reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.910 - Allocation and administration of money by Division

Current through June 11, 2024
1. Except as otherwise provided in this section, in each round of funding, the total amount of money available for distribution will be allocated according to the local share available to each participating jurisdiction.
2. A participating jurisdiction shall determine whether to accept or reject the local share available to the participating jurisdiction. If the participating jurisdiction rejects the local share, the Division will administer the local share for that participating jurisdiction and consider any proposal for a project in that participating jurisdiction.
3. The Division will set aside 10 percent of the money allocated to the Account each year to accept any proposal for a project located in any participating jurisdiction that it deems appropriate. A proposal for a project may be submitted to the Division throughout the year.
4. In addition to the money from the Account that will be set aside pursuant to subsection 3, the Administrator may set aside money from the Account to:
(a) If the proposal for a project is an eligible project pursuant to NRS 319.510 and all local participating jurisdictions agree, ensure that money in the Account will be available to match federal money offered for such a proposal for a project that requires the State to match such federal money as a condition of receiving the federal money; and
(b) Provide for certain proposals for projects, not to exceed $750,000 per year without the approval from all participating jurisdictions to set aside an amount exceeding $750,000 per year, that the Administrator deems appropriate to carry out the provisions of this chapter.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.912 - Balance required before distribution; notice of solicitation of proposals; deadline for submission of proposals

Current through June 11, 2024
1. Money will not be allocated from the Account until there is $1,500,000 available for distribution in the Account.
2. Upon the initial accumulation of $1,000,000 in the Account, the Division will give public notice of a solicitation of each proposal for a project. The notice will specify:
(a) The amount of money available for distribution in that round of funding, including the amount of each local share;
(b) Where and in what form a proposal must be submitted;
(c) The deadline for the submission of a proposal to the Division;
(d) The amount of the application fee, if any, that must be submitted with the proposal;
(e) The criteria used by the Division to evaluate a proposal; and
(f) The expected schedule for the Division's review and approval or denial of a proposal.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.914 - Solicitation of proposals and notification of money available following initial round of funding

Current through June 11, 2024
After the initial round of funding, the Division will give public notice of a solicitation of each proposal for a project and notify each participating jurisdiction of the money available to the participating jurisdiction if:
1. The amount of money in the Account is $1,000,000 or more; and
2. The Division determines that the amount of money in the Account is sufficient to fund projects in each participating jurisdiction.
Added to NAC by Housing Div., eff. 6-20-90; A by R001-02, 6-28-2002
NRS 319.140, 319.520
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.916 - Submission of proposals between rounds of funding

Current through June 11, 2024
Upon good cause as determined by the Division, an applicant may submit a proposal for a project to the Division between rounds of funding. The Division will evaluate such a proposal in accordance with its standard criteria for review. If the proposal is awarded money from the Account, the money will be allocated from the 10 percent of the money in the Account set aside each year by the Division pursuant to subsection 3 of NAC 319.910.
Added to NAC by Housing Div., eff. 6-20-90; A by R001-02, 6-28-2002
NRS 319.140, 319.520
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.918 - Proposals for projects not sought through local participating jurisdiction

Current through June 11, 2024
A proposal for a project that is not sought through a local participating jurisdiction must:
1. Be sponsored by the local government within whose jurisdiction the project will be located, as demonstrated by a letter of support or resolution or such other evidence acceptable to the Division;
2. If it is a proposal for construction or rehabilitation of a multi-unit residential project, demonstrate the project's ability to provide housing at a low cost to eligible families for not less than 30 years; and
3. Where applicable, meet the Division's standards for fiscal underwriting.
Added to NAC by Housing Div., eff. 6-20-90; A by R001-02, 6-28-2002
NRS 319.140, 319.520
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.920 - Refusal to consider proposal for failure to perform certain obligations

Current through June 11, 2024
The Division may refuse to consider a proposal for a project if the sponsor, a partner of the sponsor, a member of the project development team or any other party affiliated with the proposal has failed adequately to perform its obligations in regard to an application for a federal tax credit or financing that involves the Division.
Added to NAC by Housing Div., eff. 6-20-90
NRS 319.140, 319.520
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.922 - Evaluation of proposals and determination of money awarded by participating jurisdiction; evaluation and approval of proposals by Division

