USA Statutes : nevada
Title : Title 18 - STATE EXECUTIVE DEPARTMENT
Chapter : CHAPTER 232 - STATE DEPARTMENTS
The director
or chief executive officer of each of the departments established by law
within the executive branch of state government shall conduct such
investigations and studies as he deems necessary to determine the most
efficient and economical use of the personnel of his department. The
director or chief executive officer may transfer the personnel of one or
more divisions of his department to one or more other divisions if he
finds that such transfer will result in a greater utilization of
personnel, produce a more efficient operation of the department, result
in economies within the department or improve the organization of the
department.
(Added to NRS by 1965, 1431)
1. Except as otherwise provided in subsection 2 and NRS 483.290
, 483.860 and 486.081 , with respect to any activity or transaction in which a state
agency accepts an identification card issued by the Department of Motor
Vehicles to identify a person, the state agency may also accept a
consular identification card to identify a person.
2. The provisions of subsection 1 apply only to the presentation
of a consular identification card for purposes of identification and do
not convey an independent right to receive benefits of any type.
3. As used in this section:
(a) “Consular identification card” means an identification card
issued by a consulate of a foreign government, which consulate is located
within the State of Nevada.
(b) “Identification card issued by the Department of Motor
Vehicles” means an identification card of the type described in NRS
483.810 to 483.890 , inclusive.
(c) “State agency” means every public agency, bureau, board,
commission, department or division of the Executive Department of State
Government.
(Added to NRS by 2003, 1933 )
1. Except as otherwise provided in this section, each state agency
shall recycle or cause to be recycled the paper and paper products it
uses. This subsection does not apply to confidential documents if there
is an additional cost for recycling those documents.
2. A state agency may apply to the Chief of the Budget Division of
the Department of Administration for a waiver from the requirements of
subsection 1. The Chief shall grant a waiver to the state agency if he
determines that the cost to recycle or cause to be recycled the paper and
paper products used by the agency is unreasonable and would place an
undue burden on the operations of the agency.
3. The State Environmental Commission shall, through the State
Department of Conservation and Natural Resources, adopt regulations which
prescribe the procedure for the disposition of the paper and paper
products to be recycled. In adopting such regulations, the Commission:
(a) Shall consult with any other state agencies which are
coordinating or have coordinated programs for recycling paper and paper
products.
(b) May prescribe a procedure for the recycling of other waste
materials produced by state agencies.
4. Any money received by a state agency for recycling or causing
to be recycled the paper and paper products it uses must be paid by the
chief administrative officer of that agency to the State Treasurer for
credit to the State General Fund.
5. As used in this section:
(a) “Paper” includes newspaper, high-grade office paper, fine
paper, bond paper, offset paper, xerographic paper, mimeo paper,
duplicator paper and any other cellulosic material which contains not
more than 10 percent by weight or volume of a noncellulosic material,
including, but not limited to, a laminate, binder, coating and saturant.
(b) “Paper product” means any paper article or commodity,
including, but not limited to, paper napkins, towels, cardboard,
construction material, paper and any other cellulosic material which
contains not more than 10 percent by weight or volume of a noncellulosic
material, including, but not limited to, a laminate, binder, coating and
saturant.
(c) “State agency” means every public agency, bureau, board,
commission, department, division, officer or employee of the Executive
Department of State Government.
(Added to NRS by 1991, 907; A 1999, 3182 )
STATE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
As used in NRS 232.010 to 232.150 ,
inclusive:
1. “Department” means the State Department of Conservation and
Natural Resources.
2. “Director” means the Director of the State Department of
Conservation and Natural Resources.
(Added to NRS by 1957, 646; A 1977, 1117; 1989, 512; 1993, 1482)
There is hereby created the State
Department of Conservation and Natural Resources, in which is vested the
administration of the provisions of NRS 232.010 to 232.150 ,
inclusive.
(Added to NRS by 1957, 646; A 1989, 512; 1993, 1482)
The position of
Director of the State Department of Conservation and Natural Resources is
hereby created.
(Added to NRS by 1957, 646)
1. The Director shall be selected with special reference to his
training, experience, capacity and interest in conservation or natural
resources, or both.
2. The Director shall have the demonstrated ability to administer
a major public agency in the field of conservation and natural resources
having diverse functional divisions with related goals.
(Added to NRS by 1957, 646; A 1977, 1117)
1. The Director is appointed by and is responsible to the Governor
and is in the unclassified service of the State.
2. He shall devote his entire time and attention to the business
of his office and shall not pursue any other business or occupation or
hold any other office of profit.
(Added to NRS by 1957, 646; A 1960, 394; 1963, 1331; 1967, 1489;
1971, 1425; 1981, 1273; 1985, 405)
1. The Director shall appoint two assistant directors of the
Department and shall assign their duties.
2. Each assistant director is in the unclassified service of the
State.
3. Except as otherwise provided in NRS 284.143 , each assistant director shall devote his
entire time and attention to the business of his office and shall not
engage in any other gainful employment or occupation.
(Added to NRS by 1977, 1116; A 1981, 1273; 1985, 405; 1995, 2310)
The Director shall
appoint such technical, clerical and operational staff as the execution
of his duties and the operation of the Department may require.
(Added to NRS by 1957, 646; A 1967, 1489; 1971, 1425; 1981, 1273;
1985, 405)
1. As executive head of the Department, the Director is
responsible for the administration, through the divisions and other units
of the Department, of all provisions of law relating to the functions of
the Department, except functions assigned by law to the State
Environmental Commission, the State Conservation Commission or the
Commission for the Preservation of Wild Horses.
2. Except as otherwise provided in subsection 4, the Director
shall:
(a) Establish departmental goals, objectives and priorities.
(b) Approve divisional goals, objectives and priorities.
(c) Approve divisional and departmental budgets, legislative
proposals, contracts, agreements and applications for federal assistance.
(d) Coordinate divisional programs within the Department and
coordinate departmental and divisional programs with other departments
and with other levels of government.
(e) Appoint the executive head of each division within the
Department.
(f) Delegate to the executive heads of the divisions such
authorities and responsibilities as he deems necessary for the efficient
conduct of the business of the Department.
(g) Establish new administrative units or programs which may be
necessary for the efficient operation of the Department, and alter
departmental organization and reassign responsibilities as he deems
appropriate.
(h) From time to time adopt, amend and rescind such regulations as
he deems necessary for the administration of the Department.
3. Except as otherwise provided in subsection 4, the Director may
enter into cooperative agreements with any federal or state agency or
political subdivision of the State, any public or private institution
located in or outside the State of Nevada, or any other person, in
connection with studies and investigations pertaining to any activities
of the Department.
4. This section does not confer upon the Director any powers or
duties which are delegated by law to the State Environmental Commission,
the State Conservation Commission or the Commission for the Preservation
of Wild Horses, but the Director may foster cooperative agreements and
coordinate programs and activities involving the powers and duties of the
commissions.
5. All gifts of money and other property which the Director is
authorized to accept must be accounted for in the Department of
Conservation and Natural Resources Gift Fund which is hereby created as a
trust fund.
(Added to NRS by 1957, 647; A 1959, 193; 1967, 417; 1975, 152;
1977, 1117; 1979, 102, 614; 1997, 2535)
1. The Director is hereby authorized to make a nominal charge for
any books, reports or periodicals compiled and distributed by the
Department.
2. The money received from such charge shall be deposited in the
General Fund of the State.
(Added to NRS by 1959, 193)
The Attorney General
is the counsel and attorney for the Department. The Attorney General
shall designate one of his deputies to be counsel and attorney for the
Department in all actions, proceedings and hearings. The deputy so
designated:
1. Is the legal adviser of the Department in all matters relating
to the Department and to the powers and duties of its officers.
2. Shall maintain his office in Carson City, Nevada, in an office
provided by the Department.
3. Is in the unclassified service of the State pursuant to
subsection 3 of NRS 284.140 .
(Added to NRS by 1957, 647; A 1967, 724, 1489; 1971, 1425; 1979,
274; 1981, 1273; 1983, 748; 2001, 1442 )
1. The Advisory Board on Natural Resources, consisting of seven
members appointed by the Governor, is hereby created in the Department.
2. The Governor shall appoint to the Board:
(a) One member who is a representative of the interests of users of
the State Park System;
(b) One member who is an active participant in outdoor recreational
activities;
(c) One member who is a representative of the agricultural industry;
(d) One member who is a representative of the mining industry;
(e) One member who is a representative of forestry or fire control
services;
(f) One member who is a representative of conservation interests;
and
(g) One member who is a representative of the general public.
3. The Board may meet four times annually and at other times upon
the call of the Chairman.
4. The members of the Board are entitled to receive a salary of
$60 for each day’s attendance at a meeting of the Board, and the per diem
allowance and travel expenses provided for state employees generally
while engaged in the business of the Board.
5. The Board shall elect a Chairman and a Vice Chairman from among
its members.
6. The Board shall advise the Director on:
(a) Matters relating to the establishment and maintenance of an
adequate policy of forest and watershed protection;
(b) Matters relating to the park and recreational policy of the
State;
(c) The use of land within this State which is under the
jurisdiction of the Federal Government;
(d) The effect of state and federal agencies’ programs and
regulations on the users of land under the jurisdiction of the Federal
Government, and on the problems of those users of land; and
(e) The preservation, protection and use of the state’s natural
resources.
(Added to NRS by 1993, 1479)
1. The Department consists of the Director and the following
divisions:
(a) The Division of Water Resources.
(b) The Division of State Lands.
(c) The Division of Forestry.
(d) The Division of State Parks.
(e) The Division of Conservation Districts.
(f) The Division of Environmental Protection.
(g) Such other divisions as the Director may from time to time
establish.
2. The State Environmental Commission, the State Conservation
Commission, the Commission for the Preservation of Wild Horses, the
Nevada Natural Heritage Program and the Board to Review Claims are within
the Department.
