2005 Nevada Revised Statutes - Chapter 426 — Persons With Disabilities

CHAPTER 426 - PERSONS WITH DISABILITIES

GENERAL PROVISIONS

NRS 426.005 Policyof State of Nevada.

NRS 426.010 Purposesof chapter.

NRS 426.020 Liberalconstruction.

NRS 426.031 Definitions.

NRS 426.041 Blindperson defined.

NRS 426.045 Bureaudefined.

NRS 426.051 Chiefdefined. [Repealed.]

NRS 426.055 Deafperson defined.

NRS 426.061 Departmentdefined.

NRS 426.065 Directordefined.

NRS 426.068 Disabilitydefined.

NRS 426.071 Divisiondefined.

NRS 426.075 Guidedog defined. [Repealed.]

NRS 426.081 Hearingdog defined. [Repealed.]

NRS 426.083 Helpingdog defined. [Repealed.]

NRS 426.085 Schoolfor guide dogs defined. [Repealed.]

NRS 426.091 Schoolfor hearing dogs defined. [Repealed.]

NRS 426.095 Schoolfor helping dogs defined. [Repealed.]

NRS 426.097 Serviceanimal defined.

NRS 426.099 Serviceanimal in training defined.

OFFICE OF DISABILITY SERVICES

General Provisions

NRS 426.205 Definitions.

NRS 426.215 Departmentdefined.

NRS 426.225 Officedefined.

NRS 426.235 Creation;duties.

NRS 426.245 Regulations.

NRS 426.255 AdvisoryCommittee on Deaf and Hard of Hearing Persons: Creation; membership; terms;vacancies; quorum; compensation; members holding public office or employed bygovernmental entity; powers.

 

Use of Signature Stamps by Certain Person With Physical Disabilities

NRS 426.257 Circumstancesunder which signature stamps may be used; treatment of signature stamps;standards regarding signature stamps; regulations.

 

Interagency Advisory Board on Transition Services

NRS 426.258 Definitions.[Effective through June 30, 2013.]

NRS 426.2585 AdvisoryBoard defined. [Effective through June 30, 2013.]

NRS 426.259 Committeedefined. [Effective through June 30, 2013.]

NRS 426.2595 StateRehabilitation Council defined. [Effective through June 30, 2013.]

NRS 426.261 Transitionservices defined. [Effective through June 30, 2013.]

NRS 426.2615 Creation;membership; designation of representative; appointment of members. [Effectivethrough June 30, 2013.]

NRS 426.262 Termsand reappointment of members; vacancies. [Effective through June 30, 2013.]

NRS 426.2625 Electionof Chairman and Vice Chairman; meetings; Secretary; regulations; quorum.[Effective through June 30, 2013.]

NRS 426.263 Membersserve without compensation; members entitled to per diem; members holdingpublic office or employed by governmental entity. [Effective through June 30,2013.]

NRS 426.2635 Powers.[Effective through June 30, 2013.]

NRS 426.264 Annualreport. [Effective through June 30, 2007.]

NRS 426.264 Annualreport. [Effective July 1, 2007 through June 30, 2013.]

 

Program to Enable Persons With Physical Disabilities to Live inUnsupervised Setting

NRS 426.265 Personwith a physical disability defined.

NRS 426.275 Establishment;regulations.

NRS 426.285 Requiredelements of essential personal care.

 

Program to Provide Devices for Telecommunication to Persons WithImpaired Speech or Hearing

NRS 426.295 Developmentand administration; surcharge; creation and use of Account for Services forPersons With Impaired Speech or Hearing.

EXPEDITED SERVICE PERMITS

NRS 426.401 Definitions.

NRS 426.411 Departmentdefined.

NRS 426.421 Expeditedservice permit defined.

NRS 426.431 Personwith a permanent disability defined.

NRS 426.441 Application;issuance; requirements; review of eligibility; fee; regulations.

NRS 426.451 Presentationto officer or employee of state agency; duty of officer or employee to provideexpedited services.

NRS 426.461 Unlawfulacts.

USE OF SERVICE ANIMALS AND WHITE ORMETALLIC CANES

NRS 426.510 Restrictionson use of service animal and white or metallic cane; duties of pedestrian;penalty.

NRS 426.515 Failureto use cane or service animal as evidence of contributory negligence in actionagainst carrier or place of public accommodation.

BUREAU OF SERVICES TO BLIND; REGULATIONS

NRS 426.518 Definitions.

NRS 426.519 Administratordefined.

NRS 426.520 Blindperson further defined.

NRS 426.531 Administrationby Department.

NRS 426.550 Administratoras head of Bureau; powers and duties of Bureau.

NRS 426.555 Administratorto prepare required reports.

NRS 426.560 Regulations.

NRS 426.563 Costsof administration.

NRS 426.567 StateGrant and Gift Account for the Blind.

NRS 426.570 Employees.

NRS 426.573 Disclosureof information concerning applicant for or recipient of services to blindpersons.

NRS 426.575 Paymentof allowance for maintenance to trainee in advance.

NRS 426.590 Bureauas licensing agency under federal law.

NRS 426.600 Denialof services prohibited; exceptions.

NRS 426.610 Fairhearing before hearing officer; judicial review.

ESTABLISHMENT AND OPERATION OF VENDING STANDS ON PUBLICPROPERTY

NRS 426.630 Definitions.

NRS 426.640 Operationof vending stand on public property and property of State Park System by blindperson: Purposes; license.

NRS 426.650 Noticeto Bureau by public agency of location of and license, permit and lease for anyvending stand.

NRS 426.660 Acquisition,construction, remodeling or improvement of public building: Planning forvending stand.

NRS 426.665 Constructionof building by Bureau; approval of Legislature.

NRS 426.670 Surveysby Bureau; establishment and licensing of vending stand; training; contracts;regulations.

NRS 426.675 Business Enterprise Account for the Blind.

NRS 426.677 Managementof money received from vending facility when operator unavailable ortemporarily unable to conduct business.

NRS 426.680 Reviewof recommendation of Bureau if agency rejects establishment of vending stand.

NRS 426.685 Establishmentof vending stand in privately owned building.

NRS 426.690 Limitationon commodities and articles sold at vending stand.

NRS 426.695 Operatorof vending stand may keep service animal on premises.

NRS 426.700 Applicabilityof laws and ordinances to operator of vending stand.

NRS 426.710 Managementand operation of Vending Stand Program for the Blind by nonprofit corporationor agency as trustee; reimbursement by operators of vending stands.

NRS 426.715 Penaltyfor unlawful sale, solicitation or delivery of certain commodities on publicproperty; exemptions.

NRS 426.720 Applicabilityof provisions to operators of vending stands.

PERSONAL ASSISTANCE FOR PERSONS WITH SEVERE FUNCTIONALDISABILITIES

NRS 426.721 Definitions.

NRS 426.722 AdvisoryCommittee defined.

NRS 426.723 Minimumessential personal assistance defined.

NRS 426.724 Reasonablyadequate state funding defined.

NRS 426.725 Recipientdefined.

NRS 426.726 Severefunctional disability defined.

NRS 426.727 Statepersonal assistance program defined.

NRS 426.728 Statepersonal assistance programs required to make services available.

NRS 426.729 Dutiesof Director of Department of Health and Human Services.

NRS 426.731 AdvisoryCommittee: Creation; membership; terms and compensation of members; quorum;duties.

MISCELLANEOUS PROVISIONS

NRS 426.740 Refuelingof vehicle for driver with physical disability; charging greater price for fuelprohibited; exception; penalty.

PENALTIES

NRS 426.790 Unlawfullyinterfering with or allowing dog or other animal to interfere with use ofservice animal or service animal in training; unlawfully beating or killingservice animal or service animal in training; penalties.

NRS 426.800 Fraudulentacts: Penalty; presumption.

NRS 426.805 Fraudulentmisrepresentation of animal as service animal or service animal in trainingunlawful; penalty.

NRS 426.810 Allowingdog or other animal to injure or kill service animal or service animal intraining unlawful; allowing dog or other animal to endanger or injure personaccompanied by service animal or service animal in training unlawful;penalties.

NRS 426.820 Civilliability for engaging in certain prohibited acts concerning service animals orservice animals in training.

_________

GENERAL PROVISIONS

NRS 426.005 Policyof State of Nevada. It is the policy of thisstate to:

1. Enable persons with visual, aural or physicaldisabilities to participate fully in the social and economic life of the Stateand to engage in remunerative employment and to secure for them the same rightsas persons without disabilities to the full and free use of the street,highways, sidewalks, walkways, public buildings, public facilities and otherpublic places.

2. Promote these objectives by periodic publicobservance in which the people of the State are reminded:

(a) Of the significance of the white cane and the blazeorange dog leash.

(b) To observe the provisions of the laws for theprotection of persons with disabilities and to take precautions necessary tothe safety of persons with disabilities.

(c) Of the policies of the State with respect topersons with visual or physical disabilities and to cooperate in giving effectto them.

(d) Of the need to:

(1) Be aware of the presence of persons withdisabilities in the community;

(2) Keep safe and functional for persons withdisabilities the streets, highways, sidewalks, walkways, public buildings,public facilities, other public places, places of public accommodation,amusement and resort, and other places to which the public is invited; and

(3) Offer assistance to persons withdisabilities upon appropriate occasions.

3. Providepersons with disabilities in this state and their families, within the limitsof available resources, assistance in securing an equal opportunity to accessand enjoy fully:

(a) Freedom andindependence in planning and managing their lives, including, withoutlimitation, the ability to exercise individual initiative;

(b) Suitablehousing that is independently selected, designed and located with considerationof the special needs of persons with disabilities, and that is affordable topersons with disabilities;

(c) The bestpossible physical and mental health, without regard to economic status;

(d) Necessaryhealth, personal assistance and independent living services that are designedto enable persons with disabilities to avoid receiving institutional care, orto transition from an institutional setting back to their communities;

(e) Respite forfamily members of persons with disabilities from their duties as primarycaregivers; and

(f) Meaningful participation in a wide range of civic,cultural and recreational opportunities.

