[Rev. 6/2/2018 8:23:52 PM--2017]

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. [Repealed.]

NRS 615.041           “Competitive integrated employment” 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. [Repealed.]

NRS 615.090           “Establishment of a workshop” defined. [Repealed.]

NRS 615.100           “Gainful occupation” defined. [Repealed.]

NRS 615.110           “Individual with a disability” defined.

NRS 615.120           “Physical or mental disability” defined.

NRS 615.130           “Substantial impediment 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. [Repealed.]

NRS 615.178           Adoption, amendment and repeal of policies concerning vocational rehabilitation services.

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 615.203           Employees of Bureau; qualifications.

NRS 615.205           Division 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.

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; exceptions; penalty.

NRS 615.300           Limitation on political activity.

_________

_________

 

      NRS 615.010  Statement of purposes; construction.

      1.  The purposes of this chapter are to:

      (a) Provide vocational rehabilitation services to individuals with disabilities so that they may prepare for and engage in competitive integrated employment;

      (b) Promote vocational rehabilitation services and related activities which will assist individuals with disabilities to reach their fullest potential; and

      (c) Encourage and develop facilities and other resources needed by individuals with disabilities to engage in competitive integrated employment.

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

      (Added to NRS by 1967, 827; A 2017, 266)

      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; 2017, 266)

      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.  Repealed. (See chapter 67, Statutes of Nevada 2017, at page 271.)

 

      NRS 615.041  “Competitive integrated employment” defined.  “Competitive integrated employment” has the meaning ascribed to it in 29 U.S.C. § 705.

      (Added to NRS by 2017, 266)

      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.  Repealed. (See chapter 67, Statutes of Nevada 2017, at page 271.)

 

      NRS 615.090  “Establishment of a workshop” defined.  Repealed. (See chapter 67, Statutes of Nevada 2017, at page 271.)

 

      NRS 615.100  “Gainful occupation” defined.  Repealed. (See chapter 67, Statutes of Nevada 2017, at page 271.)

 

      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 impediment to employment for which vocational rehabilitation services may reasonably be expected to prepare the individual to engage in competitive integrated employment which is consistent with the capacities and abilities of the individual.

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

      (Added to NRS by 1967, 828; A 2017, 266)

      NRS 615.120  “Physical or mental disability” defined.  “Physical or mental disability” means an ongoing physical or mental condition which materially limits, contributes to limiting or, if not corrected, will probably result in limiting an individual’s physical or mental functioning.

      (Added to NRS by 1967, 828; A 2017, 267)

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

      (Added to NRS by 1967, 828; A 2017, 267)

      NRS 615.140  “Vocational rehabilitation services” defined.  “Vocational rehabilitation services” means any goods and services necessary to prepare an individual with a disability to engage in competitive integrated employment or to determine the rehabilitation potential of the individual.

      (Added to NRS by 1967, 829; A 2017, 267)

      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.

      1.  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, the Federal Government or an Indian tribe.

      2.  As used in this section, “state” includes, without limitation, the District of Columbia, Puerto Rico, the United States Virgin Islands and Guam.

      (Added to NRS by 1967, 829; A 2017, 267)

      NRS 615.175  Organizations that operate certain rehabilitation facilities or workshops: Requirements; audits; submission of tax information.  Repealed. (See chapter 67, Statutes of Nevada 2017, at page 271.)

 

      NRS 615.178  Adoption, amendment and repeal of policies concerning vocational rehabilitation services.

      1.  To the extent required by 34 C.F.R. § 361.50, the Division may adopt, amend and repeal policies concerning the nature and scope of vocational rehabilitation services provided to individuals with disabilities.

      2.  Any adoption, amendment or repeal of a policy pursuant to subsection 1 must occur at a public meeting held in compliance with the provisions set forth in chapter 241 of NRS concerning open meetings.

      (Added to NRS by 2017, 266)

      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;

      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; and

      3.  Provide intensive programs of education, training, job development, physical restoration and such other services and equipment as may prepare individuals with disabilities to engage in competitive integrated employment.

      (Added to NRS by 1967, 829; A 1973, 1402; 2017, 267)

      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, or Indian tribes to provide for the vocational rehabilitation of individuals within the states or who are members of the Indian tribes concerned;

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

      3.  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.

      (Added to NRS by 1967, 829; A 1973, 1402; 1979, 659; 2001, 1778; 2007, 157, 180; 2017, 267)

      NRS 615.203  Employees of Bureau; qualifications.

      1.  All employees of the Bureau are directly responsible to the Administrator.

      2.  Such employees must consist of persons skilled in the vocational rehabilitation of individuals with disabilities to allow such individuals to engage in competitive integrated employment.

      (Added to NRS by 2017, 266)

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

      1.  The Division 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; A 2017, 268)

      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 Education, 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; 2017, 268)

      NRS 615.230  Cooperation with Federal Government.

      1.  The Department through the Division 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 Division 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; 2017, 269)

      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.

      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.

      (Added to NRS by 1967, 831; A 1973, 1404; 1985, 42; 2017, 269)

      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; 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; 2017, 269)

      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 or to carry out the provisions of this chapter and other programs or laws administered by the Bureau.

      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; 2017, 270)

      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.  An individual with a disability applying for or receiving vocational rehabilitation services from the Bureau who is aggrieved by any act, determination or omission of the Bureau is entitled, in accordance with regulations, to a fair hearing before a hearing officer.

      2.  An individual with a disability who is 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; 2017, 270)

      NRS 615.290  Misuse of lists or records; exceptions; penalty.

      1.  Except as otherwise provided in subsection 2, a person shall not 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.

      2.  Information with respect to any individual applying for or receiving services under this chapter may be received, used or disclosed by the Bureau or any of its employees to any person, association or body:

      (a) If such receipt, use or disclosure is related directly to carrying out the provisions of this chapter;

      (b) As required by statute, regulation or court order;

      (c) To protect an applicant, recipient or other person if the applicant or recipient poses a threat to his or her own safety or the safety of others; or

      (d) Upon written permission of the applicant or recipient.

      3.  A person who violates the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1967, 832; A 1973, 1406; 2017, 270)

      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)