2005 Nevada Revised Statutes - Chapter 232 — State Departments
CHAPTER 232 - STATE DEPARTMENTS
GENERAL PROVISIONS
NRS 232.005 Transferof personnel within department authorized; powers and duties of director orchief executive officer.
NRS 232.006 Acceptanceof consular identification card to identify person.
NRS 232.007 Recyclingof paper required by state agencies; waiver; adoption of regulationsprescribing procedures for disposition of recycled paper and recycling of wasteproducts other than paper.
STATE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
NRS 232.010 Definitions.
NRS 232.020 Creation.
NRS 232.030 Director:Creation of position.
NRS 232.040 Director:Qualifications.
NRS 232.050 Director:Appointment; classification; other employment prohibited.
NRS 232.055 Assistantdirectors: Appointment; classification; restrictions on other employment.
NRS 232.060 Director:Appointment of staff.
NRS 232.070 Director:Powers and duties.
NRS 232.075 Chargesfor books, reports and periodicals distributed.
NRS 232.080 AttorneyGeneral is counsel for Department; designation and duties of deputy attorneygeneral.
NRS 232.085 AdvisoryBoard on Natural Resources: Creation; qualifications of members; meetings;compensation; officers; duties.
NRS 232.090 Compositionof Department.
NRS 232.100 Divisionof Water Resources: Appointment of State Engineer as executive head; powers andduties.
NRS 232.110 Divisionof State Lands: Administrator as ex officio State Land Registrar.
NRS 232.120 Divisionof Forestry: Appointment of State Forester Firewarden as executive head; powersand duties.
NRS 232.125 Divisionof Conservation Districts: Administrative Officer; powers and duties.
NRS 232.135 Divisionof State Parks: Administrator; duties.
NRS 232.136 Divisionof Environmental Protection: Composition; appointment of Administrator.
NRS 232.137 Divisionof Water Planning: Composition; appointment of Administrator. [Repealed.]
NRS 232.139 Deputiesand chief assistants of chiefs of divisions: Appointment; classification;restrictions on other employment.
NRS 232.140 Supportof Department; legislative appropriations.
NRS 232.150 Delineationof areas subject to flooding; information to be furnished to planning agencies;cooperation of Health Division of Department of Health and Human Services.
DEPARTMENT OF ADMINISTRATION
NRS 232.212 Definitions.
NRS 232.213 Creation;divisions.
NRS 232.214 Director:Appointment; classification; other employment prohibited.
NRS 232.215 Director:Powers and duties.
NRS 232.2165 Classificationof chiefs of divisions.
NRS 232.217 Deputiesand chief assistants of chiefs of divisions: Appointment; classification;restrictions on other employment.
NRS 232.219 Departmentof Administrations Operating Fund for Administrative Services.
NRS 232.2195 Dutiesof Administrative Services Division.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Generally
NRS 232.290 Definitions.
NRS 232.300 Creation;divisions; responsibility for administering law.
NRS 232.303 Commissionon Mental Health and Developmental Services: Creation; composition; Chairman;terms of members; vacancies. [Replaced in revision by
NRS 232.306 Commissionon Mental Health and Developmental Services: Meetings; quorum; salary;expenses; restrictions on ownership of or employment by certain enterprises.[Replaced in revision by NRS 232.363.]
NRS 232.310 Director:Appointment; classification; qualifications; other employment prohibited.
NRS 232.320 Appointmentof administrators of divisions; powers and duties of Director.
NRS 232.330 Director:Employment of staff.
NRS 232.340 Administratorsof divisions: Classification; duties; restrictions on other employment.
NRS 232.350 Deputiesand chief assistants of administrators of divisions.
NRS 232.353 Adoptionof state plans required for receipt of federal money.
NRS 232.355 Departmentof Health and Human Services Gift Fund.
NRS 232.357 Limitationson sharing confidential information by divisions.
NRS 232.359 Systemto provide nonemergency information and referrals concerning health, welfare,human and social services: Establishment; requirements.
Commission on Mental Health and Developmental Services
NRS 232.361 Creation;composition; Chairman; terms of members; vacancies.
NRS 232.363 Meetings;quorum; salary; expenses; restrictions on ownership of or employment by certainenterprises.
Division of Health Care Financing and Policy
NRS 232.365 Definitions.[Repealed.]
NRS 232.367 Administratordefined. [Repealed.]
NRS 232.368 ChildrensHealth Insurance Program defined. [Repealed.]
NRS 232.369 Divisiondefined. [Repealed.]
NRS 232.371 Medicaiddefined. [Repealed.]
NRS 232.373 Purposes.[Repealed.]
Grants Management Advisory Committee
NRS 232.383 Creation;composition; terms of members; salary; expenses; members holding public officeor employed by governmental entity; meetings.
NRS 232.385 Duties.
NRS 232.387 Appointmentof working groups by Chairman; duties.
Division of Child and Family Services
NRS 232.400 Purposes;duties. [Repealed.]
NRS 232.410 Definitions.[Repealed.]
NRS 232.420 Bureaus;administrative sections. [Repealed.]
NRS 232.430 Appointmentand qualifications of Administrator. [Repealed.]
NRS 232.440 Powersand duties of Administrator; designation of chiefs of bureaus. [Repealed.]
NRS 232.450 Classificationsof superintendents of youth centers and homes and chiefs of bureaus.[Repealed.]
NRS 232.460 Dutiesof chiefs of bureaus; restrictions on other employment. [Repealed.]
NRS 232.464 Fees.[Repealed.]
NRS 232.4645 Giftsand grants. [Repealed.]
Miscellaneous Provisions
NRS 232.4647 Issuanceand enforcement of subpoenas for certain hearings. [Repealed.]
NRS 232.465 Establishmentof standards for receipt of federal money and programs concerning juveniles;development of state plans by Administrator. [Repealed.]
Office of Minority Health
NRS 232.467 Definitions.
NRS 232.468 AdvisoryCommittee defined.
NRS 232.469 Healthcare defined.
NRS 232.471 Managerdefined.
NRS 232.472 Minoritygroup defined.
NRS 232.473 Officedefined.
NRS 232.474 Creation;purposes.
NRS 232.475 Duties;assistance and cooperation.
NRS 232.476 Gifts,grants, appropriations or donations; contracts; regulations.
NRS 232.477 Appointmentof Manager; qualifications.
NRS 232.478 Dutiesof Manager.
NRS 232.479 Biennialreport to Governor and Director of Legislative Counsel Bureau.
NRS 232.481 Grantsof money; regulations.
NRS 232.482 AdvisoryCommittee: Creation; composition; terms of members; Chairman.
NRS 232.483 AdvisoryCommittee: Salary; expenses; members holding public office or employed bygovernmental entity.
NRS 232.484 AdvisoryCommittee: Duties.
DEPARTMENT OF BUSINESS AND INDUSTRY
Generally
NRS 232.505 Definitions.
NRS 232.510 Creation;composition.
NRS 232.515 Director:Appointment; classification; qualifications; other employment prohibited.
NRS 232.520 Director:Powers and duties.
NRS 232.522 Director:Creation of Office of Business Finance and Planning; creation of Center forBusiness Advocacy and Services; communication and cooperation among entitieswithin Department.
NRS 232.525 Director:Employment of staff.
NRS 232.530 Chiefsof divisions: Classification; duties; restrictions on other employment.
NRS 232.535 Assistantsof chiefs of divisions: Appointment; classification; restrictions on otheremployment.
NRS 232.538 HousingDivision: Principal office.
NRS 232.540 Chiefof Housing Division: Appointment, qualifications and classification of ChiefFinancial Officer for Division.
NRS 232.545 InvestigativeAccount for Financial Institutions.
NRS 232.546 Accountfor Special Projects to Assist in the Development of Services for Business andIndustry.
NRS 232.547 Regulationsto conduct business electronically; fees.
NRS 232.548 Useof alternative means of dispute resolution.
Division of Industrial Relations
NRS 232.550 Definitions.
NRS 232.570 AdvisoryCouncil: Creation; composition; vacancies.
NRS 232.580 AdvisoryCouncil: Meetings; officers; bylaws; quorum.
NRS 232.590 AdvisoryCouncil: Salary of members.
NRS 232.600 AdvisoryCouncil: Powers and duties.
NRS 232.610 Administrator:Appointment; classification; restrictions on other employment; qualifications;prohibited interests and positions.
NRS 232.620 Administrationof chapters 512 and
NRS 232.630 Assistantadministrators: Appointment; classification; restrictions on other employment.
NRS 232.650 Employmentof staff.
NRS 232.660 Legalcounsel for Division: Appointment; contract services; qualifications; powers.
NRS 232.670 Administrator:Duties.
NRS 232.680 Paymentof costs: Assessments; regulations; federal grants; refunds.
NRS 232.690 Cooperativeagreements.
NRS 232.700 Cooperationof insurers and other divisions and agencies.
Division of Insurance
NRS 232.805 Definitions.
NRS 232.820 Commissionerof Insurance: Appointment; classification.
NRS 232.825 Powersand duties of Commissioner of Insurance; appointment, classification andrestrictions on other employment of deputies.
NRS 232.840 Stateagencies required to cooperate and provide information.
DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION
NRS 232.900 Definitions.
NRS 232.910 Creation;purpose; composition.
NRS 232.920 Director:Powers and duties.
NRS 232.930 Director:Appointment; classification; other employment prohibited.
NRS 232.940 RehabilitationDivision: Composition.
