NAC439A.595. Burden of proof; applicability.

     1. The applicant for a letter of approval has the burden of proof to satisfy all applicable criteria for review contained in NAC 439A.605 to 439A.637, inclusive.

     2. A finding that the applicant has failed to meet its burden of proof regarding an applicable criterion will be made if:

     (a) The applicant fails to provide sufficient, relevant, demonstrative evidence for a favorable determination; or

     (b) The evidence on the record opposing the application outweighs the evidence in support of the application regarding the criterion.

     3. The criteria for review are applicable to a proposed project if the project includes the construction or establishment of a facility to provide health services, except for a facility which will be used solely for the offices of practitioners of health care.

     4. If an application is denied on the basis of these criteria, the written findings of fact must clearly state the reason for that denial.

     (Added to NAC by Dep’t of Human Resources, eff. 9-4-84; A 3-6-86; 11-10-87; 1-2-90; 10-14-97)