reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Equipment and Inventory › Section 426.360 - Causing or allowing placement of lien, claim or other encumbrance prohibited

Current through June 11, 2024
The operator or trainee shall not cause or allow a lien, a claim or any other encumbrance to be placed on his or her vending facility or any of its equipment, accessories, merchandise, supplies or other assets.
Bur. of Services to the Blind, § 63, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired by R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Employees; Daily Operation and Management › Section 426.365 - General responsibilities of operators and trainees

Current through June 11, 2024
Each operator or trainee shall, subject to the approval of the Administrator or his or her designee:
1. Employ and compensate such employees as are necessary for the effective and efficient operation of the vending facility.
2. Employ and compensate a relief operator to ensure the continuous operation of the vending facility during an absence of the operator or trainee.
3. To avoid unnecessary and excessive costs, limit the number of persons that the operator or trainee employs and their hours of employment and compensation. Compensation of these employees must not exceed the prevailing wage which is paid to employees who have similar duties in the geographic area of the vending facility.
4. Terminate the employment of any person whose continued employment is detrimental to the operation of the business.
5. Upon request, provide to the Bureau a written description of the duties of each employee.
6. Conduct his or her business in a manner that satisfies his or her customers.
7. Avoid any practices that are inconsistent with this section.
8. Except for supervision or management that the Bureau is required to provide, make all decisions concerning the management and daily operations of his or her vending facility.
9. Maintain a clean appearance and ensure that his or her employees maintain a clean appearance.
Bur. of Services to the Blind, § 41, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Employees; Daily Operation and Management › Section 426.370 - Responsibilities of Bureau regarding employment practices of operator

Current through June 11, 2024
The Bureau will:
1. Notify an operator of any employment practices of the operator which are detrimental to the operation of the business and which require prompt action by the operator; and
2. Require the termination of any employee if:
(a) The Bureau has received a request for removal of the employee from the public agency or private person who gave permission to establish and operate the vending facility; or
(b) The performance of the employee is detrimental to the operation of the vending facility and the operator has failed or refused to take appropriate action to correct the employee's performance.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Employees; Daily Operation and Management › Section 426.383 - Retirement income benefit for operators

Current through June 11, 2024
1. The Bureau will pay each licensed operator annually a retirement income benefit if:
(a) A majority of the Nevada Committee of Vendors Who Are Blind approves the payment;
(b) A majority of the licensed operators approves the payment; and
(c) The Bureau determines that money for the payment is available in the Business Enterprise Account for Persons Who Are Blind.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Employees; Daily Operation and Management › Section 426.387 - Reimbursement of operators for health care costs

Current through June 11, 2024
1. The Bureau will make available an amount of money annually for each operator of a vending facility for the purpose of reimbursing each operator for health care costs that are not paid by a third-party insurer if:
(a) A majority of the Nevada Committee of Vendors Who Are Blind approves the amount to be made available; and
(b) The Bureau determines that the amount of money that is approved annually is available in the Business Enterprise Account for Persons Who Are Blind.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Employees; Daily Operation and Management › Section 426.388 - Reimbursement of operators for purchase of life insurance policies

Current through June 11, 2024
1. The Bureau will make available not more than $1,000 annually for each operator of a vending facility to reimburse each operator for premiums that the operator paid for the purchase of a life insurance policy from an insurer licensed to do business in this State if:
(a) A majority of the Nevada Committee of Vendors Who Are Blind approves the amount to be made available; and
(b) The Legislature authorizes the expenditure of money for such a purpose.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Employees; Daily Operation and Management › Section 426.390 - Leave of absence of operator

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, an operator may take not more than 30 calendar days of vacation each calendar year. The operator shall notify the Bureau and provide assurance that the operation of the vending facility will continue under the guidance of a qualified relief operator. The operator may report the wages which he or she pays to the relief operator as a business expense.
2. The Administrator or the Administrator's designee may, if he or she determines that special circumstances exist, authorize additional leave of absence.
Bur. of Services to the Blind, §§ 76 & 77, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Employees; Daily Operation and Management › Section 426.395 - Active involvement of operator in operation of facility

Current through June 11, 2024
An operator must be actively involved in the operation of the vending facility as prescribed in the operating agreement for the vending facility.
Bur. of Services to the Blind, § 78, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Employees; Daily Operation and Management › Section 426.400 - Managerial services provided by Bureau; performance evaluations

