USA Statutes : nevada
Title : Title 53 - LABOR AND INDUSTRIAL RELATIONS
Chapter : CHAPTER 615 - VOCATIONAL REHABILITATION
1. The purposes of this chapter are to:
(a) Rehabilitate handicapped individuals so that they may prepare
for and engage in gainful occupations;
(b) Provide physically and mentally disabled persons with a program
of services which will result in greater opportunities for them to enter
more fully into the life of the community;
(c) Promote activities which will assist the handicapped to reach
their fullest potential; and
(d) Encourage and develop facilities and other resources needed by
the handicapped.
2. The provisions of this chapter shall be liberally construed to
effect its stated purposes.
(Added to NRS by 1967, 827)
As used in this chapter the words and
terms defined in NRS 615.023 to 615.140
, inclusive, unless the context
otherwise requires, have the meanings ascribed to them in those sections.
(Added to NRS by 1967, 827; A 1973, 1401; 1991, 170; 1993, 1853;
1999, 872 )
“Administrator” means the
Administrator of the Rehabilitation Division of the Department.
(Added to NRS by 1999, 872 )
“Bureau” means the Bureau of
Vocational Rehabilitation in the Division.
(Added to NRS by 1973, 1401; A 1991, 170)
Repealed. (See chapter 57, Statutes
of Nevada 2005, at page 116 .)
“Construct” includes
construction of new buildings, acquisition of existing buildings and
expansion, remodeling, alteration and renovation of existing buildings,
and initial equipment of such new, newly acquired, expanded, remodeled,
altered or renovated buildings.
(Added to NRS by 1967, 828)
“Department” means the
Department of Employment, Training and Rehabilitation.
(Added to NRS by 1967, 828; A 1973, 1401; 1993, 1853)
“Director” means the Director of
the Department.
(Added to NRS by 1967, 828; A 1973, 1402)
“Division” means the
Rehabilitation Division of the Department.
(Added to NRS by 1991, 169)
“Establishment of a rehabilitation facility” means:
1. The expansion, remodeling or alteration of existing buildings
necessary to adapt or to increase the effectiveness of such buildings for
rehabilitation facility purposes;
2. The acquisition of initial equipment for such purposes; or
3. The initial staffing of a rehabilitation facility for a period
not exceeding 1 year.
(Added to NRS by 1967, 828)
“Establishment
of a workshop” means:
1. The expansion, remodeling or alteration of existing buildings
necessary to adapt such buildings to workshop purposes or to increase the
employment opportunities in workshop; and
2. The acquisition of initial equipment necessary for new
workshops or to increase the employment opportunities in workshops.
(Added to NRS by 1967, 828)
“Gainful occupation”
includes:
1. Employment in the competitive labor market;
2. Practice of a profession;
3. Self-employment;
4. Homemaking;
5. Farm or family work (including work for which payment is in
kind rather than in cash);
6. Sheltered employment; and
7. Home industries or other gainful homebound work.
(Added to NRS by 1967, 828)
“Handicapped
individual” means:
1. Any individual who has a physical or mental disability which
constitutes a substantial handicap to employment but which is of such a
nature that vocational rehabilitation services may reasonably be expected
to render him fit to engage in a gainful occupation, including a gainful
occupation which is more consistent with his capacities and abilities.
2. Any individual who has a physical or mental disability which
constitutes a substantial handicap to employment for whom vocational
rehabilitation services are necessary for the purposes of the
determination of rehabilitation potential.
(Added to NRS by 1967, 828)
“Physical or
mental disability” means a physical or mental condition which materially
limits, contributes to limiting or, if not corrected, will probably
result in limiting an individual’s activities or functioning. It includes
behavioral disorders characterized by deviant social behavior or impaired
ability to carry out normal relationships with family and community which
may result from vocational, educational, cultural, social, environmental
or other factors.
(Added to NRS by 1967, 828)
“Substantial handicap to employment” means that a physical or mental
disability (in the light of attendant medical, psychological, vocational,
cultural, social or environmental factors) impedes an individual’s
occupational performance, by preventing his obtaining, retaining or
preparing for a gainful occupation consistent with his capacities and
abilities.
(Added to NRS by 1967, 828)
“Vocational rehabilitation services” means any goods and services
necessary to render a handicapped individual fit to engage in a gainful
occupation, or to determine his rehabilitation potential.
(Added to NRS by 1967, 829)
The Department, through
the Director, shall administer the provisions of this chapter as the sole
agency of the State of Nevada for such purpose.
(Added to NRS by 1967, 829; A 1973, 1402; 1991, 170; 1993, 1853)
Repealed. (See
chapter 57, Statutes of Nevada 2005, at page 116 .)
Vocational rehabilitation services shall be provided directly or through
public or private resources to any handicapped individual, including any
handicapped individual who is eligible under the terms of an agreement or
an arrangement with another state or with the Federal Government.
