Section 408.4402 - Approval or denial of application; written notice of reasons for denial; report concerning status of application; periods for review by Department to assure compliance with applicable provisions1. Except as otherwise provided in subsection 2, the Department will approve or deny an application for an occupancy permit in writing within 90 days after it receives a substantially completed application. If the Department denies the application for an occupancy permit, the Department will send a written notice to the provider of telecommunications or community antenna television company that sets forth the reasons for the denial.2. The Department will provide to the provider of telecommunications or community antenna television company a written report concerning the status of its application within 45 days after it receives the application. If the telecommunications facility is a significant project, the Department will, in lieu of approving or denying the application within 90 days, provide to the provider or company a written report concerning the status of its application within 90 days after the Department receives the application, and include a statement that the Department will require additional time to complete the review of the application. The Department will extend the periods for review prescribed by this section if additional information is required.3. In determining whether or not to grant an occupancy permit, the Department will review the application to assure compliance with all applicable provisions of: (a) NAC 408.403 to 408.419, inclusive;(b) NAC 408.447 to 408.459, inclusive;(c) NAC 408.467 and 408.469;(d) NAC 408.438 to 408.4424, inclusive;(e)NRS 408.5501 to 408.55029, inclusive, and sections 3 to 9, inclusive, of this regulation;(f) Any applicable federal or state laws, including obtaining any required approvals from federal agencies or state agencies, other than the Department;(g) Any required approvals by local governments, which may include a public hearing process for a telecommunications facility that is more than 8 feet in height; and(h) Applicable Department standards relating to underground and overhead utilities.Nev. Admin. Code § 408.4402
Added to NAC by Dep't of Transportation by R082-01, eff. 11-1-2001; A by R155-18A, eff. 12/17/2019