NAC527.340. Granting, denial, revocation or amendment by Division; request for reconsideration by applicant; decision of State Forester; notification; further reconsideration; final decision by Director.

     1. Within 30 days after receiving an application containing the information the Division deems necessary to determine whether or not the issuance of a permit will be consistent with the purposes of NRS 527.260 to 527.300, inclusive, including, without limitation, all additional or supplementary information requested by the Division, the Division shall notify an applicant in writing that the Division has:

     (a) Granted the permit;

     (b) Granted the permit subject to additional conditions, including, without limitation, establishing a management area; or

     (c) Denied the permit.

     2. The Division shall include the reasons for the granting or denial of a permit in the written notification to the applicant. If the Division grants a permit subject to additional conditions, the additional conditions imposed on the permit must be included in the written notification.

     3. Except as otherwise provided in this section, the revocation or amendment of a permit is solely within the discretion of the Division.

     4. An applicant may request reconsideration from the State Forester of the denial or granting of a permit by the Division under additional conditions by filing a request within 30 days after receiving notification pursuant to subsection 1. The request for reconsideration must state the objections of the applicant to the decision of the Division and the reasons for such objections, and may include supporting documentation.

     5. The review of a request for reconsideration by the State Forester must be limited to:

     (a) The decision of the Division and reasons of the Division making such a decision;

     (b) The application for the permit, and any additional or supplementary information provided by the applicant pursuant to the request of the Division;

     (c) The written request of the applicant for reconsideration of the decision of the Division;

     (d) Documentation provided by the applicant supporting the objections of the applicant, if any;

     (e) Comments of the Nevada Natural Heritage Program regarding the application, if any;

     (f) Comments from the public regarding the application, if any; and

     (g) All other information or material submitted to the Division by the applicant or received by the Division during the review of the application by the Division.

     6. The State Forester will notify the applicant in writing of his or her decision to uphold, deny or revise the decision of the Division within 30 days after the State Forester receives the request for reconsideration from the applicant.

     7. The applicant may seek further reconsideration of a denied application for a permit from the Director by filing a written request within 15 days after the date of the decision of the State Forester pursuant to subsection 6. A review of the written request for further reconsideration by the Director must be limited to the material reviewed by the State Forester. The Director shall notify the permittee in writing of his or her decision to uphold, deny or revise the decision of the State Forester within 30 days after the request for further reconsideration is filed with the Director.

     8. The decision of the Director is final and not subject to judicial review.

     (Added to NAC by St. Forester Firewarden by R056-01, eff. 11-1-2001)