NAC: CHAPTER 414 - EMERGENCY MANAGEMENT

[Rev. 11/28/2017 2:30:20 PM]

[NAC-414 Revised Date: 11-17]

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 human-caused 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 satisfactory preparations for or a satisfactory remedy to a natural, technological or human-caused emergency or disaster.

(Added to NAC by Div. of Emergency Mgt. by R202-01, eff. 4-24-2003; A by R046-16, 6-28-2016)

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 human-caused 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 human-caused 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 or, if such a declaration is not available, a detailed explanation of the 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.

(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, if any, 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 Office of Finance.

(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; A by R046-16, 6-28-2016)

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 if provided with the application.

2. Verify that the emergency or disaster poses 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, determine if it is appropriate to appoint a preliminary damage assessment team and, if so, 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; A by R046-16, 6-28-2016)

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.

(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,

Ê 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)