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08,
				  12-17-2008
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99144 - Requests for money from federal funding to pay for planning

Current
				  through June 11, 2024
A local emergency planning
				  committee may, in its application for a grant from the Commission, request
				  grant money from the money awarded to the Commission by the Federal Government
				  pursuant to
				  42 U.S.C. §
										11005 for planning that is necessary to carry
				  out the emergency plan of the local emergency planning committee.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99145 - Requests for money from federal funding to pay for training

Current
				  through June 11, 2024
1.
				  Except as otherwise provided in subsection 2, a local emergency planning
				  committee may, in its application for a grant from the Commission, request
				  grant money from the money awarded to the Commission by the Federal Government
				  pursuant to
				  42 U.S.C. §
										11005 for training that is necessary to carry
				  out the emergency plan of the local emergency planning committee.
2. Except for money to attend a training
				  conference, a local emergency planning committee may not request grant money
				  from the Commission pursuant to subsection 1 to pay for training unless the
				  local emergency planning committee previously submitted a request to the State
				  Fire Marshal to participate in a training program provided by the State Fire
				  Marshal pursuant to
				  NRS 477.039 and
				  the State Fire Marshal declined to provide such training.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R120-08,
				  12-17-2008
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99146 - Requests for money from federal funding to pay for services of consultant or contractor

Current through June 11,
				  2024
1. A local
				  emergency planning committee may, in its application for a grant from the
				  Commission for planning or training, request grant money from the money awarded
				  to the Commission by the Federal Government pursuant to
				  42 U.S.C. §
										11005 for services to be provided by a
				  consultant or contractor which relate to planning or training to carry out the
				  emergency plan of the local emergency planning committee.
2. A request made pursuant to subsection 1
				  must include, without limitation:
(a) Two or
				  more competitive bids that were submitted to the local emergency planning
				  committee by consultants or contractors;
(b) An itemized list of the scope of the
				  services to be provided by the consultant or contractor who was selected by the
				  local emergency planning committee; and
(c) An itemized quote for the costs of the
				  services of the consultant or contractor.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99147 - Review of applications and award of money

Current through June
				  11, 2024
The Commission may:
1. Place each application for grant money
				  that is submitted to the Commission on an agenda for consideration at a future
				  meeting of the Commission;
2.
				  Review each application for grant money that is submitted by a local emergency
				  planning committee; and
3. Award
				  grant money to a local emergency planning committee based on the following
				  factors:
(a) The availability of money for
				  grants in the Contingency Account for Hazardous Materials;
(b) Whether the application for grant money
				  satisfies the conditions set forth in NAC 459.99138 to 459.99146, inclusive;
				  and
(c) Whether the local emergency
				  planning committee has complied with all applicable statutes, regulations and
				  policies.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99148 - Documentation of awards of money

Current through June 11,
				  2024
Upon the determination of the Commission to
				  award a grant to a local emergency planning committee, the Commission will
				  prepare documentation of the award and keep such documentation on file with the
				  Commission.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99149 - Completion and submission of certain forms

Current through June
				  11, 2024
Before any grant money may be distributed
				  by the Commission to a local emergency planning committee, the local emergency
				  planning committee must complete and submit to the Commission the following
				  forms provided by the Commission:
1.
				  The Certified Assurances Form indicating that the local emergency planning
				  committee agrees to comply with the rules and regulations governing the grant
				  money awarded in the grant. The form must be signed by the chair of the local
				  emergency planning committee and a designee of the appropriate governmental
				  entity for which the grant has been awarded.
2. The Compliance Certification Form
				  indicating that the local emergency planning committee has complied with the
				  administrative requirements for a grant.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R177-05,
				  6-1-2006
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99151 - Reimbursement of expenditures: Requirements for disbursement of money

Current through June 11, 2024
1. Except as otherwise provided in NAC
				  459.99152, the grant money awarded to a local emergency planning committee by
				  the Commission will be disbursed on the basis of reimbursement for expenditures
				  authorized in the grant.
2. If a
				  local emergency planning committee seeks to be reimbursed for an expenditure
				  authorized in the grant, the local emergency planning committee must submit a
				  request for reimbursement to the Commission not later than 30 days after the
				  last day of the quarter or 45 days after the end of the award period.
3. A request for reimbursement must include a
				  financial report, on a form approved by the Commission, consisting of an
				  accounting of the expenditure, the invoice for the expenditure and proof of
				  payment by the local emergency planning committee.
4. Within 5 working days after receiving a
				  request for reimbursement, the Commission will conduct an audit of the
				  financial report submitted to the Commission to ensure that the expenditure for
				  which the local emergency planning committee is requesting reimbursement is
				  authorized in the grant. If the Commission approves the request, the Commission
				  will process the payment within 1 working day after approval of the
				  request.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R177-05,
				  6-1-2006
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99152 - Advance funding for expected expenditures exceeding $2,000

