NAC439A.515. Reconsideration of decisions.

     1. Any person:

     (a) Who is the subject of a letter of disapproval;

     (b) Whose project has been determined to be subject to review pursuant to NAC 439A.315; or

     (c) Whose letter of approval has been withdrawn pursuant to NAC 439A.505,

Ê may request reconsideration of the decision.

     2. A request for reconsideration will be considered by the Director only if:

     (a) It is submitted in writing within 30 days after the first date of publication in a newspaper of general circulation the notice of the decision for which the reconsideration is being requested; and

     (b) It contains sufficient and adequate documentation of good cause for a reconsideration, which is limited to:

          (1) The presentation of significant information relevant to a material issue which was not previously considered by the Director and which, with reasonable diligence, could not have been presented to the Director before the conclusion of the public hearing;

          (2) A significant change in a factor or circumstance relied upon by the Director in reaching the decision; or

          (3) A showing that the Department has materially failed to follow its procedures in reaching the decision.

     3. The Director will, within 15 days after receipt of a request for reconsideration, determine whether good cause is shown as required under subsection 2.

     4. If the request for reconsideration is denied, the Director will issue a letter to the person requesting the reconsideration stating the reasons for denial.

     5. If the request for reconsideration is granted, the affected decision is set aside and the Director will issue a letter to the person requesting the reconsideration and the applicant or holder of the letter of approval stating the reasons for granting the request.

     6. If the Director requests additional information in the letter issued pursuant to subsection 5, the person receiving the request has 15 days from the date of receipt to submit the information requested.

     7. The Department will, within 15 days after the date on which reconsideration is granted, schedule and give public notice of a public hearing.

     8. The public hearing may be waived upon a written request by the applicant or holder of the letter of approval if:

     (a) The applicant or holder of the letter of approval is the only person requesting reconsideration; and

     (b) The sole ground for the reconsideration is that the Department failed to follow the adopted procedures.

Ê If the public hearing is waived pursuant to this subsection, public notice of the reconsideration will be given.

     9. The person requesting reconsideration shall appear at the public hearing personally or by a representative. If that person fails to appear, the hearing will not be held and the decision for which reconsideration was requested will be reinstated.

     10. The decision of the Director will be issued to the applicant or holder of a letter of approval in a letter signed by the Director stating the reasons for the decision, together with written findings of fact, within 30 days after:

     (a) The close of the public hearing; or

     (b) The date of the granting of the request for reconsideration if the public hearing is waived pursuant to subsection 8.

     11. The Director will give public notice of the decision upon reconsideration.

     12. The decision of the Director upon reconsideration supersedes the original decision.

     (Added to NAC by Dep’t of Human Resources, eff. 9-4-84; A 3-6-86; 11-10-87)