(Added to NRS by 1969, 586; A 1987, 822; 2003, 2628)

NRS 426.010 Purposesof chapter. The purposes of this chapter are:

1. To relieve persons with disabilities from thedistress of poverty;

2. To encourage and assist persons with disabilitiesin their efforts to render themselves more self-supporting; and

3. To enlarge the opportunities of persons withdisabilities to obtain education, vocational training and employment.

[1:369:1953](NRS A 1963, 316; 1993, 2789; 2003, 2629)

NRS 426.020 Liberalconstruction. The provisions of this chaptershall be liberally construed to effect their objects and purposes.

[3:369:1953](NRS A 1963, 316)

NRS 426.031 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS426.041 to 426.099, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1981, 1916; A 1987, 823; 1993, 1616;1995, 1992; 2003,2974)

NRS 426.041 Blindperson defined. Blind person means anyperson whose visual acuity with correcting lenses does not exceed 20/200 in thebetter eye, or whose vision in the better eye is restricted to a field whichsubtends an angle of not greater than 20.

(Added to NRS by 1981, 1916)

NRS 426.045 Bureaudefined. Bureau means the Bureau of Servicesto the Blind and Visually Impaired in the Division.

(Added to NRS by 1981, 1916; A 1997, 1170)

NRS 426.051 Chiefdefined. Repealed. (See chapter 57, Statutes of Nevada 2005,at page 116.)

 

NRS 426.055 Deafperson defined. Deaf person means anyperson who, by reason of the loss or impairment of his hearing, has an auraldisability which limits, contributes to limiting or which, if not corrected,will probably result in limiting his activities or functions.

(Added to NRS by 1981, 1916; A 2003, 2630)

NRS 426.061 Departmentdefined. Department means the Department ofEmployment, Training and Rehabilitation.

(Added to NRS by 1981, 1916; A 1993, 1616)

NRS 426.065 Directordefined. Director means the Director of theDepartment.

(Added to NRS by 1981, 1916)

NRS 426.068 Disabilitydefined. Disability means, with respect to aperson:

1. A physical or mental impairment that substantiallylimits one or more of the major life activities of the person;

2. A record of such an impairment; or

3. Being regarded as having such an impairment.

(Added to NRS by 2003, 2973)

NRS 426.071 Divisiondefined. Division means the Rehabilitation Divisionof the Department.

(Added to NRS by 1981, 1916)

NRS 426.075 Guidedog defined. Repealed.(See chapter 196, Statutesof Nevada 2005, at page 635.)

 

NRS 426.081 Hearingdog defined. Repealed.(See chapter 196, Statutesof Nevada 2005, at page 635.)

 

NRS 426.083 Helpingdog defined. Repealed.(See chapter 196, Statutesof Nevada 2005, at page 635.)

 

NRS 426.085 Schoolfor guide dogs defined. Repealed. (See chapter 196, Statutes of Nevada 2005,at page 635.)

 

NRS 426.091 Schoolfor hearing dogs defined. Repealed. (See chapter 196, Statutes of Nevada 2005,at page 635.)

 

NRS 426.095 Schoolfor helping dogs defined. Repealed. (See chapter 196, Statutes of Nevada 2005,at page 635.)

 

NRS 426.097 Serviceanimal defined. Service animal means ananimal that has been trained to assist or accommodate a person with adisability.

(Added to NRS by 1995, 1992; A 1999, 2515; 2003, 2630, 2974)

NRS 426.099 Serviceanimal in training defined. Service animalin training means an animal that is being trained to assist or accommodate aperson with a disability.

(Added to NRS by 2003, 2973)

OFFICE OF DISABILITY SERVICES

General Provisions

NRS 426.205 Definitions. As used in NRS 426.205to 426.295, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 426.215 and 426.225 have the meanings ascribed to themin those sections.

(Added to NRS by 2003, 2623; A 2005, 236, 1443)

NRS 426.215 Departmentdefined. Department means the Department ofHealth and Human Services.

(Added to NRS by 2003, 2623)

NRS 426.225 Officedefined. Office means the Office ofDisability Services created pursuant to NRS426.235.

(Added to NRS by 2003, 2623)

NRS 426.235 Creation;duties. The Office of Disability Services ishereby created within the Department. The Office shall:

1. Provide access to information about services orprograms for persons with disabilities that are available in this State.

2. Work with persons with disabilities, personsinterested in matters relating to persons with disabilities and state and localgovernmental agencies in:

(a) Developing and improving policies of this Stateconcerning programs or services for persons with disabilities, including,without limitation, policies concerning the manner in which complaints relatingto services provided pursuant to specific programs should be addressed; and

(b) Making recommendations concerning new policies orservices that may benefit persons with disabilities.

3. Serve as a liaison between state governmentalagencies that provide services or programs to persons with disabilities tofacilitate communication and the coordination of information and any othermatters relating to services or programs for persons with disabilities.

4. Serve as a liaison between local governmentalagencies in this State that provide services or programs to persons withdisabilities to facilitate communication and the coordination of informationand any other matters relating to services or programs for persons withdisabilities. To inform local governmental agencies in this State of servicesand programs of other local governmental agencies in this State for personswith disabilities pursuant to this subsection, the Office shall:

(a) Provide technical assistance to local governmentalagencies, including, without limitation, assistance in establishing anelectronic network that connects the Office to each of the local governmentalagencies that provides services or programs to persons with disabilities;

(b) Work with counties and other local governmentalentities in this State that do not provide services or programs to persons withdisabilities to establish such services or programs; and

(c) Assist local governmental agencies in this State tolocate sources of funding from the Federal Government and other private andpublic sources to establish or enhance services or programs for persons withdisabilities.

5. Administer the following programs in this Statethat provide services for persons with disabilities:

(a) The program established pursuant to NRS 426.265, 426.275 and 426.285 to provide financial assistance topersons with physical disabilities;

(b) The programs established pursuant to chapter 426A of NRS to obtain informationconcerning traumatic brain injuries and provide services to persons withtraumatic brain injuries;

(c) The program established pursuant to NRS 426.295 to provide devices fortelecommunication to deaf persons and persons with impaired speech or hearing;

(d) Any state program for persons with developmentaldisabilities established pursuant to the Developmental Disabilities Assistanceand Bill of Rights Act of 2000, 42 U.S.C. 15001 et seq.;

(e) Any state program for independent livingestablished pursuant to 29 U.S.C. 796 et seq., with the RehabilitationDivision of the Department of Employment, Training and Rehabilitation acting asthe designated state unit, as that term is defined in 34 C.F.R. 364.4; and

(f) Any state program established pursuant to theAssistive Technology Act of 1998, 29 U.S.C. 3001 et seq.

6. Provide information to persons with disabilities onmatters relating to the availability of housing for persons with disabilitiesand identify sources of funding for new housing opportunities for persons withdisabilities.

7. Ensure that state and local governmental agenciescomply with the provisions of the Americans with Disabilities Act of 1990, 42U.S.C. 12101 et seq.

8. Before establishing policies or making decisionsthat will affect the lives of persons with disabilities, consult with personswith disabilities and members of the public in this State through the use ofsurveys, focus groups, hearings or councils of persons with disabilities toreceive:

(a) Meaningful input from persons with disabilitiesregarding the extent to which such persons are receiving services, including,without limitation, services described in their individual service plans, andtheir satisfaction with those services; and

(b) Public input regarding the development,implementation and review of any programs or services for persons withdisabilities.

9. Publish a biennial report which:

(a) Reviews the current and projected capacity of:

(1) Services available to persons withdisabilities pursuant to the State Plan for Medicaid;

(2) Waivers to the State Plan for Medicaid forthe provision of home and community-based services in this State;

(3) Services available to persons withdisabilities from counties and other local governmental entities in this State;and

(4) Any other services available to persons withdisabilities from any governmental or nonprofit agency;

(b) Identifies the costs of existing and new servicesin the community for persons with disabilities;

(c) Provides a strategy for the expanding orrestructuring of services in the community for persons with disabilities thatis consistent with the need for such expansion or restructuring;

(d) Recommends plans to provide services or programsfor persons with disabilities by using the data from any waiting lists ofpersons seeking such services or programs;

(e) Reports the outcomes of persons with disabilitieswho have received services for persons with disabilities in this State; and

(f) Reports the progress of the Office in carrying outthe strategic planning goals for persons with disabilities identified pursuantto chapter 541, Statutes of Nevada 2001.

10. Provide on or before January 15 of each year areport to the Governor and on or before January 15 of each odd-numbered year areport to the Legislature, including, without limitation:

(a) A summary of the activities of the Office for thepreceding fiscal year or 2 preceding fiscal years, if the report is provided tothe Legislature;

(b) Documentation of significant problems affectingpersons with disabilities when accessing public services, if the Office isaware of any such problems;

(c) A summary and analysis of the trends in the systemsof care and services available for persons with disabilities; and

(d) Recommendations for improving the ability of theState of Nevada to provide services to persons with disabilities and advocatefor the rights of persons with disabilities.

(Added to NRS by 2003, 2623; A 2005, 112)

NRS 426.245 Regulations. The Department may adopt any regulations to carry out theprovisions of NRS 426.205 to 426.295, inclusive.

(Added to NRS by 2003, 2625)

NRS 426.255 AdvisoryCommittee on Deaf and Hard of Hearing Persons: Creation; membership; terms;vacancies; quorum; compensation; members holding public office or employed bygovernmental entity; powers.

1. The Advisory Committee on Deaf and Hard of HearingPersons is hereby created in the Office. The Advisory Committee consists of 11people appointed by the Director of the Department. The Director shall appointto the Advisory Committee:

(a) One member who is employed by the Department andwho participates in the administration of the program of this State whichprovides services to persons with disabilities which affect their ability tocommunicate;

(b) One person who is a member of the NevadaAssociation of the Deaf;

(c) One member who is hard of hearing;

(d) One representative of educators of persons who aredeaf and hard of hearing;

(e) One member who is professionally qualified in thefield of deafness;

(f) One member whose speech is impaired;

(g) The Executive Director of the Nevada TelecommunicationsAssociation;

(h) Two representatives of the deaf and hard of hearingcenters operated by this State, who are ex officio members; and

(i) Two representatives of the program to purchase,maintain, repair and distribute devices for telecommunication developed andadministered pursuant to NRS 426.295,who are ex officio members.