(Added to NRS by 1967, 829)
1. The Administrator shall:
(a) Subject to the approval of the Director, adopt rules and
regulations necessary to carry out the purposes of this chapter;
(b) Establish appropriate administrative units within the Bureau;
(c) Appoint such personnel as is necessary for the proper and
efficient performance of the functions of the Bureau;
(d) Prescribe the duties of the personnel of the Bureau;
(e) Prepare and submit to the Governor, through the Director,
before September 1 of each even-numbered year for the biennium ending
June 30 of such year, reports of activities and expenditures and
estimates of sums required to carry out the purposes of this chapter;
(f) Make certification for the disbursement of money available for
carrying out the purposes of this chapter; and
(g) Take such other action as may be necessary or appropriate to
cooperate with public and private agencies and otherwise to carry out the
purposes of this chapter.
2. The Administrator may delegate to any officer or employee of
the Bureau such of his powers and duties as he finds necessary to carry
out the purposes of this chapter.
(Added to NRS by 1967, 829; A 1969, 1458; 1973, 1402; 1975, 60;
1991, 170; 1993, 1853; 1999, 872 ; 2005, 115 )
The Bureau shall:
1. Take action necessary or appropriate to carry out the purposes
of this chapter; and
2. Cooperate with other departments, agencies and institutions,
both public and private, in providing for the vocational rehabilitation
of handicapped individuals, in studying the problems involved therein,
and in planning, establishing, developing and providing such programs,
facilities and services as may be necessary or desirable.
(Added to NRS by 1967, 829; A 1973, 1402)
The Bureau may:
1. Enter into reciprocal agreements with other states, which, for
this purpose, may include the District of Columbia, Puerto Rico, the
Virgin Islands and Guam, to provide for the vocational rehabilitation of
individuals within the states concerned;
2. Establish or construct rehabilitation facilities and workshops
and make grants to, or contracts or other arrangements with, public and
other nonprofit organizations for the establishment of workshops and
rehabilitation facilities;
3. Operate facilities for carrying out the purposes of this
chapter;
4. In matters relating to vocational rehabilitation:
(a) Conduct research, studies, investigations and demonstrations
and make reports;
(b) Provide training and instruction, including, without
limitation, the establishment and maintenance of such research
fellowships and traineeships with such stipends and allowances as may be
deemed necessary;
(c) Disseminate information; and
(d) Render technical assistance;
5. Provide for the establishment, supervision, management and
control of small business enterprises to be operated by severely
handicapped persons where their operation will be improved through the
management and supervision of the Bureau; and
6. Maintain a list of persons who are qualified to engage in the
practice of interpreting in this state pursuant to NRS 656A.100 to serve as interpreters for handicapped
persons and shall make any such list available without charge to persons
who request it.
(Added to NRS by 1967, 829; A 1973, 1402; 1979, 659; 2001, 1778
)
1. The State of Nevada accepts the provisions and benefits of the
Act of Congress entitled “An act to provide for the promotion of
vocational rehabilitation of persons disabled in industry or otherwise
and their return to civil employment,” approved June 2, 1920, and as the
same has been or may be amended.
2. In addition to the provisions of subsection 1, the Bureau is
authorized to accept and direct the disbursement of funds appropriated by
any Act of Congress and apportioned to the State of Nevada for use in
connection with the vocational rehabilitation program.
3. In accepting the provisions and benefits of the Acts of
Congress referred to in subsections 1 and 2, the State of Nevada agrees
to observe and comply with all of their requirements.
(Added to NRS by 1967, 830; A 1973, 1403)
1. To facilitate the making of disability determinations in this
state, the Department through the Division, on behalf of the State of
Nevada, may enter into an agreement or agreements with the United States
Government, by and through the Secretary of Health and Human Services, or
any other federal agency, for the making of disability determinations,
receiving and expending federal money for the making of such
determinations, and performing other acts and functions necessary to
effectuate the provisions of any Act of Congress, and all applicable
federal regulations adopted pursuant thereto.
2. The Department, by and through the Division, shall make the
disability determinations required by the provisions of any Act of
Congress, and the State Treasurer shall disburse the money required for
the making of such determinations upon claims by the Director in the same
manner as other claims against the State are paid.
(Added to NRS by 1967, 830; A 1973, 1403; 1983, 150; 1991, 170;
1993, 1854)
1. The Department through the Bureau may make agreements,
arrangements or plans to:
(a) Cooperate with the Federal Government in carrying out the
purposes of this chapter or of any federal statutes pertaining to
vocational rehabilitation and to this end may adopt such methods of
administration as are found by the Federal Government to be necessary for
the proper and efficient operation of such agreements, arrangements or
plans for vocational rehabilitation; and
(b) Comply with such conditions as may be necessary to secure
benefits under those federal statutes.
2. Upon designation by the Governor, in addition to those provided
in subsection 1, the Department through the Bureau may perform functions
and services for the Federal Government relating to persons under a
physical or mental disability.
(Added to NRS by 1967, 830; A 1973, 1403; 1981, 1906)
1. The Bureau is authorized to comply with such requirements as
may be necessary to obtain federal funds in the maximum amount and most
advantageous proportion possible.
2. If federal funds are not available to the State for vocational
rehabilitation purposes, the Department shall include as a part of its
budget a request for adequate state funds for vocational rehabilitation
purposes.