(Added to NRS by 1957, 647; A 1963, 828; 1973, 767, 1598, 1719;
1977, 1118, 1356; 1983, 2087; 1989, 1690; 1993, 1482; 1995, 423, 1456;
1997, 2536; 2003, 1559 ; 2005, 2572 )
1. The executive head of the Division of Water Resources shall be
the State Engineer, who shall be appointed by and be responsible to the
Director.
2. The State Engineer and the employees of the Division of Water
Resources shall have such powers and shall perform such duties as are
conferred upon the State Engineer pursuant to title 48 of NRS and the
provisions of any other laws.
(Added to NRS by 1957, 647)
1. The executive head of the Division of State Lands shall be the
Administrator, who shall be ex officio State Land Registrar.
2. The Administrator shall be appointed by and be responsible to
the Director.
3. The Administrator, with the consent of the Director, may
appoint deputies, assistants and employees and assign duties as required
to carry out the functions of the Division of State Lands.
(Added to NRS by 1957, 648; A 1975, 87)
1. The executive head of the Division of Forestry shall be the
State Forester Firewarden, who shall be appointed by and be responsible
to the Director.
2. The State Forester Firewarden and the employees of the Division
of Forestry shall have such powers and shall perform such duties as are
conferred upon the State Forester Firewarden pursuant to chapters 472
and 528 of NRS and the provisions of any other laws.
(Added to NRS by 1957, 648)
1. The head of the Division of Conservation Districts shall be an
Administrative Officer, who shall be selected by the Director from a list
of three people recommended by the State Conservation Commission. The
Administrative Officer shall be employed in the unclassified service. The
Director shall employ such other assistants as may be required to carry
out the functions of the Division and shall assign their duties.
2. The Administrative Officer shall have the following powers and
duties:
(a) To perform staff services for the State Conservation Commission
to assist it in carrying out its responsibilities under chapter 548
of NRS.
(b) To perform such administrative acts as may be required to carry
out the policies and goals established by the Commission and the powers
and duties assigned to it under chapter 548 of NRS.
(Added to NRS by 1973, 766)
1. The Division of State Parks shall be administered by the
Administrator of the Nevada State Park System, who shall be appointed by
and be responsible to the Director.
2. The Administrator and the employees of the Division of State
Parks shall administer the provisions of chapter 407 of NRS and any other laws relating to state parks.
(Added to NRS by 1963, 827)
1. The Division of Environmental Protection consists of the
Administrator and any other necessary personnel.
2. The Administrator is appointed by the Director and is in the
unclassified service of the State.
(Added to NRS by 1977, 1116)
Repealed. (See chapter 493, Statutes of Nevada 2005,
at page 2572 .)
The
chiefs of the divisions of the Department may each appoint a deputy and a
chief assistant in the unclassified service of the State. Except as
otherwise provided in NRS 284.143 , each
deputy and chief assistant shall devote his entire time and attention to
the business of his office and shall not pursue any other business or
occupation or hold any other office of profit.
(Added to NRS by 1977, 1116; A 1981, 1274; 1985, 405; 1995, 2310)
1. Money to carry out the provisions of NRS 232.010 to 232.150 ,
inclusive, and to support the Department and its various divisions and
other units must be provided by direct legislative appropriation from the
State General Fund.
2. All money so appropriated must be paid out on claims approved
by the Director in the same manner as other claims against the State are
paid.
(Added to NRS by 1957, 648; A 1977, 1119; 1989, 513; 1993, 1482)
1. Areas subjected to damage from floods must be delineated by the
Department in cooperation with districts for the control of floods. The
information must be furnished upon request to local, regional and state
planning agencies.
2. The Health Division of the Department of Health and Human
Services shall cooperate with the State Department of Conservation and
Natural Resources for the accomplishment of the purposes of this section,
but this section does not limit the powers and duties of the Health
Division.
(Added to NRS by 1961, 669; A 1963, 898; 1973, 1406; 1987, 706)
DEPARTMENT OF ADMINISTRATION
As used in NRS 232.212 to 232.2195 , inclusive, unless the context requires
otherwise:
1. “Department” means the Department of Administration.
2. “Director” means the Director of the Department.
(Added to NRS by 1973, 1450; A 1993, 1483)
1. The Department of Administration is hereby created.
2. The Department consists of a Director and the following
divisions:
(a) Budget Division.
(b) Risk Management Division.
(c) Hearings Division, which consists of hearing officers,
compensation officers and appeals officers.
(d) Buildings and Grounds Division.
(e) Purchasing Division.
(f) Administrative Services Division.
(g) Division of Internal Audits.
3. The Director may establish a Motor Pool Division or may assign
the functions of the State Motor Pool to one of the other divisions of
the Department.
(Added to NRS by 1973, 1451; A 1979, 626, 1065; 1981, 1673, 1682;
1989, 262; 1993, 1483; 1997, 16; 1999, 2885 ; 2005, 1083 )
The Director:
1. Is appointed by, is responsible to, and serves at the pleasure
of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment or occupation.
(Added to NRS by 1973, 1451; A 1981, 1274; 1985, 406)
The Director:
1. Shall appoint a Chief of the:
(a) Risk Management Division;
(b) Buildings and Grounds Division;
(c) Purchasing Division;
(d) Administrative Services Division;
(e) Division of Internal Audits; and
(f) Motor Pool Division, if separately established.
2. Shall appoint a Chief of the Budget Division, or may serve in
this position if he has the qualifications required by NRS 353.175 .
3. Shall serve as Chief of the Hearings Division and shall appoint
the hearing officers and compensation officers. The Director may
designate one of the appeals officers in the Division to supervise the
administrative, technical and procedural activities of the Division.
4. Is responsible for the administration, through the divisions of
the Department, of the provisions of chapters 331 , 333 and 336 of NRS, NRS 353.150 to 353.246 , inclusive, and 353A.031 to 353A.100 , inclusive, and all other provisions of law relating to the
functions of the divisions of the Department.
5. Is responsible for the administration of the laws of this State
relating to the negotiation and procurement of medical services and other
benefits for state agencies.
6. Has such other powers and duties as are provided by law.
(Added to NRS by 1973, 1451; A 1979, 626, 1065; 1981, 1682; 1987,
1486; 1989, 262, 394; 1993, 774, 1484, 2444; 1995, 579; 1997, 17; 1999,
2885 ; 2001, 1919 ; 2005, 1083 )
1. The Chief of:
(a) The Buildings and Grounds Division;
(b) The Purchasing Division;
(c) The Administrative Services Division;
(d) The Division of Internal Audits; and
(e) If separately established, the Motor Pool Division,
Ê of the Department serves at the pleasure of the Director, but, except
as otherwise provided in subsection 2, for all purposes except removal is
in the classified service of the State.
2. The Chief of the Motor Pool Division, if separately
established, and the Chief of the Division of Internal Audits are in the
unclassified service of the State.
(Added to NRS by 1963, 1033; A 1967, 1490; 1971, 1426; 1973, 1452;
1983, 1347; 1985, 406; 1993, 1483; 1997, 17; 1999, 2886 ; 2005, 1084 )
Unless
federal law or regulation otherwise requires, the Chief of the:
1. Budget Division;
2. Buildings and Grounds Division;
3. Purchasing Division;
4. Division of Internal Audits; and
5. Motor Pool Division, if separately established,
Ê may appoint a Deputy and a Chief Assistant in the unclassified service
of the State, who shall not engage in any other gainful employment or
occupation except as otherwise provided in NRS 284.143 .
(Added to NRS by 1973, 1451; A 1981, 1274; 1993, 1484; 1995, 2310;
1997, 17; 1999, 2886 ; 2005, 1084 )
1. The Department of Administration’s Operating Fund for
Administrative Services is hereby created as an internal service fund.
2. The operating budget of each of the following entities must
include an amount representing that entity’s share of the operating costs
of the central accounting function of the Department:
(a) State Public Works Board;
(b) Budget Division;
(c) Buildings and Grounds Division;
(d) Purchasing Division;
(e) Hearings Division;
(f) Risk Management Division;
(g) Division of Internal Audits; and
(h) If separately established, the Motor Pool Division.
3. All money received for the central accounting services of the
Department must be deposited in the State Treasury for credit to the
Operating Fund.
4. All expenses of the central accounting function of the
Department must be paid from the Fund as other claims against the State
are paid.
(Added to NRS by 1979, 99; A 1981, 254; 1993, 1483; 1995, 928;
1997, 18; 1999, 2886 ; 2005, 1084 )
The
Administrative Services Division shall:
1. Furnish fiscal and accounting services to the Director and to
each division of the Department; and
2. Advise and assist the Director and each division of the
Department in carrying out their functions and responsibilities.
(Added to NRS by 1993, 1482)
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Generally
As used in NRS 232.290 to 232.484 ,
inclusive, unless the context requires otherwise:
1. “Department” means the Department of Health and Human Services.
2. “Director” means the Director of the Department.
(Added to NRS by 1963, 887; A 1967, 826; 1973, 1386, 1622; 1985,
1649, 2276; 1987, 1438; 1991, 2119; 1997, 2526, 2605; 1999, 2242 ; 2005, 129 , 473 , 2436 ; 2005, 22nd Special Session, 50 )
1. The Department of Health and Human Services is hereby created.
2. The Department consists of a Director and the following
divisions:
(a) Aging Services Division.
(b) Health Division.
(c) Division of Mental Health and Developmental Services.
(d) Division of Welfare and Supportive Services.
(e) Division of Child and Family Services.
(f) Division of Health Care Financing and Policy.
3. The Department is the sole agency responsible for administering
the provisions of law relating to its respective divisions.
(Added to NRS by 1963, 888; A 1965, 369, 770; 1967, 826; 1969, 915;
1971, 373; 1973, 1386, 1623, 1691; 1979, 876; 1985, 1366; 1991, 2109,
2119; 1993, 598, 599, 1487; 1997, 2605; 1999, 110 , 2242 , 2244 ; 2005, 22nd Special Session, 50 )
[Replaced in revision by NRS 232.361 .]
[Replaced in revision by NRS
232.363 .]
The Director:
1. Is appointed by, is responsible to, and serves at the pleasure
of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment or occupation.