2. After the initial term, the term of each member is3 years. A member may be reappointed.

3. If a vacancy occurs during the term of a member,the Director of the Department shall appoint a person similarly qualified toreplace that member for the remainder of the unexpired term.

4. The Advisory Committee shall:

(a) At its first meeting and annually thereafter, electa Chairman from among its voting members; and

(b) Meet at the call of the Director of the Department,the Chairman or a majority of its members as is necessary to carry out itsresponsibilities.

5. A majority of the voting members of the AdvisoryCommittee constitutes a quorum for the transaction of business, and a majorityof the voting members of a quorum present at any meeting is sufficient for anyofficial action taken by the Advisory Committee.

6. Members of the Advisory Committee serve withoutcompensation, except that each member is entitled, while engaged in thebusiness of the Advisory Committee, to the per diem allowance and travelexpenses provided for state officers and employees generally.

7. 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 any worknecessary to carry out the duties of the Advisory Committee in the most timelymanner practicable. A state agency or political subdivision of this State shallnot require an officer or employee who is a member of the Advisory Committee tomake up the time he is absent from work to carry out his duties as a member ofthe Advisory Committee or use annual vacation or compensatory time for theabsence.

8. The Advisory Committee may:

(a) Make recommendations to the Director of theDepartment and the Office concerning the establishment and operation ofprograms for persons with disabilities which affect their ability tocommunicate;

(b) Recommend to the Director of the Department and theOffice any proposed legislation concerning persons with disabilities whichaffect their ability to communicate; and

(c) Collect information concerning persons withdisabilities which affect their ability to communicate.

9. As used in this section:

(a) Person who is deaf means a person who is not ableto process information aurally and whose primary means of communication isvisual.

(b) Person who is hard of hearing means a person:

(1) Who has a hearing deficit;

(2) Who is able to process information aurallywith or without the use of a hearing aid or any other device that enhances theability of a person to hear; and

(3) Whose primary means of communication may bevisual.

(c) Person whose speech is impaired means a personwho has difficulty using his voice to communicate.

(Added to NRS by 2003, 2626)

Use of Signature Stamps by Certain Person With PhysicalDisabilities

NRS 426.257 Circumstancesunder which signature stamps may be used; treatment of signature stamps;standards regarding signature stamps; regulations.

1. Except as otherwise provided in subsection 2 andnotwithstanding any other provision of law:

(a) A person with a physical disability who, by reasonof the physical disability, is unable to write may use a signature stamp toaffix his signature to a document or writing any time that a signature isrequired by law; and

(b) A person, government, governmental agency andpolitical subdivision of a government must treat each signature affixed by aperson described in paragraph (a) through the use of a signature stamp in thesame manner as it treats a signature made in writing.

2. The provisions of subsection 1 do not apply to adocument or writing with respect to which the requirement that the document orwriting must be signed is accompanied by an additional qualifying requirementunless each additional qualifying requirement is satisfied.

3. The Office shall develop standards regardingsignature stamps for persons with physical disabilities who, by reason of theirphysical disabilities, are unable to write, including, without limitation,standards pertaining to:

(a) The development of a signature stamp;

(b) The use of a signature stamp;

(c) The verification of a signature stamp; and

(d) Any other aspect of the use or verification ofsignature stamps that the Office determines to be necessary.

4. The Department shall adopt regulations to carry outthe provisions of this section, including, without limitation, regulations:

(a) To carry out the standards developed by the Officepursuant to subsection 3; and

(b) Concerning the extent to which a person who uses asignature stamp and a person, government, governmental agency and politicalsubdivision of a government which treats a signature stamp as the signature ofa person pursuant to this section may incur liability related to the use ortreatment of the signature stamp.

5. As used in this section, signature stamp means astamp which contains the impression of:

(a) The actual signature of a person with a physicaldisability;

(b) A mark or symbol which is adopted by the personwith the physical disability; or

(c) A signature of the name of a person with a physicaldisability which is made by another person and which is adopted by the personwith the physical disability.

(Added to NRS by 2005, 235)

Interagency Advisory Board on Transition Services

NRS 426.258 Definitions.[Effective through June 30, 2013.] As used in NRS 426.258 to 426.264, inclusive, unless the contextotherwise requires, the words and terms defined in NRS 426.2585 to 426.261, inclusive, have the meanings ascribedto them in those sections.

(Added to NRS by 2005, 1439)

NRS 426.2585 AdvisoryBoard defined. [Effective through June 30, 2013.] AdvisoryBoard means the Interagency Advisory Board on Transition Services created by NRS 426.2615.

(Added to NRS by 2005, 1439)

NRS 426.259 Committeedefined. [Effective through June 30, 2013.] Committeemeans the Strategic Plan for People with Disabilities Accountability Committeeestablished by the Director of the Department as required by Executive Order ofthe Office of the Governor and in response to the long-term strategic planconcerning persons with disabilities developed by the Department pursuant toparagraph (c) of subsection 1 of section 1 of chapter 541, Statutes of Nevada 2001,at page 2705.

(Added to NRS by 2005, 1439)

NRS 426.2595 StateRehabilitation Council defined. [Effective through June 30, 2013.] State Rehabilitation Council means the StateRehabilitation Council established pursuant to 29 U.S.C. 725 et seq.

(Added to NRS by 2005, 1439)

NRS 426.261 Transitionservices defined. [Effective through June 30, 2013.] Transitionservices means a coordinated set of activities which:

1. Is designed within a process that isoutcome-oriented and which promotes movement of pupils from school topostschool activities, including, without limitation, postsecondary education,vocational training, supported employment, integrated employment, continuingand adult education, adult services, independent living and communityparticipation;

2. Is based on the preferences and interests of thepupil, taking into account the pupils needs;

3. Includes, without limitation:

(a) Instruction;

(b) Related services, including, without limitation,vocational and rehabilitative services;

(c) Community experiences;

(d) The development of employment objectives and otherobjectives for living as an adult after the completion of school; and

(e) If appropriate, the acquisition of daily livingskills and functional vocational evaluation; and

4. Includes an individual plan for employment for apupil with a disability who is receiving special education services or otherrelated services, if the individual plan for employment is developed:

(a) In coordination with the plan for theindividualized education prepared by the school district pursuant to NRS 395.020, including, without limitation,the goals, objectives and services identified in the plan; and

(b) In accordance with the plans, policies, proceduresand terms of an interlocal agreement between the school district of the pupiland the Rehabilitation Division of the Department of Employment, Training andRehabilitation.

The termincludes special education if provided as specially designed instruction orrelated services and if required to assist a pupil with a disability to benefitfrom special education.

(Added to NRS by 2005, 1439)

NRS 426.2615 Creation;membership; designation of representative; appointment of members. [Effectivethrough June 30, 2013.]

1. The Interagency Advisory Board on TransitionServices is hereby created in the Office.

2. The Advisory Board consists of the followingmembers:

(a) The Administrator of the Rehabilitation Division ofthe Department of Employment, Training and Rehabilitation;

(b) The Superintendent of Public Instruction;

(c) A representative of the Division of Child andFamily Services of the Department, appointed by the Administrator of theDivision of Child and Family Services;

(d) A representative of the Division of Mental Healthand Developmental Services of the Department, appointed by the Administrator ofthe Division of Mental Health and Developmental Services;

(e) A member of the Committee, appointed by theGovernor;

(f) A member of the Governors Workforce InvestmentBoard of the Department of Employment, Training and Rehabilitation, appointedby the Governor;

(g) A representative of the Nevada Disability Advocacyand Law Center, or its successor organization, appointed by the Governor;

(h) A representative of the Nevada P.E.P., Inc., or itssuccessor organization, appointed by the Governor;

(i) A representative of a community-based organizationwhich provides services to persons with physical, cognitive, sensory and mentalhealth disabilities, appointed by the Governor;

(j) A representative of the Nevada System of HigherEducation or an entity which provides postsecondary education, vocationaltraining, supported employment services, integrated employment services orcontinuing and adult education, appointed by the Governor;

(k) A representative of a program of education,including, without limitation, a program of special or vocational education, ina school district in a county whose population is 400,000 or more, appointed bythe Governor from a list of persons provided to the Governor by thesuperintendents of schools in such counties;

(l) A representative of a program of education,including, without limitation, a program of special or vocational education ina school district in a county whose population is 100,000 or more but less than400,000, appointed by the Governor from a list of persons provided to theGovernor by the superintendents of schools in such counties;

(m) A representative of a program of education,including, without limitation, a program of special or vocational education, ina school district in a county whose population is less than 100,000, appointedby the Governor from a list of persons provided to the Governor by thesuperintendents of schools in such counties;

(n) A person with a disability who has transitionedfrom a secondary school into the workforce, postsecondary education, vocationaltraining, supported employment, integrated employment, continuing or adulteducation, adult services, independent living or community participation,appointed by the Governor; and

(o) A parent of a person with a disability who is notyounger than 14 years of age or older than 25 years of age, appointed by theGovernor.

3. Each member of the Advisory Board who is an officeror employee of the State of Nevada or a local government or agency thereof or arepresentative of a private entity may designate a representative to serve inhis place on the Advisory Board or to replace him at a meeting of the AdvisoryBoard if the person designated has the appropriate knowledge and authority torepresent the State of Nevada, local government or agency thereof or privateentity, as applicable, and has been approved by the appointing authority.

4. Each appointing authority of a member of theAdvisory Board shall:

(a) Solicit recommendations for the appointment ofmembers to the Advisory Board from the Committee; and

(b) Appoint to the Advisory Board persons who representa broad range of persons with disabilities and entities serving persons withdisabilities.