(Added to NRS by 1967, 831; A 1973, 1404)
1. The State Treasurer is designated as custodian of all money
received from the Federal Government for carrying out the purposes of
this chapter or any agreements, arrangements or plans authorized thereby.
2. The State Treasurer shall make disbursements from that money
and from all state money available for the purposes of this chapter upon
certification by the designated official of the Bureau.
3. All money earned by the rehabilitation facilities of the Bureau
from contracts to provide work to train handicapped persons must be
deposited in the Account for Rehabilitation Facilities in the State
General Fund.
4. The interest and income earned on the money in the Account,
after deducting any applicable charges, must be credited to the Account.
(Added to NRS by 1967, 831; A 1973, 1404; 1985, 42)
1. There is hereby created the Rehabilitation Division Revolving
Account in an amount not to exceed $90,000. The money in the Revolving
Account may be used for the payment of claims of:
(a) Applicants for or recipients of services from:
(1) The Bureau of Vocational Rehabilitation, including,
without limitation, the rehabilitation facilities described in subsection
2 of NRS 615.200 ; and
(2) The Bureau of Services to the Blind and Visually
Impaired, including, without limitation, the vending stand program for
the blind authorized by NRS 426.630 to
426.720 , inclusive.
(b) Vendors providing services to those applicants or recipients
under procedures established by the Division.
2. The money in the Revolving Account must be deposited in a bank
or credit union qualified to receive deposits of public money. The bank
or credit union shall secure the deposit with a depository bond
satisfactory to the State Board of Examiners, unless it is otherwise
secured by the Federal Deposit Insurance Corporation, the National Credit
Union Share Insurance Fund or a private insurer approved pursuant to NRS
678.755 .
3. After expenditure of money from the Revolving Account, the
Administrator shall present a claim to the State Board of Examiners. When
approved by the State Board of Examiners, the State Controller shall draw
his warrant in the amount of the claim in favor of the Rehabilitation
Division Revolving Account, to be paid to the order of the Administrator,
and the State Treasurer shall pay it.
4. Money in the Rehabilitation Division Revolving Account does not
revert to the State General Fund at the end of the fiscal year, but
remains in the Revolving Account.
5. Purchases paid for from the Rehabilitation Division Revolving
Account for the purposes authorized by subsection 1 may be exempt from
the provisions of the State Purchasing Act at the discretion of the Chief
of the Purchasing Division of the Department of Administration or his
designated representative.
(Added to NRS by 1971, 1325; A 1973, 709, 1405, 1478; 1975, 257;
1979, 210; 1983, 404, 527; 1993, 1854; 1999, 1185 , 1523 ; 2001, 91 )
1. All gifts of money which the Bureau is authorized to accept
must be deposited in the State Treasury for credit to the Rehabilitation
Gift Account in the Department of Employment, Training and
Rehabilitation’s Gift Fund. The money may be invested and reinvested and
must be used in accordance with the conditions of the gift.
2. All claims must be approved by the Administrator before they
are paid.
(Added to NRS by 1967, 831; A 1973, 709, 1405; 1975, 203; 1977, 47;
1979, 625; 1981, 80; 1993, 1854; 2005, 116 )
The right of a handicapped individual
to maintenance under this chapter shall not be transferable or assignable
at law or in equity, and none of the moneys paid or payable or rights
existing under this chapter shall be subject to execution, levy,
attachment, garnishment or other legal process, or to the operation of
any bankruptcy or insolvency law.
(Added to NRS by 1967, 831)
1. Any person applying for or receiving vocational rehabilitation
who is aggrieved by any action or inaction of the Bureau or the
Administrator with respect to him is entitled, in accordance with
regulations, to a fair hearing before a hearing officer.
2. A person aggrieved by the decision of a hearing officer is
entitled to judicial review of the decision in the manner provided by
chapter 233B of NRS.
(Added to NRS by 1967, 831; A 1973, 1406; 1981, 97; 1989, 1657;
1991, 171; 1993, 1855; 1999, 872 )
It is unlawful, except
for purposes directly connected with the administration of the vocational
rehabilitation program or any other arrangements, agreements or plans
pursuant to this chapter, and in accordance with regulations of the
Bureau, for any person to solicit, disclose, receive or make use of, or
authorize, knowingly permit, participate in or acquiesce in the use of
any list of, or names of, or any information concerning, persons applying
for or receiving any services under this chapter, directly or indirectly
derived from the records, papers, files or communications of the Bureau,
or acquired in the course of the performance of its official duties.
(Added to NRS by 1967, 832; A 1973, 1406)
1. No officer or employee engaged in the administration of the
vocational rehabilitation program shall use his official authority to
influence or permit the use of the vocational rehabilitation program for
the purpose of interfering with an election or affecting the results
thereof or for any partisan political purpose. No such officer or
employee shall solicit or receive, nor shall any officer or employee be
obliged to contribute or render, any service, assistance, subscription,
assessment or contribution for any political purpose.
2. Any officer or employee violating the provisions of this
section shall be discharged.
(Added to NRS by 1967, 832)