Current through June 11, 2024
1. A participating jurisdiction that accepts its local share shall evaluate each proposal for a project and determine which proposal for a project will be awarded money from its local share.
2. To be eligible for money from the Account, each proposal for a project must be evaluated and approved by the Division using the criteria established pursuant to NRS 319.510 and the annual plan developed by the Division.
Added to NAC by Housing Div., eff. 6-20-90; A by R001-02, 6-28-2002
NRS 319.140, 319.520
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.940 - Execution of documents by successful applicants

Current through June 11, 2024
A successful applicant must execute any documents deemed appropriate by the Division before receiving an award of money from the Account.
Added to NAC by Housing Div., eff. 6-20-90
NRS 319.140, 319.520
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.942 - Distribution of money to other entities in lieu of Division of Welfare and Supportive Services

Current through June 11, 2024
The Division may distribute money from the Account pursuant to subsection 3 of NRS 319.510 if the Division of Welfare and Supportive Services of the Department of Health and Human Services fails to comply with paragraph (a) of subsection 2 of that section.
Added to NAC by Housing Div., eff. 6-20-90
NRS 319.140, 319.520
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.944 - Auditing of projects receiving money

Current through June 11, 2024
A project which receives money from the Account is subject to regular audits by the Division. The Division may audit a project at any reasonable time to determine compliance with the provisions of NAC 319.885 to 319.950, inclusive, and may require the project to pay the cost of the audit.
Added to NAC by Housing Div., eff. 6-20-90
NRS 319.140, 319.520
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.946 - Periodic reports on use of money received

Current through June 11, 2024
Each recipient of money from the Account shall, at least two times annually, report upon the use of the money as required by subsection 2 of NRS 319.520.
Added to NAC by Housing Div., eff. 6-20-90; A by R001-02, 6-28-2002
NRS 319.140, 319.520
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.948 - Return of money to Division: Failure to use within 3 years

Current through June 11, 2024
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 be returned to the Division. Upon written request by the applicant and for good cause, the Division may extend the period of the grant for not more than 1 year.
Added to NAC by Housing Div., eff. 6-20-90; A by R001-02, 6-28-2002
NRS 319.140, 319.520
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › ACCOUNT FOR LOW-INCOME HOUSING › Section 319.950 - Return of money to Division: Defunct projects; failure to benefit eligible families

Current through June 11, 2024
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 expended must be returned to the Account.
Added to NAC by Housing Div., eff. 6-20-90
NRS 319.140, 319.520
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.951 - Definitions

Current through June 11, 2024
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 Div. by R057-97, eff. 1-15-98; A by R103-05, 10-31-2005; A by R115-14, eff. 10/27/2015
NRS 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.953 - "Applicant" defined

Current through June 11, 2024
"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, eff. 10/27/2015
NRS 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.955 - "Code" defined

Current through June 11, 2024
"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, eff. 1-15-98
NRS 319.140, 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.956 - "Compliance period" defined

Current through June 11, 2024
"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 Div. by R057-97, eff. 1-15-98
NRS 319.140, 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.958 - "Declaration of restrictive covenants and conditions" defined

Current through June 11, 2024
"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 project and any other conditions upon which tax credits are awarded to the applicant by the Division 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, eff. 10/27/2015
NRS 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.961 - "Project sponsor" defined

Current through June 11, 2024
"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 R057-97, eff. 1-15-98
NRS 319.140, 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.962 - "Qualified allocation plan" defined

Current through June 11, 2024
"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, eff. 10/27/2015
NRS 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.964 - "State ceiling" defined

Current through June 11, 2024
"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
NRS 319.140, 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.965 - "Tax credit" defined

Current through June 11, 2024
"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 Housing Div. by R057-97, eff. 1-15-98
NRS 319.140, 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.967 - Compliance with qualified allocation plan; action or statement by Division not implied or express representation or warranty of financial feasibility

