CHAPTER 426 - PERSONS WITH DISABILITIES

[Rev. 12/12/2006 10:23:43 AM]

ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY

General Provisions

426.010 Definitions.

426.015 “Accessories” defined.

426.017 “Administrator” defined.

426.020 “Blind person” defined.

426.025 “Bureau” defined.

426.028 “Department” defined.

426.029 “Division” defined.

426.030 “Equipment” defined.

426.035 “Gross income” defined.

426.040 “Net proceeds” defined.

426.042 “Net profit” defined.

426.045 “Operating agreement” defined.

426.050 “Operator” defined.

426.054 “Trainee” defined.

426.055 “Vending facility” defined.

426.060 Purposes of NAC 426.010 to 426.500, inclusive.

426.065 Intention of Bureau to establish and expand vending facilities.

426.067 Operator or trainee deemed independent contractor.

426.070 Dissemination of copies of NAC 426.010 to 426.500, inclusive, to certain persons.

Nevada Committee of Blind Vendors

426.080 Creation; election and term of members; adoption and contents of bylaws; meetings.

426.085 Duties.

426.095 Confidentiality of information.

Training and Licensing of Operators

426.100 Application for assessment.

426.105 Qualifications for enrollment in training program.

426.110 Qualifications for license.

426.115 Reports required for issuance of license.

426.120 Duration of license.

426.123 Bureau may require certain persons to complete continuing education or training or to receive counseling or vocational rehabilitation.

426.135 Termination of license.

426.140 Grounds for suspension or revocation of license.

426.145 Procedure for suspension or revocation of license; procedure for suspension or termination of operating agreement.

Selection of Operators for Particular Vending Facilities

426.150 Application to operate particular vending facility: Qualifications; waiver.

426.155 Notice of availability of location for vending facility.

426.160 Advisory committee for selection of operators.

426.165 Disqualification from selection; interim operator.

General Requirements for Operation

426.180 Operating agreement: Purpose; tender of agreement; signature; termination or suspension.

426.185 Operating agreement: Required contents; modification.

426.194 Procurement and display of licenses and permits.

426.196 Requirements of insurance.

426.201 Liability for willful or negligent acts.

Financial Operation; Records and Reports

426.215 Provision of bond or other security to Bureau.

426.220 Security for payment of sales taxes, workers’ compensation, security deposits or other payments.

426.222 Payments must be drawn on business account; recordation of personal expenses.

426.223 Submission of report or payment to Bureau.

426.224 Failure to make timely payment or report: Assessment, notice, payment and waiver of penalty; termination of operating agreement.

426.225 Assignment of revenue and commissions from vending machines.

426.230 Money to be set aside from net proceeds; waiver or reduction of required amount.

426.235 Advancement of money by Bureau: Purposes; repayment.

426.245 Business Enterprise Account for the Blind: Accounting and use of money by Bureau.

426.250 Maintenance of books and records of account.

426.255 Submission of monthly report of business operations.

426.265 Records: Maintenance; availability to Bureau; audit; correction.

426.267 Biennial audits of certain facilities.

426.270 Business checking account: Establishment and maintenance; requirement of sufficient cash; effect of negative balance.

426.275 Business checking account: Deposit of income.

426.280 Business checking account: Payment of business expenses; reimbursement of expenses paid from personal money.

426.285 Ordinary and necessary expenses: Exclusions.

426.290 Payments for obligations.

Equipment and Inventory

426.300 Equipment: Provision, repair and replacement; restrictions on operator or trainee.

426.305 Equipment: Responsibility for daily maintenance; payment for repairs resulting from neglect or abuse.

426.315 Equipment: Limitation on use.

426.320 Equipment: Retention of title by Bureau; surrender of possession.

426.326 Acquisition of merchandise, accessories and supplies necessary to begin and continue operation; requirements for conducting physical inventory.

426.330 Acknowledgment of receipt of equipment, accessories and initial stock of merchandise; record of changes to items.

426.335 Goods and services: Specification and approval; preparation and dispensation.

426.345 Conduct of physical inventory under certain circumstances; negotiation of value of equipment, accessories and merchandise.

426.355 Reservation and exercise by Bureau of option to purchase; reimbursement of operator upon withdrawal from program.