NRS 232.945 RehabilitationDivision: Appointment, classification and duties of Administrator; restrictionson other employment.
NRS 232.950 RehabilitationDivision: Appointment, classification and duties of chiefs of bureaus;employment of staff of bureaus. [Repealed.]
NRS 232.960 RehabilitationDivision: Accounting for gifts and grants of money or other property;disposition of gifts of certain property.
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GENERAL PROVISIONS
NRS
(Added to NRS by 1965, 1431)
NRS
1. Except as otherwise provided in subsection 2 and
2. The provisions of subsection 1 apply only to thepresentation of a consular identification card for purposes of identificationand do not convey an independent right to receive benefits of any type.
3. As used in this section:
(a) Consular identification card means anidentification card issued by a consulate of a foreign government, whichconsulate is located within the State of Nevada.
(b) Identification card issued by the Department ofMotor Vehicles means an identification card of the type described in
(c) State agency means every public agency, bureau,board, commission, department or division of the Executive Department of StateGovernment.
(Added to NRS by
NRS
1. Except as otherwise provided in this section, eachstate agency shall recycle or cause to be recycled the paper and paper productsit uses. This subsection does not apply to confidential documents if there isan additional cost for recycling those documents.
2. A state agency may apply to the Chief of the BudgetDivision of the Department of Administration for a waiver from the requirementsof subsection 1. The Chief shall grant a waiver to the state agency if hedetermines that the cost to recycle or cause to be recycled the paper and paperproducts used by the agency is unreasonable and would place an undue burden onthe operations of the agency.
3. The State Environmental Commission shall, throughthe State Department of Conservation and Natural Resources, adopt regulationswhich prescribe the procedure for the disposition of the paper and paperproducts to be recycled. In adopting such regulations, the Commission:
(a) Shall consult with any other state agencies whichare coordinating or have coordinated programs for recycling paper and paperproducts.
(b) May prescribe a procedure for the recycling ofother waste materials produced by state agencies.
4. Any money received by a state agency for recyclingor causing to be recycled the paper and paper products it uses must be paid bythe chief administrative officer of that agency to the State Treasurer forcredit to the State General Fund.
5. As used in this section:
(a) Paper includes newspaper, high-grade officepaper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper,duplicator paper and any other cellulosic material which contains not more than10 percent by weight or volume of a noncellulosic material, including, but notlimited to, a laminate, binder, coating and saturant.
(b) Paper product means any paper article orcommodity, including, but not limited to, paper napkins, towels, cardboard,construction material, paper and any other cellulosic material which containsnot more than 10 percent by weight or volume of a noncellulosic material,including, but not limited to, a laminate, binder, coating and saturant.
(c) State agency means every public agency, bureau, board,commission, department, division, officer or employee of the ExecutiveDepartment of State Government.
(Added to NRS by 1991, 907; A
STATE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
NRS
1. Department means the State Department of Conservationand Natural Resources.
2. Director means the Director of the StateDepartment of Conservation and Natural Resources.
(Added to NRS by 1957, 646; A 1977, 1117; 1989, 512;1993, 1482)
NRS
(Added to NRS by 1957, 646; A 1989, 512; 1993, 1482)
NRS
(Added to NRS by 1957, 646)
NRS
1. The Director shall be selected with specialreference to his training, experience, capacity and interest in conservation ornatural resources, or both.
2. The Director shall have the demonstrated ability toadminister a major public agency in the field of conservation and naturalresources having diverse functional divisions with related goals.
(Added to NRS by 1957, 646; A 1977, 1117)
NRS
1. The Director is appointed by and is responsible tothe Governor and is in the unclassified service of the State.
2. He shall devote his entire time and attention tothe business of his office and shall not pursue any other business oroccupation or hold any other office of profit.
(Added to NRS by 1957, 646; A 1960, 394; 1963, 1331;1967, 1489; 1971, 1425; 1981, 1273; 1985, 405)
NRS
1. The Director shall appoint two assistant directorsof the Department and shall assign their duties.
2. Each assistant director is in the unclassifiedservice of the State.
3. Except as otherwise provided in
(Added to NRS by 1977, 1116; A 1981, 1273; 1985, 405;1995, 2310)
NRS
(Added to NRS by 1957, 646; A 1967, 1489; 1971, 1425;1981, 1273; 1985, 405)
NRS
1. As executive head of the Department, the Directoris responsible for the administration, through the divisions and other units ofthe Department, of all provisions of law relating to the functions of theDepartment, except functions assigned by law to the State EnvironmentalCommission, the State Conservation Commission or the Commission for thePreservation of Wild Horses.
2. Except as otherwise provided in subsection4, the Director shall:
(a) Establish departmental goals, objectives andpriorities.
(b) Approve divisional goals, objectives andpriorities.
(c) Approve divisional and departmental budgets,legislative proposals, contracts, agreements and applications for federalassistance.
(d) Coordinate divisional programs within theDepartment and coordinate departmental and divisional programs with otherdepartments and with other levels of government.
(e) Appoint the executive head of each division withinthe Department.
(f) Delegate to the executive heads of the divisionssuch authorities and responsibilities as he deems necessary for the efficientconduct of the business of the Department.
(g) Establish new administrative units or programswhich may be necessary for the efficient operation of the Department, and alterdepartmental organization and reassign responsibilities as he deemsappropriate.
(h) From time to time adopt, amend and rescind suchregulations as he deems necessary for the administration of the Department.
3. Except as otherwise provided in subsection4, the Director may enter into cooperative agreements with any federal or stateagency or political subdivision of the State, any public or private institutionlocated in or outside the State of Nevada, or any other person, inconnection with studies and investigations pertaining to any activities of theDepartment.
4. This section does not confer upon the Director anypowers or duties which are delegated by law to the State EnvironmentalCommission, the State Conservation Commission or the Commission for thePreservation of Wild Horses, but the Director may foster cooperative agreementsand coordinate programs and activities involving the powers and duties of thecommissions.
5. All gifts of money and other property which theDirector is authorized to accept must be accounted for in the Department ofConservation and Natural Resources Gift Fund which is hereby created as a trustfund.
(Added to NRS by 1957, 647; A 1959, 193; 1967, 417;1975, 152; 1977, 1117; 1979, 102, 614; 1997, 2535)
NRS
1. The Director is hereby authorized to make a nominalcharge for any books, reports or periodicals compiled and distributed by theDepartment.
2. The money received from such charge shall bedeposited in the General Fund of the State.
(Added to NRS by 1959, 193)
NRS
1. Is the legal adviser of the Department in allmatters relating to the Department and to the powers and duties of itsofficers.
2. Shall maintain his office in Carson City, Nevada,in an office provided by the Department.
3. Is in the unclassified service of the Statepursuant to subsection 3 of NRS 284.140.
(Added to NRS by 1957, 647; A 1967, 724, 1489; 1971,1425; 1979, 274; 1981, 1273; 1983, 748;
NRS
1. The Advisory Board on Natural Resources, consistingof seven members appointed by the Governor, is hereby created in the Department.
2. The Governor shall appoint to the Board:
(a) One member who is a representative of the interestsof users of the State Park System;
(b) One member who is an active participant in outdoorrecreational activities;
(c) One member who is a representative of theagricultural industry;
(d) One member who is a representative of the miningindustry;
(e) One member who is a representative of forestry orfire control services;
(f) One member who is a representative of conservationinterests; and
(g) One member who is a representative of the generalpublic.
3. The Board may meet four times annually and at othertimes upon the call of the Chairman.
4. The members of the Board are entitled to receive asalary of $60 for each days attendance at a meeting of the Board, and the perdiem allowance and travel expenses provided for state employees generally whileengaged in the business of the Board.
5. The Board shall elect a Chairman and a ViceChairman from among its members.
6. The Board shall advise the Director on:
(a) Matters relating to the establishment andmaintenance of an adequate policy of forest and watershed protection;
(b) Matters relating to the park and recreationalpolicy of the State;
(c) The use of land within this State which is underthe jurisdiction of the Federal Government;
(d) The effect of state and federal agencies programsand regulations on the users of land under the jurisdiction of the FederalGovernment, and on the problems of those users of land; and
(e) The preservation, protection and use of the statesnatural resources.
(Added to NRS by 1993, 1479)
NRS
1. The Department consists of the Director and thefollowing divisions:
(a) The Division of Water Resources.
(b) The Division of State Lands.
(c) The Division of Forestry.
(d) The Division of State Parks.
(e) The Division of Conservation Districts.
(f) The Division of Environmental Protection.
(g) Such other divisions as the Director may from timeto time establish.
2. The State Environmental Commission, the StateConservation Commission, the Commission for the Preservation of Wild Horses,the Nevada Natural Heritage Program and the Board to Review Claims are withinthe Department.
(Added to NRS by 1957, 647; A 1963, 828; 1973, 767,1598, 1719; 1977, 1118, 1356; 1983, 2087; 1989, 1690; 1993, 1482; 1995, 423,1456; 1997, 2536; 2003,1559; 2005, 2572)
NRS
1. The executive head of the Division of WaterResources shall be the State Engineer, who shall be appointed by and beresponsible to the Director.
2. The State Engineer and the employees of theDivision of Water Resources shall have such powers and shall perform suchduties as are conferred upon the State Engineer pursuant to title 48 of NRS andthe provisions of any other laws.
(Added to NRS by 1957, 647)
NRS
1. The executive head of the Division of State Landsshall be the Administrator, who shall be ex officio State Land Registrar.