(Added to NRS by 2005, 1440)

NRS 426.262 Termsand reappointment of members; vacancies. [Effective through June 30, 2013.]

1. The term of each member is 4 years. A member may bereappointed.

2. A vacancy occurring in the membership of theAdvisory Board must be filled in the same manner as the original appointment.

(Added to NRS by 2005, 1441)

NRS 426.2625 Electionof Chairman and Vice Chairman; meetings; Secretary; regulations; quorum.[Effective through June 30, 2013.]

1. The Advisory Board shall:

(a) At its first meeting and annually thereafter, electa Chairman and Vice Chairman from among its voting members; and

(b) Meet throughout each year at the times and placesspecified by a call of the Chairman or a majority of the members of theAdvisory Board.

2. The Director of the Office or his designee shallact as the nonvoting recording Secretary.

3. The Advisory Board shall prescribe regulations forits own management and government.

4. A majority of the voting members of the AdvisoryBoard constitutes a quorum for the transaction of business, and a majority ofthe voting members of a quorum present at any meeting is sufficient for anyofficial action taken by the Advisory Board.

(Added to NRS by 2005, 1441)

NRS 426.263 Membersserve without compensation; members entitled to per diem; members holdingpublic office or employed by governmental entity. [Effective through June 30,2013.]

1. Members of the Advisory Board serve withoutcompensation, except that each member of the Advisory Board is entitled, whileengaged in the business of the Advisory Board, to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally. The per diem allowance and travel expenses provided to a member ofthe Advisory Board who is an officer or employee of the State of Nevada or apolitical subdivision of this State must be paid by the state agency orpolitical subdivision which employs him.

2. Each member of the Advisory Board who is an officeror employee of the State of Nevada or a political subdivision of this Statemust be relieved from his duties without loss of his regular compensation sothat he may prepare for and attend meetings of the Advisory Board and performany work necessary to carry out the duties of the Advisory Board 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 AdvisoryBoard to make up the time that he is absent from work to carry out his dutiesas a member of the Advisory Board or to use annual vacation or compensatorytime for the absence.

(Added to NRS by 2005, 1442)

NRS 426.2635 Powers.[Effective through June 30, 2013.] TheAdvisory Board may:

1. Study and comment on issues related to transitionservices for persons with disabilities in this State, including, withoutlimitation:

(a) The implementation of recommendations concerningtransition services of the Committee and of the State Rehabilitation Council;

(b) Programs for the provision of transition servicesto persons with disabilities in this State;

(c) Methods to enhance such programs and to ensure thatpersons with disabilities are receiving transition services in the mostappropriate settings;

(d) Federal and state laws concerning transitionservices for persons with disabilities;

(e) The availability of useful information and datarelating to transition services as needed for the State of Nevada to makedecisions effectively, plan budgets and monitor costs and outcomes oftransition services provided to persons with disabilities;

(f) Methods to increase the availability of suchinformation and data;

(g) Compliance with federal requirements which affectpersons who are receiving transition services;

(h) The extent to which transition services in thisState are provided in compliance with:

(1) The Americans with Disabilities Act of 1990,42 U.S.C. 12101 et seq.; and

(2) The Strategic Plan for People withDisabilities developed by the Department pursuant to paragraph (c) ofsubsection 1 of section 1 of chapter 541, Statutes of Nevada 2001,at page 2705; and

(i) Any other matters that, in the determination of theAdvisory Board, affect persons with disabilities who are receiving transitionservices;

2. Hold a statewide annual meeting to gatherinformation and develop recommendations concerning transition services forpersons with disabilities; and

3. Promote the planning, coordination, delivery andevaluation of transition services offered by the State or a local government oragency thereof or any private entity in this State.

(Added to NRS by 2005, 1442)

NRS 426.264 Annualreport. [Effective through June 30, 2007.]

1. On or before July 1 of each year, the AdvisoryBoard shall submit an annual report concerning the provision of transitionservices to persons with disabilities in this State to:

(a) The Governor;

(b) The Legislative Committee on Persons WithDisabilities;

(c) The Committee;

(d) The State Rehabilitation Council;

(e) The State Board of Education; and

(f) The Department of Education for transmittal topersons within the Department who are working on issues concerning specialeducation.

2. The annual report must include, without limitation:

(a) A list of the members of the Advisory Board;

(b) The dates, agendas and minutes of each of themeetings of the Advisory Board;

(c) Information concerning the activities, findings andrecommendations of the Advisory Board;

(d) A status report concerning transition servicesfrom:

(1) The Committee; and

(2) The State Rehabilitation Council;

(e) A summary of the availability and status oftransition services in this State and the need for transition services in thisState;

(f) Recommendations for legislation relating totransition services;

(g) Recommendations to agencies and officers of theExecutive Branch of the State Government relating to transition services; and

(h) Recommendations to providers of community-basedservices who provide services to persons with disabilities relating totransition services.

(Added to NRS by 2005, 1443)

NRS 426.264 Annual report. [Effective July 1,2007 through June 30, 2013.]

1. On or before July 1 of each year, the AdvisoryBoard shall submit an annual report concerning the provision of transitionservices to persons with disabilities in this State to:

(a) The Governor;

(b) The Director of the Legislative Counsel Bureau fortransmittal to the Legislature;

(c) The Committee;

(d) The State Rehabilitation Council;

(e) The State Board of Education; and

(f) The Department of Education for transmittal topersons within the Department who are working on issues concerning specialeducation.

2. The annual report must include, without limitation:

(a) A list of the members of the Advisory Board;

(b) The dates, agendas and minutes of each of themeetings of the Advisory Board;

(c) Information concerning the activities, findings andrecommendations of the Advisory Board;

(d) A status report concerning transition servicesfrom:

(1) The Committee; and

(2) The State Rehabilitation Council;

(e) A summary of the availability and status oftransition services in this State and the need for transition services in thisState;

(f) Recommendations for legislation relating totransition services;

(g) Recommendations to agencies and officers of theExecutive Branch of the State Government relating to transition services; and

(h) Recommendations to providers of community-basedservices who provide services to persons with disabilities relating totransition services.

(Added to NRS by 2005, 1443; A 2005, 1444,effective July 1, 2007)

Program to Enable Persons With Physical Disabilities toLive in Unsupervised Setting

NRS 426.265 Personwith a physical disability defined. As usedin NRS 426.275 and 426.285, unless the context otherwiserequires, person with a physical disability means a person with a physicaldisability that substantially limits his ability to participate and contributeindependently in the community in which he lives.

(Added to NRS by 2003, 2627)

NRS 426.275 Establishment;regulations.

1. The Department shall, through the Office, establisha program to provide financial assistance to persons with physical disabilitiesfor such essential personal care required pursuant to NRS 426.285 as is necessary to enable themto live in a noninstitutional or unsupervised residential setting.

2. The Department shall adopt regulations:

(a) Establishing the procedures for applying forassistance for essential personal care;

(b) Prescribing the criteria for determining theeligibility of an applicant;

(c) Prescribing the nature and the amounts ofassistance which may be provided and the conditions imposed; and

(d) Prescribing such other provisions as the Departmentconsiders necessary to administer the program.

3. The decision of the Department regarding theeligibility of an applicant is a final decision for the purposes of judicialreview.

(Added to NRS by 2003, 2627)

NRS 426.285 Requiredelements of essential personal care. Theessential personal care for which the Department may provide assistance to aperson with a physical disability pursuant to NRS426.275 must include assisting the person with the physical disability in:

1. The elimination of wastes from the body.

2. Dressing and undressing.

3. Bathing and grooming.

4. The preparation and eating of meals.

5. Getting in and out of bed.

6. Repositioning while asleep.

7. The use of prostheses and other medical equipment.

8. Moving about.

(Added to NRS by 2003, 2627)

Program to Provide Devices for Telecommunication toPersons With Impaired Speech or Hearing

NRS 426.295 Developmentand administration; surcharge; creation and use of Account for Services forPersons With Impaired Speech or Hearing.

1. The Office shall develop and administer a programwhereby:

(a) Any person who is a customer of a telephone companywhich provides service through a local exchange or a customer of a company thatprovides wireless phone service and who is certified by the Office to be deafor to have severely impaired speech or hearing may obtain a device fortelecommunication capable of serving the needs of such persons at no charge tothe customer beyond the rate for basic service; and

(b) Any person who is deaf or has severely impairedspeech or hearing may communicate by telephone, including, without limitation,a wireless phone, with other persons through a dual-party relay system.

The programmust be approved by the Public Utilities Commission of Nevada.

2. A surcharge is hereby imposed on each access lineof each customer to the local exchange of any telephone company providing suchlines in this State and on each personal wireless access line of each customerof any company that provides wireless phone services in this State which issufficient to cover the costs of the program and to fund the deaf and hard ofhearing centers operated by this State. The Commission shall establish byregulation the amount to be charged. Those companies shall collect the surchargefrom their customers and transfer the money collected to the Commissionpursuant to regulations adopted by the Commission.

3. The Account for Services for Persons With ImpairedSpeech or Hearing is hereby created within the State General Fund and must beadministered by the Office. Any money collected from the surcharge imposedpursuant to subsection 2 must be deposited in the State Treasury for credit tothe Account. The money in the Account may be used only:

(a) For the purchase, maintenance, repair anddistribution of the devices for telecommunication, including the distributionof devices to state agencies and nonprofit organizations;

(b) To establish and maintain the dual-party relaysystem;

(c) To reimburse telephone companies and companies thatprovide wireless phone services for the expenses incurred in collecting andtransferring to the Commission the surcharge imposed by the Commission;

(d) For the general administration of the programdeveloped and administered pursuant to subsection 1;

(e) To train persons in the use of the devices; and

(f) To fund the deaf and hard of hearing centersoperated by this State.

4. For the purposes of this section:

(a) Device for telecommunication means a device whichis used to send messages through the telephone system, including, withoutlimitation, the wireless phone system, which visually displays or printsmessages received and which is compatible with the system of telecommunicationwith which it is being used.