426.357 Surrender of premises and assets by operator.

426.360 Causing or allowing placement of lien, claim or other encumbrance prohibited.

Employees; Daily Operation and Management

426.365 General responsibilities of operators and trainees.

426.370 Responsibilities of Bureau regarding employment practices of operator.

426.383 Retirement income benefit for operators.

426.387 Reimbursement of operators for health care costs.

426.390 Leave of absence of operator.

426.395 Active involvement of operator in operation of facility.

426.400 Managerial services provided by Bureau; performance evaluations.

Resolution of Grievances

426.416 Request for administrative review of complaint.

426.420 Time and location of administrative review.

426.425 Procedure for administrative review.

426.430 Issuance and delivery of written decision.

426.450 Request for hearing after written decision.

426.455 Conduct of hearing by hearing officer; notice of time, date and place of hearing.

426.460 Representation of licensee at hearing.

426.465 Rules of evidence.

426.470 Rights of parties at hearing.

426.475 Methods of resolution.

426.480 Final decision; appeal.

426.485 Record of hearing.

426.490 Transcript of proceedings.

426.500 Judicial review or arbitration of final decision.

RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO BLIND PERSONS

426.520 Definitions.

426.525 “Administrator” defined.

426.530 “Bureau” defined.

426.535 “Division” defined.

426.540 Request for hearing; request for resolution by alternate means; informal discussions.

426.545 Assignment of and conduct of hearing by hearing officer; continuance of hearing.

426.550 Submission of statements by parties before hearing.

426.555 Representation of aggrieved party at hearing.

426.560 Rules of evidence.

426.565 Rights of parties at hearing; order of presentation.

426.570 Decision of hearing officer: Issuance; appeal.

426.575 Transcript of proceedings.

EXPEDITED SERVICE PERMITS

426.600 “Department” defined.

426.610 Renewal of permit.

426.620 Duplicate permit.

426.630 Fees.

USE OF SIGNATURE STAMPS BY CERTAIN PERSONS WITH PHYSICAL DISABILITIES

426.650 “Signature stamp” defined.

426.655 Ownership of stamp required for use.

426.660 Photographic identification of person using stamp.

426.665 Liability for damages caused by use of stamp by person other than owner.

PROGRAM TO ENABLE PERSONS WITH PHYSICAL DISABILITIES TO LIVE IN UNSUPERVISED SETTING

426.675 Definitions.

426.680 “Chief” defined.

426.685 “Contractor” defined.

426.690 “Essential personal care” defined.

426.695 “Office” defined.

426.700 “Person with a physical disability” defined.

426.705 “Personal care attendant” defined.

426.710 “Recipient” defined.

426.715 “Review team” defined.

426.720 “Support services for independent living” defined.

426.725 Eligibility for financial assistance; provision of care by Office.

426.730 Order of priority for disbursement of financial assistance.

426.735 Scope of essential personal care.

426.740 Contracts for services: Duties of contractor and review team.

426.745 Monitoring and evaluation of contractors; submission by contractors of reports and proposed procedural changes.

426.750 Notification of contractor of changes in income or need for essential personal care of recipient.

426.755 Application for financial assistance; statement of need for care; notification and date of eligibility; notification of position on waiting list.

426.760 Appeal of decision of review team or contractor.

426.765 Determination of financial eligibility; determination of portion of cost to be paid by recipient; payment of costs by contractor.

426.770 Grounds for termination of care.

ESTABLISHMENT AND OPERATION OF VENDING FACILITIES ON PUBLIC PROPERTY

General Provisions

NAC 426.010 Definitions. (NRS 426.560, 426.670) As used in NAC 426.010 to 426.500, inclusive, unless the context otherwise requires, the words and terms defined in NAC 426.015 to 426.055, inclusive, have the meanings ascribed to them in those sections.

(Supplied in codification; A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006)

NAC 426.015 “Accessories” defined. (NRS 426.560, 426.670) “Accessories” means items which:

1. Are suitable for use in the operation of a vending facility;

2. Are portable or subject to breakage or loss; and

3. Have a purchase price of less than $100.

Ê The term includes, but is not limited to, pots, pans, cooking utensils, dishware, flatware, cutlery, glassware, hand trucks and display racks.

[Bur. of Services to the Blind, § 2 subsec. 1, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97)

NAC 426.017 “Administrator” defined. (NRS 426.560, 426.670) “Administrator” means the Administrator of the Division.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R091-00, eff. 9-25-2000)

NAC 426.020 “Blind person” defined. “Blind person” has the meaning ascribed to it in NRS 426.041.