2. The Administrator shall be appointed by and beresponsible to the Director.
3. The Administrator, with the consent of theDirector, may appoint deputies, assistants and employees and assign duties asrequired to carry out the functions of the Division of State Lands.
(Added to NRS by 1957, 648; A 1975, 87)
NRS
1. The executive head of the Division of Forestryshall be the State Forester Firewarden, who shall be appointed by and beresponsible to the Director.
2. The State Forester Firewarden and the employees ofthe Division of Forestry shall have such powers and shall perform such dutiesas are conferred upon the State Forester Firewarden pursuant to
(Added to NRS by 1957, 648)
NRS
1. The head of the Division of Conservation Districtsshall be an Administrative Officer, who shall be selected by the Director froma list of three people recommended by the State Conservation Commission. TheAdministrative Officer shall be employed in the unclassified service. TheDirector shall employ such other assistants as may be required to carry out thefunctions of the Division and shall assign their duties.
2. The Administrative Officer shall have the followingpowers and duties:
(a) To perform staff services for the StateConservation Commission to assist it in carrying out its responsibilities underchapter 548 of NRS.
(b) To perform such administrative acts as may berequired to carry out the policies and goals established by the Commission andthe powers and duties assigned to it under chapter548 of NRS.
(Added to NRS by 1973, 766)
NRS
1. The Division of State Parks shall be administeredby the Administrator of the Nevada State Park System, who shall be appointed byand be responsible to the Director.
2. The Administrator and the employees of the Divisionof State Parks shall administer the provisions of chapter407 of NRS and any other laws relating to state parks.
(Added to NRS by 1963, 827)
NRS
1. The Division of Environmental Protection consistsof the Administrator and any other necessary personnel.
2. The Administrator is appointed by the Director andis in the unclassified service of the State.
(Added to NRS by 1977, 1116)
NRS
NRS
(Added to NRS by 1977, 1116; A 1981, 1274; 1985, 405;1995, 2310)
NRS
1. Money to carry out the provisions of
2. All money so appropriated must be paid out onclaims approved by the Director in the same manner as other claims against theState are paid.
(Added to NRS by 1957, 648; A 1977, 1119; 1989, 513;1993, 1482)
NRS
1. Areas subjected to damage from floods must bedelineated by the Department in cooperation with districts for the control offloods. The information must be furnished upon request to local, regional and stateplanning agencies.
2. The Health Division of the Department of Health andHuman Services shall cooperate with the State Department of Conservation andNatural Resources for the accomplishment of the purposes of this section, butthis section does not limit the powers and duties of the Health Division.
(Added to NRS by 1961, 669; A 1963, 898; 1973, 1406;1987, 706)
DEPARTMENT OF ADMINISTRATION
NRS
1. Department means the Department ofAdministration.
2. Director means the Director of the Department.
(Added to NRS by 1973, 1450; A 1993, 1483)
NRS
1. The Department of Administration is hereby created.
2. The Department consists of a Director and thefollowing divisions:
(a) Budget Division.
(b) Risk Management Division.
(c) Hearings Division, which consists of hearingofficers, compensation officers and appeals officers.
(d) Buildings and Grounds Division.
(e) Purchasing Division.
(f) Administrative Services Division.
(g) Division of Internal Audits.
3. The Director may establish a Motor Pool Division ormay assign the functions of the State Motor Pool to one of the other divisionsof the Department.
(Added to NRS by 1973, 1451; A 1979, 626, 1065; 1981,1673, 1682; 1989, 262; 1993, 1483; 1997, 16;
NRS
1. Is appointed by, is responsible to, and serves atthe pleasure of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment oroccupation.
(Added to NRS by 1973, 1451; A 1981, 1274; 1985, 406)
NRS
1. Shall appoint a Chief of the:
(a) Risk Management Division;
(b) Buildings and Grounds Division;
(c) Purchasing Division;
(d) Administrative Services Division;
(e) Division of Internal Audits; and
(f) Motor Pool Division, if separately established.
2. Shall appoint a Chief of the Budget Division, ormay serve in this position if he has the qualifications required by
3. Shall serve as Chief of the Hearings Division andshall appoint the hearing officers and compensation officers. The Director maydesignate one of the appeals officers in the Division to supervise theadministrative, technical and procedural activities of the Division.
4. Is responsible for the administration, through thedivisions of the Department, of the provisions of chapters331, 333 and 336of NRS, NRS 353.150 to
5. Is responsible for the administration of the lawsof this State relating to the negotiation and procurement of medical servicesand other benefits for state agencies.
6. Has such other powers and duties as are provided bylaw.
(Added to NRS by 1973, 1451; A 1979, 626, 1065; 1981,1682; 1987, 1486; 1989, 262, 394; 1993, 774, 1484, 2444; 1995, 579; 1997, 17;
NRS
1. The Chief of:
(a) The Buildings and Grounds Division;
(b) The Purchasing Division;
(c) The Administrative Services Division;
(d) The Division of Internal Audits; and
(e) If separately established, the Motor Pool Division,
of theDepartment serves at the pleasure of the Director, but, except as otherwiseprovided in subsection 2, for all purposes except removal is in the classifiedservice of the State.
2. The Chief of the Motor Pool Division, if separatelyestablished, and the Chief of the Division of Internal Audits are in theunclassified service of the State.
(Added to NRS by 1963, 1033; A 1967, 1490; 1971,1426; 1973, 1452; 1983, 1347; 1985, 406; 1993, 1483; 1997, 17;
NRS
1. Budget Division;
2. Buildings and Grounds Division;
3. Purchasing Division;
4. Division of Internal Audits; and
5. Motor Pool Division, if separately established,
may appointa Deputy and a Chief Assistant in the unclassified service of the State, whoshall not engage in any other gainful employment or occupation except asotherwise provided in NRS 284.143.
(Added to NRS by 1973, 1451; A 1981, 1274; 1993,1484; 1995, 2310; 1997, 17;
NRS
1. The Department of Administrations Operating Fundfor Administrative Services is hereby created as an internal service fund.
2. The operating budget of each of the followingentities must include an amount representing that entitys share of theoperating costs of the central accounting function of the Department:
(a) State Public Works Board;
(b) Budget Division;
(c) Buildings and Grounds Division;
(d) Purchasing Division;
(e) Hearings Division;
(f) Risk Management Division;
(g) Division of Internal Audits; and
(h) If separately established, the Motor Pool Division.
3. All money received for the central accountingservices of the Department must be deposited in the State Treasury for creditto the Operating Fund.
4. All expenses of the central accounting function ofthe Department must be paid from the Fund as other claims against the State arepaid.
(Added to NRS by 1979, 99; A 1981, 254; 1993, 1483;1995, 928; 1997, 18; 1999,2886; 2005, 1084)
NRS
1. Furnish fiscal and accounting services to theDirector and to each division of the Department; and
2. Advise and assist the Director and each division ofthe Department in carrying out their functions and responsibilities.
(Added to NRS by 1993, 1482)
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Generally
NRS
1. Department means the Department of Health andHuman Services.
2. Director means the Director of the Department.
(Added to NRS by 1963, 887; A 1967, 826; 1973, 1386,1622; 1985, 1649, 2276; 1987, 1438; 1991, 2119; 1997, 2526, 2605;
NRS
1. The Department of Health and Human Services ishereby created.
2. The Department consists of a Director and thefollowing divisions:
(a) Aging Services Division.
(b) Health Division.
(c) Division of Mental Health and DevelopmentalServices.
(d) Division of Welfare and Supportive Services.
(e) Division of Child and Family Services.
(f) Division of Health Care Financing and Policy.
3. The Department is the sole agency responsible foradministering the provisions of law relating to its respective divisions.
(Added to NRS by 1963, 888; A 1965, 369, 770; 1967,826; 1969, 915; 1971, 373; 1973, 1386, 1623, 1691; 1979, 876; 1985, 1366; 1991,2109, 2119; 1993, 598, 599, 1487; 1997, 2605;
NRS
NRS
NRS
1. Is appointed by, is responsible to, and serves atthe pleasure of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment oroccupation.
4. Must have broad, responsible experience in thefield of administration or possess broad management skills or working knowledgeof the field of social services administration.
5. Must be selected with special reference to histraining, experience and aptitude for coordinating related functions of publichealth, welfare and social service agencies. His knowledge and abilities shouldinclude the following:
(a) A comprehensive knowledge of administrativeprinciples, and a working knowledge of principles of public finance and thelaws, rules and regulations pertaining to public agencies.
(b) Administrative ability to assess the operatingefficiency of component agencies and to delegate authority and duties toresponsible division and agency heads.
(c) Ability to organize and clearly present oral andwritten findings and recommendations to the Governor, the Legislature and otherofficials and agencies.
(Added to NRS by 1963, 888; A 1965, 703; 1967, 1491;1971, 1428; 1973, 1623; 1981, 1276; 1985, 407)
NRS
1. Except as otherwise provided in subsection 3, theDirector:
(a) Shall appoint, with the consent of the Governor,administrators of the divisions of the Department, who are respectivelydesignated as follows:
(1) The Administrator of the Aging ServicesDivision;
(2) The Administrator of the Health Division;
(3) The Administrator of the Division of Welfareand Supportive Services;
(4) The Administrator of the Division of Childand Family Services; and
(5) The Administrator of the Division of HealthCare Financing and Policy.