4. Must have broad, responsible experience in the field of
administration or possess broad management skills or working knowledge of
the field of social services administration.
5. Must be selected with special reference to his training,
experience and aptitude for coordinating related functions of public
health, welfare and social service agencies. His knowledge and abilities
should include the following:
(a) A comprehensive knowledge of administrative principles, and a
working knowledge of principles of public finance and the laws, rules and
regulations pertaining to public agencies.
(b) Administrative ability to assess the operating efficiency of
component agencies and to delegate authority and duties to responsible
division and agency heads.
(c) Ability to organize and clearly present oral and written
findings and recommendations to the Governor, the Legislature and other
officials and agencies.
(Added to NRS by 1963, 888; A 1965, 703; 1967, 1491; 1971, 1428;
1973, 1623; 1981, 1276; 1985, 407)
1. Except as otherwise provided in subsection 3, the Director:
(a) Shall appoint, with the consent of the Governor, administrators
of the divisions of the Department, who are respectively designated as
follows:
(1) The Administrator of the Aging Services Division;
(2) The Administrator of the Health Division;
(3) The Administrator of the Division of Welfare and
Supportive Services;
(4) The Administrator of the Division of Child and Family
Services; and
(5) The Administrator of the Division of Health Care
Financing and Policy.
(b) Shall administer, through the divisions of the Department and
the Office of Disability Services, the provisions of chapters 63 , 424 , 425 , 426A , 427A , 432A to 442 , inclusive, 446 to 450 , inclusive, and 458A of NRS, NRS 127.220 to 127.310
, inclusive, 422.001 to 422.410 , inclusive, 422.580 , 426.205 to 426.295 , inclusive, 432.010 to 432.133 , inclusive, 444.003 to 444.430 , inclusive, and 445A.010 to 445A.055 , inclusive, and all other provisions of law relating to the
functions of the divisions of the Department and the Office of Disability
Services, but is not responsible for the clinical activities of the
Health Division or the professional line activities of the other
divisions or the Office of Disability Services.
(c) Shall, after considering advice from agencies of local
governments and nonprofit organizations which provide social services,
adopt a master plan for the provision of human services in this State.
The Director shall revise the plan biennially and deliver a copy of the
plan to the Governor and the Legislature at the beginning of each regular
session. The plan must:
(1) Identify and assess the plans and programs of the
Department for the provision of human services, and any duplication of
those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those
services among nonprofit organizations, agencies of local government, the
State and the Federal Government;
(4) Identify the sources of funding for services provided by
the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the
Department in providing those services and in the planning and budgeting
for the future provision of those services; and
(6) Contain any other information necessary for the
Department to communicate effectively with the Federal Government
concerning demographic trends, formulas for the distribution of federal
money and any need for the modification of programs administered by the
Department.
(d) May, by regulation, require nonprofit organizations and state
and local governmental agencies to provide information to him regarding
the programs of those organizations and agencies, excluding detailed
information relating to their budgets and payrolls, which he deems
necessary for his performance of the duties imposed upon him pursuant to
this section.
(e) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or
his designee, is responsible for appointing and removing subordinate
officers and employees of the Department, other than:
(a) The Administrator of the Division of Mental Health and
Developmental Services who is appointed pursuant to subsection 3;
(b) The Executive Director of the Nevada Indian Commission who is
appointed pursuant to NRS 233A.055 ;
and
(c) The State Public Defender of the Office of State Public
Defender who is appointed pursuant to NRS 180.010 .
3. The Governor shall appoint the Administrator of the Division of
Mental Health and Developmental Services.
(Added to NRS by 1963, 888; A 1965, 369, 770; 1967, 827; 1969, 915,
1011; 1971, 374; 1973, 1387, 1625, 1692; 1975, 1633; 1977, 1120; 1979,
877; 1981, 1902; 1983, 838; 1985, 1366, 2277; 1987, 881, 1543, 1642;
1991, 332, 1054, 2109, 2114, 2115, 2120, 2137, 2139; 1993, 598, 599,
1487, 2674; 1995, 579; 1997, 2606; 1999, 111 , 2242 , 2244 ; 2001, 2371 ; 2003, 1127 , 1321 , 2635 ; 2005, 473 , 1529 ; 2005, 22nd Special Session, 50 )
The Director may
employ, within the limits of legislative appropriations, such staff as is
necessary to the performance of his duties.
(Added to NRS by 1963, 889; A 1985, 408)
The administrator of each division of
the Department:
1. Is in the unclassified service of the State unless federal law
or regulation requires otherwise.
2. Shall administer the provisions of law relating to his
division, subject to the administrative supervision of the Director.
3. Except as otherwise provided in NRS 284.143 , shall devote his entire time and attention to
the business of his office and shall not pursue any other business or
occupation or hold any other office of profit.
(Added to NRS by 1963, 889; A 1965, 706; 1967, 1492; 1971, 1428;
1973, 1625; 1979, 877; 1981, 1276; 1985, 408; 1995, 2311; 1997, 2607;
1999, 2242 )
Unless federal law or regulation requires otherwise:
1. The administrators of the divisions of the Department, except
as otherwise provided in subsections 2 and 3, may each appoint, with the
consent of the Director, a deputy and a chief assistant in the
unclassified service of the State.
2. The Administrator of the Division of Child and Family Services
of the Department shall appoint, with the consent of the Director, four
deputies in the unclassified service of the State, one of whom is the
Deputy Administrator for Youth Corrections who is responsible only for
correctional services for youths for which the Division is responsible,
including, without limitation, juvenile correctional institutions, parole
of juveniles, administration of juvenile justice and programs for
juvenile justice.
3. The Administrator of the Division of Health Care Financing and
Policy of the Department may appoint, with the consent of the Director,
two deputies in the unclassified service of the State.
(Added to NRS by 1963, 889; A 1967, 1492; 1971, 1429; 1973, 1625;
1979, 878; 1981, 1276; 1985, 408; 1991, 2120; 1995, 2343; 1997, 2607;
1999, 2242 , 2851 ; 2005, 22nd Special Session, 51 )
1. In addition to the adoption of any state plan required pursuant
to NRS 422.271 and except as otherwise provided in NRS 422A.260 , 427A.040 , 432.0155 , 432.0305 , 432A.090 , 439.150 , 439A.081 , 442.140 , 442.190 and 458.025 , the Director or his designee shall adopt each state plan
required by the Federal Government, either directly or as a condition to
the receipt of federal money, for the administration of any program for
which the Department or any of the appropriate divisions of the
Department is responsible. Such a plan must set forth, regarding the
particular program to which the plan applies:
(a) The requirements for eligibility;
(b) The nature and amounts of grants and other assistance which may
be provided;
(c) The conditions imposed; and
(d) Such other provisions relating to the development and
administration of the program as the Director or his designee deems
necessary.
2. In developing and revising such a plan, the Director or his
designee shall consider, without limitation:
(a) The amount of money available from the Federal Government;
(b) The conditions attached to the acceptance of that money; and
(c) The limitations of legislative appropriations and
authorizations,
Ê for the particular program to which the plan applies.
3. If a condition to the receipt of federal money is that the
program for which the money is received must apply statewide and except
as otherwise required by federal law or regulation, the Director may
adopt regulations establishing formulas for the:
(a) Distribution of the federal money; and
(b) Assessment of any penalties or other sanctions imposed on the
program.
(Added to NRS by 2005, 129 )
1. Except for gifts or grants specifically accounted for in
another fund, all gifts or grants of money or other property which the
divisions of the Department are authorized to accept must be accounted
for in the Department of Health and Human Services’ Gift Fund, which is
hereby created as a special revenue fund. The Fund is a continuing fund
without reversion. The Department may establish such accounts in the Fund
as are necessary to account properly for gifts received. All such money
received by the divisions must be deposited in the State Treasury for
credit to the Fund. The money in the Fund must be paid out on claims as
other claims against the State are paid. Unless otherwise specifically
provided by statute, claims against the Fund must be approved by the
Director or his delegate.
2. Gifts of property other than money may be sold or exchanged
when this is deemed by the head of the facility or agency responsible for
the gift to be in the best interest of the facility or agency. The sale
price must not be less than 90 percent of the value determined by a
qualified appraiser appointed by the head of the facility or agency. All
money received from the sale must be deposited in the State Treasury to
the credit of the appropriate gift account in the Department of Health
and Human Services’ Gift Fund. The money may be spent only for the
purposes of the facility or agency named in the title of the account. The
property may not be sold or exchanged if to do so would violate the terms
of the gift.
(Added to NRS by 1981, 76; A 1997, 123; 1999, 9 ; 2001, 2749 ; 2005, 22nd Special Session, 51 )
The divisions of the Department, in the performance of their
official duties, may share information in their possession amongst
themselves which is otherwise declared confidential by statute, if the
confidentiality of the information is otherwise maintained under the
terms and conditions required by law. The divisions of the Department may
share confidential information with agencies of local governments which
are responsible for the collection of debts or obligations or for aiding
the Department in its official duties if the confidentiality of the
information is otherwise maintained under the terms and conditions
required by law.
(Added to NRS by 1987, 1438; A 1989, 1952; 1995, 1576)
1. The Department, in collaboration with any state or local
agencies or community-based organizations which provide information and
referral services concerning health, welfare, human and social services
and any group established by the Governor to implement a statewide
information and referral system concerning health, welfare, human and
social services, shall establish and maintain a statewide information and
referral system to provide nonemergency information and referrals to the
general public concerning the health, welfare, human and social services
provided by public or private entities in this State. The system must:
(a) Integrate any information and referral systems previously
established by state agencies, local agencies or community-based
organizations with the system established pursuant to this section;
(b) Be the sole system in this State which is accessible to a
person by dialing the digits 2-1-1 and which provides nonemergency
information and referrals to the general public concerning the health,
welfare, human and social services provided by public or private entities
in this State;
(c) Be accessible to a person using the public telephone system by
dialing the digits 2-1-1; and
(d) Include information that is updated periodically.
