[Rev. 11/21/2013 12:36:12 PM--2013]

CHAPTER 615 - VOCATIONAL REHABILITATION

NRS 615.010           Statement of purposes; construction.

NRS 615.020           Definitions.

NRS 615.023           “Administrator” defined.

NRS 615.031           “Bureau” defined.

NRS 615.040           “Construct” defined.

NRS 615.050           “Department” defined.

NRS 615.060           “Director” defined.

NRS 615.065           “Division” defined.

NRS 615.080           “Establishment of a rehabilitation facility” defined.

NRS 615.090           “Establishment of a workshop” defined.

NRS 615.100           “Gainful occupation” defined.

NRS 615.110           “Individual with a disability” defined.

NRS 615.120           “Physical or mental disability” defined.

NRS 615.130           “Substantial handicap to employment” defined.

NRS 615.140           “Vocational rehabilitation services” defined.

NRS 615.150           Administration of chapter.

NRS 615.170           Provision of vocational rehabilitation services.

NRS 615.175           Organizations that operate certain rehabilitation facilities or workshops: Requirements; audits; submission of tax information.

NRS 615.180           Powers and duties of Administrator; delegation of powers and duties.

NRS 615.190           Duties of Bureau.

NRS 615.200           Powers of Bureau.

NRS 615.205           Department to report information relating to persons with autism spectrum disorders who receive vocational rehabilitation services.

NRS 615.210           Acceptance of congressional act and federal grants.

NRS 615.220           Determination of disability.

NRS 615.230           Cooperation with Federal Government.

NRS 615.240           Compliance with requirements to receive federal money; state appropriations.

NRS 615.250           Receipt and disbursement of money; deposit of money earned by rehabilitation facilities in Account for Rehabilitation Facilities; credit of interest and income.

NRS 615.255           Rehabilitation Division Revolving Account: Creation; administration; deposits; claims; purchases.

NRS 615.260           Rehabilitation Gift Account: Investment; use of money.

NRS 615.270           Maintenance not assignable or subject to attachment, execution or other legal process.

NRS 615.280           Hearings; judicial review.

NRS 615.290           Misuse of lists or records.

NRS 615.300           Limitation on political activity.

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      NRS 615.010  Statement of purposes; construction.

      1.  The purposes of this chapter are to:

      (a) Rehabilitate individuals with disabilities so that they may prepare for and engage in gainful occupations;

      (b) Provide individuals with physical and mental disabilities with a program of services which will result in greater opportunities for them to enter more fully into the life of the community;

      (c) Promote activities which will assist individuals with disabilities to reach their fullest potential; and

      (d) Encourage and develop facilities and other resources needed by individuals with disabilities.

      2.  The provisions of this chapter shall be liberally construed to effect its stated purposes.

      (Added to NRS by 1967, 827)

      NRS 615.020  Definitions.  As used in this chapter the words and terms defined in NRS 615.023 to 615.140, inclusive, unless the context otherwise requires, have the meanings ascribed to them in those sections.

      (Added to NRS by 1967, 827; A 1973, 1401; 1991, 170; 1993, 1853; 1999, 872)

      NRS 615.023  “Administrator” defined.  “Administrator” means the Administrator of the Rehabilitation Division of the Department.

      (Added to NRS by 1999, 872)

      NRS 615.031  “Bureau” defined.  “Bureau” means the Bureau of Vocational Rehabilitation in the Division.

      (Added to NRS by 1973, 1401; A 1991, 170)

      NRS 615.040  “Construct” defined.  “Construct” includes construction of new buildings, acquisition of existing buildings and expansion, remodeling, alteration and renovation of existing buildings, and initial equipment of such new, newly acquired, expanded, remodeled, altered or renovated buildings.

      (Added to NRS by 1967, 828)

      NRS 615.050  “Department” defined.  “Department” means the Department of Employment, Training and Rehabilitation.

      (Added to NRS by 1967, 828; A 1973, 1401; 1993, 1853)

      NRS 615.060  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 1967, 828; A 1973, 1402)

      NRS 615.065  “Division” defined.  “Division” means the Rehabilitation Division of the Department.