[Bur. of Services to the Blind, § 2 subsec. 2, eff. 10-14-82]

NAC 426.025 “Bureau” defined. (NRS 426.560, 426.670) “Bureau” has the meaning ascribed to it in NRS 426.045.

[Bur. of Services to the Blind, § 2 subsec. 3, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97)

NAC 426.028 “Department” defined. (NRS 426.560, 426.670) “Department” has the meaning ascribed to it in NRS 426.061.

(Supplied in codification; A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97)

NAC 426.029 “Division” defined. (NRS 426.560, 426.670) “Division” has the meaning ascribed to it in NRS 426.071.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97)

NAC 426.030 “Equipment” defined. (NRS 426.560, 426.670) “Equipment” means items which have a purchase price of $100 or more and are approved by the Bureau as suitable for use in a vending facility. The term includes items which are owned by the Bureau or the operator.

[Bur. of Services to the Blind, § 2 subsec. 4, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97)

NAC 426.035 “Gross income” defined. (NRS 426.560, 426.670) “Gross income” means all income which is earned from the operation of a vending facility.

[Bur. of Services to the Blind, § 2 subsec. 5, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97)

NAC 426.040 “Net proceeds” defined. (NRS 426.560, 426.670) “Net proceeds” means the amount of money which remains of the gross income after an operator or trainee has deducted the ordinary and necessary expenses of his business, excluding the money which he is required to set aside pursuant to NAC 426.230.

[Bur. of Services to the Blind, § 2 subsec. 6, 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)

NAC 426.042 “Net profit” defined. (NRS 426.560, 426.670) “Net profit” means the amount of money which remains in the net proceeds after an operator or trainee deducts the money which he is required to set aside pursuant to NAC 426.230.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000; R228-05, 5-4-2006)

NAC 426.045 “Operating agreement” defined. (NRS 426.560, 426.670) “Operating agreement” means an agreement between the Bureau and a blind person who is licensed pursuant to the provisions of NAC 426.010 to 426.500, inclusive, which sets forth the terms and conditions for the operation of a vending facility.

[Bur. of Services to the Blind, § 2 subsec. 7, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97)

NAC 426.050 “Operator” defined. (NRS 426.560, 426.670) “Operator” has the meaning ascribed to it in subsection 1 of NRS 426.630.

[Bur. of Services to the Blind, § 2 subsec. 8, eff. 10-14-82]

NAC 426.054 “Trainee” defined. (NRS 426.560, 426.670) “Trainee” means a person who is enrolled in the training program for operators offered by the Bureau pursuant to NAC 426.105.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R228-05, eff. 5-4-2006)

NAC 426.055 “Vending facility” defined. (NRS 426.560, 426.670) “Vending facility” has the meaning ascribed to the term “vending stand” in subsection 3 of NRS 426.630.

[Bur. of Services to the Blind, § 2 subsec. 9, eff. 10-14-82]

NAC 426.060 Purposes of NAC 426.010 to 426.500, inclusive. (NRS 426.560, 426.670) The purposes of NAC 426.010 to 426.500, inclusive, are to establish standards and procedures for the administration of a comprehensive program which will provide to blind persons in this State opportunities to operate vending facilities as business enterprises and to provide to blind persons and other persons who are disabled opportunities for employment at vending facilities.

[Bur. of Services to the Blind, § 3, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97)

NAC 426.065 Intention of Bureau to establish and expand vending facilities. (NRS 426.560, 426.670) The Bureau intends, whenever feasible, to establish new vending facilities and to expand, remodel or refurnish existing facilities.

[Bur. of Services to the Blind, § 5, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97)

NAC 426.067 Operator or trainee deemed independent contractor. (NRS 426.560, 426.670) For the purposes of NAC 426.010 to 426.500, inclusive, an operator or trainee shall be deemed an independent contractor.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R228-05, 5-4-2006)

NAC 426.070 Dissemination of copies of NAC 426.010 to 426.500, inclusive, to certain persons. (NRS 426.560, 426.670) The Bureau will furnish a copy of NAC 426.010 to 426.500, inclusive, to each operator and trainee and to each person who is licensed to operate a vending facility in the medium of his choice.

[Bur. of Services to the Blind, § 4, 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)

Nevada Committee of Blind Vendors

NAC 426.080 Creation; election and term of members; adoption and contents of bylaws; meetings. (NRS 426.560, 426.670)

1. The Nevada Committee of Blind Vendors is hereby created. The Committee consists of operators who are in good standing with the Bureau and are elected in the manner prescribed in the bylaws of the Committee.