Current through June 11, 2024
1. Each applicant and project sponsor shall comply with the provisions of the qualified allocation plan. If a provision in the qualified allocation plan conflicts with a provision of the Code, the applicant or project sponsor shall comply with the provision of the Code. Such a conflict occurs if the application or enforcement of a provision in the qualified allocation plan or compliance manual renders a project ineligible for tax credits or disqualifies the qualified allocation plan pursuant to the Code.
2. An action or statement made by the Division, including any financial analysis, issuance of reservation letters and final award of tax credits, must not be interpreted or relied on as an implied or express representation or warranty by the Division that the project sponsor or project is financially feasible or is in compliance with any provision of the Code or any other statute, regulation or rule concerning the project. A determination of financial feasibility and compliance is the sole responsibility of each applicant and project sponsor.
Added to NAC by Housing Div. by R057-97, eff. 1-15-98
NRS 319.140, 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.968 - Recording of declaration of restrictive covenants and conditions

Current through June 11, 2024
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 project sponsor in the county in which the project is located.
Added to NAC by Housing Div. by R057-97, eff. 1-15-98
NRS 319.140, 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.970 - Annual plan: Publication by Division; contents; application form

Current through June 11, 2024
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 allocation plan for each plan year. The qualified allocation plan will include, without limitation:
(a) Any findings by the Administrator relating to any applicable requirements for low-income housing and the priorities, policies and criteria for use during the plan year;
(b) Dates for submitting applications and any other deadlines and procedural policies for use during the plan year;
(c) The amount of the state ceiling and the total amount of tax credits available for reservation and award for the plan year and the manner in which those amounts will be apportioned among the reservation accounts specified in NAC 319.951 to 319.998, inclusive;
(d) The criteria for selection, including minimum requirements, set-aside provisions, preference points and rules for breaking ties, for establishing the priorities and requirements for the plan year; and
(e) Any other information or policies relied upon by the Division during the plan year that are in addition to or in lieu of the provisions of NAC 319.951 to 319.998, inclusive.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.971 - Annual plan: Public hearings before adoption; notice of hearing; adoption; training sessions; fees

Current through June 11, 2024
1. Before adopting a qualified allocation plan and preparing the application for tax credits, the Administrator will hold at least one public meeting in Clark County, one public meeting in Washoe County and one public meeting in a county other than Clark County or Washoe County designated by the Administrator. The public meetings may be held concurrently through the use of videoconferencing or other equivalent means. The Administrator may hold additional meetings.
2. The meetings will be conducted in accordance with the provisions of chapter 241 of NRS. The Division will maintain a list of persons whom the Division will notify for each meeting. The Division will include on the list the name of each person who applied for tax credits during the year immediately preceding the year in which the meeting is held. Any other person may submit a request to the Division to be included on the list. The Division will include the name of such a person on the list for 2 years after the date the request is submitted to the Division.
3. The Division will prepare a draft of the qualified allocation plan at least 14 days before the first meeting, post the draft on the Division's Internet website and provide , by electronic mail, a copy of the draft qualified allocation plan to each person whose name is included on the list specified in subsection 2.
4. After conducting the meetings, the Administrator will adopt a final qualified allocation plan and the application for tax credits, including instructions for completing the application.
5. After adopting a qualified allocation plan and the application and its instructions pursuant to this section, the Division may, upon the request of an applicant, hold a training session. A training session will include a discussion of the qualified allocation plan, the application and its instructions and the provisions of NAC 319.951 to 319.998, inclusive. The Division may impose a fee for attending a training session to defray the cost of:
(a) Materials used at a training session;
(b) Speakers, if the speakers are not employees of the Division; or
(c) Renting or leasing a facility used for a training session.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.972 - Initial apportionment of tax credits; set-aside accounts; priorities; preference points; reservation of tax credits; unused tax credits

Current through June 11, 2024
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 requirements of the Code.
2. The Division will make all apportionments of the total allocation of tax credits in accordance with the qualified allocation plan.
Added to NAC by Housing Div. by R057-97, eff. 1-15-98; A by R115-14, eff. 10/27/2015
NRS 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.974 - Application: Submission; grounds for rejection; review and retention of rejected applications; subsequent reservation rounds

Current through June 11, 2024
1. An application for tax credits must be:
(a) Completed by the applicant in accordance with the instructions for completing the application prepared by the Division pursuant to NAC 319.970; and
(b) Comply with the requirements of the qualified allocation plan.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 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

Current through June 11, 2024
1. The Division will:
(a) Review each application for tax credits and any supporting documents to determine whether the requirements for eligibility for a reservation or award of tax credits are met and the amount of preference points that may be awarded; and
(b) Determine the amount of tax credits for which the project may be eligible.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.977 - Application: Tentative ranking; proposed reservation of tax credits; request for review by Administrator; proposed reservation subject to change