Current through June 11, 2024
1. The Bureau will assist each operator in the efficient and effective management of each vending facility.
2. The Bureau will provide to each operator of a vending facility managerial services concerning marketing, merchandising, pricing, maintenance of records, preparing reports, supervising personnel and other business procedures.
3. The Bureau will:
(a) Evaluate the performance of each operator annually or more frequently if necessary and determine whether any further business training is necessary;
(b) Submit to the Administrator or his or her designee a report of the findings of each evaluation; and
(c) Include in each report recommendations for additional business training or other necessary actions.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.416 - Request for administrative review of complaint

Current through June 11, 2024
1. A person who is licensed to operate a vending facility may submit a written request to the Administrator or his or her designee for an administrative review of a complaint if the licensee:
(a) Has a legitimate grievance with any action of the Bureau in the operation or administration of the program for vending facilities; and
(b) Has not resolved the grievance through informal negotiations with an officer of the Bureau.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.420 - Time and location of administrative review

Current through June 11, 2024
The Administrator or his or her designee shall conduct an administrative review at a time and place which is reasonable for the parties. Unless otherwise scheduled to accommodate the licensee, the Administrator or the designee shall conduct an administrative review within 10 days after the Administrator or the designee receives a request for an administrative review.
Bur. of Services to the Blind, § 73, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.425 - Procedure for administrative review

Current through June 11, 2024
An administrative review must be:
1. Conducted informally without attorneys or witnesses.
2. Based on the record available, except that the licensee may, upon his or her request, appear and present additional facts.
Bur. of Services to the Blind, § 74, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.430 - Issuance and delivery of written decision

Current through June 11, 2024
1. Not later than 15 days after an administrative review, the Administrator or his or her designee shall issue a written decision, including his or her findings of fact and conclusions of law concerning the complaint and any appropriate orders.
2. The Bureau will mail the written decision to the licensee by registered or certified mail, return receipt requested, or a representative of the Bureau may personally deliver the decision to the licensee and read it to the licensee. If the decision is personally delivered to the licensee, the licensee shall date and sign a copy of the decision as an acknowledgment of the receipt.
3. The Administrator or his or her designee shall mail a copy of the decision to each member of the Nevada Committee of Vendors Who Are Blind.
Bur. of Services to the Blind, § 75, eff. 10-14-82-NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.450 - Request for hearing after written decision

Current through June 11, 2024
1. Not later than 15 days after receipt of a written decision on a complaint, a licensee may submit a written request to the Administrator for a hearing on the complaint. The request must be mailed to the Administrator by certified or registered mail, return receipt requested.
2. The written request for a hearing must include a copy of the original complaint filed by the licensee.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.455 - Conduct of hearing by hearing officer; notice of time, date and place of hearing

Current through June 11, 2024
1. Not later than 30 days after the Administrator receives a written request for a hearing, a hearing officer appointed by the senior hearings officer of the Hearings Division of the Department of Administration shall conduct a hearing at a time and location that is reasonable for the parties. The hearing officer must have no personal involvement in the complaint.
2. Not less than 10 days before the date of the hearing, the Bureau will, in accordance with NRS 233B.121, provide to all parties notice of the time, date and place of the hearing.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.460 - Representation of licensee at hearing

Current through June 11, 2024
The licensee may be represented at the hearing by an attorney or another person designated by the licensee.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.465 - Rules of evidence

Current through June 11, 2024
The hearing officer is not bound by the technical rules of evidence. Decisions concerning the admissibility of evidence must be made in accordance with NRS 233B.123.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.470 - Rights of parties at hearing

Current through June 11, 2024
Each party must be granted the opportunity to present his or her case, examine and cross-examine witnesses, and rebut evidence.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.475 - Methods of resolution

Current through June 11, 2024
Unless otherwise provided by statute, a complaint may be resolved by arbitration, mutual agreement of the parties, settlement, consent decree or default of a party.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.480 - Final decision; appeal

Current through June 11, 2024
1. A final decision by a hearing officer on a complaint must be in writing or stated in the record. A final decision must include findings of fact and conclusions of law. Findings of fact must include a statement of the facts which support the findings.
2. Not more than 30 days after a final decision is made, a party may appeal the decision in accordance with the provisions of NAC 426.500.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.485 - Record of hearing