(b) Dual-party relay system means a system wherebypersons who have impaired speech or hearing, and who have been furnished withdevices for telecommunication, may relay communications through third partiesto persons who do not have access to such devices.

(Added to NRS by 2003, 2628)

EXPEDITED SERVICE PERMITS

NRS 426.401 Definitions. As used in NRS 426.401to 426.461, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 426.411, 426.421 and 426.431 have the meanings ascribed to themin those sections.

(Added to NRS by 1999, 1158)

NRS 426.411 Departmentdefined. Department means the Department ofMotor Vehicles.

(Added to NRS by 1999, 1158; A 2001, 2610)

NRS 426.421 Expedited service permit defined. Expedited service permit means a permit that:

1. Is issuedby the Department pursuant to the provisions of NRS 426.441 to a person with a permanentdisability; and

2. Entitles the person to expedited service pursuantto the provisions of NRS 426.451.

(Added to NRS by 1999, 1158)

NRS 426.431 Person with a permanent disabilitydefined. Person with a permanent disabilitymeans a person:

1. With adisability which limits or impairs the ability to walk, as defined in NRS 482.3835; and

2. Whose disability has been certified by a licensedphysician as irreversible.

(Added to NRS by 1999, 1158)

NRS 426.441 Application;issuance; requirements; review of eligibility; fee; regulations.

1. A personwith a permanent disability may apply to the Department for an expeditedservice permit. The application must:

(a) Besubmitted on a form approved by the Department; and

(b) Include astatement from a licensed physician certifying that the applicant is a personwith a permanent disability.

2. Uponreceipt of a completed application pursuant to subsection 1 and the payment ofany required fee, the Department shall issue a permit to the applicant. Thepermit must:

(a) Set forththe name and address of the person to whom it is issued;

(b) Include acolored photograph of the applicant and the international symbol of accesswhich must be white on a blue background;

(c) Include anyother information the Department may require; and

(d) Be the samesize as a drivers license issued by the Department pursuant to the provisionsof chapter 483 of NRS.

3. A permit isvalid for 10 years after the date of issuance.

4. TheDepartment may:

(a) At any timereview its determination of whether a holder of a permit is eligible forissuance of the permit pursuant to the provisions of this section. If the Departmentdetermines that a holder of a permit is not eligible for issuance of thepermit, the Department shall notify the person of that fact in writing. Uponreceipt of the notice, the holder shall, as soon as practicable, surrender thepermit to the Department.

(b) Charge afee for the issuance of a permit pursuant to the provisions of this section.

(c) Adopt regulations necessary to carry out theprovisions of NRS 426.401 to 426.461, inclusive.

(Added to NRS by 1999, 1158; A 2005, 231)

NRS 426.451 Presentationto officer or employee of state agency; duty of officer or employee to provideexpedited services.

1. A person towhom an expedited service permit is issued pursuant to the provisions of NRS 426.441, or a person who is assistinghim, may present the permit to any officer or employee of a state agency whois, at the time the permit is presented to him, providing any services of theagency to the public. The permit must be presented during the regular businesshours of the agency.

2. Upon presentation of the permit, the officer oremployee to whom the permit is presented shall, before serving any other personwho is waiting to receive services, serve or otherwise accommodate the personto whom the permit is issued.

(Added to NRS by 1999, 1159)

NRS 426.461 Unlawfulacts.

1. It isunlawful for a person, other than a person to whom an expedited service permitis issued pursuant to the provisions of NRS426.441, to use or attempt to use such a permit to obtain services from astate agency pursuant to the provisions of NRS426.451.

2. A person who violates a provision of thissubsection is guilty of a misdemeanor.

(Added to NRS by 1999, 1159)

USE OF SERVICE ANIMALS AND WHITE OR METALLIC CANES

NRS 426.510 Restrictionson use of service animal and white or metallic cane; duties of pedestrian;penalty.

1. Except as otherwise provided in subsections 2, 3and 4, a person shall not:

(a) Use a service animal; or

(b) Carry or use on any street or highway or in anyother public place a cane or walking stick which is white or metallic in color,or white tipped with red.

2. A blind person may use a service animal and a caneor walking stick which is white or metallic in color, or white tipped with red.

3. A deaf person may use a service animal.

4. A person with a physical disability may use aservice animal.

5. Any pedestrian who approaches or encounters a blindperson using a service animal or carrying a cane or walking stick, white ormetallic in color, or white tipped with red, shall immediately come to a fullstop and take such precautions before proceeding as may be necessary to avoidaccident or injury to the blind person.

6. Any person other than a blind person who:

(a) Uses a service animal or carries a cane or walkingstick such as is described in this section, contrary to the provisions of thissection;

(b) Fails to heed the approach of a person using aservice animal or carrying such a cane as is described by this section;

(c) Fails to come to a stop upon approaching or comingin contact with a person so using a service animal or so carrying such a caneor walking stick; or

(d) Fails to take precaution against accident or injuryto such a person after coming to a stop as provided for in this section,

is guilty ofa misdemeanor.

7. This section does not apply to any person who isinstructing a blind person, deaf person or person with a physical disability ortraining a service animal.

[1:58:1939; 1931 NCL 2323] + [2:58:1939; 1931 NCL 2323.01] + [3:58:1939; 1931 NCL 2323.02](NRS A 1969, 511; 1981, 670, 1916;1987, 823; 1995, 1992; 2003,2630, 2974; 2005, 626)

NRS 426.515 Failureto use cane or service animal as evidence of contributory negligence in actionagainst carrier or place of public accommodation. Thefailure of a:

1. Blind person to carry a white or metallic coloredcane or to use a service animal;

2. Deaf person to use a service animal; or

3. Person with a physical disability to use a serviceanimal,

does notconstitute contributory negligence per se, but may be admissible as evidence ofcontributory negligence in a personal injury action by that person against acommon carrier or any other means of public conveyance or transportation or aplace of public accommodation as defined by NRS651.050 when the injury arises from the blind persons, deaf persons orperson with a physical disabilitys making use of the facilities or servicesoffered by the carrier or place of public accommodation.

(Added to NRS by 1971, 807; A 1981, 1917; 1987, 824;1995, 1993; 2003,2631; 2005, 627)

BUREAU OF SERVICES TO BLIND; REGULATIONS

NRS 426.518 Definitions. As used in NRS 426.518to 426.610, inclusive, the words andterms defined in NRS 426.519 and 426.520 have the meanings ascribed to themin those sections.

(Added to NRS by 2005, 112)

NRS 426.519 Administratordefined. Administrator means the Administratorof the Division.

(Added to NRS by 2005, 112)

NRS 426.520 Blindperson further defined. Blind person meansa person described in NRS 426.041 andany person who by reason of loss or impairment of eyesight is unable to providehimself with the necessities of life, and who has not sufficient income of hisown to maintain himself.

(Added to NRS by 1957, 781; A 1959, 148; 1963, 920;1965, 771; 1967, 1162; 1973, 1388; 1981, 1917; 2005, 114)

NRS 426.531 Administrationby Department. The Department shall administerthe provisions of NRS 426.518 to 426.610, inclusive, as the sole agency inthe State for such purpose.

(Added to NRS by 1973, 1388)

NRS 426.550 Administratoras head of Bureau; powers and duties of Bureau.

1. The Bureau must be headed by the Administrator.

2. The Bureau shall:

(a) Assist blind persons in achieving physical andpsychological orientation, inform blind persons of available services,stimulate and assist blind persons in achieving social and economicindependence, and do all things which will ameliorate the condition of blindpersons.

(b) Provide intensive programs of case finding,education, training, job findings and placement, physical restoration, and suchother services and equipment as may assist in rendering blind persons moreself-supporting and socially independent.

3. The Bureau may:

(a) Provide for treatment or operations to preventblindness or restore vision to applicants for or recipients of services toblind persons who request and make written application for such treatment oroperation; and

(b) Pay for all necessary expenses incurred in connectionwith the diagnosis and treatment provided under paragraph (a). Necessaryexpenses must include the costs of guide service, maintenance while the patientis away from his home, transportation to the eye physician or hospital andreturn to his home, and the cost of nursing home care when such care isnecessary.

(Added to NRS by 1957, 782; A 1959, 148; 1963, 318,1183; 1965, 771; 1967, 1162; 1973, 1388; 1975, 1008; 2005, 114, 627)

NRS 426.555 Administratorto prepare required reports. Subject to theapproval of the Director, the Administrator or his designated representativeshall prepare reports for the Federal Government pursuant to the VocationalRehabilitation Act Amendments of 1965, Title 29 of U.S.C., as amended, anyfuture amendments thereof and the regulations promulgated thereunder.

(Added to NRS by 1967, 803; A 1973, 419, 1389; 1975,68; 2005, 114)

NRS 426.560 Regulations.

1. Subject to the approval of the Department, theDivision shall direct the Bureau to make administrative regulations to enforcethe provisions of this chapter related to services for blind persons, whichregulations must not conflict with the provisions of this chapter.

2. The regulations must recognize that the needs andproblems of blind persons are special to them and may differ materially fromthe needs and problems of other persons.

(Added to NRS by 1957, 782; A 1963, 319, 1183; 1965,771; 1967, 1162; 1973, 1389; 1981, 1918; 2005, 628)

NRS 426.563 Costsof administration. Costs of administration of NRS 426.518 to 426.720, inclusive, shall be paid out onclaims presented by the Bureau in the same manner as other claims against theState are paid.

(Added to NRS by 1967, 1579; A 1973, 1389)

NRS 426.567 StateGrant and Gift Account for the Blind.

1. All gifts of money which the Bureau is authorizedto accept must be deposited in the State Treasury for credit to the State Grantand Gift Account for the Blind in the Department of Employment, Training andRehabilitations Gift Fund.

2. The State Grant and Gift Account must be used forthe purposes specified by the donor or for the purpose of carrying out theprovisions of this chapter and other programs or laws administered by theBureau.