(b) Shall administer, through the divisions of theDepartment and the Office of Disability Services, the provisions of
(c) Shall, after considering advice from agencies oflocal governments and nonprofit organizations which provide social services,adopt a master plan for the provision of human services in this State. TheDirector shall revise the plan biennially and deliver a copy of the plan to theGovernor and the Legislature at the beginning of each regular session. The planmust:
(1) Identify and assess the plans and programsof the Department for the provision of human services, and any duplication ofthose services by federal, state and local agencies;
(2) Set forth priorities for the provision ofthose services;
(3) Provide for communication and thecoordination of those services among nonprofit organizations, agencies of localgovernment, the State and the Federal Government;
(4) Identify the sources of funding for servicesprovided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assistthe Department in providing those services and in the planning and budgetingfor the future provision of those services; and
(6) Contain any other information necessary forthe Department to communicate effectively with the Federal Governmentconcerning demographic trends, formulas for the distribution of federal moneyand any need for the modification of programs administered by the Department.
(d) May, by regulation, require nonprofit organizationsand state and local governmental agencies to provide information to himregarding the programs of those organizations and agencies, excluding detailedinformation relating to their budgets and payrolls, which he deems necessaryfor his performance of the duties imposed upon him pursuant to this section.
(e) Has such other powers and duties as are provided bylaw.
2. Notwithstanding any other provision of law, theDirector, or his designee, is responsible for appointing and removingsubordinate officers and employees of the Department, other than:
(a) The Administrator of the Division of Mental Healthand Developmental Services who is appointed pursuant to subsection 3;
(b) The Executive Director of the Nevada IndianCommission who is appointed pursuant to NRS233A.055; and
(c) The State Public Defender of the Office of StatePublic Defender who is appointed pursuant to NRS180.010.
3. The Governor shall appoint the Administrator of theDivision of Mental Health and Developmental Services.
(Added to NRS by 1963, 888; A 1965, 369, 770; 1967,827; 1969, 915, 1011; 1971, 374; 1973, 1387, 1625, 1692; 1975, 1633; 1977,1120; 1979, 877; 1981, 1902; 1983, 838; 1985, 1366, 2277; 1987, 881, 1543,1642; 1991, 332, 1054, 2109, 2114, 2115, 2120, 2137, 2139; 1993, 598, 599,1487, 2674; 1995, 579; 1997, 2606;
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(Added to NRS by 1963, 889; A 1985, 408)
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1. Is in the unclassified service of the State unlessfederal law or regulation requires otherwise.
2. Shall administer the provisions of law relating tohis division, subject to the administrative supervision of the Director.
3. Except as otherwise provided in
(Added to NRS by 1963, 889; A 1965, 706; 1967, 1492;1971, 1428; 1973, 1625; 1979, 877; 1981, 1276; 1985, 408; 1995, 2311; 1997,2607; 1999, 2242)
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1. The administrators of the divisions of theDepartment, except as otherwise provided in subsections 2 and 3, may eachappoint, with the consent of the Director, a deputy and a chief assistant inthe unclassified service of the State.
2. The Administrator of the Division of Child andFamily Services of the Department shall appoint, with the consent of theDirector, four deputies in the unclassified service of the State, one of whomis the Deputy Administrator for Youth Corrections who is responsible only forcorrectional services for youths for which the Division is responsible,including, without limitation, juvenile correctional institutions, parole ofjuveniles, administration of juvenile justice and programs for juvenilejustice.
3. The Administrator of the Division of Health CareFinancing and Policy of the Department may appoint, with the consent of theDirector, two deputies in the unclassified service of the State.
(Added to NRS by 1963, 889; A 1967, 1492; 1971, 1429;1973, 1625; 1979, 878; 1981, 1276; 1985, 408; 1991, 2120; 1995, 2343; 1997,2607; 1999, 2242,2851;
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1. In addition to the adoption of any state planrequired pursuant to NRS 422.271 andexcept as otherwise provided in NRS422A.260, 427A.040,
(a) The requirements for eligibility;
(b) The nature and amounts of grants and otherassistance which may be provided;
(c) The conditions imposed; and
(d) Such other provisions relating to the developmentand administration of the program as the Director or his designee deemsnecessary.
2. In developing and revising such a plan, theDirector or his designee shall consider, without limitation:
(a) The amount of money available from the FederalGovernment;
(b) The conditions attached to the acceptance of thatmoney; and
(c) The limitations of legislative appropriations andauthorizations,
for theparticular program to which the plan applies.
3. If a condition to the receipt of federal money isthat the program for which the money is received must apply statewide andexcept as otherwise required by federal law or regulation, the Director mayadopt regulations establishing formulas for the:
(a) Distribution of the federal money; and
(b) Assessment of any penalties or other sanctionsimposed on the program.
(Added to NRS by
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1. Except for gifts or grants specifically accountedfor in another fund, all gifts or grants of money or other property which thedivisions of the Department are authorized to accept must be accounted for inthe Department of Health and Human Services Gift Fund, which is hereby createdas a special revenue fund. The Fund is a continuing fund without reversion. TheDepartment may establish such accounts in the Fund as are necessary to accountproperly for gifts received. All such money received by the divisions must bedeposited in the State Treasury for credit to the Fund. The money in the Fundmust be paid out on claims as other claims against the State are paid. Unlessotherwise specifically provided by statute, claims against the Fund must beapproved by the Director or his delegate.
2. Gifts of property other than money may be sold orexchanged when this is deemed by the head of the facility or agency responsiblefor the gift to be in the best interest of the facility or agency. The saleprice must not be less than 90 percent of the value determined by a qualifiedappraiser appointed by the head of the facility or agency. All money receivedfrom the sale must be deposited in the State Treasury to the credit of theappropriate gift account in the Department of Health and Human Services GiftFund. The money may be spent only for the purposes of the facility or agencynamed in the title of the account. The property may not be sold or exchanged ifto do so would violate the terms of the gift.
(Added to NRS by 1981, 76; A 1997, 123;
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(Added to NRS by 1987, 1438; A 1989, 1952; 1995,1576)
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1. The Department, in collaboration with any state orlocal agencies or community-based organizations which provide information andreferral services concerning health, welfare, human and social services and anygroup established by the Governor to implement a statewide information andreferral system concerning health, welfare, human and social services, shallestablish and maintain a statewide information and referral system to providenonemergency information and referrals to the general public concerning thehealth, welfare, human and social services provided by public or privateentities in this State. The system must:
(a) Integrate any information and referral systemspreviously established by state agencies, local agencies or community-basedorganizations with the system established pursuant to this section;
(b) Be the sole system in this State which isaccessible to a person by dialing the digits 2-1-1 and which providesnonemergency information and referrals to the general public concerning thehealth, welfare, human and social services provided by public or privateentities in this State;
(c) Be accessible to a person using the publictelephone system by dialing the digits 2-1-1; and
(d) Include information that is updated periodically.
2. In establishing the statewide information andreferral system, the Department, any state or local agencies or community-basedorganizations which provide information and referral services concerninghealth, welfare, human and social services and any group established by theGovernor to implement a statewide information and referral system concerninghealth, welfare, human and social services shall consult with representativesof:
(a) The Public Utilities Commission of Nevada;
(b) Telephone companies which provide service through alocal exchange in this State;
(c) Companies that provide wireless phone services inthis State;
(d) Existing information and referral servicesestablished by state agencies, local agencies or community-based organizations;
(e) State and local agencies or other organizationsthat provide health, welfare, human and social services;
(f) Nonprofit organizations; and
(g) Such other agencies, entities and organizations asdetermined necessary by the Department, any state or local agencies orcommunity-based organizations which provide information and referral servicesconcerning health, welfare, human and social services or any group establishedby the Governor to implement a statewide information and referral systemconcerning health, welfare, human and social services.
3. The Public Utilities Commission of Nevada, eachtelephone company which provides service through a local exchange in this Stateand each company that provides wireless phone services in this State shallcooperate with the Department, any state or local agencies or community-basedorganizations which provide information and referral services concerninghealth, welfare, human and social services and any group established by theGovernor to implement a statewide information and referral system concerning health,welfare, human and social services in the establishment of the statewideinformation and referral system.
(Added to NRS by
Commission on Mental Health and Developmental Services
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1. There is hereby created in the Department aCommission on Mental Health and Developmental Services consisting of ninemembers appointed by the Governor, at least three of whom have training orexperience in dealing with mental retardation.
2. The Governor shall appoint:
(a) A psychiatrist licensed to practice medicine inthis State, from a list of three candidates submitted by the Nevada PsychiatricAssociation;
(b) A psychologist licensed to practice in this Stateand experienced in clinical practice, from a list of four candidates submittedby the Nevada State Psychological Association, two of whom must be fromnorthern Nevada and two of whom must be from southern Nevada;
(c) A physician, other than a psychiatrist, licensed topractice medicine in this State and who has experience in dealing with mentalretardation, from a list of three candidates submitted by the Nevada StateMedical Association;
(d) A social worker who has a masters degree and hasexperience in dealing with mental illness or mental retardation, or both;
(e) A registered nurse licensed to practice in thisState who has experience in dealing with mental illness or mental retardation,or both, from a list of three candidates submitted by the Nevada NursesAssociation;
(f) A marriage and family therapist licensed topractice in this State, from a list of three candidates submitted by the NevadaAssociation for Marriage and Family Therapy;
(g) A current or former recipient of mental healthservices provided by the State or any agency thereof;
(h) A representative of the general public who has aspecial interest in the field of mental health; and
(i) A representative of the general public who has aspecial interest in the field of mental retardation.
3. The Governor shall appoint the Chairman of theCommission from among its members.
4. After the initial terms, each member shall serve aterm of 4 years. If a vacancy occurs during a members term, the Governor shallappoint a person qualified under this section to replace that member for theremainder of the unexpired term.
