Nac: Chapter 414 - Emergency Management

Link to law: http://www.leg.state.nv.us/nac/NAC-414.html
Published: 2015

[Rev. 11/21/2013 4:27:40

PM--2013]



[NAC-414 Revised Date: 6-03]

CHAPTER 414 - EMERGENCY MANAGEMENT

GENERAL PROVISIONS

414.010            Definitions.

414.015            “Disaster” defined.

414.020            “Division” defined.

414.025            “Emergency” defined.

414.030            “Emergency Assistance Account”

defined.

414.035            “Political subdivision” defined.

414.040            “Preliminary damage assessment”

defined.

414.045            “Project” defined.

EMERGENCY ASSISTANCE ACCOUNT

414.100            Use and distribution of money in

Account.

414.105            Application for assistance: General

requirements.

414.110            Application for assistance: Duties

of Division upon receipt.

414.115            Allocation and expenditure of money

for emergency or disaster.

414.120            Allocation and expenditure of money

pursuant to subsection 4 of NRS

414.135.

414.125            Completion of project: General

requirements.

414.130            Payments from Account on basis of

reimbursement or advance funding.

414.135            Requests for reimbursement from

Account.

414.140            Applicant to reimburse Account from

certain money received.

 

GENERAL PROVISIONS

      NAC 414.010  Definitions. (NRS 414.135)  As used

in NAC 414.010 to 414.140,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 414.015 to 414.045,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.015  “Disaster” defined. (NRS

414.135)  “Disaster”

has the meaning ascribed to it in NRS

414.0335.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.020  “Division” defined. (NRS

414.135)  “Division”

means the Division of Emergency Management of the Department of Public Safety.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.025  “Emergency” defined. (NRS

414.135)  “Emergency”

has the meaning ascribed to it in NRS

414.0345.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.030  “Emergency Assistance Account” defined. (NRS 414.135)  “Emergency

Assistance Account” means the Emergency Assistance Account created by NRS 414.135.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.035  “Political subdivision” defined. (NRS

414.135)  “Political

subdivision” has the meaning ascribed to it in NRS 414.038.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.040  “Preliminary damage assessment” defined. (NRS 414.135)  “Preliminary

damage assessment” means:

     1.  A determination of the extent of damage

caused by a natural, technological or man-made emergency or disaster; and

     2.  An estimation of the amount of financial

assistance and payments for the deployment of physical resources needed to

repair the damages.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.045  “Project” defined. (NRS

414.135)  “Project”

means any effort to provide a satisfactory remedy to a natural, technological

or man-made emergency or disaster.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

EMERGENCY ASSISTANCE ACCOUNT

      NAC 414.100  Use and distribution of money in Account. (NRS 414.135)

     1.  Pursuant to paragraph (a) of subsection 3

of NRS 414.135, all money in the

Emergency Assistance Account must be expended to provide supplemental emergency

assistance to this state or to political subdivisions in this state that are

severely and adversely affected by a natural, technological or man-made

emergency or disaster in the form of financial assistance or payment for the

deployment of physical resources.

     2.  Pursuant to paragraph (b) of subsection 3

of NRS 414.135, money in the

Account will be used to pay the actual expenses incurred by the Division for

administration during a natural, technological or man-made emergency or

disaster, including those costs necessary for the activation and continued

operation of an official center for emergency operations.

     3.  The Division will use the money in the

Emergency Assistance Account to reimburse a state agency that has contributed

financial assistance or payments for the deployment of physical resources for

costs exceeding their budgetary capabilities.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.105  Application for assistance: General requirements. (NRS 414.135)

     1.  Except as otherwise provided in

subsection 3, a state agency or political subdivision that seeks assistance

from the Emergency Assistance Account for an emergency or disaster must submit,

in writing, an application for assistance to the Division in accordance with

the requirements for the application set forth in this section.

     2.  A state agency or county submitting an

application for assistance from the Emergency Assistance Account must submit

the application for assistance directly to the Division.

     3.  Before a city may submit an application

to the Division for assistance from the Emergency Assistance Account, the city

must apply for any available assistance from the county in which the city is

located.

     4.  An application for assistance from the

Emergency Assistance Account for an emergency or disaster must be received by

the Division:

     (a) Within 30 days after the determination of an

emergency or disaster, if the applicant is a state agency or county; or

     (b) Within 45 days after the determination of an

emergency or disaster, if the applicant is a city.

     5.  Each application for assistance from the

Emergency Assistance Account must include the following:

     (a) A copy of the declaration of emergency or

disaster.

     (b) Any official report of a governmental entity

concerning any actual or potential threat to the life, health, safety or

property of persons in this state.

     (c) Any professional reports or certifications

supporting the existence of an emergency or disaster.

     (d) Any preliminary damage assessment conducted:

          (1) If the applicant is a state agency, by

officials of the agency and a preliminary damage assessment team deployed by

the Division to arrive at a consensus pertaining to the preliminary damage

assessment; or

          (2) If the applicant is a political

subdivision, by a preliminary damage assessment team.

     (e) A full disclosure of the financial records of

the applicant for a determination of the financial need of the applicant by the

Division.

     (f) A certification that the existing financial or

physical resources of the applicant are insufficient and no other funding

sources are available to support all the estimated costs in providing a

satisfactory remedy to the emergency or disaster. Such a certification from a

state agency must be submitted by the Budget Division of the Department of

Administration.

     (g) A certification that all other available

resources have been exhausted, including, without limitation, interlocal

agreements, mutual aid agreements and private resources.