Current through June 11, 2024
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 obligation by the Division to reserve or award the amount of tax credits specified in the notice. The Division may change any proposed reservation of tax credits or reject an application at any time.
Added to NAC by Housing Div. by R057-97, eff. 1-15-98; A by R115-14, eff. 10/27/2015
NRS 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.978 - Final determination of reservation of tax credits; written notice to applicant; change in status of applicant; liability of Division

Current through June 11, 2024
1. Upon completion of the review of an application conducted pursuant to NAC 319.984, the Administrator will make a final determination concerning the reservation of tax credits. After making the final determination, the Administrator will notify each applicant, in writing, of the amount of tax credits, if any, that have been reserved for his or her project.
2. A reservation of tax credits becomes final after each applicant is notified pursuant to subsection 1. Any fees charged to the applicant by the Division for reserving tax credits are due upon receipt of the notice. No further review or appeals concerning the reservation of tax credits will be conducted by the Administrator.
3. A reservation of tax credits is a commitment to hold the reserved tax credits available for final award to a project until the reservation is terminated or a final award of tax credits is made. A reservation of tax credits is applicable only to the project for which those credits are reserved and may not be transferred to any other project.
4. Any change in the status of the applicant or project sponsor must be reviewed and approved by the Division. Such a change includes, but is not limited to:
(a) A change in any proprietor, joint venturer, general partner, member or any shareholder who owns more than 25 percent of the outstanding stock of the applicant or project sponsor; and
(b) Any dissolution, winding up of affairs, sale of assets, merger or business combination of any applicant or project sponsor.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.979 - Submission of progress report by project sponsor

Current through June 11, 2024
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 project sponsor to submit a progress report within that period may result in the forfeiture of the reservation of tax credits for the project.
Added to NAC by Housing Div. by R057-97, eff. 1-15-98
NRS 319.140, 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.980 - Carryover of reserved tax credits; written request; report of compliance with certain provisions of Code; limitation on carryover

Current through June 11, 2024
1. If a final award of tax credits is not made by the end of a calendar year, any reserved amount of those credits may be carried over to the next year in accordance with the provisions of the Code and NAC 319.951 to 319.998, inclusive.
2. If an applicant wishes to carry over any reserved tax credits, the Division must receive, not later than the date set forth in the written notification of a reservation of tax credits provided to the applicant by the Division:
(a) A written statement from the applicant requesting that the tax credits be carried over with the appropriate fees; and
(b) The report specified in subsection 3.
The Division will not grant an extension of time for the submission of the statement.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.981 - Closure of project after receiving reservation of tax credits; extension of time; termination of reservation; reapplication; fees

Current through June 11, 2024
1. Except as otherwise provided in this section, each project that receives a reservation of tax credits must be closed within 270 days after the date the Division provides written notification to the applicant of the reservation. If a project is not closed within that period, the Division will terminate the reservation of tax credits. Before the expiration of the period, the applicant must demonstrate to the Division that he or she has closed the project within that period by providing proof satisfactory to the Division that he or she has:
(a) Purchased and holds title in fee simple to the project site in the applicant's name.
(b) Entered into a written agreement with a contractor who is licensed in this State to begin construction before the expiration of the period.
(c) Obtained adequate financing for the construction of the project. The applicant must provide written commitments or contracts from third parties.
(d) Executed a written commitment for a loan for permanent financing for the construction of the project in an amount that ensures the financial feasibility of the project. The commitment may be subject to the condition that the construction is completed and the project is appraised for an amount sufficient to justify the loan in accordance with the requirements of the lender for credit. If the project is a rural development project that receives loans or grants from the United States Department of Agriculture, the applicant must provide a form approved by the Division that indicates that money has been obligated for the construction of the project before the expiration of the period. An advance of that money is not required before the expiration of the period.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.983 - Submission of final application for tax credits upon completion of project; determination of amount of award; additional statements and forms

Current through June 11, 2024
1. Upon the completion of a project, the project sponsor shall submit a final application for tax credits to the Division on a form provided by the Division. The final application must be accompanied by a report from a certified public accountant attesting:
(a) To the amount of the actual costs of construction of the project; and
(b) That those costs may be included in the eligible basis of the project pursuant to the provisions of section 42 of the Code.
The report must be submitted on a form approved by the Division.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 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