(Added to NRS by 1985, 2275; A 1989, 1549;
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1. The Commission shall meet at the call of theChairman at least 6 times but not more than 12 times a year. A meeting may lastfor more than 1 day. A majority of the members of the Commission constitutes aquorum and is required to transact any business of the Commission.
2. Each member of the Commission is entitled toreceive a salary of not more than $80, as fixed by the Commission, for each dayhe is engaged in the business of the Commission.
3. While engaged in the business of the Commission,each member and employee of the Commission is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.
4. A person is ineligible for appointment to orcontinued service on the Commission if he or his spouse owns an interest in oris employed by any enterprise or organization, whether or not conducted forprofit, which derives 25 percent or more of its gross revenues from theDivision of Mental Health and Development Services.
(Added to NRS by 1985, 2276; A 1987, 1303; 1989,1708; 1999, 111)(Substitutedin revision for NRS 232.306)
Division of Health Care Financing and Policy
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Grants Management Advisory Committee
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1. The Grants Management Advisory Committee is herebycreated within the Department.
2. The Advisory Committee consists of the following 11members appointed by the Director:
(a) A superintendent of a county school district;
(b) A director of a local agency providing services forabused or neglected children;
(c) A representative of a community organizationinvolved with children;
(d) A representative of a department of juvenilejustice services;
(e) A member who possesses knowledge, skill andexperience in the provision of services to senior citizens;
(f) Two members who possess knowledge, skill andexperience in finance or in business generally;
(g) A representative of the Nevada Association ofCounties;
(h) A representative of a broad-based nonprofitorganization who possesses knowledge, skill and experience in collaboratingwith the community and in building partnerships between the public sector andthe private sector; and
(i) Two members of the public who possess knowledge ofor experience in the provision of services to persons or families who aredisadvantaged or at risk.
3. The Director shall ensure that, insofar aspracticable, the members whom he appoints reflect the ethnic and geographicaldiversity of this State.
4. After the initial terms, each member of theAdvisory Committee serves for a term of 2 years. Each member of the AdvisoryCommittee continues in office until his successor is appointed.
5. Each member of the Advisory Committee who is not anofficer or employee of this State or a political subdivision of this State isentitled to receive a salary of not more than $80 per day, fixed by theDirector, while engaged in the business of the Advisory Committee.
6. While engaged in the business of the AdvisoryCommittee, each member of the Advisory Committee is entitled to receive the perdiem allowance and travel expenses provided for state officers and employeesgenerally.
7. A majority of the members of the Advisory Committeeconstitutes a quorum for the transaction of business, and a majority of aquorum present at any meeting is sufficient for any official action taken bythe Advisory Committee.
8. A member of the Advisory Committee who is anofficer or employee of this State or a political subdivision of this State mustbe relieved from his duties without loss of his regular compensation so that hemay prepare for and attend meetings of the Advisory Committee and perform anywork necessary to carry out the duties of the Advisory Committee in the mosttimely manner practicable. A state agency or political subdivision of thisState shall not require an officer or employee who is a member of the AdvisoryCommittee to:
(a) Make up the time he is absent from work to carryout his duties as a member of the Advisory Committee; or
(b) Take annual leave or compensatory time for theabsence.
9. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, electa Chairman from among its members;
(b) Meet at the call of the Director, the Chairman or amajority of its members as necessary, within the budget of the AdvisoryCommittee, but not to exceed six meetings per year; and
(c) Adopt rules for its own management and government.
(Added to NRS by
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1. Review all requests received by the Department forawards of money from agencies of the State or its political subdivisions andnonprofit community organizations or educational institutions which provide orwill provide services to persons served by the programs administered by theDepartment;
2. Submit recommendations to the Director concerningeach request for an award of money that the Advisory Committee believes shouldbe granted, including, without limitation, the name of the agency, nonprofitcommunity organization or educational institution that submitted the request;
3. Adopt policies setting forth criteria to determinewhich agencies, organizations and institutions to recommend for an award ofmoney;
4. Monitor awards of money granted by the Departmentto agencies of the State or its political subdivisions, and nonprofit communityorganizations or educational institutions which provide or will provideservices to persons served by the programs administered by the Department;
5. Assist the staff of the Department in determiningthe needs of local communities and in setting priorities for funding programsadministered by the Department; and
6. Consider funding strategies for the Department,including, without limitation, seeking ways to avoid unnecessary duplication ofthe services for which awards of money to agencies of the State or itspolitical subdivisions and nonprofit community organizations or educationalinstitutions are granted, and make recommendations concerning fundingstrategies to the Director.
(Added to NRS by
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1. To consider specific problems or other matters thatare related to and within the scope of the functions of the Advisory Committee;and
2. To review requests for awards of money related tospecific programs administered by the Department.
(Added to NRS by
Division of Child and Family Services
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Miscellaneous Provisions
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Office of Minority Health
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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1. Improve the quality of health care services formembers of minority groups;
2. Increase access to health care services for membersof minority groups; and
3. Disseminate information to and educate the publicon matters concerning health care issues of interest to members of minoritygroups.
(Added to NRS by
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1. In accomplishing its purposes, the Office shall:
(a) Provide a central source of information for the useof the public concerning health care services for members of minority groupsand health care issues of interest to those members;
(b) Identify and use any available resources for theimprovement of the quality of health care services for members of minoritygroups and for increased access to health care services for those members;
(c) Develop and coordinate plans and programs toimprove the quality of health care services for members of minority groups andto increase access to health care services for those members, including,without limitation, plans and programs that primarily serve local communities;
(d) Hold conferences and provide training concerningcultural diversity in the workplace for public and private entities that offerservices in the field of health care, including, without limitation, providingrecommendations and opportunities for training for such public and privateentities to improve recruitment of members of minority groups;
(e) Whenever possible, incorporate the use of bilingualcommunication in its programs and activities;
(f) Publicize health care issues of interest to membersof minority groups; and
(g) Develop and carry out such other programs andactivities as the Office deems appropriate.
2. In carrying out the duties set forth in subsection1, the Office may seek assistance from and cooperate with a public or privateentity.
(Added to NRS by
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1. Apply for any available grants and accept anyavailable gifts, grants, appropriations or donations, and use any such gifts,grants, appropriations or donations to carry out its purposes;
2. Contract with a public or private entity to assistin carrying out its purposes; and
3. Adopt such regulations as are necessary to carryout the provisions of NRS 232.467 to
(Added to NRS by
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(Added to NRS by
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1. Ensure that the purposes of the Office are carriedout;
2. Direct and supervise all the technical andadministrative activities of the Office;
3. Attend the meetings of the Advisory Committee,serve as secretary at those meetings and keep minutes of those meetings;
4. Request and consider the advice of the AdvisoryCommittee concerning matters of policy;
5. Serve as the contracting officer for the Office toreceive money from the Federal Government or any other source; and
6. Act as liaison between the Office, members ofminority groups, and public and private entities offering health care servicesprimarily to those members or offering health care information of interest tothose members.
(Added to NRS by
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(Added to NRS by
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1. The Manager may, within the limits of legislativeappropriations and other available money, award a grant of money to a personfor use consistent with the provisions of NRS232.467 to 232.484, inclusive.
2. Before the Manager may award a grant pursuant tosubsection 1, he shall adopt by regulation:
(a) Procedures by which a person may apply for a grantfrom the Manager;
(b) Criteria that the Manager will consider indetermining whether to award a grant; and
(c) Procedures by which the Manager will distribute anymoney that the Office receives pursuant to subsection 1 of
(Added to NRS by
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1. There is hereby created in the Office an AdvisoryCommittee consisting of nine members appointed by the Governor.
2. When appointing a member to the Advisory Committee,consideration must be given to whether the members appointed to the AdvisoryCommittee reflect the ethnic and geographical diversity of this State.
3. The term of each member of the Advisory Committeeis 2 years. A member may be reappointed for an additional term of 2 years inthe same manner as the original appointment. A vacancy occurring in themembership of the Advisory Committee must be filled in the same manner as theoriginal appointment.
4. At its first meeting and annually thereafter, theAdvisory Committee shall elect a Chairman from among its members.
(Added to NRS by
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1. Each member of the Advisory Committee who is not anofficer or employee of the State of Nevada is entitled to receive a salary ofnot more than $80 per day, as fixed by the Manager in consultation with theAdvisory Committee, for each day or portion of a day spent on the business ofthe Advisory Committee. Each member of the Advisory Committee who is an officeror employee of the State of Nevada serves without additional compensation. Eachmember of the Advisory Committee is entitled to receive the per diem allowanceand travel expenses provided for state officers and employees generally. Aclaim for a payment pursuant to this section must be made on a voucher approvedby the Manager and paid as other claims against the State are paid.
2. Each member of the Advisory Committee who is anofficer or employee of the State of Nevada or a local government must berelieved from his duties without loss of his regular compensation so that hemay prepare for and attend meetings of the Advisory Committee and perform anywork necessary to carry out the duties of the Advisory Committee in the mosttimely manner practicable. A state agency or local governmental entity may notrequire an employee who is a member of the Advisory Committee to make up timeor take annual vacation or compensatory time for the time that he is absentfrom work to carry out his duties as a member of the Advisory Committee.