     (h) A description of all the projects to be paid,

in whole or in part, by any allocation from the Emergency Assistance Account.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.110  Application for assistance: Duties of Division upon receipt. (NRS 414.135)  Upon the

receipt of an application for assistance from the Emergency Assistance Account,

the Division will:

     1.  Verify the declaration of emergency or

disaster.

     2.  Verify that the emergency or disaster

meets the criteria as to a threat to the life, safety, health or property of

persons in this state.

     3.  Review any professional reports or

certifications supporting the existence of an emergency or disaster.

     4.  If the applicant is a state agency and a

preliminary damage assessment team has not been deployed before application is

made, appoint a preliminary damage assessment team to work with officials from

the agency to conduct a preliminary damage assessment.

     5.  Review the financial records of the

applicant for a determination that the applicant has exhausted or will exhaust

the existing financial or physical resources as a result of the emergency or

disaster.

     6.  Review the certification of financial

need submitted by the applicant.

     7.  Verify that the applicant has exhausted

all other available resources.

     8.  Review the projects submitted for

approval by the Division.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.115  Allocation and expenditure of money for emergency or disaster. (NRS 414.135)

     1.  Except as otherwise provided in

subsection 2, an allocation from the Emergency Assistance Account for an

emergency or disaster must be expended within 60 days after the approval of the

allocation by the Division, unless such time is extended by the Division based

upon a showing of good cause by the requesting entity.

     2.  An allocation for a project that the

Division reasonably determines to be a long-term project pertaining to the

health or safety of human life must be expended within the fiscal year in which

the allocation is approved by the Division, unless such time is extended by the

Division based upon a showing of good cause by the requesting entity.

     3.  A request for an extension of the time in

which an allocation is required to be expended must be submitted to the

Division in writing and approved by the Division before the expiration of the

period in which the allocation is required to be expended pursuant to this

section.

     4.  Any money advanced but not expended

within the period required pursuant to this section must be returned to the

Emergency Assistance Account. Any money returned or obligated but not expended

within the period required pursuant to this section will be made available for

reallocation.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.120  Allocation and expenditure of money pursuant to subsection 4 of NRS 414.135. (NRS 414.135)

     1.  A state agency or political subdivision

that seeks an allocation of money pursuant to subsection 4 of NRS 414.135 must submit, in writing,

an application to the Division.

     2.  Any money allocated from the Emergency

Assistance Account pursuant to subsection 4 of NRS 414.135 must be expended within

60 days after the approval of the allocation by the Division, unless such time

is extended by the Division based upon a showing of good cause by the

requesting entity.

     3.  A request for an extension of the time in

which an allocation is required to be expended must be submitted to the

Division in writing and approved by the Division before the expiration of the

period in which the allocation is required to be expended pursuant to this

section.

     4.  Any money advanced but not expended

within the period required pursuant to this section must be returned to the

Emergency Assistance Account. Any money returned or obligated but not expended

within the period required pursuant to this section will be made available for

reallocation.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.125  Completion of project: General requirements. (NRS 414.135)

     1.  Each project must be completed within 90

days after the date the application was approved by the Division, unless such

time is extended by the Division based upon a showing of good cause by the

requesting entity.

     2.  A request for an extension of time to

complete a project must be submitted to the Division in writing and approved by

the Division before the expiration of the period required pursuant to

subsection 1.

     3.  If the period authorized for completion

of a project is more than 90 days or is extended to more than 90 days, the

applicant shall submit quarterly reports of each project to the Division. Every

applicant shall submit a final report of each project to the Division not later

than 30 days after the end of the period authorized to complete the project.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.130  Payments from Account on basis of reimbursement or advance

funding. (NRS 414.135)

     1.  Except as otherwise provided in this

section, all payments from the Emergency Assistance Account must be made on the

basis of reimbursement.

     2.  Assistance will be provided from the

Emergency Assistance Account on a basis of advance funding only if:

     (a) The applicant is unable to begin recovery from

the emergency or disaster without advance funding; and

     (b) The amounts budgeted by the applicant for an

emergency or disaster are not sufficient to support the purchase of equipment

or supplies.

     3.  Advance funding will be provided at a

maximum of 25 percent of the total cost of the project. Progressive advances

will be provided based on the percentage of the project that has been completed

and the submission of documentation evidencing all costs incurred to date.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.135  Requests for reimbursement from Account. (NRS 414.135)  An

applicant submitting a final request for reimbursement shall submit

documentation evidencing all costs incurred for the project not later than 60

days after the completion of the project. An applicant may submit periodic

requests for reimbursement during a project that the Division determined to be

a long-term project pursuant to NAC 414.115. Upon

the receipt of a request for reimbursement, the Division will:

     1.  Review the eligibility of the project

costs for money from the Emergency Assistance Account;

     2.  Require documentation evidencing all

costs claimed on the request for reimbursement;

     3.  Verify the availability of money approved

for the project; and

     4.  Process any claim that has been approved

by the Division for payment to the applicant.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)

      NAC 414.140  Applicant to reimburse Account from certain money received. (NRS 414.135)  An

applicant receiving money from the Emergency Assistance Account shall reimburse

the Emergency Assistance Account from any money the applicant receives from:

     1.  Any federal, state or local governmental

agency or private source for the emergency or disaster;

     2.  Legal action taken against any person or

entity responsible for the emergency or disaster; or

     3.  Payments received as a result of coverage

from a policy of insurance relating to the emergency or disaster,

not later than 30 days after the applicant receives such

money.

     (Added to NAC by Div. of Emergency Mgt. by R202-01,

eff. 4-24-2003)
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