Nev. Rev. Stat. § 360.755 — Abatement of certain taxes imposed on new or expanded businesses: Agreement to allow audits of business by Department; disclosure of information in audit report; protection of certain information from disclosure

NRS  360.755    Abatement of certain taxes imposed on new or expanded
businesses: Agreement to allow audits of business by Department; disclosure of
information in audit report; protection of certain information from disclosure.
1.  If the Office of Economic Development
approves an application by a business for an abatement of taxes pursuant to NRS 360.950 or a partial abatement pursuant
to NRS 360.750 , 360.753 , 360.754
or 360.890 , the agreement with the
Office must provide that the business:
(a) Agrees to allow the Department to conduct
audits of the business to determine whether the business is in full compliance
with the requirements for the abatement or partial abatement; and
(b) Consents to the disclosure of the audit
reports in the manner set forth in this section.
2.  If the Department conducts an audit of
the business to determine whether the business is in full compliance with the
requirements for the abatement or partial abatement, the Department shall, upon
request, provide the audit report to the Office of Economic Development.
3.  Until the business has exhausted all
appeals to the Department and the Nevada Tax Commission relating to the audit,
the information contained in the audit report provided to the Office of
Economic Development:
(a) Is confidential proprietary information of
the business;
(b) Is not a public record; and
(c) Must not be disclosed to any person who is
not an officer or employee of the Office of Economic Development unless the
business consents to the disclosure.
4.  After the business has exhausted all
appeals to the Department and the Nevada Tax Commission relating to the audit:
(a) The audit report provided to the Office of
Economic Development is a public record; and
(b) Upon request by any person, the Executive
Director of the Office of Economic Development shall disclose the audit report
to the person who made the request, except for any information in the audit
report that is protected from disclosure pursuant to subsection 5.
5.  Before the Executive Director of the
Office of Economic Development discloses the audit report to the public, the
business may submit a request to the Executive Director to protect from
disclosure any information in the audit report 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 shall determine whether to protect the information from disclosure.
The decision of the Executive Director is final and is not subject to judicial
review. If the Executive Director 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
from any audit report that is disclosed to the public; and
(d) Must not be disclosed to any person who is
not an officer or employee of the Office of Economic Development unless the
business consents to the disclosure.