(Added to NRS by
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1. Advise the Manager on all matters concerning themanner in which the purposes of the Office are being carried out;
2. Review the manner in which the Office uses anygifts, grants, donations or appropriations to carry out the purposes of theOffice and make recommendations; and
3. Review any reports to be submitted by the Manager,including, without limitation, the report required pursuant to
(Added to NRS by
DEPARTMENT OF BUSINESS AND INDUSTRY
Generally
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1. Department means the Department of Business andIndustry.
2. Director means the Director of the Department.
(Added to NRS by 1963, 661; A 1987, 395; 1993, 1484;1995, 2246, 2708; 1997, 662)
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1. The Department of Business and Industry is herebycreated.
2. The Department consists of a Director and thefollowing:
(a) Consumer Affairs Division.
(b) Division of Financial Institutions.
(c) Housing Division.
(d) Manufactured Housing Division.
(e) Real Estate Division.
(f) Division of Insurance.
(g) Division of Industrial Relations.
(h) Office of Labor Commissioner.
(i) Taxicab Authority.
(j) Nevada Athletic Commission.
(k) Office of the Nevada Attorney for Injured Workers.
(l) Transportation Services Authority.
(m) Division of Mortgage Lending.
(n) Any other office, commission, board, agency orentity created or placed within the Department pursuant to a specific statute,the budget approved by the Legislature or an executive order, or an entitywhose budget or activities have been placed within the control of theDepartment by a specific statute.
(Added to NRS by 1963, 661; A 1973, 1071, 1481; 1975,394, 624; 1979, 1218; 1983, 1475, 1698; 1991, 1608; 1993, 1485; 1995, 32, 2246;1997, 1970; 1999, 3617;2001, 2904;
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1. Is appointed by, is responsible to, and serves atthe pleasure of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment oroccupation. The Director may participate in any technical studies, statisticalresearch, seminars or other educational activities, in the same manner as anychief of a division of the Department, to educate persons about the duties,programs and activities of the Department or to improve the administration andeffectiveness of the Department, if such participation does not interfere withthe performance of his duties as Director of the Department.
4. Must have had at least 5 years of responsibleadministrative experience in public or business administration or must possessbroad management skills in areas related to the functions of agencies composingthe Department.
5. Must be selected with special reference to histraining, experience and aptitude for coordinating agencies dealing withcommercial activities that are subject to the regulatory authority of theDepartment. His knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrativeprinciples and a working knowledge of broad principles relating to subjectmatters under his administrative direction.
(b) The administrative ability to assess the adequacyof agency operations and the protection of the public interest as related tothe subject fields.
(c) An ability to organize and present oral and writtencommunication to the Governor, the Legislature and other pertinent officials orpersons.
(d) An ability to oversee the carrying out of thestatutory responsibilities of the Department and departmental policies, rulesand regulations.
(Added to NRS by 1963, 661; A 1963, 1333; 1965, 702;1967, 1491; 1971, 1427; 1981, 1275; 1985, 406; 1991, 978; 1993,1485)(Substituted in revision for NRS 232.240)
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1. Shall appoint a chief or executive director, orboth of them, of each of the divisions, offices, commissions, boards, agenciesor other entities of the Department, unless the authority to appoint such achief or executive director, or both of them, is expressly vested in anotherperson, board or commission by a specific statute. In making the appointments,the Director may obtain lists of qualified persons from professionalorganizations, associations or other groups recognized by the Department, ifany. The Chief of the Consumer Affairs Division is the Commissioner of ConsumerAffairs, the Chief of the Division of Financial Institutions is the Commissionerof Financial Institutions, the Chief of the Housing Division is the Administratorof the Housing Division, the Chief of the Manufactured Housing Division is theAdministrator of the Manufactured Housing Division, the Chief of the RealEstate Division is the Real Estate Administrator, the Chief of the Division ofInsurance is the Commissioner of Insurance, the Chief of the Division ofIndustrial Relations is the Administrator of the Division of IndustrialRelations, the Chief of the Office of Labor Commissioner is the LaborCommissioner, the Chief of the Taxicab Authority is the Taxicab Administrator,the Chief of the Transportation Services Authority is the Chairman of theAuthority, the Chief of the Division of Mortgage Lending is the Commissioner ofMortgage Lending and the chief of any other entity of the Department has thetitle specified by the Director, unless a different title is specified by aspecific statute.
2. Is responsible for the administration of allprovisions of law relating to the jurisdiction, duties and functions of alldivisions and other entities within the Department. The Director may, if hedeems it necessary to carry out his administrative responsibilities, beconsidered as a member of the staff of any division or other entity of theDepartment for the purpose of budget administration or for carrying out anyduty or exercising any power necessary to fulfill the responsibilities of theDirector pursuant to this subsection. This subsection does not allow theDirector to preempt any authority or jurisdiction granted by statute to anydivision or other entity within the Department or to act or take on a functionthat would contravene a rule of court or a statute.
3. May:
(a) Establish uniform policies for the Department,consistent with the policies and statutory responsibilities and duties of thedivisions and other entities within the Department, relating to mattersconcerning budgeting, accounting, planning, program development, personnel,information services, dispute resolution, travel, workplace safety, theacceptance of gifts or donations, the management of records and any othersubject for which a uniform departmental policy is necessary to ensure the efficientoperation of the Department.
(b) Provide coordination among the divisions and otherentities within the Department, in a manner which does not encroach upon theirstatutory powers and duties, as they adopt and enforce regulations, executeagreements, purchase goods, services or equipment, prepare legislative requestsand lease or use office space.
(c) Define the responsibilities of any persondesignated to carry out the duties of the Director relating to financing,industrial development or business support services.
4. May, within the limits of the financial resourcesmade available to him, promote, participate in the operation of, and create orcause to be created, any nonprofit corporation, pursuant to
5. For any bonds which he is otherwise authorized toissue, may issue bonds the interest on which is not exempt from federal incometax or excluded from gross revenue for the purposes of federal income tax.
6. May, except as otherwise provided by specificstatute, adopt by regulation a schedule of fees and deposits to be charged inconnection with the programs administered by him pursuant to
7. May designate any person within the Department toperform any of the duties or responsibilities, or exercise any of theauthority, of the Director on his behalf.
8. May negotiate and execute agreements with public orprivate entities which are necessary to the exercise of the powers and dutiesof the Director or the Department.
9. May establish a trust account in the State Treasuryfor depositing and accounting for money that is held in escrow or is on depositwith the Department for the payment of any direct expenses incurred by theDirector in connection with any bond programs administered by the Director. Theinterest and income earned on money in the trust account, less any amountdeducted to pay for applicable charges, must be credited to the trust account.Any balance remaining in the account at the end of a fiscal year may be:
(a) Carried forward to the next fiscal year for use incovering the expense for which it was originally received; or
(b) Returned to any person entitled thereto inaccordance with agreements or regulations of the Director relating to thosebond programs.
(Added to NRS by 1963, 1072; A 1969, 141; 1973, 1071,1482; 1975, 394, 625; 1979, 128, 1218; 1981, 1620; 1983, 1475, 1698; 1987,1349, 1873; 1989, 1389, 1998; 1991, 979, 1311, 1608, 1637, 2252; 1993, 614,1485; 1995, 2246; 1997, 1971;
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1. Create within the Department, as part of the Officeof the Director, an Office of Business Finance and Planning to:
(a) Administer and coordinate programs related tofinancing for the assistance of entities engaged in business and industry inthis state;
(b) Provide information to the public concerning theregulatory programs, assistance programs, and other services and activities ofthe Department; and
(c) Interact with other public or private entities tocoordinate and improve access to the Departments programs related to thegrowth and retention of business and industry in this state.
2. Create within the Department, as part of the Officeof Business Finance and Planning, a Center for Business Advocacy and Services:
(a) To assist small businesses in obtaining informationabout financing and other basic resources which are necessary for success;
(b) In cooperation with the Executive Director of theCommission on Economic Development, to increase public awareness of theimportance of developing manufacturing as an industry and to assist inidentifying and encouraging public support of businesses and industries thatmanufacture goods in this state;
(c) To serve as an advocate for small businesses,subject to the supervision of the Director or his representative, both withinand outside the Department;
(d) To assist the Office of Business Finance andPlanning in establishing an information and referral service within the Departmentthat is responsive to the inquiries of business and industry which are directedto the Department or any entity within the Department; and
(e) In cooperation with the Executive Director of theCommission on Economic Development, to advise the Director and the Office ofBusiness Finance and Planning in developing and improving programs of theDepartment to serve more effectively and support the growth, development anddiversification of business and industry in this state.
3. Require divisions, offices, commissions, boards,agencies or other entities of the Department to work together to carry outtheir statutory duties, to resolve or address particular issues or projects orotherwise to increase the efficiency of the operation of the Department as awhole and the level of communication and cooperation among the various entitieswithin the Department.
(Added to NRS by 1995, 2243)
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(Added to NRS by 1963, 662; A 1985, 407)(Substitutedin revision for NRS 232.260)
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1. Is in the unclassified service of the State.
2. Shall administer the provisions of law relating tohis division, subject to the administrative supervision of the Director.
3. Except as otherwise provided in
(Added to NRS by 1963, 1073; A 1967, 1491; 1971,1427; 1973, 1071; 1979, 129; 1981, 1275; 1985, 407; 1995, 2311)
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1. The chiefs of the divisions of the Department mayappoint assistants within the limits of the money available for each positionand subject to the approval of the Director.
2. These assistants are in the unclassified service ofthe State. Except as otherwise provided in NRS284.143, each assistant shall devote his entire time and attention to thebusiness of his office and shall not pursue any other business or occupation orhold any other office of profit.