Current through June 11, 2024
1. The following determinations or actions by the Division are, upon the request of an applicant, subject to review by the Administrator:
(a) The rejection of an application;
(b) The refusal to accept a document or other information from the applicant;
(c) A tentative award or the denial of a reservation of tax credits and any determination or action upon which the tentative award or denial of the reservation was based;
(d) A termination of a reservation of tax credits;
(e) A decision to deny an award of tax credits;
(f) A determination or action taken during the compliance period; and
(g) Any other determination or action for which review by the Administrator is provided for in the qualified allocation plan or approved by the Administrator.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.985 - Receipt of application, notice or other document; computation of time

Current through June 11, 2024
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 pursuant to the provisions of those sections shall be deemed received when it is placed in the physical possession of an officer or employee of the Division.
2. A notice provided pursuant to the provisions of NAC 319.951 to 319.998, inclusive, unless otherwise provided in the notice, shall be deemed given and received as follows:
(a) If the notice is provided by first-class mail, on the date the mail is postmarked.
(b) If the notice is provided by certified mail, on the date the mail is received as indicated on the return receipt.
(c) If the notice is provided by overnight delivery service, on the date the notice is received by the carrier.
(d) If the notice is provided in person, on the date the notice is personally delivered in the office of the recipient to a person employed by the recipient.
(e) If the notice is provided by electronic mail, on the date the electronic mail is received in the office of the recipient by a person employed by the recipient.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.987 - Repealed

Current through June 11, 2024
Added to NAC by Housing Div. by R057-97, eff. 1-15-98; A by R124-04, 10-4-2004; R103-05, 10-31-2005; R by R115-14, eff. 10/27/2015
NRS 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.991 - Repealed

Current through June 11, 2024
Added to NAC by Housing Div. by R057-97, eff. 1-15-98; A by R124-04, 10-4-2004; R by R115-14, eff. 10/27/2015
NRS 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 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

Current through June 11, 2024
1. Each project sponsor shall, for the compliance period, comply with the provisions of NAC 319.951 to 319.998, inclusive, any commitments made by the sponsor in its application for tax credits, the declaration of restrictive covenants and conditions and the Code. The failure of the project sponsor to comply with those provisions may result in a revocation of the allocated tax credits by the Internal Revenue Service and other action by the Division, including, without limitation, placing the project sponsor on probation, as set forth in the qualified allocation plan.
2. The Division will prepare and periodically revise a compliance manual specifying the forms that must be used and any other requirements for project sponsors. The Division will provide a copy of the compliance manual to each applicant when tax credits are allocated pursuant to the provisions of NAC 319.951 to 319.998, inclusive. The Division will post on its Internet website a copy of the compliance manual for the current and immediately preceding plan year. A project sponsor may obtain copies of the compliance manuals for other plan years from the Division upon the payment of a fee to cover the costs of those copies.
3. Each project sponsor shall maintain records for each building in the project. The records must include the following information for each year of the compliance period:
(a) The total number of units in the building, including the number of bedrooms and the size in square feet of each of those units;
(b) The percentage of units in the building that are low-income units;
(c) The rent charged for each unit in the building, including any allowances for utilities;
(d) The number of occupants in each low-income unit, if the rent for those units is determined by the number of occupants in each unit pursuant to the provisions of section 42(g)(2) of the Code that are in effect before the effective date of the amendments to the Code made pursuant to the Revenue Reconciliation Act of 1989, 26 U.S.C. §§
										898, 4471, 4472, 4681, 4682, 4978 B and 6662 to 6665, inclusive;
(e) The vacancies in the low-income units in the building and any information that indicates the date and each person to whom the next available units were rented;
(f) An annual certification of the income of each low-income tenant;
(g) Documentation to support the certification of the income of each low-income tenant;
(h) The eligible basis and qualified basis of the building at the end of the first year of the credit period as defined in section 42(f)(1) of the Code;
(i) The character and use of the nonresidential portion of the building included in the eligible basis of the building pursuant to section 42(d) of the Code; and
(j) The date that each resident initially occupies a rental unit.
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.996 - Projects financed by tax-exempt bonds: Applicability of certain provisions; application for tax credits

