NAC90.318. Request for waiver or no-action letter.

     1. A request for a waiver or no-action letter must be submitted in writing to the Office of the Administrator, accompanied by the fee set forth in NRS 90.715.

     2. Two copies of the request for a waiver or no-action letter must be filed. The request for a waiver or no-action letter must contain:

     (a) A brief summary of the statutory and regulatory provisions to which it pertains;

     (b) A detailed statement of the relevant facts;

     (c) A detailed discussion and analysis of the law as it relates to the facts;

     (d) A statement of the legal authority for granting the request;

     (e) A statement of the reasons a waiver or no-action letter is appropriate;

     (f) A statement explaining any adverse or beneficial effect upon the public interest resulting from the granting of the request;

     (g) A certification that, within the knowledge of the person on whose behalf the request is made, the transaction described is not directly or indirectly the subject of any pending judicial or administrative proceeding or, if such a proceeding is pending, a description of the proceeding;

     (h) A certification that the transaction in question has not been commenced or, if it has commenced, a statement concerning its status; and

     (i) An acknowledgment by the person on whose behalf the request is made that the request, together with any documents or information submitted and any response from the Division, is, except as otherwise provided in NRS 90.730, public information which may be released for publication.

     3. A request for a waiver or no-action letter must be limited to the particular situation involving the problem at hand and must not attempt to include every possible type of situation that may arise in the future.

     4. As used in this section, “no-action letter” has the meaning ascribed to it in NRS 90.715.

     (Added to NAC by Sec’y of State, eff. 10-16-89; A by R047-04, 5-25-2004)