2. The operators in this State shall adopt bylaws to govern the Committee. The adoption must be by a majority of the operators who are present at the meeting to adopt the bylaws and vote upon the adoption. The bylaws are not effective until they are approved by the Administrator or his designee. The bylaws must prescribe:

(a) The number of members on the Committee;

(b) The method of electing the members;

(d) Other matters essential to the proper functioning of the Committee; and

(e) The procedure for the annual meeting of the Committee.

3. The members of the Committee are elected each even-numbered year by all the operators who are present at the meeting to elect members and vote upon the election of members. The members serve a term of 2 years, and until their successors have been elected and the Bureau determines that they are qualified to serve.

4. The Committee shall:

(a) Hold a meeting annually or more frequently, if necessary.

(b) Comply with the provisions of chapter 241 of NRS.

[Bur. of Services to the Blind, § 68, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006)

NAC 426.085 Duties. (NRS 426.560, 426.670) The Nevada Committee of Blind Vendors shall:

1. Participate with the Bureau in the development of policy and make recommendations on issues which affect the program for vending facilities administered by the Bureau;

2. Receive grievances from operators and assist the operators in the presentation of those grievances to the Bureau;

3. Participate with the Bureau in a program which is designed to transfer and promote operators;

4. Participate in the development of training programs for operators and trainees;

5. Sponsor meetings to provide useful information to operators and trainees; and

6. Make recommendations to the Bureau concerning disciplinary actions against operators.

[Bur. of Services to the Blind, § 69, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006)

NAC 426.095 Confidentiality of information. (NRS 426.560, 426.670) Information about a person which is furnished to the members of the Nevada Committee of Blind Vendors to enable them to carry out their official responsibilities may be used only for that purpose. The members shall not disclose such information without the informed written consent of the person about whom the information is concerned.

[Bur. of Services to the Blind, § 6, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97)

Training and Licensing of Operators

NAC 426.100 Application for assessment. (NRS 426.560, 426.670) A blind person may apply to the Bureau for an assessment of his ability to operate a vending facility if:

1. He is a client of the Bureau; and

2. The Bureau has determined he is eligible for vocational rehabilitation services.

[Bur. of Services to the Blind, § 8, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000)

NAC 426.105 Qualifications for enrollment in training program. (NRS 426.560, 426.670) A blind person may be enrolled in the training program for operators offered by the Bureau if the Administrator or his designee determines that the person:

1. Meets the requirements of age and citizenship for a license to operate a vending facility;

2. Is physically and emotionally qualified to operate a vending facility, based upon evaluations of the medical, psychological and vocational condition of the person which are on file with the Bureau or submitted to the Bureau for purposes of the assessment;

3. Possesses the skills in communications, mathematics, mobility, personal grooming and independent living which are necessary for the performance of the duties and responsibilities of an operator;

4. Possesses the ability for self-employment;

5. Possesses the ability to maintain good relations with customers, the Bureau and the agency which controls the premises where the vending facility is located;

6. Would benefit from and complete the program; and

7. Upon completion of the program, would be qualified to operate a vending facility.

[Bur. of Services to the Blind, § 9, 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)

NAC 426.110 Qualifications for license. (NRS 426.560, 426.670) To be eligible for a license to operate a vending facility, a blind person must:

1. Be a citizen of the United States;

2. Be 18 years of age or older; and

3. Have successfully completed the Bureau’s requirements for training.

[Bur. of Services to the Blind, § 10, eff. 10-14-82]

NAC 426.115 Reports required for issuance of license. (NRS 426.560, 426.670) The Bureau may issue to a blind person a license to operate a vending facility if the following documents have been submitted to the Bureau by or on behalf of the blind person:

1. A report of an ophthalmological or optometric examination which establishes that the person is legally blind. The report must have been obtained within 1 year before the proposed date for issuance of the license or must confirm the existence of permanent legal blindness regardless of the date of the report.

2. A report of a general medical examination which establishes that the person is physically capable of performing the duties required of an operator. The report must have been obtained within 1 year before the proposed date for issuance of the license.

3. A report of a psychological examination which establishes that the person is mentally and emotionally capable of performing the duties required of an operator. The report must have been obtained within 1 year before the proposed date for issuance of the license.