3. All claims must be approved by the Administratorbefore they are paid.

(Added to NRS by 1967, 804; A 1973, 1390; 1979, 621;1981, 77; 1993, 1617; 2005,114)

NRS 426.570 Employees.

1. All employees of the Bureau are directlyresponsible to the Administrator.

2. Such employees must consist of persons skilled inassisting blind persons to achieve social and economic independence.

(Added to NRS by 1957, 782; A 1963, 921; 1965, 771;1973, 1390; 2005, 115)

NRS 426.573 Disclosureof information concerning applicant for or recipient of services to blindpersons. Information with respect to anyindividual applying for or receiving services to blind persons shall not bedisclosed by the Bureau or any of its employees to any person, association orbody unless such disclosure is related directly to carrying out the provisionsof NRS 426.518 to 426.610, inclusive, or upon writtenpermission of the applicant or recipient.

(Added to NRS by 1967, 805; A 1973, 1390; 2005, 628)

NRS 426.575 Paymentof allowance for maintenance to trainee in advance. Whena blind person who is eligible to receive a maintenance allowance while pursuinga training program administered by the Bureau is accepted for such a trainingprogram, the Bureau may in its discretion pay any installment of suchmaintenance allowance in advance, based upon the amount allowed to the blindperson, and adjust any succeeding payment to reflect actual duration oftraining during the period for which such advance was made.

(Added to NRS by 1967, 876; A 1973, 1391)

NRS 426.590 Bureauas licensing agency under federal law. TheBureau is hereby designated as the licensing agency for the purposes of 20U.S.C. 107 (a-f), and acts amendatory thereto, and the Bureau is authorizedto comply with such requirements as may be necessary to qualify for federalapproval and achieve maximum federal participation in the Vending Stand Programunder such federal statutes.

(Added to NRS by 1957, 782; A 1965, 772; 1973, 1391;1975, 127)

NRS 426.600 Denialof services prohibited; exceptions. No blindperson who may benefit from services authorized under NRS 426.518 to 426.610, inclusive, may be denied suchservices except the services for which a determination of economic need isrequired pursuant to the State Plan for Services to the Blind.

(Added to NRS by 1957, 782; A 1963, 319; 1967, 1056;1981, 1904)

NRS 426.610 Fairhearing before hearing officer; judicial review.

1. An applicant for or recipient of services to blindpersons who is aggrieved by an act, determination or omission of the Bureau isentitled, in accordance with regulations, to a fair hearing before a hearingofficer.

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 1957, 782; A 1959, 148; 1963, 921;1965, 772; 1967, 1163; 1973, 1391; 1989, 1654; 2005, 628)

ESTABLISHMENT AND OPERATION OF VENDING STANDS ON PUBLICPROPERTY

NRS 426.630 Definitions. As used in NRS 426.630to 426.720, inclusive, unless thecontext otherwise requires:

1. Operator means the individual blind person responsiblefor the day-to-day operation of the vending stand.

2. Public building or property means any building,land or other real property, owned, leased or occupied by any department oragency of the State or any of its political subdivisions except publicelementary and secondary schools, the Nevada System of Higher Education, theNevada State Park System and the Department of Corrections.

3. Vending stand means:

(a) Such buildings, shelters, counters, shelving,display and wall cases, refrigerating apparatus and other appropriate auxiliaryequipment as are necessary or customarily used for the vending of such articlesor the provision of such services as may be approved by the Bureau and thedepartment or agency having care, custody and control of the building orproperty in or on which the vending stand is located;

(b) Manual or coin-operated vending machines or similardevices for vending such articles, operated in a particular building, eventhough no person is physically present on the premises except to service themachines;

(c) A cafeteria or snack bar for the dispensing offoodstuffs and beverages; or

(d) Portable shelters which can be disassembled andreassembled, and the equipment therein, used for the vending of approvedarticles, foodstuffs or beverages or the provision of approved services.

(Added to NRS by 1959, 169; A 1961, 330; 1963, 921;1965, 772; 1967, 1163; 1969, 1448; 1973, 73, 1392, 1495; 1981, 1918; 1985,2313; 1987, 1741; 1993, 401; 2001 Special Session,239)

NRS 426.640 Operationof vending stand on public property and property of State Park System by blindperson: Purposes; license. For the purposes ofproviding blind persons with remunerative employment, enlarging the economicopportunities of blind persons and stimulating blind persons to greater effortsto make themselves self-supporting with independent livelihoods, blind personslicensed under the provisions of NRS 426.630to 426.720, inclusive, by the Bureau:

1. Have priority of right to operate vending stands inor on any public buildings or properties where the locations are determined tobe suitable, pursuant to the procedure provided in NRS 426.630 to 426.720, inclusive.

2. May operate vending stands in or on buildings orproperties of the Nevada State Park System, with the approval of theAdministrator of the Division of State Parks, on a parity with any othervendor.

(Added to NRS by 1959, 169; A 1963, 922; 1965, 773;1973, 73, 1393; 1985, 2313)

NRS 426.650 Noticeto Bureau by public agency of location of and license, permit and lease for anyvending stand. Each head of the department oragency in charge of the maintenance of public buildings or properties shall:

1. Not later than July 1, 1959, notify the Bureau inwriting of any and all existing locations where vending stands are in operationor where vending stands might properly and satisfactorily be operated.

2. Not less than 30 days prior to the reactivation,leasing, re-leasing, licensing or issuance of permit for operation of anyvending stand, inform the Bureau of such contemplated action.

3. Inform the Bureau of any locations where suchvending stands are planned or might properly and satisfactorily be operated inor about other public buildings or properties as may now or thereafter comeunder the jurisdiction of the department or agency for maintenance, suchinformation to be given not less than 30 days prior to leasing, re-leasing,licensing or issuance of permit for operation of any vending stand in suchpublic building or on such property.

(Added to NRS by 1959, 170; A 1963, 922; 1965, 773;1973, 1393)

NRS 426.660 Acquisition,construction, remodeling or improvement of public building: Planning forvending stand. To effectuate further thepurposes of NRS 426.630 to 426.720, inclusive, when new construction,remodeling, leasing, acquisition or improvement of public buildings orproperties is authorized, consideration must be given to planning and makingavailable suitable space and facilities for vending stands to be operated byblind persons. Written notice must be given to the Bureau by the person oragency having charge of the planning and design of any such project:

1. At least once each year in the case of projectsproposed for a municipal airport or air navigation facilities owned or operatedunder the provisions of chapter 496 of NRS oran airport owned or operated by the Reno-Tahoe Airport Authority.

2. Within 30 days after the commencement of theplanning and design of the project for all other projects.

(Added to NRS by 1959, 170; A 1973, 73, 1393; 1989,1596)

NRS 426.665 Constructionof building by Bureau; approval of Legislature. Ifa suitable location is available for a vending stand which requires the constructionof a permanent building, the Bureau may construct such building, but only afterobtaining approval of the Legislature.

(Added to NRS by 1961, 330; A 1965, 773; 1973, 1393)

NRS 426.670 Surveysby Bureau; establishment and licensing of vending stand; training; contracts;regulations.

1. The Bureau shall:

(a) Make surveys of public buildings or properties todetermine their suitability as locations for vending stands to be operated byblind persons and advise the heads of departments or agencies charged with themaintenance of the buildings or properties of its findings.

(b) With the consent of the respective heads ofdepartments or agencies charged with the maintenance of the buildings orproperties, establish vending stands in those locations which the Bureau hasdetermined to be suitable. The Bureau may enter into leases or licensingagreements therefor.

(c) Select, train, license and assign qualified blindpersons to manage or operate vending stands or do both.

(d) Except as otherwise provided in this paragraph,execute contracts or agreements with blind persons to manage or operate vendingstands or do both. The agreements may concern finances, management, operationand other matters concerning the stands. The Bureau shall not execute acontract or agreement which obligates the Bureau, under any circumstances, tomake payments on a loan to a blind person.

(e) When the Bureau deems such action appropriate,impose and collect license fees for the privilege of operating vending stands.

(f) Establish and effectuate such regulations as it maydeem necessary to assure the proper and satisfactory operation of vendingstands. The regulations must provide a method for setting aside money from therevenues of vending stands and provide for the payment and collection thereof.

2. The Bureau may enter into contracts with vendorsfor the establishment and operation of vending stands. These contracts mustinclude provisions for the payment of commissions to the Bureau based onrevenues from the vending stands. The Bureau may assign the commissions tolicensed operators for the maintenance of their incomes.

3. The Bureau may, by regulation, provide:

(a) Methods for recovering the cost of establishingvending stands.

(b) Penalties for failing to file reports or makepayments required by NRS 426.630 to 426.720, inclusive, or a regulation adoptedpursuant to those sections when they are due.

(Added to NRS by 1959, 170; A 1961, 331; 1963, 923;1965, 774; 1973, 74, 1394; 1975, 199; 1983, 298; 1993, 103)

NRS 426.675 BusinessEnterprise Account for the Blind.

1. The Business Enterprise Account for the Blind ishereby created within the State General Fund and must be managed by theAdministrator of the Division.

2. Money received by the Bureau under the provisionsof NRS 426.670, except commissionsassigned to licensed vending stand operators, must:

(a) Be deposited in the Business Enterprise Account forthe Blind.

(b) Except as otherwise provided in subsection 4,remain in the Account and not revert to the State General Fund.

(c) Be used for:

(1) Purchasing, maintaining or replacing vendingstands or the equipment therein;

(2) Maintaining a stock of equipment, parts,accessories and merchandise used or planned for use in the Vending StandProgram; and

(3) Other purposes, consistent with NRS 426.640, as may be provided byregulation.

3. Purchases made pursuant to paragraph (c) ofsubsection 2 are exempt from the provisions of the State Purchasing Act at thediscretion of the Chief of the Purchasing Division of the Department ofAdministration or his designated representative, but the Bureau shall:

(a) Maintain current inventory records of allequipment, parts, accessories and merchandise charged to the BusinessEnterprise Account for the Blind;

(b) Conduct a periodic physical count of all suchequipment, parts, accessories and merchandise; and

(c) Reconcile the results of the periodic physicalcount with the inventory records and cash balance in the Account.