Current through June 11, 2024
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 tax-exempt bonds are governed by the provisions of NAC 319.951 to 319.998, inclusive.
2. The provisions of NAC 319.972 to 319.978, inclusive, 319.980 and 319.981 do not apply to tax credits awarded to a project specified in subsection 1.
3. An application for tax credits for a project specified in subsection 1 must be completed and will be evaluated in connection with the application for the financing of any bonds for that project.
Added to NAC by Housing Div. by R057-97, eff. 1-15-98; A by R124-04, 10-4-2004; A by R115-14, eff. 10/27/2015
NRS 319.145
Nevada Administrative Code › Chapter 319 - Assistance to Finance Housing › TAX CREDITS FOR LOW-INCOME HOUSING › Section 319.998 - Fees

Current through June 11, 2024
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 Housing Div. by R057-97, eff. 1-15-98; A by R115-14, eff. 10/27/2015
NRS 319.145
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › GENERAL PROVISIONS › Section 321.010 - Definitions

Current through June 11, 2024
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, association, corporation or other form of business organization or any governmental entity.
3. "Public lands" has the meaning ascribed to it in subsection 2 of NRS 321.5963.
Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 1 §§ 1.2-1.4, eff. 11-6-79
NRS 321.597
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › GENERAL PROVISIONS › Section 321.020 - Right-of-way or easement prior to July 1, 1979

Current through June 11, 2024
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, Pub. Lands Mgt. Reg. Art. 2 § 2.1, eff. 11-6-79
NRS 321.597
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › GENERAL PROVISIONS › Section 321.030 - Authorization required for certain acts

Current through June 11, 2024
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 evidence of authority under federal law for the act or acts.
2. If the State Land Registrar finds, after consideration of the application and evidence, that the act or acts regarding the public lands conform to applicable federal laws, the laws of this State and this chapter, he or she will issue a written authorization to the applicant on a form approved by the Director of the State Department of Conservation and Natural Resources.
3. Subject to continuing review by the State Land Registrar to ensure compliance with the intent of NRS 321.5977 and to ensure that the public lands are protected, no additional authorization or permit beyond that required by federal law is required for casual use of the public lands, such as, but not limited to, prospecting, general recreational use and noncommercial wood or tree gathering.
Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 1 §§ 2.2 & 2.3, eff. 11-6-79
NRS 321.597
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › GENERAL PROVISIONS › Section 321.040 - Authorization given without prejudice to Nevada

Current through June 11, 2024
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 given for any sale, use or other disposition of any public land.
Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 2 § 2.4, eff. 11-6-79
NRS 321.597
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › GENERAL PROVISIONS › Section 321.050 - Recordation of mining claims

Current through June 11, 2024
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 321.060 as they relate to filing of mining claims.
2. The State Land Registrar hereby authorizes the locator to use and develop the claim if the activity does not violate any statute, ordinance or administrative regulation or the rights of any other person.
Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 2 § 2.2.1, eff. 5-2-80
NRS 321.597
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › GENERAL PROVISIONS › Section 321.060 - Sale, use or disposal of public lands: Notification concerning money paid or received

Current through June 11, 2024
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 disposal of any public lands of Nevada for which the authorization of the State Land Registrar is required pursuant to this chapter, the person requesting the authorization must provide the Registrar with the name and address of the person to whom the money or consideration was given and declare the amount.
2. Any person who receives any money or other consideration including fees, rents or royalties for any sale, use or other disposition of any public land shall notify the State Land Registrar of the amount and receipt of the money or other consideration as soon as practicable unless the money or consideration is given to the State Treasurer. In that case the State Treasurer shall notify the State Land Registrar of the amounts deposited and credited to the State General Fund. This subsection does not apply to transactions between private persons.
Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 3, eff. 11-6-79
NRS 321.597
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › GENERAL PROVISIONS › Section 321.070 - Clarification of or relief from regulations; response by State Land Registrar

Current through June 11, 2024
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 State Department of Conservation and Natural Resources with regard to regulations may submit a written request for the desired assistance or action to the State Land Registrar. The State Land Registrar will respond within 30 days.
Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 4, eff. 11-6-79
NRS 321.597
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › DEVELOPMENT IN FORT MOHAVE VALLEY › Section 321.100 - Definitions

