NAC354.078. Notice of intent to transfer function; preparation and approval of transfer plan or intergovernmental agreement.

Before transferring a function from a state agency to a local government, from a local government to a state agency or from a local government to another local government:

     1. Except as otherwise provided in this subsection, notice of the intent to transfer the function must be provided to the affected entities:

     (a) If the transfer is from a state agency to a local government or from a local government to a state agency, not less than 30 days before September 1 of an even-numbered year, unless a different period of notification is required by a statute or by contractual agreement; or

     (b) If the transfer is from a local government to another local government, not less than 180 days before the effective date of the transfer, unless a different period of notification is required by a statute or by contractual agreement.

Ê The affected entities may, by mutual agreement, waive the notice otherwise required by this subsection.

     2. If the affected entities:

     (a) Do not agree to waive the notice required by subsection 1, the affected entities must jointly prepare a transfer plan for the transfer in accordance with the provisions of NAC 354.080 to 354.088, inclusive; or

     (b) Agree to waive the notice required by subsection 1, the affected entities must jointly prepare an intergovernmental agreement for the transfer in accordance with the provisions of NAC 354.084, 354.086 and 354.088.

     3. Each of the affected entities must approve the transfer plan or intergovernmental agreement at a public hearing held in accordance with the provisions of NAC 354.088.

     (Added to NAC by Com. on Local Gov’t Finance by R012-10, eff. 6-30-2010)