(Added to NRS by 1963, 662; A 1967, 1491; 1971, 1428;1973, 1071; 1981, 1275; 1983, 1458; 1985, 407; 1991, 1609; 1993, 1486; 1995,2311)
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(Added to NRS by 1995, 2708)
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1. The Chief of the Housing Division of the Departmentshall appoint, with the consent of the Director, a Chief Financial Officer forthe Housing Division.
2. The Chief Financial Officer for the HousingDivision must:
(a) Be a certified public accountant licensed by thisstate or another state of the United States;
(b) Have 5 years of responsible experience ininvestment banking and general accounting; or
(c) Have a comprehensive knowledge of the principlesand practices of public finance and 5 years of responsible experience in thatfield.
3. The Chief Financial Officer for the HousingDivision is:
(a) In the unclassified service of the State.
(b) Directly responsible to the Chief of the HousingDivision.
(Added to NRS by 1987, 395)(Substituted in revisionfor NRS 232.283)
NRS
1. An Investigative Account for Financial Institutionsis hereby created in the State General Fund. The Account consists of moneywhich is:
(a) Received by the Department of Business and Industryin connection with the licensing of financial institutions and theinvestigation of persons associated with those institutions; and
(b) Required by law to be placed therein.
2. The Director of the Department of Business andIndustry or his designee may authorize expenditures from the InvestigativeAccount to pay the expenses incurred:
(a) In investigating applications for licensing offinancial institutions and in investigating persons associated with thoseinstitutions;
(b) In conducting special investigations relating tofinancial institutions and persons associated with those institutions; and
(c) In connection with mergers, consolidations,conversions, receiverships and liquidations of financial institutions.
3. As used in this section, financial institutionmeans an institution for which licensing or registration is required by theprovisions of titles 55 and 56 and chapters 604Aand 649 of NRS.
(Added to NRS by 1983, 1315; A 1991, 1757; 1993,1487; 1999, 3808;2001, 2047;
NRS
1. An Account for Special Projects to Assist in theDevelopment of Services for Business and Industry is hereby created in theState General Fund. The Account must be administered by the Director. TheDirector may apply for and accept any gift, donation, bequest, grant or othersource of money for deposit in the Account. The money in the Account may beexpended in accordance with the terms and conditions of the gift, donation,bequest or grant, or in accordance with subsection 2.
2. Except as otherwise provided in subsection 1, themoney in the Account may be used only in carrying out the duties of thedirector as they relate to developing and administering special projects toprovide services for business and industry in this state.
(Added to NRS by 1995, 2243)
NRS
1. A division, office, authority, commission, board orother entity set forth in NRS 232.510may adopt regulations to establish procedures to conduct businesselectronically with persons who have business with that division, office,authority, commission, board or other entity. The regulations may include,without limitation, the establishment of fees to cover the costs to thedivision, office, authority, commission, board or other entity of conductingbusiness electronically.
2. Notwithstanding any other provision, if a division,office, authority, commission, board or other entity adopts regulations toconduct business electronically pursuant to subsection 1, the division, office,authority, commission, board or other entity may provide that a declarationmade pursuant to NRS 53.045 may satisfythe requirement that a signature or statement be notarized, acknowledged,verified or made under oath.
3. The division, office, authority, commission, boardor other entity may refuse to conduct business electronically with a person whohas failed to pay money owed to the division, office, authority, commission,board or other entity.
(Added to NRS by
NRS
1. Except if a particular procedure for resolving adispute is required by a specific statute, and except as otherwise provided insubsection 2, the Director may authorize any entity within the Department orany natural person who is subject to the authority of the Director to usealternative means of dispute resolution in any proceeding if the alternativemeans can be:
(a) Carried out by the available personnel of theDepartment or persons under contract with the Department; and
(b) Paid for with money that is available in theexisting budget of the affected entity of the Department.
2. Before authorizing an entity of the Department touse alternative means of dispute resolution, the Director must notify theAttorney General. The Attorney General, within 30 days after his receipt of thenotification from the Director, shall respond to the Director concerning theadvisability of using alternative means of dispute resolution to resolve thedispute at issue. The Director shall consider the advice of the AttorneyGeneral but may authorize an entity of the Department to use alternative meansof dispute resolution unless the Attorney General indicates in his responsethat he officially opposes the use of such means. If the Attorney General failsto respond within 30 days after his receipt of the notification, the Directormay authorize the use of alternative means of dispute resolution.
3. The alternative means of dispute resolution may include,without limitation, evaluation of the facts and issues in a dispute by aneutral person, fact-finding, mediation, arbitration or other collaborativeproblem-solving processes designed to encourage persons to work together todevelop agreeable solutions to disputes in lieu of litigation or adjudicationof contested cases in administrative hearings.
4. Any entity which, or natural person who, hasreceived authorization from the director to use alternative means of disputeresolution may enter into a contract to facilitate the use of such means,subject to the approval of the Attorney General, the limitations set forth insubsection 1 and the provisions of NRS284.173.
(Added to NRS by 1995, 2244)
Division of Industrial Relations
NRS
1. Administrator means the Administrator of theDivision.
2. Director means the Director of the Department ofBusiness and Industry.
3. Division means the Division of IndustrialRelations of the Department of Business and Industry.
4. Insurer includes:
(a) A self-insured employer;
(b) An association of self-insured public employers;
(c) An association of self-insured private employers;and
(d) A private carrier.
(Added to NRS by 1981, 1517; A 1993, 774, 775, 1488;1995, 531, 2040; 1999,1809)
NRS
1. There is hereby created in the Division an AdvisoryCouncil composed of seven members appointed by the Governor.
2. The Advisory Council must be composed of:
(a) Three representatives of labor, at least two ofwhom must represent organized labor;
(b) Three representatives of management, at least twoof whom must represent employers who employ at least 250 persons; and
(c) One representative of the general public who isknowledgeable in the field of industrial relations.
3. Any member who is appointed to fill a vacancy mustbe appointed in the same manner and possess the same general qualifications ashis predecessor in office.
(Added to NRS by 1981, 1517; A 1985, 1552; 1993,1488)
NRS
1. The Council shall meet at least twice annually attimes and places specified by a call of the Chairman, the Administrator or amajority of the Council. Special meetings, not to exceed six per year, may beheld at the call of the Chairman, the Administrator or a majority of theCouncil.
2. The Council shall select from its members aChairman and Vice Chairman who shall hold office for 1 year. The Administratorshall act as Secretary of the Council.
3. The Council may prescribe such bylaws as it deemsnecessary for its operation.
4. Four members of the Council constitute a quorum,and a quorum may exercise all the power and authority conferred on the Council.
(Added to NRS by 1981, 1518; A 1993, 1489)
NRS
(Added to NRS by 1981, 1518; A 1985, 410)
NRS
1. The Council shall act in an advisory capacity tothe Administrator and may, on its own initiative or at the request of theAdministrator, conduct studies or investigations concerning the organizationand administration of the Division and make recommendations to theAdministrator based on the results of such studies or investigations.
2. The Council shall review on a quarterly basis therecords of oral complaints compiled by the Division pursuant to
3. The Council, by the affirmative vote of a majorityof its members, may remove from the records of the Division the name of adebtor and the amount of any debt owed by him, if 3 years have elapsed sincethe debt was incurred and the Council determines that the debt remainsimpossible or impractical to collect. The Division shall establish a masterfile containing the information removed from its official records pursuant tothis subsection.
(Added to NRS by 1981, 1518; A 1989, 472; 1991, 2435;1993, 1489)
NRS
1. Is appointed by, is responsible to and serves atthe pleasure of the Director.
2. Is in the unclassified service of the State.
3. Except as otherwise provided in
4. Must have responsible administrative experience inpublic or business administration or possess broad management skills in areasrelated to the functions of the Division.
5. Must have the demonstrated ability to administer amajor public agency in the field of industrial relations. His knowledge andabilities must include:
(a) A comprehensive knowledge of administrativeprinciples and a working knowledge of broad principles relating to the subjectmatters under his administrative direction;
(b) An administrative ability to assess the adequacy ofagency operations and the protection of the public interest as related to thesubject fields; and
(c) An ability to organize and present oral and writtencommunication to the governor, the legislature, and other pertinent officialsor other persons.
6. Must possess a background which indicates that hecan impartially serve the interests of both employees and employers.
7. Must not, at the time of his appointment or at anytime during his term of office:
(a) Be an officer, director or employee, or have anypersonal or private interest in any operating mine, mill, smelter or orereduction plant or the products thereof;
(b) Hold, directly or indirectly, any financialinterest in any company, partnership, organization or corporation or subsidiaryof a corporation, which owns, operates or has a financial interest in any mineswhich are subject to the provisions of chapter 512of NRS; or
(c) Be an officer or employee of any labororganization.
(Added to NRS by 1981, 1518; A 1983, 1458; 1985, 410;1993, 1489; 1995, 2311)
NRS
1. Is responsible for the administration of theprovisions of chapters 512 and
2. Has such other powers and duties as are provided bylaw.
(Added to NRS by 1981, 1518; A 1985, 255; 1991, 2435;1993, 1490)
NRS
1. The Administrator may appoint such assistantadministrators of the Division as necessary for the administration of theDivision and assign the duties of the assistant administrators.
2. An assistant administrator is in the unclassifiedservice of the State.
3. Except as otherwise provided in
(Added to NRS by 1981, 1519; A 1983, 1459; 1985, 411;1993, 1490; 1995, 2312)
NRS
(Added to NRS by 1981, 1519; A 1985, 411, 866; 1993,1490)
NRS
1. The Administrator may:
(a) Appoint one or more legal counsel to provide servicesfor the Division. If appointed, they are in the unclassified service of theState.
