NRS 360.950 Consideration of application by Office of Economic Development; notice of application to certain local governmental entities; designation of representative of certain local governmental entities; public meeting required; requirements for notice of public meeting; approval of application; submission of information to Office; confidentiality of information contained in application and certain communications. [Effective through June 30, 2036.]

1,561 words·~7 min read·/nv/chapter-360-general-provisions/360-950

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. If the Office of Economic Development receives an application pursuant to NRS 360.945 , the Office:

(a)Shall, not later than 15 days after receiving the application, provide notice of the application to the governing body of each county in which the project will be located, the governing body of any city in which the project will be located and the governing body of any fire protection district in which the project will be located. Not later than 15 days before any public meeting at which the Office will take action on the application, the governing body of each county, city and fire protection district that received notice of the application pursuant to this paragraph may designate a representative of the governing body, who may be a member of the governing body or an employee of the county, city or fire protection district, as applicable, to engage directly with the Office on matters concerning the application and to provide comment to the Office on the application. Notwithstanding the provisions of subsections 5 and 7 and except as otherwise provided in this paragraph, upon the request of a representative designated pursuant to this paragraph, the Office shall disclose to the representative the information contained in the application. Before receiving any information contained in the application, the representative designated pursuant to this paragraph who requested the information must sign a nondisclosure agreement prohibiting the representative from disclosing any information contained in the application to any person other than a person to whom disclosure of the information contained in the application is authorized pursuant to subsection 5 or 7.

(b)Except as otherwise provided in this paragraph, shall not consider the application unless the Office has requested and received a letter of acknowledgment of the request for an abatement from any county, school district, fire protection district, city or town which the Office determines may experience a direct economic effect as a result of the abatement. If, within 30 days of sending a request for a letter of acknowledgment from an entity from which the Office is required to request such a letter, the Office has not received the letter of acknowledgment, the Office may consider the application without receiving the letter of acknowledgment. If the governing body of the county, city or fire protection district wishes to require the lead participant in the project to enter into an agreement pursuant to paragraph

(o)of subsection 2 of NRS 360.945 , the county, city or fire protection district must state in the letter of acknowledgment that such an agreement will be required and that the cost of local government services and infrastructure necessary to serve the qualified project cannot be recovered through a special use permit or other cost-sharing mechanism available under chapter 278 of NRS.

(c)Shall not take any action on the application unless the Office takes that action at a public meeting conducted for that purpose.

(d)Shall, at least 30 days before any public meeting conducted for the purpose of taking any action on the application, provide notice of the application and the date, time and location of the public meeting at which the Office will consider the application to:

(1)Each participant in the project;

(2)The Department;

(3)The Nevada Gaming Control Board;

(4)The governing body of the county, the board of trustees of the school district, the governing body of the fire protection district and the governing body of the city or town, if any, in which the project will be located;

(5)The governing body of any other political subdivision that the Office determines could experience a direct economic effect as a result of the abatement; and

(6)The general public.

2. The date of the public meeting to consider an application submitted pursuant to NRS 360.945 must be not later than 60 days after the date on which the Office receives the completed application.

3. The Office shall approve an application submitted pursuant to NRS 360.945 if the Office finds that the project is a qualified project. The Office shall issue a decision on the application not later than 30 days after the conclusion of the public meeting on the application.

4. The lead participant in a qualified project shall submit all accountings and other required information to the Office and the Department not later than 30 days after a date specified in the decision issued by the Office. If the Office or the Department determines that information submitted pursuant to this subsection is incomplete, the lead participant shall, not later than 30 days after receiving notice that the information is incomplete, provide to the Office or the Department, as applicable, all additional information required by the Office or the Department.

5. Until the Office of Economic Development provides notice of the application and the public meeting pursuant to paragraph

(d)of subsection 1, the information contained in the application provided to the Office of Economic Development:

(a)Is confidential proprietary information of the business;

(b)Is not a public record; and

(c)Except as otherwise provided in this paragraph, must not be disclosed to any person who is not an officer or employee of the Office of Economic Development unless the lead participant consents to the disclosure. The information contained in the application provided to the Office of Economic Development may be disclosed to any of the following persons:

(1)A representative of the governing body of a county, city or fire protection district who was designated pursuant to paragraph

(a)of subsection 1 and has signed a nondisclosure agreement prohibiting the representative from disclosing any information contained in the application to any person, except as authorized by this subsection.

(2)An officer or employee of a county, city or fire protection district that has designated a representative pursuant to paragraph

(a)of subsection 1 if the officer or employee has signed a nondisclosure agreement prohibiting the officer or employee from disclosing any information contained in the application, except as authorized by this subsection.

6. After the Office provides notice of the application and the public meeting pursuant to paragraph

(d)of subsection 1:

(a)The application is a public record; and

(b)Upon request by any person, the Executive Director of the Office shall disclose the application to the person who made the request, except for any information in the application that is protected from disclosure pursuant to subsection 7.

7. Before the Executive Director of the Office discloses the application to the public, the lead participant may submit a request to the Executive Director of the Office to protect from disclosure any information in the application which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business. After consulting with the business, the Executive Director of the Office shall determine whether to protect the information from disclosure.

The decision of the Executive Director of the Office is final and is not subject to judicial review. If the Executive Director of the Office determines to protect the information from disclosure, the protected information:

(a)Is confidential proprietary information of the business;

(b)Is not a public record;

(c)Must be redacted by the Executive Director of the Office from any copy of the application that is disclosed to the public; and

(d)Except as otherwise provided in this paragraph, must not be disclosed to any person who is not an officer or employee of the Office of Economic Development unless the lead participant consents to the disclosure. The information contained in the application provided to the Office of Economic Development may be disclosed to any of the following persons:

(1)A representative of the governing body of a county, city or fire protection district who was designated pursuant to paragraph

(2)An officer or employee of a county, city or fire protection district that has designated a representative pursuant to paragraph

8. The records, files and communications exchanged between the lead participant in a project and a county, city or fire protection district for the purpose of negotiating and entering into a nondisclosure agreement pursuant to subsection 1, 5 or 7 are confidential, not a public record and must not be disclosed to any person who is not an officer or employee of the county, city or fire protection district, unless the lead participant consents to the disclosure. Notwithstanding the provisions of this subsection, a meeting of the governing body of a city, county or fire protection district to approve an agreement pursuant to subsection 1, 5 or 7 must be conducted in accordance with the provisions of chapter 241 of NRS.