      (Added to NRS by 1991, 169)

      NRS 615.080  “Establishment of a rehabilitation facility” defined.  “Establishment of a rehabilitation facility” means:

      1.  The expansion, remodeling or alteration of existing buildings necessary to adapt or to increase the effectiveness of such buildings for rehabilitation facility purposes;

      2.  The acquisition of initial equipment for such purposes; or

      3.  The initial staffing of a rehabilitation facility for a period not exceeding 1 year.

      (Added to NRS by 1967, 828)

      NRS 615.090  “Establishment of a workshop” defined.  “Establishment of a workshop” means:

      1.  The expansion, remodeling or alteration of existing buildings necessary to adapt such buildings to workshop purposes or to increase the employment opportunities in workshop; and

      2.  The acquisition of initial equipment necessary for new workshops or to increase the employment opportunities in workshops.

      (Added to NRS by 1967, 828)

      NRS 615.100  “Gainful occupation” defined.  “Gainful occupation” includes:

      1.  Employment in the competitive labor market;

      2.  Practice of a profession;

      3.  Self-employment;

      4.  Homemaking;

      5.  Farm or family work (including work for which payment is in kind rather than in cash);

      6.  Sheltered employment; and

      7.  Home industries or other gainful homebound work.

      (Added to NRS by 1967, 828)

      NRS 615.110  “Individual with a disability” defined.  “Individual with a disability” means:

      1.  Any individual who has a physical or mental disability which constitutes a substantial handicap to employment but which is of such a nature that vocational rehabilitation services may reasonably be expected to render the individual fit to engage in a gainful occupation, including a gainful occupation which is more consistent with the capacities and abilities of the individual.

      2.  Any individual who has a physical or mental disability which constitutes a substantial handicap to employment for whom vocational rehabilitation services are necessary for the purposes of the determination of rehabilitation potential.

      (Added to NRS by 1967, 828)

      NRS 615.120  “Physical or mental disability” defined.  “Physical or mental disability” means a physical or mental condition which materially limits, contributes to limiting or, if not corrected, will probably result in limiting an individual’s activities or functioning. It includes behavioral disorders characterized by deviant social behavior or impaired ability to carry out normal relationships with family and community which may result from vocational, educational, cultural, social, environmental or other factors.

      (Added to NRS by 1967, 828)

      NRS 615.130  “Substantial handicap to employment” defined.  “Substantial handicap to employment” means that a physical or mental disability (in the light of attendant medical, psychological, vocational, cultural, social or environmental factors) impedes an individual’s occupational performance, by preventing the individual’s obtaining, retaining or preparing for a gainful occupation consistent with the capacities and abilities of the individual.

      (Added to NRS by 1967, 828)

      NRS 615.140  “Vocational rehabilitation services” defined.  “Vocational rehabilitation services” means any goods and services necessary to render an individual with a disability fit to engage in a gainful occupation, or to determine the rehabilitation potential of the individual.

      (Added to NRS by 1967, 829)

      NRS 615.150  Administration of chapter.  The Department, through the Director, shall administer the provisions of this chapter as the sole agency of the State of Nevada for such purpose.

      (Added to NRS by 1967, 829; A 1973, 1402; 1991, 170; 1993, 1853)

      NRS 615.170  Provision of vocational rehabilitation services.  Vocational rehabilitation services shall be provided directly or through public or private resources to any individual with a disability, including any individual with a disability who is eligible under the terms of an agreement or an arrangement with another state or with the Federal Government.