(b) Provide for contract services to be rendered bysuch other legal counsel as are needed for assistance in administering the lawsrelating to labor and industrial relations.
2. Each of the legal counsel must be an attorneyadmitted to practice law in Nevada.
3. In the prosecution of all claims and actionsreferred to him, a legal counsel has the same power as that vested in thedistrict attorneys of the several counties to:
(a) Enforce the laws relating to labor and industrialrelations; and
(b) Prosecute for criminal violations of such laws.
(Added to NRS by 1981, 1520; A 1983, 1460; 1985, 411;1991, 2436; 1993, 1491;
NRS
1. Establish divisional goals, objectives andpriorities.
2. Prepare the Divisions budget, legislativeproposals, contracts, agreements and applications for federal assistance.
3. Coordinate divisional programs with otherdepartments and other levels of government.
4. From time to time adopt such regulations as hedeems necessary for the administration of the Division.
5. Except as otherwise provided by a specific statute,direct the Division to share information in its records with agencies of localgovernments which are responsible for the collection of debts or obligations ifthe confidentiality of the information is otherwise maintained under the termsand conditions required by law.
(Added to NRS by 1981, 1519; A 1993, 1491; 1995,1576)
NRS
1. The cost ofcarrying out the provisions of NRS 232.550to 232.700, inclusive, and of supportingthe Division, a full-time employee of the Legislative Counsel Bureau and theFraud Control Unit for Industrial Insurance established pursuant to
2. TheAdministrator shall assess each insurer, including each employer who providesaccident benefits for injured employees pursuant to
(a) Privatecarriers that reflects the relative hazard of the employments covered by theprivate carriers, results in an equitable distribution of costs among theprivate carriers and is based upon expected annual premiums to be received;
(b) Self-insuredemployers that results in an equitable distribution of costs among theself-insured employers and is based upon expected annual expenditures forclaims;
(c) Associationsof self-insured public or private employers that results in an equitabledistribution of costs among the associations of self-insured public or privateemployers and is based upon expected annual expenditures for claims; and
(d) Employerswho provide accident benefits pursuant to NRS616C.265 that reflect the relative hazard of the employments covered bythose employers, results in an equitable distribution of costs among theemployers and is based upon expected annual expenditures for claims.
3. Federalgrants may partially defray the costs of the Division.
4. Assessmentsmade against insurers by the Division after the adoption of regulations must beused to defray all costs and expenses of administering the program of workerscompensation, including the payment of:
(a) Allsalaries and other expenses in administering the Division, including the costsof the office and staff of the Administrator.
(b) Allsalaries and other expenses of administering
(c) The salaryand other expenses of a full-time employee of the Legislative Counsel Bureauwhose principal duties are limited to conducting research and reviewing andevaluating data related to industrial insurance.
(d) Allsalaries and other expenses of the Fraud Control Unit for Industrial Insuranceestablished pursuant to NRS 228.420.
(e) Claimsagainst uninsured employers arising from compliance with
(f) That portion of the salaries and other expenses ofthe Office for Consumer Health Assistance established pursuant to
5. If the Division refunds any part of an assessment,the Division shall include in that refund any interest earned by the Divisionfrom the refunded part of the assessment.
(Added to NRS by 1981, 1520; A 1985, 866; 1991, 2436;1993, 775, 1491; 1995, 579, 2040, 2164; 1997, 579;
NRS
(Added to NRS by 1981, 1519; A 1993, 1492)
NRS
(Added to NRS by 1981, 1520; A 1985, 255; 1991, 1609;1993, 1492)
Division of Insurance
NRS
1. Commissioner means the Commissioner of Insurance.
2. Division means the Division of Insurance of theDepartment of Business and Industry.
(Added to NRS by 1991, 1607; A 1993, 1492)
NRS
1. Is appointed by and responsible to, and serves atthe pleasure of, the Director of the Department of Business and Industry.
2. Is in the unclassified service of the State.
(Added to NRS by 1991, 1607; A 1993, 1492)
NRS
1. May appoint two deputies. The deputies are in theunclassified service of the State. Except as otherwise provided in
2. Is responsible for the administration of theprovisions of title 57 of NRS, and all other provisions of law relating to thefunctions of the Division.
3. May employ such staff as is necessary for theperformance of his duties.
4. Has such other powers and duties as are provided bylaw.
(Added to NRS by 1991, 1607; A 1993, 1492; 1995,2312)
NRS
(Added to NRS by 1991, 1608)
DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION
NRS
1. Department means the Department of Employment,Training and Rehabilitation.
2. Director means the Director of the Department.
(Added to NRS by 1993, 1480; A
NRS
1. The Department of Employment, Training andRehabilitation is hereby created. The purpose of the Department is to plan,coordinate and carry out various services and activities designed to achieveand support employment and economic independence for disadvantaged, displacedand disabled residents of this State.
2. The Department consists of a Director and thefollowing divisions:
(a) Employment Security Division;
(b) Rehabilitation Division; and
(c) Such other divisions as the Director may establish.
3. The Nevada Equal Rights Commission and the Boardfor the Education and Counseling of Displaced Homemakers are within theDepartment.
(Added to NRS by 1993, 1480; A 1997, 3075)
NRS
1. Shall:
(a) Organize the Department into divisions and otheroperating units as needed to achieve the purposes of the Department;
(b) Upon request, provide the Director of theDepartment of Administration with a list of organizations and agencies in thisState whose primary purpose is the training and employment of handicappedpersons; and
(c) Except as otherwise provided by a specific statute,direct the divisions to share information in their records with agencies oflocal governments which are responsible for the collection of debts orobligations if the confidentiality of the information is otherwise maintainedunder the terms and conditions required by law.
2. Is responsible for the administration, through thedivisions of the Department, of the provisions of
3. May employ, within the limits of legislativeappropriations, such staff as is necessary for the performance of the duties ofthe Department.
(Added to NRS by 1993, 1480; A 1995, 1576; 1997,1170, 3075; 1999, 636,870,
NRS
1. Is appointed by, is responsible to, and serves atthe pleasure of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment oroccupation.
(Added to NRS by 1993, 1481)
NRS
1. Bureau of Services to the Blind and VisuallyImpaired.
2. Bureau of Vocational Rehabilitation.
(Added to NRS by 1993, 1481; A 1997, 1171;
NRS
1. The Director shall appointan Administrator of the Rehabilitation Division of the Department. TheAdministrator:
(a) Is in the unclassified service of the State unlessfederal law or regulation requires otherwise, and serves at the pleasure of theDirector.
(b) Shall administer the provisions of law set forth inparagraph (d), subject to the administrative supervision of the Director.
(c) Except as otherwise provided in
(d) Is responsible for the administration, through thebureaus of the Rehabilitation Division, of the provisions of this section,
(e) Is responsible for the preparation of aconsolidated state plan for the Bureau of Services to the Blind and VisuallyImpaired, the Bureau of Vocational Rehabilitation and any other programadministered by the Rehabilitation Division that he considers appropriate toincorporate into the consolidated state plan before submission to the FederalGovernment. This subsection does not apply if any federal regulation existsthat prohibits a consolidated plan.
(f) In developing and revising state plans pursuant toparagraph (e), shall consider, without limitation:
(1) The amount of money available from theFederal Government for the programs of the Rehabilitation Division;
(2) The conditions attached to the acceptance ofthat money; and
(3) The limitations of legislativeappropriations for the programs.
(g) May make such expenditures and investigations,require such reports and take such other actions as he deems necessary orsuitable to carry out the functions of the Rehabilitation Division.
(h) May employ, within the limits of legislativeappropriations, such staff as is necessary to the performance of the duties ofthe Rehabilitation Division.
(i) Shall determine the organization and methods ofprocedure for the Rehabilitation Division in accordance with the provisions ofthis section, NRS 232.940,
(j) May adopt, amend or rescind such rules andregulations as he deems necessary or suitable to carry out the provisions ofthis section, NRS 232.940,
2. The Rehabilitation Division shall serve as thedesignated state unit with respect to state programs for independent livingestablished pursuant to 29 U.S.C. 796 et seq. As used in this subsection,designated state unit has the meaning ascribed to it in 34 C.F.R. 364.4.
(Added to NRS by
NRS
NRS
1. Except for gifts or grants specifically accountedfor in another fund, all gifts or grants of money or other property which theRehabilitation Division of the Department is authorized to accept must beaccounted for in the Department of Employment, Training and RehabilitationsGift Fund, which is hereby created as a special revenue fund. The Fund is acontinuing fund without reversion. The Department may establish such accountsin the Fund as are necessary to account properly for gifts received. All suchmoney received by the Division must be deposited in the State Treasury forcredit to the Fund. The money in the Fund must be paid out on claims as otherclaims against the State are paid. Unless otherwise specifically provided bystatute, claims against the Fund must be approved by the Director or hisdelegate.
2. Gifts of property other than money may be sold orexchanged when it is deemed by the Director to be in the best interest of theRehabilitation Division. The sale price must not be less than 90 percent of thevalue determined by a qualified appraiser appointed by the Director. All moneyreceived from the sale must be deposited in the State Treasury to the credit ofthe Fund. The money may be spent only for the purposes of the Division. Theproperty may not be sold or exchanged if to do so would violate the terms ofthe gift.
(Added to NRS by 1993, 1481; A
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