2. In establishing the statewide information and referral system,
the Department, any state or local agencies or community-based
organizations which provide information and referral services concerning
health, welfare, human and social services and any group established by
the Governor to implement a statewide information and referral system
concerning health, welfare, human and social services shall consult with
representatives of:
(a) The Public Utilities Commission of Nevada;
(b) Telephone companies which provide service through a local
exchange in this State;
(c) Companies that provide wireless phone services in this State;
(d) Existing information and referral services established by state
agencies, local agencies or community-based organizations;
(e) State and local agencies or other organizations that provide
health, welfare, human and social services;
(f) Nonprofit organizations; and
(g) Such other agencies, entities and organizations as determined
necessary by the Department, any state or local agencies or
community-based organizations which provide information and referral
services concerning health, welfare, human and social services or any
group established by the Governor to implement a statewide information
and referral system concerning health, welfare, human and social services.
3. The Public Utilities Commission of Nevada, each telephone
company which provides service through a local exchange in this State and
each company that provides wireless phone services in this State shall
cooperate with the Department, any state or local agencies or
community-based organizations which provide information and referral
services concerning health, welfare, human and social services and any
group established by the Governor to implement a statewide information
and referral system concerning health, welfare, human and social services
in the establishment of the statewide information and referral system.
(Added to NRS by 2005, 2437 )
Commission on Mental Health and Developmental Services
1. There is hereby created in the Department a Commission on
Mental Health and Developmental Services consisting of nine members
appointed by the Governor, at least three of whom have training or
experience in dealing with mental retardation.
2. The Governor shall appoint:
(a) A psychiatrist licensed to practice medicine in this State,
from a list of three candidates submitted by the Nevada Psychiatric
Association;
(b) A psychologist licensed to practice in this State and
experienced in clinical practice, from a list of four candidates
submitted by the Nevada State Psychological Association, two of whom must
be from northern Nevada and two of whom must be from southern Nevada;
(c) A physician, other than a psychiatrist, licensed to practice
medicine in this State and who has experience in dealing with mental
retardation, from a list of three candidates submitted by the Nevada
State Medical Association;
(d) A social worker who has a master’s degree and has experience in
dealing with mental illness or mental retardation, or both;
(e) A registered nurse licensed to practice in this State who has
experience in dealing with mental illness or mental retardation, or both,
from a list of three candidates submitted by the Nevada Nurses
Association;
(f) A marriage and family therapist licensed to practice in this
State, from a list of three candidates submitted by the Nevada
Association for Marriage and Family Therapy;
(g) A current or former recipient of mental health services
provided by the State or any agency thereof;
(h) A representative of the general public who has a special
interest in the field of mental health; and
(i) A representative of the general public who has a special
interest in the field of mental retardation.
3. The Governor shall appoint the Chairman of the Commission from
among its members.
4. After the initial terms, each member shall serve a term of 4
years. If a vacancy occurs during a member’s term, the Governor shall
appoint a person qualified under this section to replace that member for
the remainder of the unexpired term.
(Added to NRS by 1985, 2275; A 1989, 1549; 1999, 110 , 1640 ; 2005, 547 )—(Substituted in revision for NRS 232.303)
1. The Commission shall meet at the call of the Chairman at least
6 times but not more than 12 times a year. A meeting may last for more
than 1 day. A majority of the members of the Commission constitutes a
quorum and is required to transact any business of the Commission.
2. Each member of the Commission is entitled to receive a salary
of not more than $80, as fixed by the Commission, for each day he is
engaged in the business of the Commission.
3. While engaged in the business of the Commission, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
4. A person is ineligible for appointment to or continued service
on the Commission if he or his spouse owns an interest in or is employed
by any enterprise or organization, whether or not conducted for profit,
which derives 25 percent or more of its gross revenues from the Division
of Mental Health and Development Services.
(Added to NRS by 1985, 2276; A 1987, 1303; 1989, 1708; 1999, 111
)—(Substituted in revision for NRS 232.306)
Division of Health Care Financing and Policy
Repealed. (See chapter 1, Statutes of
Nevada 2005, 22nd Special Session, at page 63 .)
Repealed. (See chapter 1,
Statutes of Nevada 2005, 22nd Special Session, at page 63 .)
Repealed. (See chapter 1, Statutes of Nevada 2005, 22nd Special Session,
at page 63 .)
Repealed. (See chapter 1,
Statutes of Nevada 2005, 22nd Special Session, at page 63 .)
Repealed. (See chapter 1,
Statutes of Nevada 2005, 22nd Special Session, at page 63 .)
Repealed. (See chapter 1, Statutes of
Nevada 2005, 22nd Special Session, at page 63 .)
Grants Management Advisory Committee
1. The Grants Management Advisory Committee is hereby created
within the Department.
2. The Advisory Committee consists of the following 11 members
appointed by the Director:
(a) A superintendent of a county school district;
(b) A director of a local agency providing services for abused or
neglected children;
(c) A representative of a community organization involved with
children;
(d) A representative of a department of juvenile justice services;
(e) A member who possesses knowledge, skill and experience in the
provision of services to senior citizens;
(f) Two members who possess knowledge, skill and experience in
finance or in business generally;
(g) A representative of the Nevada Association of Counties;
(h) A representative of a broad-based nonprofit organization who
possesses knowledge, skill and experience in collaborating with the
community and in building partnerships between the public sector and the
private sector; and
(i) Two members of the public who possess knowledge of or
experience in the provision of services to persons or families who are
disadvantaged or at risk.
3. The Director shall ensure that, insofar as practicable, the
members whom he appoints reflect the ethnic and geographical diversity of
this State.
4. After the initial terms, each member of the Advisory Committee
serves for a term of 2 years. Each member of the Advisory Committee
continues in office until his successor is appointed.
5. Each member of the Advisory Committee who is not an officer or
employee of this State or a political subdivision of this State is
entitled to receive a salary of not more than $80 per day, fixed by the
Director, while engaged in the business of the Advisory Committee.
6. While engaged in the business of the Advisory Committee, each
member of the Advisory Committee is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
7. A majority of the members of the Advisory Committee constitutes
a quorum for the transaction of business, and a majority of a quorum
present at any meeting is sufficient for any official action taken by the
Advisory Committee.
8. A member of the Advisory Committee who is an officer or
employee of this State or a political subdivision of this State must be
relieved from his duties without loss of his regular compensation so that
he may prepare for and attend meetings of the Advisory Committee and
perform any work necessary to carry out the duties of the Advisory
Committee in the most timely manner practicable. A state agency or
political subdivision of this State shall not require an officer or
employee who is a member of the Advisory Committee to:
(a) Make up the time he is absent from work to carry out his duties
as a member of the Advisory Committee; or
(b) Take annual leave or compensatory time for the absence.
9. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a Chairman
from among its members;
(b) Meet at the call of the Director, the Chairman or a majority of
its members as necessary, within the budget of the Advisory Committee,
but not to exceed six meetings per year; and
(c) Adopt rules for its own management and government.
(Added to NRS by 2005, 471 )
The Grants Management Advisory Committee
created by NRS 232.383 shall:
1. Review all requests received by the Department for awards of
money from agencies of the State or its political subdivisions and
nonprofit community organizations or educational institutions which
provide or will provide services to persons served by the programs
administered by the Department;
2. Submit recommendations to the Director concerning each request
for an award of money that the Advisory Committee believes should be
granted, including, without limitation, the name of the agency, nonprofit
community organization or educational institution that submitted the
request;
3. Adopt policies setting forth criteria to determine which
agencies, organizations and institutions to recommend for an award of
money;
4. Monitor awards of money granted by the Department to agencies
of the State or its political subdivisions, and nonprofit community
organizations or educational institutions which provide or will provide
services to persons served by the programs administered by the Department;
5. Assist the staff of the Department in determining the needs of
local communities and in setting priorities for funding programs
administered by the Department; and
6. Consider funding strategies for the Department, including,
without limitation, seeking ways to avoid unnecessary duplication of the
services for which awards of money to agencies of the State or its
political subdivisions and nonprofit community organizations or
educational institutions are granted, and make recommendations concerning
funding strategies to the Director.
(Added to NRS by 2005, 472 )
The Chairman of the Grants Management Advisory Committee created by NRS
232.383 may appoint working groups
composed of members of the Advisory Committee, former members of the
Advisory Committee and members of the public who have relevant experience
or knowledge:
1. To consider specific problems or other matters that are related
to and within the scope of the functions of the Advisory Committee; and
2. To review requests for awards of money related to specific
programs administered by the Department.
(Added to NRS by 2005, 473 )
Division of Child and Family Services
Repealed. (See chapter 1, Statutes
of Nevada 2005, 22nd Special Session, at page 63 .)
Repealed. (See chapter 1, Statutes of
Nevada 2005, 22nd Special Session, at page 63 .)
Repealed. (See
chapter 1, Statutes of Nevada 2005, 22nd Special Session, at page 63
.)
Repealed. (See chapter 1, Statutes of Nevada 2005, 22nd Special Session,
at page 63 .)
Repealed. (See chapter 1, Statutes of Nevada 2005,
22nd Special Session, at page 63 .)
Repealed. (See chapter 1, Statutes of
Nevada 2005, 22nd Special Session, at page 63 .)
Repealed. (See chapter 1, Statutes of Nevada 2005, 22nd
Special Session, at page 63 .)
Repealed. (See chapter 1, Statutes of Nevada
2005, 22nd Special Session, at page 63 .)
Repealed. (See chapter 1, Statutes
of Nevada 2005, 22nd Special Session, at page 63 .)
Miscellaneous Provisions
Repealed. (See chapter 1, Statutes of Nevada 2005, 22nd
Special Session, at page 63 .)
Repealed. (See chapter 1, Statutes of Nevada 2005, 22nd
Special Session, at page 63 .)
Office of Minority Health
As used in NRS 232.467 to 232.484 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 232.468 to 232.473
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2005, 2434 )
“Advisory Committee”
means the Committee created in the Office pursuant to NRS 232.482 .