Current through June 11, 2024
The record of the hearing must include:
1. The transcript of the oral testimony provided at the hearing;
2. All pleadings and motions filed by the parties;
3. Any rulings made by the hearing officer, including rulings on offers of proof;
4. Evidence that was admitted;
5. Facts which were officially noticed by the hearing officer; and
6. Any other decision, opinion or report of the hearing officer.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.490 - Transcript of proceedings

Current through June 11, 2024
Upon request of a party, the Bureau will provide a transcript of the oral proceedings of the hearing. The Bureau may require payment of the cost incurred for providing the transcript.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY › Resolution of Grievances › Section 426.500 - Judicial review or arbitration of final decision

Current through June 11, 2024
1. A licensee or the Bureau may appeal the final decision of a hearing officer and request judicial review pursuant to NRS 233B.130 to 233B.150, inclusive.
2. A licensee may, in lieu of appealing the final decision of a hearing officer pursuant to NRS 233B.130 to 233B.150, inclusive, request arbitration pursuant to 34 C.F.R. §
										395.13 not later than 20 days after service of the final decision of the hearing officer.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R228-05, 5-4-2006
NRS 426.560, 426.670
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO PERSONS WHO ARE BLIND › Section 426.520 - Definitions

Current through June 11, 2024
As used in NAC to 426.575, inclusive, unless the context otherwise requires, the words and terms defined in NAC 426.525, 426.530 and 426.535 have the meanings ascribed to them in those sections.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R073-06, eff. 6-28-2006
NRS 426.560, 426.610
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO PERSONS WHO ARE BLIND › Section 426.525 - "Administrator" defined

Current through June 11, 2024
"Administrator" means the Administrator of the Division.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R073-06, eff. 6-28-2006
NRS 426.560, 426.610
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO PERSONS WHO ARE BLIND › Section 426.530 - "Bureau" defined

Current through June 11, 2024
"Bureau" has the meaning ascribed to it in NRS 426.045.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R073-06, eff. 6-28-2006
NRS 426.560, 426.610
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO PERSONS WHO ARE BLIND › Section 426.535 - "Division" defined

Current through June 11, 2024
"Division" has the meaning ascribed to it in NRS 426.071.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R073-06, eff. 6-28-2006
NRS 426.560, 426.610
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO PERSONS WHO ARE BLIND › Section 426.540 - Request for hearing; request for resolution by alternate means; informal discussions

Current through June 11, 2024
1. A person applying for or receiving services for persons who are blind who is aggrieved by a decision of the Bureau may, not later than 60 days after receiving notice of the decision of the Bureau, submit a written request to the Administrator or his or her designee for a hearing conducted pursuant to NRS 426.610. The Administrator or the designee may, upon good cause shown, allow a person to file a request for a hearing more than 60 days after receiving notice of the decision.
2. In addition to, or in lieu of, submitting a request for a hearing pursuant to subsection 1, a person who is aggrieved by a decision of the Bureau may, not later than 30 days after receiving notice of the decision of the Bureau, submit a written request to the Administrator or his or her designee to resolve the dispute by using alternate means of dispute resolution in accordance with the Client Assistance Program as specified in 29 U.S.C. §
									732(g)(3)(A) or by mediation pursuant to 29 U.S.C. §
									722(c).
3. The provisions of this section do not prohibit a person applying for or receiving services for persons who are blind who is aggrieved by a decision of the Bureau from engaging in informal discussions with the Administrator or his or her designee concerning the dispute or reaching a settlement of the dispute.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R073-06, eff. 6-28-2006
NRS 426.560, 426.610
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO PERSONS WHO ARE BLIND › Section 426.545 - Assignment of and conduct of hearing by hearing officer; continuance of hearing

Current through June 11, 2024
1. The Administrator or his or her designee shall, after receiving a request for a hearing pursuant to subsection 1 of NAC 426.540, immediately submit the request to the Hearings Division of the Department of Administration for assignment of a hearing officer.
2. The hearing officer shall, not later than 60 days after the Administrator or his or her designee receives a request for a hearing pursuant to subsection 1 of NAC 426.540, conduct a hearing at a time and place that is acceptable to the parties.
3. With the approval of the hearing officer, the parties may agree in writing to continue the hearing.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R073-06, eff. 6-28-2006
NRS 426.560, 426.610
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO PERSONS WHO ARE BLIND › Section 426.550 - Submission of statements by parties before hearing

