NRS 615.250 Receiptand disbursement of money; deposit of money earned by rehabilitation facilitiesin Account for Rehabilitation Facilities; credit of interest and income.

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

NRS 615.260 RehabilitationGift Account: Investment; use of money.

NRS 615.270 Maintenancenot assignable or subject to attachment, execution or other legal process.

NRS 615.280 Hearings;judicial review.

NRS 615.290 Misuseof lists or records.

NRS 615.300 Limitationon political activity.

_________

NRS 615.010 Statementof purposes; construction.

1. The purposes of this chapter are to:

(a) Rehabilitate handicapped individuals so that theymay prepare for and engage in gainful occupations;

(b) Provide physically and mentally disabled personswith a program of services which will result in greater opportunities for themto enter more fully into the life of the community;

(d) Encourage and develop facilities and otherresources needed by the handicapped.

2. The provisions of this chapter shall be liberallyconstrued 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 contextotherwise 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 Administratordefined. Administrator means the Administratorof the Rehabilitation Division of the Department.

(Added to NRS by 1999, 872)

NRS 615.031 Bureaudefined. Bureau means the Bureau ofVocational Rehabilitation in the Division.

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

NRS 615.035 Chiefdefined. Repealed. (See chapter 57, Statutes of Nevada 2005,at page 116.)

NRS 615.040 Constructdefined. Construct includes construction ofnew buildings, acquisition of existing buildings and expansion, remodeling,alteration and renovation of existing buildings, and initial equipment of suchnew, newly acquired, expanded, remodeled, altered or renovated buildings.

(Added to NRS by 1967, 828)

NRS 615.050 Departmentdefined. Department means the Department ofEmployment, Training and Rehabilitation.

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

NRS 615.060 Directordefined. Director means the Director of theDepartment.

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

NRS 615.065 Divisiondefined. Division means the Rehabilitation Divisionof the Department.

(Added to NRS by 1991, 169)

NRS 615.080 Establishmentof a rehabilitation facility defined. Establishmentof a rehabilitation facility means:

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

2. The acquisition of initial equipment for suchpurposes; or

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

(Added to NRS by 1967, 828)

NRS 615.090 Establishmentof a workshop defined. Establishment of aworkshop means:

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

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

(Added to NRS by 1967, 828)

NRS 615.100 Gainfuloccupation 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 whichpayment 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 Handicappedindividual defined. Handicapped individualmeans:

1. Any individual who has a physical or mentaldisability which constitutes a substantial handicap to employment but which isof such a nature that vocational rehabilitation services may reasonably beexpected to render him fit to engage in a gainful occupation, including againful occupation which is more consistent with his capacities and abilities.

2. Any individual who has a physical or mentaldisability which constitutes a substantial handicap to employment for whomvocational rehabilitation services are necessary for the purposes of thedetermination of rehabilitation potential.

(Added to NRS by 1967, 828)

NRS 615.120 Physicalor mental disability defined. Physical ormental disability means a physical or mental condition which materiallylimits, contributes to limiting or, if not corrected, will probably result inlimiting an individuals activities or functioning. It includes behavioraldisorders characterized by deviant social behavior or impaired ability to carryout normal relationships with family and community which may result fromvocational, educational, cultural, social, environmental or other factors.

(Added to NRS by 1967, 828)

NRS 615.130 Substantialhandicap to employment defined. Substantialhandicap to employment means that a physical or mental disability (in thelight of attendant medical, psychological, vocational, cultural, social orenvironmental factors) impedes an individuals occupational performance, bypreventing his obtaining, retaining or preparing for a gainful occupationconsistent with his capacities and abilities.

(Added to NRS by 1967, 828)

NRS 615.140 Vocationalrehabilitation services defined. Vocationalrehabilitation services means any goods and services necessary to render ahandicapped individual fit to engage in a gainful occupation, or to determinehis rehabilitation potential.

(Added to NRS by 1967, 829)

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

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

NRS 615.160 Chief:Qualifications; appointment. Repealed. (Seechapter 57, Statutesof Nevada 2005, at page 116.)

NRS 615.170 Provisionof vocational rehabilitation services. Vocationalrehabilitation services shall be provided directly or through public or privateresources to any handicapped individual, including any handicapped individualwho is eligible under the terms of an agreement or an arrangement with anotherstate or with the Federal Government.

(Added to NRS by 1967, 829)

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

1. The Administrator shall:

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

(b) Establish appropriate administrative units withinthe Bureau;

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

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

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

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

2. The Administrator may delegate to any officer oremployee of the Bureau such of his powers and duties as he finds necessary tocarry 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 Dutiesof Bureau. The Bureau shall:

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

2. Cooperate with other departments, agencies andinstitutions, both public and private, in providing for the vocationalrehabilitation of handicapped individuals, in studying the problems involvedtherein, 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 Powersof Bureau. The Bureau may:

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

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

3. Operate facilities for carrying out the purposes ofthis chapter;

4. In matters relating to vocational rehabilitation:

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

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

(d) Render technical assistance;

5. Provide for the establishment, supervision, managementand control of small business enterprises to be operated by severelyhandicapped persons where their operation will be improved through themanagement and supervision of the Bureau; and

6. Maintain a list of persons who are qualified toengage in the practice of interpreting in this state pursuant to NRS 656A.100 to serve as interpreters forhandicapped persons and shall make any such list available without charge topersons who request it.