(Added to NRS by 2005, 2434 )
“Health care” includes,
without limitation, mental health care.
(Added to NRS by 2005, 2434 )
“Manager” means the Manager of the
Office of Minority Health of the Department.
(Added to NRS by 2005, 2434 )
“Minority group” means a
racial or ethnic minority group.
(Added to NRS by 2005, 2434 )
“Office” means the Office of
Minority Health of the Department.
(Added to NRS by 2005, 2434 )
The Office of Minority Health is
hereby created within the Department. The purposes of the Office are to:
1. Improve the quality of health care services for members of
minority groups;
2. Increase access to health care services for members of minority
groups; and
3. Disseminate information to and educate the public on matters
concerning health care issues of interest to members of minority groups.
(Added to NRS by 2005, 2434 )
1. In accomplishing its purposes, the Office shall:
(a) Provide a central source of information for the use of the
public concerning health care services for members of minority groups and
health care issues of interest to those members;
(b) Identify and use any available resources for the improvement of
the quality of health care services for members of minority groups and
for increased access to health care services for those members;
(c) Develop and coordinate plans and programs to improve the
quality of health care services for members of minority groups and to
increase access to health care services for those members, including,
without limitation, plans and programs that primarily serve local
communities;
(d) Hold conferences and provide training concerning cultural
diversity in the workplace for public and private entities that offer
services in the field of health care, including, without limitation,
providing recommendations and opportunities for training for such public
and private entities to improve recruitment of members of minority groups;
(e) Whenever possible, incorporate the use of bilingual
communication in its programs and activities;
(f) Publicize health care issues of interest to members of minority
groups; and
(g) Develop and carry out such other programs and activities as the
Office deems appropriate.
2. In carrying out the duties set forth in subsection 1, the
Office may seek assistance from and cooperate with a public or private
entity.
(Added to NRS by 2005, 2434 )
The Office may:
1. Apply for any available grants and accept any available gifts,
grants, appropriations or donations, and use any such gifts, grants,
appropriations or donations to carry out its purposes;
2. Contract with a public or private entity to assist in carrying
out its purposes; and
3. Adopt such regulations as are necessary to carry out the
provisions of NRS 232.467 to 232.484
, inclusive.
(Added to NRS by 2005, 2435 )
The Director
shall appoint a Manager of the Office. The Manager must be appointed on
the basis of his education, training, experience, demonstrated abilities
and interest in the provision of health care services to members of
minority groups and in related programs.
(Added to NRS by 2005, 2435 )
The Manager shall:
1. Ensure that the purposes of the Office are carried out;
2. Direct and supervise all the technical and administrative
activities of the Office;
3. Attend the meetings of the Advisory Committee, serve as
secretary at those meetings and keep minutes of those meetings;
4. Request and consider the advice of the Advisory Committee
concerning matters of policy;
5. Serve as the contracting officer for the Office to receive
money from the Federal Government or any other source; and
6. Act as liaison between the Office, members of minority groups,
and public and private entities offering health care services primarily
to those members or offering health care information of interest to those
members.
(Added to NRS by 2005, 2435 )
On or before March 1 of each odd-numbered
year, the Manager shall submit a report to the Governor and to the
Director of the Legislative Counsel Bureau for transmittal to the
Legislature. The report must outline the manner in which the Office has
accomplished its purposes during the biennium, including, without
limitation, information concerning the activities, findings and
recommendations of the Office as they relate to health care services for
members of minority groups and to health care issues of interest to those
members.
(Added to NRS by 2005, 2435 )
1. The Manager may, within the limits of legislative
appropriations and other available money, award a grant of money to a
person for use consistent with the provisions of NRS 232.467 to 232.484 ,
inclusive.
2. Before the Manager may award a grant pursuant to subsection 1,
he shall adopt by regulation:
(a) Procedures by which a person may apply for a grant from the
Manager;
(b) Criteria that the Manager will consider in determining whether
to award a grant; and
(c) Procedures by which the Manager will distribute any money that
the Office receives pursuant to subsection 1 of NRS 232.476 .
(Added to NRS by 2005, 2435 )
1. There is hereby created in the Office an Advisory Committee
consisting of nine members appointed by the Governor.
2. When appointing a member to the Advisory Committee,
consideration must be given to whether the members appointed to the
Advisory Committee reflect the ethnic and geographical diversity of this
State.
3. The term of each member of the Advisory Committee is 2 years. A
member may be reappointed for an additional term of 2 years in the same
manner as the original appointment. A vacancy occurring in the membership
of the Advisory Committee must be filled in the same manner as the
original appointment.
4. At its first meeting and annually thereafter, the Advisory
Committee shall elect a Chairman from among its members.
(Added to NRS by 2005, 2435 )
1. Each member of the Advisory Committee who is not an officer or
employee of the State of Nevada is entitled to receive a salary of not
more than $80 per day, as fixed by the Manager in consultation with the
Advisory Committee, for each day or portion of a day spent on the
business of the Advisory Committee. Each member of the Advisory Committee
who is an officer or employee of the State of Nevada serves without
additional compensation. Each member of the Advisory Committee is
entitled to receive the per diem allowance and travel expenses provided
for state officers and employees generally. A claim for a payment
pursuant to this section must be made on a voucher approved by the
Manager and paid as other claims against the State are paid.
2. Each member of the Advisory Committee who is an officer or
employee of the State of Nevada or a local government must be relieved
from his duties without loss of his regular compensation so that he may
prepare for and attend meetings of the Advisory Committee and perform any
work necessary to carry out the duties of the Advisory Committee in the
most timely manner practicable. A state agency or local governmental
entity may not require an employee who is a member of the Advisory
Committee to make up time or take annual vacation or compensatory time
for the time that he is absent from work to carry out his duties as a
member of the Advisory Committee.
(Added to NRS by 2005, 2436 )
The Advisory Committee
shall:
1. Advise the Manager on all matters concerning the manner in
which the purposes of the Office are being carried out;
2. Review the manner in which the Office uses any gifts, grants,
donations or appropriations to carry out the purposes of the Office and
make recommendations; and
3. Review any reports to be submitted by the Manager, including,
without limitation, the report required pursuant to NRS 232.479 , and make recommendations.
(Added to NRS by 2005, 2436 )
DEPARTMENT OF BUSINESS AND INDUSTRY
Generally
As used in NRS 232.505 to 232.840 ,
inclusive, unless the context requires otherwise:
1. “Department” means the Department of Business and Industry.
2. “Director” means the Director of the Department.
(Added to NRS by 1963, 661; A 1987, 395; 1993, 1484; 1995, 2246,
2708; 1997, 662)
1. The Department of Business and Industry is hereby created.
2. The Department consists of a Director and the following:
(a) Consumer Affairs Division.
(b) Division of Financial Institutions.
(c) Housing Division.
(d) Manufactured Housing Division.
(e) Real Estate Division.
(f) Division of Insurance.
(g) Division of Industrial Relations.
(h) Office of Labor Commissioner.
(i) Taxicab Authority.
(j) Nevada Athletic Commission.
(k) Office of the Nevada Attorney for Injured Workers.
(l) Transportation Services Authority.
(m) Division of Mortgage Lending.
(n) Any other office, commission, board, agency or entity created
or placed within the Department pursuant to a specific statute, the
budget approved by the Legislature or an executive order, or an entity
whose budget or activities have been placed within the control of the
Department by a specific statute.
(Added to NRS by 1963, 661; A 1973, 1071, 1481; 1975, 394, 624;
1979, 1218; 1983, 1475, 1698; 1991, 1608; 1993, 1485; 1995, 32, 2246;
1997, 1970; 1999, 3617 ; 2001, 2904 ; 2003, 3575 )
The Director:
1. Is appointed by, is responsible to, and serves at the pleasure
of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment or occupation.
The Director may participate in any technical studies, statistical
research, seminars or other educational activities, in the same manner as
any chief of a division of the Department, to educate persons about the
duties, programs and activities of the Department or to improve the
administration and effectiveness of the Department, if such participation
does not interfere with the performance of his duties as Director of the
Department.
4. Must have had at least 5 years of responsible administrative
experience in public or business administration or must possess broad
management skills in areas related to the functions of agencies composing
the Department.
5. Must be selected with special reference to his training,
experience and aptitude for coordinating agencies dealing with commercial
activities that are subject to the regulatory authority of the
Department. His knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrative principles and a
working knowledge of broad principles relating to subject matters under
his administrative direction.
(b) The administrative ability to assess the adequacy of agency
operations and the protection of the public interest as related to the
subject fields.
(c) An ability to organize and present oral and written
communication to the Governor, the Legislature and other pertinent
officials or persons.
(d) An ability to oversee the carrying out of the statutory
responsibilities of the Department and departmental policies, rules and
regulations.
(Added to NRS by 1963, 661; A 1963, 1333; 1965, 702; 1967, 1491;
1971, 1427; 1981, 1275; 1985, 406; 1991, 978; 1993, 1485)—(Substituted in
revision for NRS 232.240)
The Director:
1. Shall appoint a chief or executive director, or both of them,
of each of the divisions, offices, commissions, boards, agencies or other
entities of the Department, unless the authority to appoint such a chief
or executive director, or both of them, is expressly vested in another
person, board or commission by a specific statute. In making the
appointments, the Director may obtain lists of qualified persons from
professional organizations, associations or other groups recognized by
the Department, if any. The Chief of the Consumer Affairs Division is the
Commissioner of Consumer Affairs, the Chief of the Division of Financial
Institutions is the Commissioner of Financial Institutions, the Chief of
the Housing Division is the Administrator of the Housing Division, the
Chief of the Manufactured Housing Division is the Administrator of the
Manufactured Housing Division, the Chief of the Real Estate Division is
the Real Estate Administrator, the Chief of the Division of Insurance is
the Commissioner of Insurance, the Chief of the Division of Industrial
Relations is the Administrator of the Division of Industrial Relations,
the Chief of the Office of Labor Commissioner is the Labor Commissioner,
the Chief of the Taxicab Authority is the Taxicab Administrator, the
Chief of the Transportation Services Authority is the Chairman of the
Authority, the Chief of the Division of Mortgage Lending is the
Commissioner of Mortgage Lending and the chief of any other entity of the
Department has the title specified by the Director, unless a different
title is specified by a specific statute.