4. A report which establishes that the person is capable with regard to spatial orientation and mobility.

5. Proof of citizenship in the United States by submission of a birth certificate or certificate of naturalization.

6. A certificate by an authorized employee of the Bureau that the person has successfully completed the training required by the Bureau. Copies of the applicant’s reports of progress which were issued during such training must be attached to the certificate.

[Bur. of Services to the Blind, § 11, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000)

NAC 426.120 Duration of license. (NRS 426.560, 426.670) A license to operate a vending facility is effective for an indefinite period, unless the license is terminated, suspended or revoked.

[Bur. of Services to the Blind, § 12, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97)

NAC 426.123 Bureau may require certain persons to complete continuing education or training or to receive counseling or vocational rehabilitation. (NRS 426.560, 426.670)

1. The Bureau may require a person who is licensed to operate a vending facility and who has not operated a vending facility within the previous year to complete a course of continuing education or training, or to receive counseling or vocational rehabilitation, as prescribed by the Bureau.

2. If the Bureau determines that an operator is not properly operating or managing his vending facility, the Bureau may require the operator to complete a course of continuing education or training, or to receive counseling or vocational rehabilitation, as prescribed by the Bureau.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97)

NAC 426.135 Termination of license. (NRS 426.560, 426.670)

1. A license to operate a vending facility automatically terminates if the licensee:

(a) Ceases to be a citizen of the United States;

(b) Ceases to be a blind person; or

2. If a licensee submits his resignation as an operator to the Bureau, his license terminates on the date established by the Administrator or his designee.

[Bur. of Services to the Blind, § 13, 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)

NAC 426.140 Grounds for suspension or revocation of license. (NRS 426.560, 426.670)

1. Each of the following acts by an operator constitutes a ground for suspension or revocation of his license:

(a) Abandonment of a vending facility. A vending facility shall be deemed to be abandoned if the operator has been absent from the vending facility without the authorization of the Bureau and the facility has been closed for 3 consecutive working days or more.

(b) Failure to operate a vending facility in accordance with:

(1) Any applicable law or regulation;

(2) The operating agreement; or

(3) The permit given by the public agency or private person who has control of the premises where the vending facility is located.

(d) Misconduct, including, without limitation:

(1) Fraud, misappropriation or conversion.

(2) Use of alcoholic beverages or illicit drugs while on duty.

(3) Embezzlement.

(4) Submission of a false report to the Bureau.

(5) Failure to submit to a medical, psychological, ophthalmological or other examination when requested to do so by the Bureau. The Bureau will pay for the cost of such an examination.

(6) Other behavior that seriously jeopardizes the operation of the vending facility.

(e) Failure to pay obligations incurred in the operation of the vending facility when payments on those obligations are due.

(f) Failure to pay to the Bureau when due the money that he is required to pay pursuant to NAC 426.230 or 426.235.

(g) Failure to obtain the insurance required by the operating agreement, or to pay the insurance premiums when they become due.

(h) Failure to be actively involved in the operation of the vending facility pursuant to NAC 426.395.

(i) Failure to maintain the records of the business operations of the vending facility that he is required to maintain pursuant to NAC 426.250.

(j) Refusal to permit the inspection, review or audit of the records of the business operations of the vending facility by authorized representatives of the Bureau.

(k) Failure or refusal to comply with the requirements of continuing education or training, or to receive counseling or vocational rehabilitation pursuant to NAC 426.123.

2. The Administrator or his designee may suspend or revoke the license of an operator if the Administrator or his designee determines that the operator does not possess the personal attributes which were required for his enrollment in the training program for operators offered by the Bureau.

[Bur. of Services to the Blind, § 15, 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)

NAC 426.145 Procedure for suspension or revocation of license; procedure for suspension or termination of operating agreement. (NRS 426.560, 426.670) If the Bureau determines that the conduct of an operator requires suspension or revocation of his license, or the suspension or termination of his operating agreement before the expiration of the period specified in the agreement, the Bureau will provide to the operator an opportunity to present evidence to the Bureau which tends to show that he is in compliance with all requirements for retention of his license or operating agreement through the process for review of administrative complaints set forth in NAC 426.416 to 426.475, inclusive. The Bureau will provide to the operator notice of that opportunity and will set forth in the notice the grounds for the suspension or revocation of his license, or the suspension or termination of his operating agreement.

