Assembly Bill No. 203–Committee on Commerce and Labor

(On Behalf of Department of Employment,
Training and Rehabilitation)

February 11, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Specifies duties of administrator of rehabilitation division of department of employment, training and rehabilitation. (BDR 18-765)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the rehabilitation division of the department of employment, training and rehabilitation; specifying the duties of the administrator of the rehabilitation division; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 232 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 The director shall appoint an administrator of the rehabilitation

1-4 division of the department. The administrator:

1-5 1. Is in the unclassified service of the state unless federal law or

1-6 regulation requires otherwise, and serves at the pleasure of the director.

1-7 2. Shall administer the provisions of law set forth in subsection 4,

1-8 subject to the administrative supervision of the director.

1-9 3. Except as otherwise provided in NRS 284.143, shall devote his

1-10 entire time and attention to the business of his office and shall not pursue

1-11 any other business or occupation or hold any other office of profit.

1-12 4. Is responsible for the administration, through the bureaus of the

1-13 rehabilitation division, of the provisions of NRS 232.940 and 232.950

1-14 and this section, NRS 426.520 to 426.610, inclusive, 458.010 to 458.360,

1-15 inclusive, and chapters 426A and 615 of NRS and all other provisions of

1-16 law relating to the functions of the rehabilitation division and its

2-1 bureaus, but is not responsible for the professional line activities of the

2-2 bureaus except as otherwise provided by specific statute.

2-3 5. Is responsible for the preparation of a consolidated state plan for

2-4 the bureau of services to the blind and visually impaired, the bureau of

2-5 vocational rehabilitation and any other program administered by the

2-6 rehabilitation division that he considers appropriate to incorporate into

2-7 the consolidated state plan before submission to the Federal Government.

2-8 This subsection does not apply if any federal regulation exists that

2-9 prohibits a consolidated plan.

2-10 6. In developing and revising state plans pursuant to subsection 5,

2-11 shall consider, without limitation:

2-12 (a) The amount of money available from the Federal Government for

2-13 the programs of the rehabilitation division;

2-14 (b) The conditions attached to the acceptance of that money; and

2-15 (c) The limitations of legislative appropriations for the programs.

2-16 7. May employ, within the limits of legislative appropriations, such

2-17 staff as is necessary to the performance of the duties of the rehabilitation

2-18 division.

2-19 Sec. 2. NRS 232.900 is hereby amended to read as follows:

2-20 232.900 As used in NRS 232.900 to 232.960, inclusive, and section 1

2-21 of this act, unless the context otherwise requires:

2-22 1. "Department" means the department of employment, training and

2-23 rehabilitation.

2-24 2. "Director" means the director of the department.

2-25 Sec. 3. NRS 232.920 is hereby amended to read as follows:

2-26 232.920 The director:

2-27 1. Shall:

2-28 (a) Organize the department into divisions and other operating units as

2-29 needed to achieve the purposes of the department;

2-30 (b) Upon request, provide the director of the department of

2-31 administration with a list of organizations and agencies in this state whose

2-32 primary purpose is the training and employment of handicapped persons;

2-33 and

2-34 (c) Except as otherwise provided by a specific statute, direct the

2-35 divisions to share information in their records with agencies of local

2-36 governments which are responsible for the collection of debts or

2-37 obligations if the confidentiality of the information is otherwise maintained

2-38 under the terms and conditions required by law.

2-39 2. Is responsible for the administration, through the divisions of the

2-40 department, of the provisions of NRS 458.010 to 458.360, inclusive,

2-41 chapters 426, 426A, 612 and 615 of NRS, and all other provisions of law

3-1 relating to the functions of the department and its divisions, but is not

3-2 responsible for the professional line activities of the divisions or other

3-3 operating units except as [specifically] otherwise provided by [law.

3-4 3. Is responsible for the preparation of a consolidated state plan for the

3-5 bureau of services to the blind and visually impaired, the bureau of

3-6 vocational rehabilitation and any other program administered by the

3-7 rehabilitation division which he considers appropriate to incorporate into

3-8 the consolidated state plan before submission to the Federal Government.

3-9 This subsection does not apply if any federal regulation exists which

3-10 prohibits a consolidated plan.

3-11 4. In developing and revising state plans pursuant to subsection 3,

3-12 shall consider, among other things, the amount of money available from

3-13 the Federal Government for the programs of the division and the

3-14 conditions attached to the acceptance of that money, and the limitations of

3-15 legislative appropriations for the programs.

3-16 5.] specific statute.

3-17 3. May employ, within the limits of legislative appropriations, such

3-18 staff as is necessary to the performance of the duties of the department.

3-19 Sec. 4. NRS 232.950 is hereby amended to read as follows:

3-20 232.950 1. The [director] administrator shall appoint , with the

3-21 consent of the director, a head of each bureau in the division, to be known

3-22 as the chief of his respective bureau.

3-23 2. The chief of each bureau:

3-24 (a) Is in the unclassified service of the state unless federal law or

3-25 regulation requires otherwise.

3-26 (b) Shall administer the provisions of law relating to his bureau, subject

3-27 to the administrative supervision of the [director.] administrator.

3-28 (c) Is directly responsible to the [director.] administrator.

3-29 3. Subject to the approval of the [director,] administrator, the chief of

3-30 each bureau may employ, within the limits of legislative appropriations,

3-31 such staff as is necessary to the performance of his duties.

3-32 Sec. 5. NRS 426A.060 is hereby amended to read as follows:

3-33 426A.060 1. The advisory committee on traumatic brain injuries,

3-34 consisting of 11 members, is hereby created.