2. Is responsible for the administration of all provisions of law
relating to the jurisdiction, duties and functions of all divisions and
other entities within the Department. The Director may, if he deems it
necessary to carry out his administrative responsibilities, be considered
as a member of the staff of any division or other entity of the
Department for the purpose of budget administration or for carrying out
any duty or exercising any power necessary to fulfill the
responsibilities of the Director pursuant to this subsection. This
subsection does not allow the Director to preempt any authority or
jurisdiction granted by statute to any division or other entity within
the Department or to act or take on a function that would contravene a
rule of court or a statute.
3. May:
(a) Establish uniform policies for the Department, consistent with
the policies and statutory responsibilities and duties of the divisions
and other entities within the Department, relating to matters concerning
budgeting, accounting, planning, program development, personnel,
information services, dispute resolution, travel, workplace safety, the
acceptance of gifts or donations, the management of records and any other
subject for which a uniform departmental policy is necessary to ensure
the efficient operation of the Department.
(b) Provide coordination among the divisions and other entities
within the Department, in a manner which does not encroach upon their
statutory powers and duties, as they adopt and enforce regulations,
execute agreements, purchase goods, services or equipment, prepare
legislative requests and lease or use office space.
(c) Define the responsibilities of any person designated to carry
out the duties of the Director relating to financing, industrial
development or business support services.
4. May, within the limits of the financial resources made
available to him, promote, participate in the operation of, and create or
cause to be created, any nonprofit corporation, pursuant to chapter 82
of NRS, which he determines is necessary or
convenient for the exercise of the powers and duties of the Department.
The purposes, powers and operation of the corporation must be consistent
with the purposes, powers and duties of the Department.
5. For any bonds which he is otherwise authorized to issue, may
issue bonds the interest on which is not exempt from federal income tax
or excluded from gross revenue for the purposes of federal income tax.
6. May, except as otherwise provided by specific statute, adopt by
regulation a schedule of fees and deposits to be charged in connection
with the programs administered by him pursuant to chapters 348A and 349 of NRS. Except as otherwise provided by specific statute, the amount
of any such fee or deposit must not exceed 2 percent of the principal
amount of the financing.
7. May designate any person within the Department to perform any
of the duties or responsibilities, or exercise any of the authority, of
the Director on his behalf.
8. May negotiate and execute agreements with public or private
entities which are necessary to the exercise of the powers and duties of
the Director or the Department.
9. May establish a trust account in the State Treasury for
depositing and accounting for money that is held in escrow or is on
deposit with the Department for the payment of any direct expenses
incurred by the Director in connection with any bond programs
administered by the Director. The interest and income earned on money in
the trust account, less any amount deducted to pay for applicable
charges, must be credited to the trust account. Any balance remaining in
the account at the end of a fiscal year may be:
(a) Carried forward to the next fiscal year for use in covering the
expense for which it was originally received; or
(b) Returned to any person entitled thereto in accordance with
agreements or regulations of the Director relating to those bond programs.
(Added to NRS by 1963, 1072; A 1969, 141; 1973, 1071, 1482; 1975,
394, 625; 1979, 128, 1218; 1981, 1620; 1983, 1475, 1698; 1987, 1349,
1873; 1989, 1389, 1998; 1991, 979, 1311, 1608, 1637, 2252; 1993, 614,
1485; 1995, 2246; 1997, 1971; 1999, 3617 ; 2001, 2904 ; 2003, 3575 )
The
Director may:
1. Create within the Department, as part of the Office of the
Director, an Office of Business Finance and Planning to:
(a) Administer and coordinate programs related to financing for the
assistance of entities engaged in business and industry in this state;
(b) Provide information to the public concerning the regulatory
programs, assistance programs, and other services and activities of the
Department; and
(c) Interact with other public or private entities to coordinate
and improve access to the Department’s programs related to the growth and
retention of business and industry in this state.
2. Create within the Department, as part of the Office of Business
Finance and Planning, a Center for Business Advocacy and Services:
(a) To assist small businesses in obtaining information about
financing and other basic resources which are necessary for success;
(b) In cooperation with the Executive Director of the Commission on
Economic Development, to increase public awareness of the importance of
developing manufacturing as an industry and to assist in identifying and
encouraging public support of businesses and industries that manufacture
goods in this state;
(c) To serve as an advocate for small businesses, subject to the
supervision of the Director or his representative, both within and
outside the Department;
(d) To assist the Office of Business Finance and Planning in
establishing an information and referral service within the Department
that is responsive to the inquiries of business and industry which are
directed to the Department or any entity within the Department; and
(e) In cooperation with the Executive Director of the Commission on
Economic Development, to advise the Director and the Office of Business
Finance and Planning in developing and improving programs of the
Department to serve more effectively and support the growth, development
and diversification of business and industry in this state.
3. Require divisions, offices, commissions, boards, agencies or
other entities of the Department to work together to carry out their
statutory duties, to resolve or address particular issues or projects or
otherwise to increase the efficiency of the operation of the Department
as a whole and the level of communication and cooperation among the
various entities within the Department.
(Added to NRS by 1995, 2243)
The Director may
employ, within the limits of legislative appropriations, such staff as is
necessary to the performance of his duties.
(Added to NRS by 1963, 662; A 1985, 407)—(Substituted in revision
for NRS 232.260)
The chief of each of the divisions of
the Department:
1. Is in the unclassified service of the State.
2. Shall administer the provisions of law relating to his
division, subject to the administrative supervision of the Director.
3. Except as otherwise provided in NRS 284.143 , shall devote his entire time and attention to
the business of his office and shall not pursue any other business or
occupation or hold any other office of profit, except for temporary and
part-time teaching duties on a university campus.
(Added to NRS by 1963, 1073; A 1967, 1491; 1971, 1427; 1973, 1071;
1979, 129; 1981, 1275; 1985, 407; 1995, 2311)
1. The chiefs of the divisions of the Department may appoint
assistants within the limits of the money available for each position and
subject to the approval of the Director.
2. These assistants are in the unclassified service of the State.
Except as otherwise provided in NRS 284.143 , each assistant shall devote his entire time
and attention to the business of his office and shall not pursue any
other business or occupation or hold any other office of profit.
(Added to NRS by 1963, 662; A 1967, 1491; 1971, 1428; 1973, 1071;
1981, 1275; 1983, 1458; 1985, 407; 1991, 1609; 1993, 1486; 1995, 2311)
The Housing
Division of the Department shall maintain its principal office in Las
Vegas, Nevada.
(Added to NRS by 1995, 2708)
1. The Chief of the Housing Division of the Department shall
appoint, with the consent of the Director, a Chief Financial Officer for
the Housing Division.
2. The Chief Financial Officer for the Housing Division must:
(a) Be a certified public accountant licensed by this state or
another state of the United States;
(b) Have 5 years of responsible experience in investment banking
and general accounting; or
(c) Have a comprehensive knowledge of the principles and practices
of public finance and 5 years of responsible experience in that field.
3. The Chief Financial Officer for the Housing Division is:
(a) In the unclassified service of the State.
(b) Directly responsible to the Chief of the Housing Division.
(Added to NRS by 1987, 395)—(Substituted in revision for NRS
232.283)
1. An Investigative Account for Financial Institutions is hereby
created in the State General Fund. The Account consists of money which is:
(a) Received by the Department of Business and Industry in
connection with the licensing of financial institutions and the
investigation of persons associated with those institutions; and
(b) Required by law to be placed therein.
2. The Director of the Department of Business and Industry or his
designee may authorize expenditures from the Investigative Account to pay
the expenses incurred:
(a) In investigating applications for licensing of financial
institutions and in investigating persons associated with those
institutions;
(b) In conducting special investigations relating to financial
institutions and persons associated with those institutions; and
(c) In connection with mergers, consolidations, conversions,
receiverships and liquidations of financial institutions.
3. As used in this section, “financial institution” means an
institution for which licensing or registration is required by the
provisions of titles 55 and 56 and chapters 604A and 649 of NRS.
(Added to NRS by 1983, 1315; A 1991, 1757; 1993, 1487; 1999, 3808
; 2001, 2047 ; 2003, 3577 ; 2005, 1710 )
1. An Account for Special Projects to Assist in the Development of
Services for Business and Industry is hereby created in the State General
Fund. The Account must be administered by the Director. The Director may
apply for and accept any gift, donation, bequest, grant or other source
of money for deposit in the Account. The money in the Account may be
expended in accordance with the terms and conditions of the gift,
donation, bequest or grant, or in accordance with subsection 2.
2. Except as otherwise provided in subsection 1, the money in the
Account may be used only in carrying out the duties of the director as
they relate to developing and administering special projects to provide
services for business and industry in this state.
(Added to NRS by 1995, 2243)
1. A division, office, authority, commission, board or other
entity set forth in NRS 232.510 may
adopt regulations to establish procedures to conduct business
electronically with persons who have business with that division, office,
authority, commission, board or other entity. The regulations may
include, without limitation, the establishment of fees to cover the costs
to the division, office, authority, commission, board or other entity of
conducting business electronically.
2. Notwithstanding any other provision, if a division, office,
authority, commission, board or other entity adopts regulations to
conduct business electronically pursuant to subsection 1, the division,
office, authority, commission, board or other entity may provide that a
declaration made pursuant to NRS 53.045
may satisfy the requirement that a signature or statement be notarized,
acknowledged, verified or made under oath.
3. The division, office, authority, commission, board or other
entity may refuse to conduct business electronically with a person who
has failed to pay money owed to the division, office, authority,
commission, board or other entity.