Current through June 11, 2024
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 ascribed to them in those sections.
Added to NAC by Colorado River Comm'n, eff. 7-28-86; A by R219-99, 5-16-2000
NRS 538.201
; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › DEVELOPMENT IN FORT MOHAVE VALLEY › Section 321.120 - "Board" defined

Current through June 11, 2024
"Board" means the Board of County Commissioners of Clark County.
Added to NAC by Colorado River Comm'n, eff. 7-28-86
NRS 538.201;
§ 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › DEVELOPMENT IN FORT MOHAVE VALLEY › Section 321.130 - "Commission" defined

Current through June 11, 2024
"Commission" means the Colorado River Commission of Nevada.
Added to NAC by Colorado River Comm'n, eff. 7-28-86
NRS 538.201
; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › DEVELOPMENT IN FORT MOHAVE VALLEY › Section 321.140 - "Executive Director" defined

Current through June 11, 2024
"Executive Director" means the Executive Director of the Commission.
Added to NAC by Colorado River Comm'n, eff. 7-28-86
NRS 538.201
; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › DEVELOPMENT IN FORT MOHAVE VALLEY › Section 321.160 - "Fort Mohave Valley" defined

Current through June 11, 2024
"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 Nevada 2009, and section 8 of chapter 427, Statutes of Nevada 2007, as amended by section 9 of chapter 369, Statutes of Nevada 2009.
Added to NAC by Colorado River Comm'n, eff. 7-28-86
NRS 538.201
; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › DEVELOPMENT IN FORT MOHAVE VALLEY › Section 321.170 - Development and disposal of lands; reservation of lands for recreational facilities

Current through June 11, 2024
The Commission will, subject to the requirements of section 5 of chapter 427, Statutes of Nevada 2007, as amended by section 9 of chapter 369, Statutes of Nevada 2009, and section 9 of chapter 427, Statutes of Nevada 2007, as last amended by section 2 of chapter 481, Statutes of Nevada 2011:
1. Provide for the development and disposal of lands within Fort Mohave Valley in such increments as are needed to further orderly planning and development in the valley.
2. Consider the reservation of lands within Fort Mohave Valley for parks, beaches, playgrounds and any other public recreational facility as recommended by interested governmental agencies.
3. Dispose of lands within Fort Mohave Valley, except reserved lands, through sale or other methods of disposal to qualified developers and, if appropriate, public agencies.
4. Provide for the development and disposal of lands within Fort Mohave Valley pursuant to the provisions of NAC 321.100 to 321.230, inclusive.
Added to NAC by Colorado River Comm'n, eff. 7-28-86; A 2-18-88; R219-99, 5-16-2000
NRS 538.201
; 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › DEVELOPMENT IN FORT MOHAVE VALLEY › Section 321.180 - Executive Director to report certain proposals for development; availability of plan

Current through June 11, 2024
1. The Executive Director shall report to the Commission any written proposal for development in Fort Mohave Valley which is consistent with:
(a) The current plan of development approved by the Secretary of the Interior;
(b) A master plan adopted pursuant to chapter 278 of NRS by the governing body whose territory contains the land described for development or disposal, or the proposed development or disposal constitutes an acceptable revision to the master plan; and
(c) The plans and projects of any special district whose territory contains the land described for development or disposal.
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › DEVELOPMENT IN FORT MOHAVE VALLEY › Section 321.190 - Approval of development; solicitation for proposals for development

Current through June 11, 2024
1. The Commission will not approve any development in or disposal of Fort Mohave Valley:
(a) Until it has consulted with the Board and the Laughlin Town Advisory Board.
(b) Unless the person proposing the development or disposal first obtains the concurrence of the governing body whose territory contains the land described for development or disposal that the proposed development or disposal is consistent with the plans and projects described in subsection 1 of NAC 321.180.
Nevada Administrative Code › Chapter 321 - Administration, Control and Sale of State Lands › DEVELOPMENT IN FORT MOHAVE VALLEY › Section 321.200 - Publication and distribution of notice soliciting proposals for development

Current through June 11, 2024
The Executive Director shall:
1. Publish a notice soliciting proposals as directed by the Commission in its resolution; and
2. Send the notice directly to any person who has submitted a proposal to the Commission for a similar type of development within 1 year before the date of the resolution.
Added to NAC by Colorado River Comm'n, eff. 7-28-86; A by R219-99, 5-16-2000
NRS 538.201
; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009