      (Added to NRS by 1967, 829)

      NRS 615.175  Organizations that operate certain rehabilitation facilities or workshops: Requirements; audits; submission of tax information.  Before participating in a training or rehabilitative program of a rehabilitation facility or workshop established by the Department pursuant to this chapter and annually thereafter as a condition of participation, an organization must:

      1.  Be on file and in good standing with the Secretary of State as a nonprofit organization pursuant to title 7 of NRS;

      2.  Submit to the Department an annual audit of the financial statements of the organization that is conducted by an independent certified public accountant; and

      3.  Submit to the Department the most recent federal tax return of the organization, including, without limitation, Form 990, or its successor form, and the Schedule L and Schedule R of such return, or the successor forms of such schedules, which include an itemization of:

      (a) Any transaction during the federal tax year of the organization in which an economic benefit is provided by the organization to a director, officer or board member of the organization, or any other person who has substantial influence over the organization, and in which the value of the economic benefit provided by the organization exceeds the value of the consideration received by the organization;

      (b) Any loans to or from the organization which are received by or from a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person and which remain outstanding at the end of the federal tax year of the organization;

      (c) Any grants or other assistance from the organization during the federal tax year of the organization which benefit a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person;

      (d) Business transactions during the federal tax year of the organization between the organization and a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person which exceed, in the aggregate, $100,000, or a single business transaction that exceeds $10,000; and

      (e) All related party transactions including, without limitation, the receipt of interest, royalties, annuities or rent, the sale or purchase of assets or services, the sharing of facilities, equipment or employees, and the transfer of cash or property.

      (Added to NRS by 2011, 2130)

      NRS 615.180  Powers and duties of Administrator; delegation of powers and duties.

      1.  The Administrator shall:

      (a) Subject to the approval of the Director, adopt rules and regulations necessary to carry out the purposes of this chapter;

      (b) Establish appropriate administrative units within the Bureau;

      (c) Appoint such personnel as is necessary for the proper and efficient performance of the functions of the Bureau;

      (d) Prescribe the duties of the personnel of the Bureau;

      (e) Prepare and submit to the Governor, through the Director, before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;

      (f) Make certification for the disbursement of money available for carrying out the purposes of this chapter; and

      (g) Take such other action as may be necessary or appropriate to cooperate with public and private agencies and otherwise to carry out the purposes of this chapter.

      2.  The Administrator may delegate to any officer or employee of the Bureau such of his or her powers and duties as the Administrator finds necessary to carry out the purposes of this chapter.

      (Added to NRS by 1967, 829; A 1969, 1458; 1973, 1402; 1975, 60; 1991, 170; 1993, 1853; 1999, 872; 2005, 115)

      NRS 615.190  Duties of Bureau.  The Bureau shall:

      1.  Take action necessary or appropriate to carry out the purposes of this chapter; and

      2.  Cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of individuals with disabilities, in studying the problems involved therein, and in planning, establishing, developing and providing such programs, facilities and services as may be necessary or desirable.

      (Added to NRS by 1967, 829; A 1973, 1402)

      NRS 615.200  Powers of Bureau.  The Bureau may:

      1.  Enter into reciprocal agreements with other states, which, for this purpose, may include the District of Columbia, Puerto Rico, the United States Virgin Islands and Guam, to provide for the vocational rehabilitation of individuals within the states concerned;

      2.  Establish or construct rehabilitation facilities and workshops and make grants to, or contracts or other arrangements with, public and other nonprofit organizations for the establishment of workshops and rehabilitation facilities;

      3.  Operate facilities for carrying out the purposes of this chapter;

      4.  In matters relating to vocational rehabilitation:

      (a) Conduct research, studies, investigations and demonstrations and make reports;

      (b) Provide training and instruction, including, without limitation, the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary;

      (c) Disseminate information; and

      (d) Render technical assistance; and

      5.  Provide for the establishment, supervision, management and control of small business enterprises to be operated by persons with severe disabilities where their operation will be improved through the management and supervision of the Bureau.

      (Added to NRS by 1967, 829; A 1973, 1402; 1979, 659; 2001, 1778; 2007, 157, 180)

      NRS 615.205  Department to report information relating to persons with autism spectrum disorders who receive vocational rehabilitation services.