Current through June 11, 2024
The hearing officer may require each party to submit, at least 5 days before the hearing, a statement that includes:
1. The facts of the dispute;
2. The issues of law presented in the dispute;
3. A list of the names of the witnesses who may testify at the hearing; and
4. A list of exhibits that the party intends to use at the hearing.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R073-06, eff. 6-28-2006
NRS 426.560, 426.610
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO PERSONS WHO ARE BLIND › Section 426.555 - Representation of aggrieved party at hearing

Current through June 11, 2024
The aggrieved party may be represented at the hearing by an attorney or any other person designated by the aggrieved party.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R073-06, eff. 6-28-2006
NRS 426.560, 426.610
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO PERSONS WHO ARE BLIND › Section 426.560 - Rules of evidence

Current through June 11, 2024
The hearing officer is not bound by the technical rules of evidence. Decisions concerning the admissibility of evidence must be made in accordance with the provisions of NRS 233B.123.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R073-06, eff. 6-28-2006
NRS 426.560, 426.610
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO PERSONS WHO ARE BLIND › Section 426.565 - Rights of parties at hearing; order of presentation

Current through June 11, 2024
Each party may present his or her case, examine and cross-examine witnesses, and rebut evidence. The aggrieved party shall present his or her case first, followed by the case of the Bureau, followed by such rebuttal evidence as the hearing officer may allow.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R073-06, eff. 6-28-2006
NRS 426.560, 426.610
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO PERSONS WHO ARE BLIND › Section 426.570 - Decision of hearing officer: Issuance; appeal

Current through June 11, 2024
1. Not later than 30 days after the hearing, the hearing officer shall issue a written decision in accordance with the requirements of chapter 233B of NRS.
2. The decision of the hearing officer is a final decision for the purposes of judicial review, and any appeal of the decision must be filed within the period established by paragraph (c) of subsection 2 of NRS 233B.130.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R073-06, eff. 6-28-2006
NRS 426.560, 426.610
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO PERSONS WHO ARE BLIND › Section 426.575 - Transcript of proceedings

Current through June 11, 2024
Upon the request of a party, the Bureau will provide a transcript of the oral proceedings of the hearing. The Bureau may require payment of the cost to provide the transcript.
Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R073-06, eff. 6-28-2006
NRS 426.560, 426.610
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › EXPEDITED SERVICE PERMITS › Section 426.600 - "Department" defined

Current through June 11, 2024
As used in NAC to 426.630, inclusive, "Department" means the Department of Motor Vehicles.
Added to NAC by Dep't of Motor Veh. by R160-01, eff. 2-12-2002
NRS 426.441
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › EXPEDITED SERVICE PERMITS › Section 426.610 - Renewal of permit

Current through June 11, 2024
1. The Department will, not less than 60 days before the expiration of an expedited service permit issued pursuant to NRS 426.441, mail a notice of renewal to the holder of the permit at his or her address on file with the Department.
2. The notice will include an application for renewal and will indicate whether the holder may renew the permit by mail. The Department will not allow the holder of a permit to renew the permit by mail if the most recent renewal of the permit was by mail.
3. If the holder wishes to renew the permit, the holder must submit to the Department:
(a) A completed application, including the certification of a licensed physician that the holder is a person with a permanent disability as defined in NRS 426.431; and
(b) The required fee for the issuance of the renewal of the permit.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › EXPEDITED SERVICE PERMITS › Section 426.620 - Duplicate permit

Current through June 11, 2024
1. The holder of an expedited service permit may apply to the Department for the issuance of a duplicate permit if:
(a) The permit is lost, stolen or destroyed; or
(b) The holder wishes to have a different photograph of himself or herself affixed to the permit or to change his or her address on the permit.
Nevada Administrative Code › Chapter 426 - Persons With Disabilities › EXPEDITED SERVICE PERMITS › Section 426.630 - Fees