4. If the Business Enterprise Account for the Blind isdissolved, any money remaining therein reverts to the State General Fund.

5. Money from any source which may lawfully be usedfor the Vending Stand Program may be transferred or deposited by the Bureau tothe Business Enterprise Account for the Blind.

6. The interest and income earned on the money in theBusiness Enterprise Account for the Blind, after deducting any applicablecharges, must be credited to the Account.

(Added to NRS by 1961, 330; A 1963, 923; 1965, 774;1973, 74, 1394; 1975, 199; 1977, 44; 1983, 1585; 1989, 1471; 1993, 1618; 2005, 115)

NRS 426.677 Managementof money received from vending facility when operator unavailable ortemporarily unable to conduct business.

1. The Bureau may, in interim periods when no blindlicensee is available to operate a vending facility and its continuousoperation is required, establish a checking account in a depository bank orcredit union qualified to receive deposits of public money pursuant to chapter 356 of NRS. All money received from thevending facility during the interim period must be deposited to the account andall expenses necessary to maintain the interim operation of the facility mustbe paid from the account.

2. If the blind licensee who operated the facilityreturns after a temporary disability, the Bureau shall prepare a financialreport and close the checking account by making a check in the amount of anybalance remaining in the account payable to the licensee.

3. If a blind licensee other than the one whopreviously operated the facility is permanently assigned to it, the Bureaushall prepare a financial report and close the checking account by making acheck in the amount of any balance remaining in the account payable to theBusiness Enterprise Account for the Blind.

(Added to NRS by 1979, 330; A 1989, 1472; 1999, 1495)

NRS 426.680 Reviewof recommendation of Bureau if agency rejects establishment of vending stand.

1. If, after a vending stand survey as authorized by NRS 426.670, the head of a department oragency in charge of the maintenance of any public building or property rejectsor does not act upon a written recommendation of the Bureau that a vendingstand be established or operated for the employment of blind persons, thematter must be referred to the Director of the Department of Employment,Training and Rehabilitation for review.

2. After reviewing the recommendation of the Bureau,the Director may refer the matter to the head of the department or agencyconcerned for further review and disposition.

3. If the Director is not satisfied with the decisionof the head of the department or agency concerned, the Director may refer thematter for final decision and disposition to:

(a) The Governor, in the case of state buildings orproperties.

(b) The board of county commissioners, in the case ofcounty buildings or properties.

(c) The city council or other governing board of themunicipality in the case of municipal buildings or properties.

(d) The governing board of the political subdivision inthe case of buildings or properties of other political subdivisions of thisstate.

(Added to NRS by 1959, 170; A 1963, 923; 1965, 774;1967, 1164; 1973, 1395; 1993, 1618)

NRS 426.685 Establishmentof vending stand in privately owned building. TheBureau may establish vending stands in privately owned buildings, if the buildingowner in each instance consents and enters into an agreement approved by theBureau.

(Added to NRS by 1973, 72; A 1973, 1406)

NRS 426.690 Limitationon commodities and articles sold at vending stand. Vendingstands operated under the provisions of NRS426.630 to 426.720, inclusive, shallbe used solely for the vending of such commodities and articles as may beapproved by the Bureau and by the head of the department or agency in charge ofthe maintenance of the building or property in or on which such stand isoperated.

(Added to NRS by 1959, 171; A 1963, 924; 1965, 775;1973, 1395)

NRS 426.695 Operatorof vending stand may keep service animal on premises. Blindpersons who operate a vending stand pursuant to the provisions of NRS 426.630 to 426.720, inclusive, may keep a serviceanimal with them at all times on the premises where that vending stand islocated.

(Added to NRS by 1973, 1496; A 1995, 1993; 2005, 628)

NRS 426.700 Applicabilityof laws and ordinances to operator of vending stand. Theoperator of each vending stand operated under the provisions of NRS 426.630 to 426.720, inclusive, shall be subject to:

1. The provisions of any and all laws and ordinancesapplying within the territory within which such stand is located, includingthose requiring a license or permit for the conduct of such business or anyparticular aspect thereof.

2. The provisions of chapter446 of NRS.

(Added to NRS by 1959, 171; A 1961, 331)

NRS 426.710 Managementand operation of Vending Stand Program for the Blind by nonprofit corporationor agency as trustee; reimbursement by operators of vending stands. The Bureau may, in its discretion, utilize appropriatenonprofit corporations organized under the laws of this State, or otheragencies, as trustees to provide day-to-day management and operation servicesfor the Vending Stand Program for the Blind. Such corporations or agencies mustbe reimbursed for their actual and necessary expenses by the operators of thevending stand units which compose the Vending Stand Program for the Blind inaccordance with such rules and regulations as may be adopted by the Bureau andapproved by the Department.

(Added to NRS by 1959, 171; A 1963, 924; 1965, 775;1967, 1164; 1973, 1395; 1993, 1619)

NRS 426.715 Penaltyfor unlawful sale, solicitation or delivery of certain commodities on publicproperty; exemptions. Any person who sells,solicits orders for or delivers, in any public building or on any public land,any commodity which a blind vendor is authorized by the Bureau to sell isguilty of a misdemeanor except:

1. A person licensed by or under contract to theBureau;

2. A person who delivers a commodity to a blind vendoror for his account;

3. A person who is raising money for the charitableactivities of a corporation organized for educational, religious, scientific,charitable or eleemosynary purposes under the provisions of chapter 82 of NRS;

4. Public employees jointly sharing in the cost ofcoffee or other beverages purchased by them for their own use, if there is nocommercial arrangement for the delivery of products and supplies to the buildingor land;

5. A person who is catering an event inside orotherwise delivering food or beverages to the Legislative Building; or

6. A person who is authorized to conduct such anactivity under the terms of a contract, lease or other arrangement with amunicipality pursuant to NRS 496.090.

(Added to NRS by 1985, 890; A 1987, 768; 1991, 1316; 2003, 2095)

NRS 426.720 Applicabilityof provisions to operators of vending stands.

1. Persons operating vending stands in publicbuildings or on public properties as defined in NRS 426.630 prior to March 13, 1959, shallnot be affected by the provisions of NRS426.630 to 426.720, inclusive,except and only insofar as provided by subsection 2 of NRS 426.650.

2. Any blind person who is presently operating avending stand in or on public buildings or properties who desires to availhimself of the advantages of the Program authorized by NRS 426.630 to 426.720, inclusive, shall have the right todo so; and, in such instance, the Bureau may negotiate and consummatearrangements for the purchase of such vending stand equipment as it may deemnecessary for the satisfactory operation of the vending stand.

(Added to NRS by 1959, 171; A 1963, 924; 1965, 775;1973, 1395)

PERSONAL ASSISTANCE FOR PERSONS WITH SEVERE FUNCTIONALDISABILITIES

NRS 426.721 Definitions. As used in NRS 426.721to 426.731, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 426.722 to 426.727, inclusive, have the meanings ascribedto them in those sections.

(Added to NRS by 2001, 3106)

NRS 426.722 AdvisoryCommittee defined. Advisory Committee meansthe Advisory Committee on Personal Assistance for Persons with SevereFunctional Disabilities created pursuant to NRS426.731.

(Added to NRS by 2001, 3106)

NRS 426.723 Minimumessential personal assistance defined. Minimumessential personal assistance means the assistance of a person with a severefunctional disability for 6 hours or less per day in:

1. Eating;

2. Bathing;

3. Toileting;

4. Dressing;

5. Moving about; and

6. Taking care of himself.

(Added to NRS by 2001, 3106)

NRS 426.724 Reasonablyadequate state funding defined. Reasonably adequatestate funding means the amount of state funding that can reasonably beaccommodated within state budgetary limitations, as determined by the Governorand the Legislature for each biennial session of the Legislature.

(Added to NRS by 2001, 3106)

NRS 426.725 Recipientdefined. Recipient means a recipient of minimumessential personal assistance through a state personal assistance program.

(Added to NRS by 2001, 3106)

NRS 426.726 Severefunctional disability defined. Severefunctional disability means any physical or mental condition pursuant to whicha person is unable, without substantial assistance from another person, to eat,bathe and toilet.

(Added to NRS by 2001, 3106)

NRS 426.727 Statepersonal assistance program defined. Statepersonal assistance program means a program established pursuant to NRS 422.396, 426.275 or 427A.250.

(Added to NRS by 2001, 3106; A 2003, 2631)

NRS 426.728 Statepersonal assistance programs required to make services available.

1. Each state personal assistance program must makeavailable, within a reasonable period after receiving a request therefor and inaccordance with any conditions upon the receipt of federal funding andconsidering the amount of reasonably adequate state funding, community-basedservices to provide minimum essential personal assistance to residents of thisstate with severe functional disabilities who would, with the provision of thatassistance, be able to live safely and independently in their communitiesoutside of an institutional setting.

2. The provisions of NRS426.721 to 426.731, inclusive, mustnot be construed to:

(a) Prevent a person with a severe functionaldisability from receiving more than 6 hours of minimum essential personalassistance per day from a state personal assistance program if such assistanceis available pursuant to the program; or

(b) Prevent a person with a disability other than asevere functional disability from receiving services from a state personalassistance program if such assistance is available pursuant to the program.

(Added to NRS by 2001, 3106)

NRS 426.729 Dutiesof Director of Department of Health and Human Services. The Director of the Department of Health and HumanServices, in consultation with the Advisory Committee, shall:

1. Determine the amount of state funding necessaryeach biennium to carry out NRS 426.728.

2. Ensure that the amount of funding determined to benecessary pursuant to subsection 1 is included in the budgetary request of theappropriate department or agency for the biennium, and that the budgetaryrequest includes funding for any increase in the number of cases handled by thestate personal assistance programs.

