NAC439A.475. Extension of approved timetable.

     1. A letter of approval is subject to withdrawal pursuant to NAC 439A.505 if the approved timetable is not met by the holder of the letter of approval, unless an extension is granted by the Department pursuant to this section.

     2. An extension will be granted only if the applicant manifests an intention to complete the project and demonstrates that good and sufficient reasons exist for its failure to meet the timetable. Good and sufficient reasons include delays caused by:

     (a) Litigation;

     (b) The actions of a regulatory agency other than the Department; or

     (c) An event determined by the Department to be beyond the control of the holder of the letter of approval.

     3. Except as otherwise provided in subsection 4, a request for an extension must be submitted to the Department at least 90 days before the required date of completion of the project. The request must contain information setting forth the reasons for noncompliance with the timetable and the extent of the progress toward completion of the project.

     4. A request for an extension of a letter of approval which is submitted less than 90 days before the required date of completion of the project will not be accepted unless the applicant can demonstrate to the satisfaction of the Department that unforeseen occurrences prevented a timely submission.

     5. Within 20 working days after receipt of the request, the Director will determine whether or not to grant an extension.

     6. If the decision is to grant an extension, the Director will issue a letter of extension to the holder of the letter of approval, which will contain:

     (a) The reasons for granting the extension; and

     (b) A revised timetable for the project, including a revised date of completion for the project.

     7. If an extension is not granted, proceedings to withdraw the letter of approval may be initiated pursuant to NAC 439A.505.

     (Added to NAC by Dep’t of Human Resources, eff. 9-4-84; A 3-6-86)