Nevada Code § 231.3731

Duty of lead participant in qualified project to provide records to verify eligibility for matching funds; repayment of matching funds; revocation or suspension of state business registration of lead participant; material underperformance of project; transfer of facility that ceases to operate or files for bankruptcy protection
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1. The lead participant of a qualified
project shall, upon the request of the Office of Economic Development, furnish
the Office with copies of all records necessary to verify that the qualified
project meets or has met the eligibility requirements for state matching funds
issued pursuant to NRS 231.3711 to 231.3737 , inclusive.
2. The lead participant shall repay to the
State Treasurer, as applicable, any portion of the matching funds to which the
lead participant is not entitled if:
(a) The participants in the qualified project
collectively fail to make the investment in this State necessary to support the
determination by the Office that the project is a qualified project;
(b) The lead participant submits any false
statement, representation or certification in any document submitted for the
purpose of obtaining matching funds;
(c) The lead participant otherwise becomes
ineligible for matching funds after receiving the matching funds pursuant to NRS 231.3711 to 231.3737 , inclusive; or
(d) The lead participant ceases operation within
30 years of having received the last installment of matching funds pursuant to NRS 231.3711 to 231.3737 , inclusive.
3. The Secretary of State may, upon
application by the Executive Director, revoke or suspend the state business registration
of the lead participant in a qualified project which is required to repay any
portion of the matching funds allocated pursuant to subsection 2. If the state
business registration of the lead participant in a qualified project is
suspended or revoked pursuant to this subsection, the Secretary of State shall
provide written notice of the action to the lead participant. The Secretary of
State shall not reinstate a state business registration suspended pursuant to
this subsection or issue a new state business registration to the lead
participant whose state business registration has been revoked pursuant to this
subsection unless the Executive Director provides proof satisfactory to the
Secretary of State that the lead participant is in compliance with the
requirements of this section governing repayment.
4. In the event the Executive Director
determines that the project is materially underperforming based on the reports
provided by the lead participant pursuant to paragraph (r) of subsection 3 of NRS 231.3725 , the Executive Director may:
(a) Require that the lead participant review,
revise and submit any element of the application submitted pursuant to
subsection 3 of NRS 231.3725 ;
(b) Request operating recommendations for
improvement from the technical advisory committee created pursuant to paragraph
(g) of subsection 4 of NRS 231.3727 ;
(c) Request that the lead participant retain a
subject matter expert to address the identified areas of underperformance; or
(d) Any combination of paragraphs (a), (b) and
(c).
5. In the event the project ceases to
operate pursuant to subsection 2 or files for bankruptcy protection under any
chapter of Title 11 of United States Code after having received matching funds
pursuant to NRS 231.3711 to 231.3737 , inclusive, the facility,
including the underlying land and any personal property necessary for the
operations of the facility, shall be transferred to the incorporated city in
which any part of the facility exists. If the facility does not exist in an
incorporated city, it shall be transferred to the county in which the facility
exists. Such transfer shall be made at no cost to the city or county, and the
city or county may determine, at its sole discretion, whether to operate the
facility in whole or in part or otherwise close, modify or sell the facility
and any related assets.

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