3. Establish a program to govern the services providedto carry out NRS 426.728, within thelimitations of any conditions upon the receipt of state or federal funding,including:

(a) Minimum standards for the provision of minimumessential personal assistance, including, to the extent authorized by state andfederal law, the provision of services in accordance with NRS 629.091;

(b) Minimum qualifications and training requirementsfor providers of minimum essential personal assistance;

(c) Standards for the financial operation of providersof minimum essential personal assistance;

(d) The development of an individual service plan forthe provision of minimum essential personal assistance to each recipient;

(e) Procedures to appeal the denial or modification ofan individual service plan for the provision of minimum essential personalassistance and to resolve any disputes regarding the contents of such a plan;

(f) Continuous monitoring of the adequacy andeffectiveness of the provision of minimum essential personal assistance to eachrecipient;

(g) Mandatory requirements and procedures for reportingthe abuse, neglect or exploitation of a recipient;

(h) The receipt of meaningful input from recipients,including surveys of recipients, regarding the extent to which recipients arereceiving the services described in their individual service plans and theirsatisfaction with those services; and

(i) Continuing procedures for soliciting public inputregarding the development, implementation and review of the program.

4. Review and modify the program established pursuantto subsection 3 as appropriate to provide recipients with as much independenceand control over the provision of minimum essential personal assistance as isfeasible.

5. Submit to each regular session of the Legislatureand make available to members of the public any recommendations for legislationto carry out NRS 426.728 and to carryout or improve the program established pursuant to subsection 3.

6. Submit to each regular session of the Legislature areport regarding the expenditure of any money received to carry out NRS 426.721 to 426.731, inclusive, that must includeinformation regarding:

(a) The fiscal and other effects of services providedto carry out NRS 426.728;

(b) The results of the program established pursuant tosubsection 3; and

(c) The percentage change in the number of residents ofthis State with severe functional disabilities who are able to avoid or leaveinstitutional care as a result of the receipt of minimum essential personalassistance through community-based services.

(Added to NRS by 2001, 3107; A 2003, 2631)

NRS 426.731 AdvisoryCommittee: Creation; membership; terms and compensation of members; quorum;duties.

1. The Advisory Committee on Personal Assistance forPersons with Severe Functional Disabilities is hereby created in the Departmentof Health and Human Services.

2. The Governor shall:

(a) Solicit recommendations for the appointment ofmembers to the Advisory Committee from organizations that are representative ofa broad range of persons with disabilities and organizations interested in theprovision of personal services to persons with functional disabilities.

(b) Appoint to the Advisory Committee such members ashe deems appropriate to represent a broad range of persons with disabilitiesfrom diverse backgrounds, including, without limitation, one or more personswho are representative of:

(1) The Nevada Commission on Aging and seniorswith disabilities.

(2) The Statewide Independent Living Councilestablished in this State pursuant to 29 U.S.C. 796d.

(3) The State Council on DevelopmentalDisabilities established in this State pursuant to section 125 of theDevelopmental Disabilities Assistance and Bill of Rights Act of 2000.

(4) Centers for independent living establishedin this State.

(5) Providers of personal services to personswith disabilities, including providers who receive state funding for thatpurpose.

(6) Persons with disabilities who receivepersonal assistance services.

3. The majority of the members of the AdvisoryCommittee must be persons with disabilities.

4. After the initial term, the term of each member is2 years.

5. Members of the Advisory Committee serve withoutcompensation, except that each member is entitled, while engaged in thebusiness of the Advisory Committee, to the per diem allowance and travelexpenses provided for state employees generally.

6. 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.

7. 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 of the Departmentof Health and Human Services, the Chairman or a majority of its membersquarterly or as is necessary, within the budget of the Advisory Committee, toprovide the Director of the Department of Health and Human Services withappropriate assistance to carry out the provisions of NRS 426.728.

(Added to NRS by 2001, 3108; A 2003, 2632)

MISCELLANEOUS PROVISIONS

NRS 426.740 Refuelingof vehicle for driver with physical disability; charging greater price for fuelprohibited; exception; penalty.

1. Every person who operates a service station orretail store which sells fuel for motor vehicles to the public shall, uponrequest, refuel a vehicle for a driver with a physical disability.

2. The price of the fuel charged to such a driver mustnot be greater than the price which would be charged to any other person forthe fuel if that person had personally refueled his vehicle.

3. This section does not apply to a service station ora retail store which sells fuel if the service station or retail store does notprovide a person to refuel the motor vehicles of its customers.

4. A person who violates any provision of this sectionis guilty of a misdemeanor.

(Added to NRS by 1987, 545; A 2003, 2633)

PENALTIES

NRS 426.790 Unlawfullyinterfering with or allowing dog or other animal to interfere with use ofservice animal or service animal in training; unlawfully beating or killingservice animal or service animal in training; penalties.

1. A person shall not:

(a) Withoutlegal justification, interfere with, or allow a dog or other animal he owns,harbors or controls to interfere with, the use of a service animal or serviceanimal in training by obstructing, intimidating or otherwise jeopardizing thesafety of the service animal or service animal in training or the person usingthe service animal or service animal in training.

(b) Willfullyand maliciously beat a service animal or service animal in training.

(c) Willfully and maliciously kill a service animal orservice animal in training.

2. Unless a greater penalty is provided in NRS 206.150, a person who violates:

(a) Paragraph (a) of subsection 1 is guilty of a grossmisdemeanor.

(b) Paragraph (b) of subsection 1 is guilty of acategory E felony and shall be punished as provided in NRS 193.130.

(c) Paragraph (c) of subsection 1 is guilty of acategory D felony and shall be punished as provided in NRS 193.130.

3. A person who violates paragraph (a), (b) or (c) ofsubsection 1 is, in addition to any criminal penalty that may be imposed,civilly liable to the person against whom the violation was committed asprovided in NRS 426.820.

4. In addition to any other penalty, the court shallorder a person convicted of a violation of paragraph (a), (b) or (c) ofsubsection 1 to pay restitution to the person who has the disability or theperson who has custody or ownership of the service animal or service animal intraining for any veterinary bills, and for the replacement cost of the serviceanimal or service animal in training if it was killed or disabled or has becomementally or physically unable to perform its duties. The restitution must coverall costs for aides, assistance, transportation and other hardships incurred duringthe absence, and until the replacement, of the service animal or service animalin training.

(Added to NRS by 1981, 1916; A 1987, 824; 1995, 1993;1999, 2516; 2001, 2891; 2003, 2975; 2005, 628)

NRS 426.800 Fraudulentacts: Penalty; presumption.

1. Except as otherwise provided in NRS 426.461, a person who knowingly obtainsor attempts to obtain, or aids or abets any person to obtain by means of a willfullyfalse statement or representation or by impersonation, or other fraudulentdevice, services to which he is not entitled, or services greater than those towhich he is entitled, with the intent to defeat the purposes of this chapter,is guilty of a gross misdemeanor.

2. For the purposes of subsection 1, if a recipient ofservices pursuant to the provisions of this chapter receives an overpayment forthe third time and the overpayments have resulted from a false statement orrepresentation by the recipient or from the failure of the recipient to notifythe Bureau of a change in his circumstances which would affect the amount ofservices he receives, a rebuttable presumption arises that the payment wasfraudulently received.

(Added to NRS by 1969, 483; A 1973, 1406; 1975, 1009;1993, 1619; 1999,1159)

NRS 426.805 Fraudulentmisrepresentation of animal as service animal or service animal in trainingunlawful; penalty.

1. It is unlawful for a person to fraudulentlymisrepresent an animal as a service animal or service animal in training.

2. A person convicted of fraudulently misrepresentingan animal as a service animal or service animal in training is guilty of amisdemeanor and shall be punished by a fine of not more than $500.

(Added to NRS by 2005, 626)

NRS 426.810 Allowingdog or other animal to injure or kill service animal or service animal intraining unlawful; allowing dog or other animal to endanger or injure personaccompanied by service animal or service animal in training unlawful;penalties.

1. It is unlawful for a person to allow a dog or otheranimal that he owns, harbors or controls to cause injury to or the death of anyservice animal or service animal in training, or to endanger or cause injury toa person who has a disability and is accompanied by a service animal or aperson who trains service animals and is accompanied by a service animal intraining.

2. Any person, including, without limitation, anyfirm, association or corporation, who violates the provisions of subsection 1:

(a) Is guilty of a misdemeanor and shall be punished bya fine of not more than $500; and

(b) In addition to any criminal penalty that may beimposed, is civilly liable to the person against whom the violation wascommitted as provided in NRS 426.820.

3. In addition to any other penalty, the court shallorder a person convicted of a violation of subsection 1 to pay restitution tothe person who has the disability or the person who has custody or ownership ofthe service animal or service animal in training for any veterinary bills, andfor the replacement cost of the service animal or service animal in training ifit was killed or disabled or has become mentally or physically unable toperform its duties. The restitution must cover all costs for aides, assistance,transportation and other hardships incurred during the absence, and until thereplacement, of the service animal or service animal in training.

(Added to NRS by 2003, 2973; A 2005, 629)

NRS 426.820 Civilliability for engaging in certain prohibited acts concerning service animals orservice animals in training.

1. In addition to any criminal penalty that may beimposed, any person, including, without limitation, any firm, association orcorporation, who violates the provisions of paragraph (a), (b) or (c) ofsubsection 1 of NRS 426.790 orsubsection 1 of NRS 426.810 is civilly liableto the person against whom the violation was committed for:

(a) Actual damages;

(b) Such punitive damages as may be determined by ajury, or by a court sitting without a jury, which must not be more than threetimes the amount of actual damages, except that in no case may the punitivedamages be less than $750; and

(c) Reasonable attorneys fees as determined by thecourt.

2. The remedies provided in this section arenonexclusive and are in addition to any other remedy provided by law, including,without limitation, any action for injunctive or other equitable reliefavailable to the aggrieved person or brought in the name of the people of thisState or the United States.

(Added to NRS by 2003, 2973; A 2005, 629)

 

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