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, the Department will charge the following fees for the issuance of an expedited service permit:
(a) For the issuance of a permit, a duplicate permit or the renewal of a permit to a person who is at least 65 years of age, a fee of $7.25.
(b) For the issuance of a permit, a duplicate permit or the renewal of a permit to a person who is less than 18 years of age, a fee of $6.25.
(c) For the issuance of a permit, a duplicate permit or the renewal of a permit to any other person, a fee of $12.25.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.010 - Definitions

Current through June 11, 2024
As used in NAC 427A.010 to
				427A.310, inclusive, unless the
				context otherwise requires:
1.
			 "Advocate" includes a volunteer advocate appointed by the Ombudsman pursuant to
			 NRS
			 427A.127.
2. "Attorney for the Rights of Older Persons
			 and Persons with a Physical Disability, an Intellectual Disability or a Related
			 Condition" means the person appointed pursuant to
			 NRS
			 427A.1232.
3. "Complainant" means a recipient who files
			 a complaint pursuant to
			 NRS
			 427A.125 to
			 427A.165, inclusive,
			 or a person who files a complaint on behalf of a recipient. The term includes a
			 person claiming retaliation for having filed a complaint, a person who provides
			 information regarding a complaint, and an advocate or the representative of an
			 advocate.
4. "Hearing officer"
			 means the Attorney for the Rights of Older Persons and Persons with a Physical
			 Disability, an Intellectual Disability or a Related Condition or a person
			 designated by him or her.
5.
			 "Person" means a natural person, partnership, association, corporation or other
			 public or private entity.
6.
			 "Respondent" means a person against whom a complaint has been filed.
Added to NAC by Aging
				Services Div., eff. 6-19-90; A by R163-06, 9-18-2007; A by Aging &
				Disability Services Div. by R017-10, 7-22-2010; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.135,
				427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.012 - "Family council" interpreted

Current through June 11, 2024
For the purposes of
				NRS
				427A.125, the Administrator will interpret
				the term "family council" to mean a group of family members of recipients of
				the services of a facility for long-term care, day care center, facility for
				long-term rehabilitation or facility maintained by a provider of living
				arrangement services that is formed to discuss concerns about the facility or
				center, communicate those concerns to the staff of the facility or center and
				cooperate with the staff in developing solutions to the
				concerns.
Added to NAC by Aging
				& Disability Services Div. by R017-10, eff. 7-22-2010; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.125
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.014 - "Notify" interpreted

Current through June 11, 2024
For the purposes of
				NRS
				427A.155, the Administrator will interpret
				the term "notify" to include verbal notification.
Added to NAC by Aging
				& Disability Services Div. by R017-10, eff.
				7-22-2010
NRS
				  427A.070
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.016 - "Person or persons designated as responsible for decisions regarding the resident" interpreted

Current through June 11, 2024
For the purposes of
				NRS
				427A.145, the Administrator will interpret
				the phrase "person or persons designated as responsible for decisions regarding
				the recipient" to mean a person or persons designated by a recipient as able to
				receive information about the recipient and make decisions on the recipient's
				behalf, including, without limitation, such a person who is a member of the
				recipient's family or the recipient's attorney-in-fact.
Added to NAC by Aging
				& Disability Services Div. by R017-10, eff. 7-22-2010; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.145
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.018 - "Resident council" interpreted

Current through June 11, 2024
For the purposes of
				NRS
				427A.125, the Administrator will interpret
				the term "recipient council" to mean a group of recipients of the services of a
				facility for long-term care , day care center, facility for long-term
				rehabilitation or facility maintained by a provider of living arrangement
				services that is formed to discuss concerns about the facility or center,
				communicate those concerns to the staff of the facility or center and cooperate
				with the staff in developing solutions to the concerns.
Added to NAC by Aging
				& Disability Services Div. by R017-10, eff. 7-22-2010; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.125
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.020 - Scope and construction

Current through June 11, 2024
The provisions of NAC 427A.010 to 427A.310, inclusive:
1. Govern all practice and procedure for a
			 hearing held pursuant to
			 NRS
			 427A.135 or
			 427A.138;
			 and
2. Must be liberally construed
			 to secure a just, speedy and economical determination of all issues presented
			 to the hearing officer.
Added to NAC by Aging
				Services Div., eff. 6-19-90; A 9-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.030 - Severability

Current through June 11, 2024
Each provision of NAC 427A.010 to 427A.310, inclusive, is
				hereby declared to be severable and the invalidity of any provision does not
				affect the validity of any other provision.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.040 - Deviation from requirements