(Added to NRS by 2003, 3575 )
1. Except if a particular procedure for resolving a dispute is
required by a specific statute, and except as otherwise provided in
subsection 2, the Director may authorize any entity within the Department
or any natural person who is subject to the authority of the Director to
use alternative means of dispute resolution in any proceeding if the
alternative means can be:
(a) Carried out by the available personnel of the Department or
persons under contract with the Department; and
(b) Paid for with money that is available in the existing budget of
the affected entity of the Department.
2. Before authorizing an entity of the Department to use
alternative means of dispute resolution, the Director must notify the
Attorney General. The Attorney General, within 30 days after his receipt
of the notification from the Director, shall respond to the Director
concerning the advisability of using alternative means of dispute
resolution to resolve the dispute at issue. The Director shall consider
the advice of the Attorney General but may authorize an entity of the
Department to use alternative means of dispute resolution unless the
Attorney General indicates in his response that he officially opposes the
use of such means. If the Attorney General fails to respond within 30
days after his receipt of the notification, the Director may authorize
the use of alternative means of dispute resolution.
3. The alternative means of dispute resolution may include,
without limitation, evaluation of the facts and issues in a dispute by a
neutral person, fact-finding, mediation, arbitration or other
collaborative problem-solving processes designed to encourage persons to
work together to develop agreeable solutions to disputes in lieu of
litigation or adjudication of contested cases in administrative hearings.
4. Any entity which, or natural person who, has received
authorization from the director to use alternative means of dispute
resolution may enter into a contract to facilitate the use of such means,
subject to the approval of the Attorney General, the limitations set
forth in subsection 1 and the provisions of NRS 284.173 .
(Added to NRS by 1995, 2244)
Division of Industrial Relations
As used in NRS 232.550 to 232.700 ,
inclusive, unless the context otherwise requires:
1. “Administrator” means the Administrator of the Division.
2. “Director” means the Director of the Department of Business and
Industry.
3. “Division” means the Division of Industrial Relations of the
Department of Business and Industry.
4. “Insurer” includes:
(a) A self-insured employer;
(b) An association of self-insured public employers;
(c) An association of self-insured private employers; and
(d) A private carrier.
(Added to NRS by 1981, 1517; A 1993, 774, 775, 1488; 1995, 531,
2040; 1999, 1809 )
1. There is hereby created in the Division an Advisory Council
composed of seven members appointed by the Governor.
2. The Advisory Council must be composed of:
(a) Three representatives of labor, at least two of whom must
represent organized labor;
(b) Three representatives of management, at least two of whom must
represent employers who employ at least 250 persons; and
(c) One representative of the general public who is knowledgeable
in the field of industrial relations.
3. Any member who is appointed to fill a vacancy must be appointed
in the same manner and possess the same general qualifications as his
predecessor in office.
(Added to NRS by 1981, 1517; A 1985, 1552; 1993, 1488)
1. The Council shall meet at least twice annually at times and
places specified by a call of the Chairman, the Administrator or a
majority of the Council. Special meetings, not to exceed six per year,
may be held at the call of the Chairman, the Administrator or a majority
of the Council.
2. The Council shall select from its members a Chairman and Vice
Chairman who shall hold office for 1 year. The Administrator shall act as
Secretary of the Council.
3. The Council may prescribe such bylaws as it deems necessary for
its operation.
4. Four members of the Council constitute a quorum, and a quorum
may exercise all the power and authority conferred on the Council.
(Added to NRS by 1981, 1518; A 1993, 1489)
Each member of
the Council is entitled to receive a salary of $60 for each day’s
attendance at a meeting of the Council.
(Added to NRS by 1981, 1518; A 1985, 410)
1. The Council shall act in an advisory capacity to the
Administrator and may, on its own initiative or at the request of the
Administrator, conduct studies or investigations concerning the
organization and administration of the Division and make recommendations
to the Administrator based on the results of such studies or
investigations.
2. The Council shall review on a quarterly basis the records of
oral complaints compiled by the Division pursuant to NRS 618.336 . Upon completing its review, the Council shall submit any
comments or recommendations regarding the complaints or the records to
the Administrator.
3. The Council, by the affirmative vote of a majority of its
members, may remove from the records of the Division the name of a debtor
and the amount of any debt owed by him, if 3 years have elapsed since the
debt was incurred and the Council determines that the debt remains
impossible or impractical to collect. The Division shall establish a
master file containing the information removed from its official records
pursuant to this subsection.
(Added to NRS by 1981, 1518; A 1989, 472; 1991, 2435; 1993, 1489)
The Administrator:
1. Is appointed by, is responsible to and serves at the pleasure
of the Director.
2. Is in the unclassified service of the State.
3. Except as otherwise provided in NRS 284.143 , shall not engage in any other gainful
employment or occupation.
4. Must have responsible administrative experience in public or
business administration or possess broad management skills in areas
related to the functions of the Division.
5. Must have the demonstrated ability to administer a major public
agency in the field of industrial relations. His knowledge and abilities
must include:
(a) A comprehensive knowledge of administrative principles and a
working knowledge of broad principles relating to the subject matters
under his administrative direction;
(b) An administrative ability to assess the adequacy of agency
operations and the protection of the public interest as related to the
subject fields; and
(c) An ability to organize and present oral and written
communication to the governor, the legislature, and other pertinent
officials or other persons.
6. Must possess a background which indicates that he can
impartially serve the interests of both employees and employers.
7. Must not, at the time of his appointment or at any time during
his term of office:
(a) Be an officer, director or employee, or have any personal or
private interest in any operating mine, mill, smelter or ore reduction
plant or the products thereof;
(b) Hold, directly or indirectly, any financial interest in any
company, partnership, organization or corporation or subsidiary of a
corporation, which owns, operates or has a financial interest in any
mines which are subject to the provisions of chapter 512 of NRS; or
(c) Be an officer or employee of any labor organization.
(Added to NRS by 1981, 1518; A 1983, 1458; 1985, 410; 1993, 1489;
1995, 2311)
The Administrator:
1. Is responsible for the administration of the provisions of
chapters 512 and 616A to 618 , inclusive, of NRS, and all other provisions of law relating to the
functions of the Division.
2. Has such other powers and duties as are provided by law.
(Added to NRS by 1981, 1518; A 1985, 255; 1991, 2435; 1993, 1490)
1. The Administrator may appoint such assistant administrators of
the Division as necessary for the administration of the Division and
assign the duties of the assistant administrators.
2. An assistant administrator is in the unclassified service of
the State.
3. Except as otherwise provided in NRS 284.143 , an assistant administrator shall devote his
entire time and attention to the business of his office and shall not
engage in any other gainful employment or occupation.
(Added to NRS by 1981, 1519; A 1983, 1459; 1985, 411; 1993, 1490;
1995, 2312)
The Administrator may employ
such staff as is necessary for the performance of his duties.
(Added to NRS by 1981, 1519; A 1985, 411, 866; 1993, 1490)
1. The Administrator may:
(a) Appoint one or more legal counsel to provide services for the
Division. If appointed, they are in the unclassified service of the State.
(b) Provide for contract services to be rendered by such other
legal counsel as are needed for assistance in administering the laws
relating to labor and industrial relations.
2. Each of the legal counsel must be an attorney admitted to
practice law in Nevada.
3. In the prosecution of all claims and actions referred to him, a
legal counsel has the same power as that vested in the district attorneys
of the several counties to:
(a) Enforce the laws relating to labor and industrial relations; and
(b) Prosecute for criminal violations of such laws.
(Added to NRS by 1981, 1520; A 1983, 1460; 1985, 411; 1991, 2436;
1993, 1491; 1999, 1857 )
The Administrator shall:
1. Establish divisional goals, objectives and priorities.
2. Prepare the Division’s budget, legislative proposals,
contracts, agreements and applications for federal assistance.
3. Coordinate divisional programs with other departments and other
levels of government.
4. From time to time adopt such regulations as he deems necessary
for the administration of the Division.
5. Except as otherwise provided by a specific statute, direct the
Division to share information in its records with agencies of local
governments which are responsible for the collection of debts or
obligations if the confidentiality of the information is otherwise
maintained under the terms and conditions required by law.
(Added to NRS by 1981, 1519; A 1993, 1491; 1995, 1576)
1. The cost of carrying out the provisions of NRS 232.550 to 232.700 ,
inclusive, and of supporting the Division, a full-time employee of the
Legislative Counsel Bureau and the Fraud Control Unit for Industrial
Insurance established pursuant to NRS 228.420 , and that portion of the cost of the Office
for Consumer Health Assistance established pursuant to NRS 223.550 that is related to providing assistance to
consumers and injured employees concerning workers’ compensation, must be
paid from assessments payable by each insurer, including each employer
who provides accident benefits for injured employees pursuant to NRS
616C.265 .
2. The Administrator shall assess each insurer, including each
employer who provides accident benefits for injured employees pursuant to
NRS 616C.265 . To establish the amount of the assessment, the
Administrator shall determine the amount of money necessary for each of
the expenses set forth in subsections 1 and 4 of this section and
subsection 3 of NRS 616A.425 and determine the amount that is payable by the private
carriers, the self-insured employers, the associations of self-insured
public or private employers and the employers who provide accident
benefits pursuant to NRS 616C.265 for each of the programs. For the expenses from which more
than one group of insurers receives benefit, the Administrator shall
allocate a portion of the amount necessary for that expense to be payable
by each of the relevant group of insurers, based upon the expected annual
expenditures for claims of each group of insurers. After allocating the
amounts payable among each group of insurers for all the expenses from
which each group receives benefit, the Administrator shall apply an
assessment rate to the:
(a) Private carriers that reflects the relative hazard of the
employments covered by the private carriers, results in an equitable
distribution of costs among the private carriers and is based upon
expected annual premiums to be received;
(b) Self-insured employers that results in an equitable
distribution of costs among the self-insured employers and is based upon
expected annual expenditures for claims;
(c) Associations of self-insured public or private employers that
results in an equitable distribution of costs among the associations of
self-insured public or private employers and is based upon expected
annual expenditures for claims; and
(d) Employers who provide accident benefits pursuant to NRS
616C.265 that reflect the relative hazard of the employments covered
by those employers, results in an equitable distribution of costs among
the employers and is based upon expected annual expenditures for claims.
