[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)