3-35 2. The [director] administrator shall appoint to the committee:

3-36 (a) One member who is an employee of the rehabilitation division of the

3-37 department.

3-38 (b) One member who is an employee of the welfare division of the

3-39 department of human resources and participates in the administration of

3-40 the state program providing Medicaid.

3-41 (c) One member who is a licensed insurer in this state.

3-42 (d) One member who represents the interests of educators in this state.

4-1 (e) One member who is a person professionally qualified in the field of

4-2 psychiatric mental health.

4-3 (f) Two members who are employees of private providers of

4-4 rehabilitative health care located in this state.

4-5 (g) One member who represents persons who operate community-based

4-6 programs for head injuries in this state.

4-7 (h) One member who represents hospitals in this state.

4-8 (i) Two members who represent the recipients of health care in this

4-9 state.

4-10 3. After the initial appointments, each member of the committee serves

4-11 a term of 3 years.

4-12 4. The committee shall elect one of its members to serve as chairman.

4-13 5. Members of the committee serve without compensation and are not

4-14 entitled to receive the per diem allowance or travel expenses provided for

4-15 state officers and employees generally.

4-16 6. The committee may:

4-17 (a) Make recommendations to the [director] administrator relating to

4-18 the establishment and operation of any program for persons with traumatic

4-19 brain injuries.

4-20 (b) Make recommendations to the [director] administrator concerning

4-21 proposed legislation relating to traumatic brain injuries.

4-22 (c) Collect information relating to traumatic brain injuries.

4-23 7. The committee shall prepare a report of its activities and

4-24 recommendations each year and submit a copy to the:

4-25 (a) Director [;] of the department;

4-26 (b) Administrator;

4-27 (c) Legislative committee on health care; and

4-28 [(c)] (d) Legislative commission.

4-29 8. As used in this section:

4-30 (a) ["Director"] "Administrator" means the [director] administrator of

4-31 the rehabilitation division of the department.

4-32 (b) "Person professionally qualified in the field of psychiatric mental

4-33 health" has the meaning ascribed to it in NRS 433.209.

4-34 (c) "Provider of health care" has the meaning ascribed to it in NRS

4-35 629.031.

4-36 Sec. 6. NRS 458.043 is hereby amended to read as follows:

4-37 458.043 As executive head of the bureau, the chief shall:

4-38 1. Direct and supervise all administrative and technical activities as

4-39 provided by NRS 458.010 to 458.360, inclusive, subject to administrative

4-40 supervision by the [director.] administrator of the rehabilitation division

4-41 of the department.

5-1 2. Subject to the approval of the [director,] administrator of the

5-2 rehabilitation division of the department, appoint such technical, clerical

5-3 and operational staff as the execution of his duties and the operation of the

5-4 bureau may require.

5-5 Sec. 7. Chapter 615 of NRS is hereby amended by adding thereto a

5-6 new section to read as follows:

5-7 "Administrator" means the administrator of the rehabilitation division

5-8 of the department.

5-9 Sec. 8. NRS 615.020 is hereby amended to read as follows:

5-10 615.020 As used in this chapter the words and terms defined in NRS

5-11 615.031 to 615.140, inclusive, and section 7 of this act unless the context

5-12 otherwise requires, have the meanings ascribed to them in those sections.

5-13 Sec. 9. NRS 615.180 is hereby amended to read as follows:

5-14 615.180 1. The chief shall:

5-15 (a) Subject to the approval of the director, adopt rules and regulations

5-16 necessary to carry out the purposes of this chapter;

5-17 (b) Establish appropriate administrative units within the bureau;

5-18 (c) Subject to the approval of the [director,] administrator, appoint such

5-19 personnel as is necessary for the proper and efficient performance of the

5-20 functions of the bureau;

5-21 (d) Prescribe the duties of the personnel of the bureau;

5-22 (e) Prepare and submit to the governor, through the director, before

5-23 September 1 of each even-numbered year for the biennium ending June 30

5-24 of such year, reports of activities and expenditures and estimates of sums

5-25 required to carry out the purposes of this chapter;

5-26 (f) Make certification for the disbursement of money available for

5-27 carrying out the purposes of this chapter; and

5-28 (g) Take such other action as may be necessary or appropriate to

5-29 cooperate with public and private agencies and otherwise to carry out the

5-30 purposes of this chapter.

5-31 2. The chief may delegate to any officer or employee of the bureau

5-32 such of his powers and duties as he finds necessary to carry out the

5-33 purposes of this chapter.

5-34 Sec. 10. NRS 615.280 is hereby amended to read as follows:

5-35 615.280 1. Any person applying for or receiving vocational

5-36 rehabilitation who is aggrieved by any action or inaction of the bureau or

5-37 the [director] administrator with respect to him is entitled, in accordance

5-38 with regulations, to a fair hearing before a hearing officer.

5-39 2. A person aggrieved by the decision of a hearing officer is entitled to

5-40 judicial review of the decision in the manner provided by chapter 233B of

5-41 NRS.

6-1 Sec. 11. Notwithstanding the amendatory provisions of section 5 of

6-2 this act, the members of the advisory committee on traumatic brain injuries

6-3 appointed by the director of the department of employment, training and

6-4 rehabilitation pursuant to NRS 426A.060 before the effective date of this

6-5 act remain members of the advisory committee for the duration of the

6-6 respective terms to which they were appointed.

6-7 Sec. 12. This act becomes effective upon passage and approval.

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