Current through June 11, 2024
In special cases, upon a showing of good cause, the hearing
				officer may permit deviation from the requirements set forth in NAC 427A.010 to
				427A.310, inclusive, if compliance is impractical or unnecessary.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.042 - Training of advocates

Current through June 11, 2024
The training of advocates provided by the Ombudsman pursuant to
				NRS
				427A.125 will include, without
				limitation:
1. A minimum of 40 hours
			 of initial training which is based on standards of the Administration on Aging
			 of the United States Department of Health and Human Services and which
			 includes, without limitation:
(a) An
			 introduction to the Ombudsman Program administered by the Administration on
			 Aging, including the history of that program and related state programs and the
			 role and responsibilities of ombudsmen; and
(b) Instruction concerning:
(1) Federal, state and local law and policies
			 with respect to the program established in this State by the Ombudsman to
			 assist recipients of the services of facilities for long-term care, day care
			 centers, facilities for long-term rehabilitation or facilities maintained by
			 providers of living arrangement services and with respect to such facilities or
			 centers in this State, including laws and policies concerning confidentiality
			 and consent;
(2) Ethics, advocacy
			 and problem solving with respect to the program established in this State;
			 and
(3) Investigative techniques,
			 periodic visits to such facilities or centers and techniques for resolving
			 complaints with respect to the program established in this State; and
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.044 - Forming and activities of residents' councils and family councils

Current through June 11, 2024
The Ombudsman or an advocate may assist in the forming and
				activities of the recipients' councils and family councils in any facility for
				long-term care, day care center, facility for long-term rehabilitation or
				facility maintained by a provider of living arrangement
				services.
Added to NAC by Aging
				& Disability Services Div. by R017-10, eff. 7-22-2010; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.125
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.046 - Visits to facilities by volunteer advocates

Current through June 11, 2024
1. A
			 volunteer advocate may enter any facility for long-term care, day care center,
			 facility for long-term rehabilitation or facility maintained by a provider of
			 living arrangement services and any area within the facility or center at
			 reasonable times with or without prior notice. Upon arrival at the facility or
			 center, the volunteer advocate shall make his or her presence known to the
			 staff of the facility or center and shall present appropriate
			 identification.
2. A volunteer
			 advocate who visits a long-term care facility, day care center, facility for
			 long-term rehabilitation or facility maintained by a provider of living
			 arrangement services shall:
(a) Meet with
			 recipients of the facility or center and the staff of the facility or center
			 during the visit; and
(b) Report to
			 the Ombudsman or a designee of the Ombudsman concerning the visit.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.048 - Posting of notice regarding Ombudsman and advocate and procedure for making complaint

Current through June 11, 2024
1. Each facility
			 for long-term care, day care center, facility for long-term rehabilitation or
			 facility maintained by a provider of living arrangement services shall post a
			 notice which describes the purpose of the Ombudsman and an advocate and sets
			 forth the procedure for making a complaint to the Ombudsman or an advocate if a
			 recipient's rights have been violated.
2. The notice described in subsection 1:
(a) Must be posted in accessible locations
			 throughout the facility for long-term care, day care center, facility for
			 long-term rehabilitation or facility maintained by a provider of living
			 arrangement services; and
(b) Must
			 include, without limitation:
(1) The name of
			 the program established in this State by the Ombudsman to assist recipients of
			 the services of such facilities or centers; and
(2) The address and telephone number of each
			 office of the Aging and Disability Services Division in this State.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.050 - Communications to hearing officer

Current through June 11, 2024
Formal written communications and documents must be addressed
				to the hearing officer and shall be deemed to be received officially only when
				delivered to the hearing officer.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.060 - Service of documents: Method

Current through June 11, 2024
Notices, findings of fact, opinions and decisions of the
				hearing officer, and any document filed by a party, may be served by mail.
				Service shall be deemed to be complete when a true copy of the document,
				properly addressed and with postage paid, is deposited with the United States
				Postal Service.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.070 - Service of documents: Proof

Current through June 11, 2024
Each document which is required to be served must contain an
				acknowledgment of service or certificate of mailing.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.080 - Computation of time