Current through June 11, 2024
1. If a local emergency planning committee
				  has an expected expenditure exceeding $2,000, the local emergency planning
				  committee may submit a request to the Commission for advance funding.
2. The request for advance funding must
				  include a financial report, on a form approved by the Commission, consisting of
				  a copy of the purchase order indicating the date of processing for the purchase
				  and the cost of the purchase.
3.
				  Within 5 working days after receiving a request for advance funding, the
				  Commission will verify that the expenditure for which the local emergency
				  planning committee is requesting advance funding is authorized in the grant. If
				  the Commission approves the request, the Commission will process the payment to
				  the local emergency planning committee.
4. Within 30 days after a check for advance
				  funding is issued to a local emergency planning committee, the local emergency
				  planning committee shall submit to the Commission a financial report, on a form
				  approved by the Commission, that includes any invoices for the expenditure and
				  proof of payment.
5. If the
				  expenditure is not made within 30 days after a check for advance funding is
				  issued to a local emergency planning committee, the local emergency planning
				  committee must return to the Commission the amount of the advance funding
				  within 45 days after the issuance of the check for advance funding.
6. If a check for advance funding issued to a
				  local emergency planning committee is in excess of the actual expenditure, the
				  local emergency planning committee must return to the Commission the amount of
				  the advance funding that is in excess of the actual expenditure within 45 days
				  after the date of issuance of the check for advance funding.
7. If a local emergency planning committee
				  fails to return an amount of advance funding as required pursuant to this
				  section, the Commission may withhold funding from the local emergency planning
				  committee in the future.
8. As used
				  in this section, "advance funding" means an advance of the grant money awarded
				  to pay for any expenditures.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99153 - Quarterly financial reports

Current through June 11,
				  2024
Unless a financial report is submitted pursuant
				  to NAC 459.99151 or 459.99152, a local emergency planning committee must submit
				  to the Commission a quarterly financial report. The quarterly financial report
				  must be submitted on a form approved by the Commission not later than 30 days
				  after the last day of the quarter indicating that no expenditures were made
				  during that quarter.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99154 - Past due financial reports

Current through June 11,
				  2024
If a financial report required to be submitted
				  pursuant to NAC 459.99151, 459.99152 or 459.99153:
1. Is at least 30 days past due but less than
				  45 days past due, the Commission will notify the chair of the local emergency
				  planning committee required to submit the financial report.
2. Is at least 45 days past due but less than
				  60 days past due, the Commission will notify the designee of the appropriate
				  governmental entity for which the grant has been awarded.
3. Is at least 60 days past due, the
				  Commission may in the future withhold funding from the local emergency planning
				  committee required to submit the financial report.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for Local Emergency Planning Committees › Section 459.99156 - Request to revise use of money after award of grant

Current
				  through June 11, 2024
1.
				  If circumstances pertaining to the use of grant money change after the award of
				  a grant to a local emergency planning committee, the local emergency planning
				  committee shall submit to the Commission a request, on a form approved by the
				  Commission, to revise the use of the grant money for another purpose.
2. If the request to revise the use of grant
				  money constitutes a change of 10 percent or more of the total amount of the
				  grant or constitutes a significant change to the scope of the intent of the
				  original grant application, before the local emergency planning committee may
				  carry out the change, the request must be:
(a)
				  Approved by the Chair of the Funding Committee; and
(b) If required by the Chair of the Funding
				  Committee, reviewed and approved by the Funding Committee on the record at a
				  meeting of the Funding Committee.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99161 - Authority of Commission: Allocation of money from Contingency Account for Hazardous Materials

Current through June 11,
				  2024
Pursuant to paragraph (d) of subsection 2 of
				  NRS
				  459.735 and in accordance with the provisions
				  set forth in NAC 459.99163 to 459.99167, inclusive, the Commission may:
1. Allocate the fees collected by the
				  Commission pursuant to NAC 459.9918 to 459.991825, inclusive, and deposited in
				  the Contingency Account for Hazardous Materials to state agencies for training
				  and equipping state and local personnel to respond to accidents and incidents
				  involving hazardous materials;
2.
				  Allocate the fees collected pursuant to subsection 4 of
				  NRS
				  482.379365 and deposited in the Contingency
				  Account for Hazardous Materials to state agencies for the planning, training,
				  supply and equipment needs of state and local personnel to support preparedness
				  to combat terrorism; and
3.
				  Allocate any money awarded to the Commission by the Federal Government pursuant
				  to
				  42 U.S.C. §
										11005 and deposited in the Contingency
				  Account for Hazardous Materials to state agencies for training and equipping
				  state and local personnel to respond to accidents and incidents involving
				  hazardous materials.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08,
				  12-17-2008
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99162 - Application for allocation of money; determination and approval of amount to request