      1.  The Department shall report annually to the Aging and Disability Services Division of the Department of Health and Human Services information relating to persons with autism spectrum disorders who receive vocational rehabilitation services. The information must:

      (a) Be submitted in the form required by the Aging and Disability Services Division;

      (b) Include the information required by the Aging and Disability Services Division pursuant to NRS 427A.872;

      (c) Include the total number of persons with autism spectrum disorders who are receiving vocational rehabilitation services from the Division;

      (d) Include information concerning the types of vocational rehabilitation services provided to persons with autism spectrum disorders, the effectiveness of those services and the reasons for the ineffectiveness of those services, if applicable; and

      (e) Include information concerning the technical assistance and training provided to personnel of the Division who work with persons with autism spectrum disorders to improve the effectiveness of vocational rehabilitation services.

      2.  A person with autism spectrum disorder who is designated as a person with more than one physical or mental impairment or disability must be included as a person with autism spectrum disorder for the purposes of reporting information pursuant to this section.

      (Added to NRS by 2011, 2711, 2721)

      NRS 615.210  Acceptance of congressional act and federal grants.

      1.  The State of Nevada accepts the provisions and benefits of the Act of Congress entitled “An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment,” approved June 2, 1920, and as the same has been or may be amended.

      2.  In addition to the provisions of subsection 1, the Bureau is authorized to accept and direct the disbursement of funds appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with the vocational rehabilitation program.

      3.  In accepting the provisions and benefits of the Acts of Congress referred to in subsections 1 and 2, the State of Nevada agrees to observe and comply with all of their requirements.

      (Added to NRS by 1967, 830; A 1973, 1403)

      NRS 615.220  Determination of disability.

      1.  To facilitate the making of disability determinations in this state, the Department through the Division, on behalf of the State of Nevada, may enter into an agreement or agreements with the United States Government, by and through the Secretary of Health and Human Services, or any other federal agency, for the making of disability determinations, receiving and expending federal money for the making of such determinations, and performing other acts and functions necessary to effectuate the provisions of any Act of Congress, and all applicable federal regulations adopted pursuant thereto.

      2.  The Department, by and through the Division, shall make the disability determinations required by the provisions of any Act of Congress, and the State Treasurer shall disburse the money required for the making of such determinations upon claims by the Director in the same manner as other claims against the State are paid.

      (Added to NRS by 1967, 830; A 1973, 1403; 1983, 150; 1991, 170; 1993, 1854)

      NRS 615.230  Cooperation with Federal Government.

      1.  The Department through the Bureau may make agreements, arrangements or plans to:

      (a) Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to vocational rehabilitation and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements, arrangements or plans for vocational rehabilitation; and

      (b) Comply with such conditions as may be necessary to secure benefits under those federal statutes.

      2.  Upon designation by the Governor, in addition to those provided in subsection 1, the Department through the Bureau may perform functions and services for the Federal Government relating to persons under a physical or mental disability.

      (Added to NRS by 1967, 830; A 1973, 1403; 1981, 1906)

      NRS 615.240  Compliance with requirements to receive federal money; state appropriations.

      1.  The Bureau is authorized to comply with such requirements as may be necessary to obtain federal funds in the maximum amount and most advantageous proportion possible.

      2.  If federal funds are not available to the State for vocational rehabilitation purposes, the Department shall include as a part of its budget a request for adequate state funds for vocational rehabilitation purposes.

      (Added to NRS by 1967, 831; A 1973, 1404)

      NRS 615.250  Receipt and disbursement of money; deposit of money earned by rehabilitation facilities in Account for Rehabilitation Facilities; credit of interest and income.

      1.  The State Treasurer is designated as custodian of all money received from the Federal Government for carrying out the purposes of this chapter or any agreements, arrangements or plans authorized thereby.

      2.  The State Treasurer shall make disbursements from that money and from all state money available for the purposes of this chapter upon certification by the designated official of the Bureau.

      3.  All money earned by the rehabilitation facilities of the Bureau from contracts to provide work to train persons with disabilities must be deposited in the Account for Rehabilitation Facilities in the State General Fund.

      4.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      (Added to NRS by 1967, 831; A 1973, 1404; 1985, 42)

      NRS 615.255  Rehabilitation Division Revolving Account: Creation; administration; deposits; claims; purchases.

