NAC701A.240. Submission of required proof or application for extension; issuance and contents of certificate of eligibility or certificate of ineligibility; effective date of abatement.

     1. Within 48 months after an application for a partial tax abatement is submitted to the Director pursuant to NAC 701A.220, or within such time as the Director, for good cause shown, extends the deadline, the applicant must submit to the Director:

     (a) Proof that the building or other structure:

          (1) Meets the silver level or higher of the LEED Green Building Rating System adopted by the Director pursuant to NAC 701A.200; or

          (2) Obtains a rating of two globes or higher under a Green Globes standard adopted by the Director pursuant to NAC 701A.213; or

     (b) An application to extend the period for providing such proof.

     2. If an applicant has not submitted the proof or an application for extension required by subsection 1, the Director will consider the application abandoned and notify the:

     (a) Applicant;

     (b) Chief of the Budget Division of the Department of Administration;

     (c) Department of Taxation;

     (d) County assessor;

     (e) County treasurer;

     (f) Board of county commissioners;

     (g) City manager and city council, if any; and

     (h) Office of Economic Development.

     3. If the Director, after reviewing the proof submitted by the applicant pursuant to subsection 1, concludes that the building or other structure is eligible for a partial tax abatement, the Director will, not later than 120 days after receiving that proof, issue a certificate of eligibility for the abatement and provide a copy to the:

     (a) Applicant;

     (b) Chief of the Budget Division of the Department of Administration;

     (c) Department of Taxation;

     (d) County assessor;

     (e) County treasurer;

     (f) Board of county commissioners;

     (g) City manager and city council, if any; and

     (h) Office of Economic Development.

     4. The certificate of eligibility will include the duration and annual percentage of the partial tax abatement as provided in NAC 701A.280 and subsection 5 of NRS 701A.110, and identify each building or other structure to which the abatement should be applied. The Director may indicate that the abatement should be applied to an ancillary structure if the ancillary structure was specified in the application. The Director will include as part of the certificate of eligibility his or her findings of fact, conclusions of law and order explaining the reasons for issuing the certificate.

     5. If the Director, after reviewing the proof submitted by the applicant pursuant to subsection 1, concludes that the building or other structure is not eligible for a partial tax abatement, the Director will, not later than 120 days after receiving that proof, issue a certificate of ineligibility for the abatement and provide a copy to the:

     (a) Applicant;

     (b) Chief of the Budget Division of the Department of Administration;

     (c) Department of Taxation;

     (d) County assessor;

     (e) County treasurer;

     (f) Board of county commissioners;

     (g) City manager and city council, if any; and

     (h) Office of Economic Development.

Ê The Director will include as part of the certificate of ineligibility his or her findings of fact, conclusions of law and order explaining the reasons for issuing the certificate of ineligibility.

     6. If a certificate of eligibility is issued:

     (a) On or after July 1 and on or before March 31 of a fiscal year, the abatement becomes effective on July 1 of the immediately following fiscal year. The Director will not issue a certificate of eligibility on or before March 31 of a fiscal year with respect to an application that is not submitted to the Director on or before February 1 of that fiscal year.

     (b) On or after April 1 and on or before June 30 of a fiscal year, the abatement becomes effective on July 1 of the fiscal year next following the immediately following fiscal year.

     7. A certificate of eligibility or a certificate of ineligibility issued pursuant to this section is a final order of the Director for purposes of judicial review.

     (Added to NAC by Office of Energy by R116-07, eff. 12-4-2007; A by R127-13, 6-23-2014)