Current through June 11,
				  2024
In accordance with the provisions set forth in
				  NAC 459.99163 to 459.99167, inclusive, a state agency which wishes to provide
				  training or equipment to state and local personnel to respond to accidents and
				  incidents involving hazardous materials may submit an application to the
				  Commission for an allocation of money for such training or equipment from the
				  Contingency Account for Hazardous Materials on a form approved by the
				  Commission. Before such a state agency may submit an application for an
				  allocation of money pursuant to the provisions of NAC 459.99163 to 459.99167,
				  inclusive, the head of the state agency must determine and approve, based upon
				  the needs of the state agency, the amount of funding the state agency will
				  request in the application.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99163 - Requests for money from proceeds of certain fees to pay for training

Current through June 11, 2024
1. Except as otherwise provided in subsection
				  2, a state agency may, in its application for an allocation of money from the
				  Commission submitted pursuant to NAC
				  459.99162, request money from the
				  fees collected by the Commission pursuant to NAC
				  459.9918 to
				  459.991825, inclusive, for
				  training state and local personnel to respond to accidents and incidents
				  involving hazardous materials or pursuant to subsection 4 of
				  NRS
				  482.379365 for training to support
				  preparedness to combat terrorism.
2. Except for an allocation of money to
				  attend a training conference, a state agency may not request money from the
				  Commission pursuant to subsection 1:
(a) To
				  pay for training state and local personnel to respond to accidents and
				  incidents involving hazardous materials unless the state agency previously
				  submitted a request to the State Fire Marshal to participate in a training
				  program provided by the State Fire Marshal pursuant to
				  NRS
				  477.039 and the State Fire Marshal declined
				  to provide such training.
(b) To
				  pay for training to support preparedness to combat terrorism unless the state
				  agency previously submitted a request to the Division of Emergency Management
				  of the Office of the Military to participate in a training program provided by
				  the Division and the Division declined to provide such training.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99164 - Requests for money from proceeds of certain fees to pay for services of consultant or contractor

Current through June 11,
				  2024
1. A state agency
				  may, in its application for an allocation of money from the Commission
				  submitted pursuant to NAC 459.99162, request money from the fees collected by
				  the Commission pursuant to NAC 459.9918 to 459.991825, inclusive, for services
				  to be provided by a consultant or contractor which relate to the training of
				  state and local personnel to respond to accidents and incidents involving
				  hazardous materials or pursuant to subsection 4 of
				  NRS
				  482.379365 for training to support
				  preparedness to combat terrorism.
2. A request made pursuant to subsection 1
				  must include, without limitation:
(a) Two or
				  more competitive bids that were submitted to the state agency by consultants or
				  contractors;
(b) An itemized list
				  of the scope of the services to be provided by the consultant or contractor who
				  was selected by the state agency; and
(c) An itemized quote for the costs of the
				  services to be provided by the consultant or contractor.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99165 - Requests for money from proceeds of certain fees to pay for equipment

Current through June 11, 2024
1. A state agency may, in its application for
				  an allocation of money from the Commission submitted pursuant to NAC 459.99162,
				  request money from the fees collected by the Commission pursuant to NAC
				  459.9918 to 459.991825, inclusive, for equipping state and local personnel to
				  respond to accidents and incidents involving hazardous materials or pursuant to
				  subsection 4 of
				  NRS
				  482.379365 for equipment to support
				  preparedness to combat terrorism.
2. Except as otherwise provided in this
				  subsection, the request for equipment must be for equipment designated on the
				  list of appropriate equipment for matters relating to emergency response of
				  hazardous materials or to support preparedness to combat terrorism that is
				  provided by the Commission. The state agency may include a request for
				  equipment not designated on the list provided by the Commission if the state
				  agency includes a quote for the cost of the equipment in the
				  application.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08,
				  12-17-2008
NRS
				  459.735,
				  459.740
Nevada Administrative Code › Chapter 459 - Hazardous Materials › PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL › Funding for State Agencies › Section 459.99166 - Requests for money from federal funding to pay for training

Current
				  through June 11, 2024
1.
				  Except as otherwise provided in subsection 2, a state agency may, in its
				  application for an allocation of money from the Commission submitted pursuant
				  to NAC 459.99162, request an allocation from the money awarded to the
				  Commission by the Federal Government pursuant to
				  42 U.S.C. §
										11005 for training state and local personnel
				  to respond to accidents or incidents involving hazardous materials.
2. Except for grant money to attend a
				  training conference, a state agency may not request money from the Commission
				  pursuant to subsection 1 to pay for training unless the state agency previously
				  submitted a request to the State Fire Marshal to participate in a training
				  program provided by the State Fire Marshal pursuant to
				  NRS 477.039 and
				  the State Fire Marshal declined to provide such training.
Added to NAC by St. Emergency
				  Response Comm'n by R133-03, eff. 3-26-2004; A by R120-08,
				  12-17-2008
NRS
				  459.735,
				  459.740