      1.  There is hereby created the Rehabilitation Division Revolving Account in an amount not to exceed $90,000. The money in the Revolving Account may be used for the payment of claims of:

      (a) Applicants for or recipients of services from:

             (1) The Bureau of Vocational Rehabilitation, including, without limitation, the rehabilitation facilities described in subsection 2 of NRS 615.200; and

             (2) The Bureau of Services to Persons Who Are Blind or Visually Impaired, including, without limitation, the Vending Stand Program for Persons Who Are Blind authorized by NRS 426.630 to 426.720, inclusive.

      (b) Vendors providing services to those applicants or recipients under procedures established by the Division.

      2.  The money in the Revolving Account must be deposited in a bank or credit union qualified to receive deposits of public money. The bank or credit union shall secure the deposit with a depository bond satisfactory to the State Board of Examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

      3.  After expenditure of money from the Revolving Account, the Administrator shall present a claim to the State Board of Examiners. When approved by the State Board of Examiners, the State Controller shall draw his or her warrant in the amount of the claim in favor of the Rehabilitation Division Revolving Account, to be paid to the order of the Administrator, and the State Treasurer shall pay it.

      4.  Money in the Rehabilitation Division Revolving Account does not revert to the State General Fund at the end of the fiscal year, but remains in the Revolving Account.

      5.  Purchases paid for from the Rehabilitation Division Revolving Account for the purposes authorized by subsection 1 may be exempt from the provisions of the State Purchasing Act at the discretion of the Administrator of the Purchasing Division of the Department of Administration or the designated representative of the Administrator.

      (Added to NRS by 1971, 1325; A 1973, 709, 1405, 1478; 1975, 257; 1979, 210; 1983, 404, 527; 1993, 1854; 1999, 1185, 1523; 2001, 91)

      NRS 615.260  Rehabilitation Gift Account: Investment; use of money.

      1.  All gifts of money which the Bureau is authorized to accept must be deposited in the State Treasury for credit to the Rehabilitation Gift Account in the Department of Employment, Training and Rehabilitation’s Gift Fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.

      2.  All claims must be approved by the Administrator before they are paid.

      (Added to NRS by 1967, 831; A 1973, 709, 1405; 1975, 203; 1977, 47; 1979, 625; 1981, 80; 1993, 1854; 2005, 116)

      NRS 615.270  Maintenance not assignable or subject to attachment, execution or other legal process.  The right of an individual with a disability to maintenance under this chapter shall not be transferable or assignable at law or in equity, and none of the moneys paid or payable or rights existing under this chapter shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.

      (Added to NRS by 1967, 831)

      NRS 615.280  Hearings; judicial review.

      1.  Any person applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the Bureau or the Administrator with respect to the person is entitled, in accordance with regulations, to a fair hearing before a hearing officer.

      2.  A person aggrieved by the decision of a hearing officer is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.

      (Added to NRS by 1967, 831; A 1973, 1406; 1981, 97; 1989, 1657; 1991, 171; 1993, 1855; 1999, 872)

      NRS 615.290  Misuse of lists or records.  It is unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program or any other arrangements, agreements or plans pursuant to this chapter, and in accordance with regulations of the Bureau, for any person to solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving any services under this chapter, directly or indirectly derived from the records, papers, files or communications of the Bureau, or acquired in the course of the performance of its official duties.

      (Added to NRS by 1967, 832; A 1973, 1406)

      NRS 615.300  Limitation on political activity.

      1.  No officer or employee engaged in the administration of the vocational rehabilitation program shall use his or her official authority to influence or permit the use of the vocational rehabilitation program for the purpose of interfering with an election or affecting the results thereof or for any partisan political purpose. No such officer or employee shall solicit or receive, nor shall any officer or employee be obliged to contribute or render, any service, assistance, subscription, assessment or contribution for any political purpose.

      2.  Any officer or employee violating the provisions of this section shall be discharged.

      (Added to NRS by 1967, 832)