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

NRS 615.210 Acceptanceof congressional act and federal grants.

1. The State of Nevada accepts the provisions andbenefits of the Act of Congress entitled An act to provide for the promotionof vocational rehabilitation of persons disabled in industry or otherwise andtheir return to civil employment, approved June 2, 1920, and as the same hasbeen or may be amended.

2. In addition to the provisions of subsection 1, theBureau is authorized to accept and direct the disbursement of fundsappropriated by any Act of Congress and apportioned to the State of Nevada foruse in connection with the vocational rehabilitation program.

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

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

NRS 615.220 Determinationof disability.

1. To facilitate the making of disabilitydeterminations in this state, the Department through the Division, on behalf ofthe State of Nevada, may enter into an agreement or agreements with the UnitedStates 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 provisionsof any Act of Congress, and all applicable federal regulations adopted pursuantthereto.

2. The Department, by and through the Division, shallmake the disability determinations required by the provisions of any Act ofCongress, and the State Treasurer shall disburse the money required for themaking of such determinations upon claims by the Director in the same manner asother claims against the State are paid.

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

NRS 615.230 Cooperationwith Federal Government.

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

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

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

2. Upon designation by the Governor, in addition tothose provided in subsection 1, the Department through the Bureau may performfunctions and services for the Federal Government relating to persons under aphysical or mental disability.

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

NRS 615.240 Compliancewith requirements to receive federal money; state appropriations.

1. The Bureau is authorized to comply with suchrequirements as may be necessary to obtain federal funds in the maximum amountand most advantageous proportion possible.

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

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

NRS 615.250 Receiptand disbursement of money; deposit of money earned by rehabilitation facilitiesin Account for Rehabilitation Facilities; credit of interest and income.

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

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

3. All money earned by the rehabilitation facilitiesof the Bureau from contracts to provide work to train handicapped persons mustbe deposited in the Account for Rehabilitation Facilities in the State GeneralFund.

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

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

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

1. There is hereby created the Rehabilitation DivisionRevolving Account in an amount not to exceed $90,000. The money in theRevolving 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 insubsection 2 of NRS 615.200; and

(2) The Bureau of Services to the Blind andVisually Impaired, including, without limitation, the vending stand program forthe blind authorized by NRS 426.630 to 426.720, inclusive.

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

2. The money in the Revolving Account must bedeposited in a bank or credit union qualified to receive deposits of publicmoney. The bank or credit union shall secure the deposit with a depository bondsatisfactory to the State Board of Examiners, unless it is otherwise secured bythe Federal Deposit Insurance Corporation, the National Credit Union ShareInsurance Fund or a private insurer approved pursuant to NRS 678.755.

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

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

5. Purchases paid for from the Rehabilitation DivisionRevolving Account for the purposes authorized by subsection 1 may be exemptfrom the provisions of the State Purchasing Act at the discretion of the Chiefof the Purchasing Division of the Department of Administration or hisdesignated representative.

(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 RehabilitationGift Account: Investment; use of money.

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

2. All claims must be approved by the Administratorbefore 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 Maintenancenot assignable or subject to attachment, execution or other legal process. The right of a handicapped individual to maintenance underthis chapter shall not be transferable or assignable at law or in equity, andnone of the moneys paid or payable or rights existing under this chapter shallbe 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 vocationalrehabilitation who is aggrieved by any action or inaction of the Bureau or theAdministrator with respect to him is entitled, in accordance with regulations,to a fair hearing before a hearing officer.

2. A person aggrieved by the decision of a hearingofficer is entitled to judicial review of the decision in the manner providedby 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 Misuseof lists or records. It is unlawful, exceptfor purposes directly connected with the administration of the vocationalrehabilitation program or any other arrangements, agreements or plans pursuantto this chapter, and in accordance with regulations of the Bureau, for anyperson to solicit, disclose, receive or make use of, or authorize, knowinglypermit, participate in or acquiesce in the use of any list of, or names of, orany information concerning, persons applying for or receiving any servicesunder this chapter, directly or indirectly derived from the records, papers,files or communications of the Bureau, or acquired in the course of theperformance of its official duties.

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

NRS 615.300 Limitationon political activity.

1. No officer or employee engaged in theadministration of the vocational rehabilitation program shall use his officialauthority to influence or permit the use of the vocational rehabilitationprogram for the purpose of interfering with an election or affecting theresults thereof or for any partisan political purpose. No such officer oremployee shall solicit or receive, nor shall any officer or employee be obligedto contribute or render, any service, assistance, subscription, assessment orcontribution for any political purpose.

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

(Added to NRS by 1967, 832)

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