[Bur. of Services to the Blind, § 14, 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)

Selection of Operators for Particular Vending Facilities

NAC 426.150 Application to operate particular vending facility: Qualifications; waiver. (NRS 426.560, 426.670)

1. Except as otherwise provided in subsection 2, a blind person who is licensed to operate a vending facility may apply to operate a particular vending facility.

2. Except as otherwise provided in subsection 3, a blind person who is licensed to operate a vending facility may not apply to operate a particular vending facility if:

(a) He has managed or operated a facility for less than 6 months; or

(b) He fails to comply with the requirements for the operation of the vending facility that are set forth in the notice of vacancy for the facility.

3. The Administrator or his designee may waive the limitations set forth in subsection 2 if he determines that there is not a sufficient number of eligible applicants for the operation of the vending facility.

[Bur. of Services to the Blind, § 20, 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)

NAC 426.155 Notice of availability of location for vending facility. (NRS 426.560, 426.670) The Bureau will notify each person who is eligible to operate a vending facility whenever a location for such a facility is or is about to become available.

[Bur. of Services to the Blind, § 18, eff. 10-14-82]

NAC 426.160 Advisory committee for selection of operators. (NRS 426.560, 426.670) If two or more persons who are licensed to operate a vending facility have submitted an application to the Bureau, a person employed by the Bureau as an officer of field operations will appoint an advisory committee to select an operator. The committee must include:

1. To the extent possible, at least three persons representing the management of the building in which the vending facility is to be located; and

2. One person who is a member of the Nevada Committee of Blind Vendors who serves only as an observer to the selection process.

[Bur. of Services to the Blind, § 19, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000)

NAC 426.165 Disqualification from selection; interim operator. (NRS 426.560, 426.670) If a person who has been selected to operate a vending facility withdraws from consideration or refuses to execute, within a prescribed time, an operating agreement, he is disqualified from selection as an operator of that facility. Upon such a disqualification, the Administrator or his designee may:

1. Offer the agreement to the applicant who received the next highest rank for selection.

2. Reinitiate the application process.

3. Select an interim operator for a specified period. The interim operator shall comply with the provisions of NAC 426.010 to 426.500, inclusive.

[Bur. of Services to the Blind, § 23, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006)

General Requirements for Operation

NAC 426.180 Operating agreement: Purpose; tender of agreement; signature; termination or suspension. (NRS 426.560, 426.670)

1. An operating agreement grants to the operator, for a specified period, the right to use a vending facility and the equipment included with the vending facility.

2. The Bureau will offer an operating agreement and all documents relating to the agreement to a person who has been selected to operate a vending facility. The person who is selected must sign the operating agreement before he takes possession of the vending facility.

3. Except as otherwise provided in this subsection, an operating agreement terminates automatically upon expiration of the period specified in the agreement. The Bureau may, in accordance with NAC 426.145, terminate an operating agreement before the expiration of the specified period if the operator fails to comply with the provisions of the operating agreement, chapter 426 of NRS or NAC 426.010 to 426.500, inclusive. In lieu of terminating an operating agreement, the Bureau may suspend an operating agreement for not more than 90 days. If the Bureau suspends an operating agreement, the operator may continue to operate his vending facility during the period in which the agreement is suspended if the operator agrees to cooperate with the Bureau to establish and carry out a corrective plan of action for the vending facility.

[Bur. of Services to the Blind, § 44, 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)

NAC 426.185 Operating agreement: Required contents; modification. (NRS 426.560, 426.670)

1. An operating agreement must include three parts as follows:

(a) Part A must grant to the operator, for a specified period, the right to use a particular vending facility and any equipment included with the facility.

(b) Part B must include the terms and conditions of operation that are required by NAC 426.010 to 426.500, inclusive, including, but not limited to:

(1) The days and hours of operation;

(2) A description of the types of goods and services that may be offered at the vending facility pursuant to NAC 426.335;

(3) The insurance coverage required pursuant to NAC 426.196;

(4) The liability of the operator pursuant to NAC 426.201;

(5) The option to purchase retained by the Bureau pursuant to NAC 426.355;

(6) The procedure for administrative review set forth in NAC 426.416 to 426.500, inclusive; and

(7) The employment status of the operator pursuant to NAC 426.067.

(c) Part C must include any special agreements that relate to the terms and conditions of the operation of the vending facility, including, but not limited to, standards of operation and special approval required for the operation of the facility.

2. Any part of an operating agreement may be modified in a manner prescribed by the Bureau. If the entire operating agreement is not modified, the provisions that were not modified remain valid.