Ê The Administrator shall adopt regulations that establish the formula
for the assessment and for the administration of payment, and any
penalties that the Administrator determines are necessary to carry out
the provisions of this subsection. The formula may use actual
expenditures for claims. As used in this subsection, the term “group of
insurers” includes the group of employers who provide accident benefits
for injured employees pursuant to NRS 616C.265 .
3. Federal grants may partially defray the costs of the Division.
4. Assessments made against insurers by the Division after the
adoption of regulations must be used to defray all costs and expenses of
administering the program of workers’ compensation, including the payment
of:
(a) All salaries and other expenses in administering the Division,
including the costs of the office and staff of the Administrator.
(b) All salaries and other expenses of administering NRS 616A.435
to 616A.460 , inclusive, the offices of the Hearings Division of the
Department of Administration and the programs of self-insurance and
review of premium rates by the Commissioner of Insurance.
(c) The salary and other expenses of a full-time employee of the
Legislative Counsel Bureau whose principal duties are limited to
conducting research and reviewing and evaluating data related to
industrial insurance.
(d) All salaries and other expenses of the Fraud Control Unit for
Industrial Insurance established pursuant to NRS 228.420 .
(e) Claims against uninsured employers arising from compliance with
NRS 616C.220 and 617.401 .
(f) That portion of the salaries and other expenses of the Office
for Consumer Health Assistance established pursuant to NRS 223.550 that is related to providing assistance to
consumers and injured employees concerning workers’ compensation.
5. If the Division refunds any part of an assessment, the Division
shall include in that refund any interest earned by the Division from the
refunded part of the assessment.
(Added to NRS by 1981, 1520; A 1985, 866; 1991, 2436; 1993, 775,
1491; 1995, 579, 2040, 2164; 1997, 579; 1999, 1810 ; 2001, 962 , 2458 ; 2003, 175 , 2806 )
The Administrator may enter
into cooperative agreements with any federal or state agency or political
subdivision of the State, or any public or private institution located in
or outside this State, or any person, corporation or association, in
connection with studies and investigations pertaining to any activities
of the Division.
(Added to NRS by 1981, 1519; A 1993, 1492)
The insurers and any state agency or division having functions
dealing with chapter 512 , 616A , 616B , 616C , 616D , 617 or 618 of NRS shall cooperate with the Administrator in the performance of
his duties and shall provide him with any information, statistics or data
in their records as he requires.
(Added to NRS by 1981, 1520; A 1985, 255; 1991, 1609; 1993, 1492)
Division of Insurance
As used in NRS 232.805 to 232.840 ,
inclusive, unless the context otherwise requires:
1. “Commissioner” means the Commissioner of Insurance.
2. “Division” means the Division of Insurance of the Department of
Business and Industry.
(Added to NRS by 1991, 1607; A 1993, 1492)
The Commissioner of Insurance is the head of the
Division and:
1. Is appointed by and responsible to, and serves at the pleasure
of, the Director of the Department of Business and Industry.
2. Is in the unclassified service of the State.
(Added to NRS by 1991, 1607; A 1993, 1492)
The Commissioner:
1. May appoint two deputies. The deputies are in the unclassified
service of the State. Except as otherwise provided in NRS 284.143 , each deputy shall devote his entire time and
attention to the business of his office and shall not pursue any other
business or occupation or hold any other office of profit.
2. Is responsible for the administration of the provisions of
title 57 of NRS, and all other provisions of law relating to the
functions of the Division.
3. May employ such staff as is necessary for the performance of
his duties.
4. Has such other powers and duties as are provided by law.
(Added to NRS by 1991, 1607; A 1993, 1492; 1995, 2312)
Each state agency or division having functions relating to
title 57 of NRS shall cooperate with the Commissioner in the performance
of his duties and shall provide the Commissioner with any information,
statistics or data in its records that he requires.
(Added to NRS by 1991, 1608)
DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION
As used in NRS 232.900 to 232.960 ,
inclusive, unless the context otherwise requires:
1. “Department” means the Department of Employment, Training and
Rehabilitation.
2. “Director” means the Director of the Department.
(Added to NRS by 1993, 1480; A 1999, 869 )
1. The Department of Employment, Training and Rehabilitation is
hereby created. The purpose of the Department is to plan, coordinate and
carry out various services and activities designed to achieve and support
employment and economic independence for disadvantaged, displaced and
disabled residents of this State.
2. The Department consists of a Director and the following
divisions:
(a) Employment Security Division;
(b) Rehabilitation Division; and
(c) Such other divisions as the Director may establish.
3. The Nevada Equal Rights Commission and the Board for the
Education and Counseling of Displaced Homemakers are within the
Department.
(Added to NRS by 1993, 1480; A 1997, 3075)
The Director:
1. Shall:
(a) Organize the Department into divisions and other operating
units as needed to achieve the purposes of the Department;
(b) Upon request, provide the Director of the Department of
Administration with a list of organizations and agencies in this State
whose primary purpose is the training and employment of handicapped
persons; and
(c) Except as otherwise provided by a specific statute, direct the
divisions to share information in their records with agencies of local
governments which are responsible for the collection of debts or
obligations if the confidentiality of the information is otherwise
maintained under the terms and conditions required by law.
2. Is responsible for the administration, through the divisions of
the Department, of the provisions of NRS 426.005 to 426.720 , inclusive, 426.740 , 426.790 and 426.800 , and chapters 612 and 615 of NRS, and all other provisions of law relating to the functions of
the Department and its divisions, but is not responsible for the
professional line activities of the divisions or other operating units
except as otherwise provided by specific statute.
3. May employ, within the limits of legislative appropriations,
such staff as is necessary for the performance of the duties of the
Department.
(Added to NRS by 1993, 1480; A 1995, 1576; 1997, 1170, 3075; 1999,
636 , 870 , 3064 ; 2003, 2636 )
The Director:
1. Is appointed by, is responsible to, and serves at the pleasure
of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment or occupation.
(Added to NRS by 1993, 1481)
The
Rehabilitation Division of the Department consists of the following
bureaus:
1. Bureau of Services to the Blind and Visually Impaired.
2. Bureau of Vocational Rehabilitation.
(Added to NRS by 1993, 1481; A 1997, 1171; 1999, 1882 )
1. The Director shall appoint an Administrator of the
Rehabilitation Division of the Department. The Administrator:
(a) Is in the unclassified service of the State unless federal law
or regulation requires otherwise, and serves at the pleasure of the
Director.
(b) Shall administer the provisions of law set forth in paragraph
(d), subject to the administrative supervision of the Director.
(c) Except as otherwise provided in NRS 284.143 , shall devote his entire time and attention to
the business of his office and shall not pursue any other business or
occupation or hold any other office of profit.
(d) Is responsible for the administration, through the bureaus of
the Rehabilitation Division, of the provisions of this section, NRS
232.940 , 426.518 to 426.610 , inclusive, and chapter 615 of NRS, and all other provisions of law relating to the functions of
the Rehabilitation Division.
(e) Is responsible for the preparation of a consolidated state plan
for the Bureau of Services to the Blind and Visually Impaired, the Bureau
of Vocational Rehabilitation and any other program administered by the
Rehabilitation Division that he considers appropriate to incorporate into
the consolidated state plan before submission to the Federal Government.
This subsection does not apply if any federal regulation exists that
prohibits a consolidated plan.
(f) In developing and revising state plans pursuant to paragraph
(e), shall consider, without limitation:
(1) The amount of money available from the Federal
Government for the programs of the Rehabilitation Division;
(2) The conditions attached to the acceptance of that money;
and
(3) The limitations of legislative appropriations for the
programs.
(g) May make such expenditures and investigations, require such
reports and take such other actions as he deems necessary or suitable to
carry out the functions of the Rehabilitation Division.
(h) May employ, within the limits of legislative appropriations,
such staff as is necessary to the performance of the duties of the
Rehabilitation Division.
(i) Shall determine the organization and methods of procedure for
the Rehabilitation Division in accordance with the provisions of this
section, NRS 232.940 , 426.518 to 426.610 , inclusive, and chapter 615 of NRS, and all other provisions of law relating to the functions of
the Rehabilitation Division.
(j) May adopt, amend or rescind such rules and regulations as he
deems necessary or suitable to carry out the provisions of this section,
NRS 232.940 , 426.518 to 426.610 , inclusive, and chapter 615 of NRS, and all other provisions of law relating to the functions of
the Rehabilitation Division.
2. The Rehabilitation Division shall serve as the designated state
unit with respect to state programs for independent living established
pursuant to 29 U.S.C. §§ 796 et seq. As used in this subsection,
“designated state unit” has the meaning ascribed to it in 34 C.F.R. §
364.4.
(Added to NRS by 1999, 869 ; A 2003, 2636 ; 2005, 110 )
Repealed. (See chapter 57, Statutes of Nevada 2005, at page 116 .)
1. Except for gifts or grants specifically accounted for in
another fund, all gifts or grants of money or other property which the
Rehabilitation Division of the Department is authorized to accept must be
accounted for in the Department of Employment, Training and
Rehabilitation’s Gift Fund, which is hereby created as a special revenue
fund. The Fund is a continuing fund without reversion. The Department may
establish such accounts in the Fund as are necessary to account properly
for gifts received. All such money received by the Division must be
deposited in the State Treasury for credit to the Fund. The money in the
Fund must be paid out on claims as other claims against the State are
paid. Unless otherwise specifically provided by statute, claims against
the Fund must be approved by the Director or his delegate.
2. Gifts of property other than money may be sold or exchanged
when it is deemed by the Director to be in the best interest of the
Rehabilitation Division. The sale price must not be less than 90 percent
of the value determined by a qualified appraiser appointed by the
Director. All money received from the sale must be deposited in the State
Treasury to the credit of the Fund. The money may be spent only for the
purposes of the Division. The property may not be sold or exchanged if to
do so would violate the terms of the gift.
(Added to NRS by 1993, 1481; A 2001, 2750 )