Current through June 11, 2024
The time within which any act required by NAC 427A.010 to
				427A.310, inclusive, must be accomplished is computed by excluding the first
				day and including the last day unless the last day is a Saturday, Sunday or
				legal holiday, in which case the next business day is the last day of the time
				limit.
Added to NAC by Aging
				Services Div., eff. 6-19-90; A by R163-06,
				9-18-2007
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.090 - Pleadings: Designation; execution

Current through June 11, 2024
Each pleading must be:
1. Designated as a complaint, answer or
			 motion; and
2. Signed by the party
			 submitting it.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.100 - Pleadings: Filing; availability

Current through June 11, 2024
1. An original and
			 two legible copies of each pleading must be filed with the hearing officer in
			 all matters before him or her.
2.
			 The hearing officer may direct that the party who filed a pleading make copies
			 of it available to any other person who has requested copies, if the hearing
			 officer first determines that the person making the request may be affected by
			 the proceeding.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.110 - Pleadings: Amendment; construction

Current through June 11, 2024
The hearing officer may allow any pleading to be amended or
				corrected or any omission to be supplied. Pleadings must be liberally construed
				and defects which do not affect a substantial right of a party must be
				disregarded.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.120 - Complaints: Appointment of investigator; form, contents and filing; notice

Current through June 11, 2024
1. The Administrator of the Aging and
			 Disability Services Division of the Department of Health and Human Services
			 shall appoint an investigator to investigate each complaint concerning an
			 alleged violation of
			 NRS
			 427A.135 or
			 427A.138.
2. The complaint must be in writing and
			 signed and verified by the complainant, and two copies must be filed with the
			 Attorney for the Rights of Older Persons and Persons with a Physical
			 Disability, an Intellectual Disability or a Related Condition within 1 year
			 after the act complained of was committed.
3. A complaint must be stated with sufficient
			 particularity to enable the respondent to prepare a defense.
4. If, from the complaint, it appears that
			 the charges may be well founded, the Attorney for the Rights of Older Persons
			 and Persons with a Physical Disability, an Intellectual Disability or a Related
			 Condition shall send written notice to the person charged by certified mail at
			 least 20 days before the date set for the hearing. The notice must set forth
			 the charges and the date of the hearing.
Added to NAC by Aging
				Services Div., eff. 6-19-90; A 9-19-90; R163-06, 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.135,
				427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.125 - Ombudsman or advocate may advocate for and assist resident during discharging process

Current through June 11, 2024
In attempting to resolve a complaint made by or on behalf of a
				recipient of the services of a facility for long-term care, day care center,
				facility for long-term rehabilitation or facility maintained by a provider of
				living arrangement services, the Ombudsman or an advocate, upon request, may
				advocate for and assist a recipient or a member of a recipient's family during
				the process of discharging the recipient from such a facility or center,
				including, without limitation, any appeal from a notice of discharge given to
				the recipient.
Added to NAC by Aging
				& Disability Services Div. by R017-10, eff. 7-22-2010; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.130 - Answers to complaints

Current through June 11, 2024
1. A respondent has
			 10 days after being served a complaint in which to file his or her answer with
			 the hearing officer.
2. Matters
			 alleged by way of an affirmative defense must be separately stated and
			 numbered.
3. If the respondent
			 fails to answer within 10 days, the respondent shall be deemed to have denied
			 generally the allegations of the complaint, and except with the consent of all
			 opposing parties and the hearing officer, he or she may not raise any
			 affirmative defense at the hearing.
4. If no answer is filed, the hearing will
			 proceed solely upon the issues set forth in the complaint, unless the hearing
			 is continued to a future date by order of the hearing officer.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.140 - Hearings: Presiding officer; location; notice

Current through June 11, 2024
1. A
			 hearing held pursuant to
			 NRS
			 427A.135 or
			 427A.138
			 must be held before the hearing officer.
2. Notice of the place, date and hour of a
			 hearing must be served at least 20 days before the date set for the
			 hearing.
3. A hearing which has
			 previously been continued may be rescheduled with at least 10 days'
			 notice.
4. Each hearing must be
			 held at a place in the State designated by the hearing officer in the notice of
			 hearing.
Added to NAC by Aging
				Services Div., eff. 6-19-90; A 9-19-90; R163-06,
				9-18-2007
NRS
				  427A.070,
				  427A.135,
				  427A.138