[Bur. of Services to the Blind, § 45, eff. 10-14-82]—(NAC A 3-15-84; A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000)

NAC 426.194 Procurement and display of licenses and permits. (NRS 426.560, 426.670) An operator or trainee shall obtain all licenses and permits which are required for the operation of a vending facility, including, but not limited to, a sales tax permit and local business license. The operator or trainee shall pay all fees related to the issuance or renewal of each license or permit. The operator or trainee shall display each license or permit in a prominent location at the vending facility.

[Bur. of Services to the Blind, § 60, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006)

NAC 426.196 Requirements of insurance. (NRS 426.560, 426.670) The Bureau will:

1. Provide fire insurance and storekeeper’s liability insurance as may be necessary for all vending facilities;

2. Prescribe in each operating agreement the insurance that is required for the vending facility covered by the agreement, including the insurance that the operator is required to obtain;

3. Respond within 30 days to all written inquiries from an operator concerning the requirements of insurance for the vending facility; and

4. Ensure that each policy of insurance names the Bureau as an additional insured.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000)

NAC 426.201 Liability for willful or negligent acts. (NRS 426.560, 426.670) An operator or trainee shall, unless otherwise required by statute:

1. Assume liability for his willful or negligent acts, or the willful or negligent acts of his employees or agents, that cause injury or damage to persons or property; and

2. Hold the Bureau harmless for any such acts.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000; R228-05, 5-4-2006)

Financial Operation; Records and Reports

NAC 426.215 Provision of bond or other security to Bureau. (NRS 426.560, 426.670) The Bureau may require the operator or trainee to provide to the Bureau a bond or other security of a type and amount determined by the Bureau.

[Bur. of Services to the Blind, § 31, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006)

NAC 426.220 Security for payment of sales taxes, workers’ compensation, security deposits or other payments. (NRS 426.560, 426.670) The Bureau may:

1. Advance money to an operator for the purchase of a certificate of deposit to secure the payment of sales taxes, workers’ compensation or other payments required of the operator.

2. Enter into a cooperative agreement with another agency of the State by which the Bureau pledges money from the Business Enterprise Account for the Blind to secure the payment of sales taxes, workers’ compensation or security deposits required of the operator by the agency. If an operator fails to make a payment to the agency, the Bureau will notify the operator and require him to pay the delinquent obligation.

[Bur. of Services to the Blind, § 54, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97)

NAC 426.222 Payments must be drawn on business account; recordation of personal expenses. (NRS 426.560, 426.670) A payment required by NAC 426.010 to 426.500, inclusive, must be drawn on the business account of an operator or trainee. A payment that is made, other than a payment for a business deduction, must be recorded as a personal expense on the monthly balance sheet maintained by the operator or trainee.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000; R228-05, 5-4-2006)

NAC 426.223 Submission of report or payment to Bureau. (NRS 426.560, 426.670) A report or payment required by NAC 426.010 to 426.500, inclusive, must be submitted to the Bureau not later than 20 days after the close of business on the last day of the calendar month covered by the payment or report. A report or payment must be submitted to the Bureau.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000)

NAC 426.224 Failure to make timely payment or report: Assessment, notice, payment and waiver of penalty; termination of operating agreement. (NRS 426.560, 426.670)

1. Except as otherwise provided in subsection 5, if a payment or report required by NAC 426.010 to 426.500, inclusive, is not received by the Bureau on the date it is due, the Bureau will assess a penalty of $50 or 15 percent of the amount due, whichever is greater. The Bureau will determine whether a payment or report is received by the Bureau on the date that it is due in accordance with NRS 238.100.

2. The Bureau will mail to the last known address of the operator or trainee by certified mail, return receipt requested, or personally deliver to the operator or trainee, notice that a penalty has been assessed.

3. A penalty must be paid not more than 30 days after the operator or trainee receives notice of the penalty. Except as otherwise provided in subsection 5, if a penalty is not paid, the Bureau will assess an additional penalty of $50 or 15 percent of the amount due, whichever is less, excluding the amount due for the first penalty.

4. If, in a 1-year period, three reports, payments or penalties are not submitted to the Bureau when they are due, the Bureau may terminate the operating agreement between the Bureau and the operator without prior notice to the operator.

5. The Administrator or his designee may waive the assessment of a penalty pursuant to this section if the operator or trainee submits a request for a waiver which includes the reasons for the late payment, report or penalty.

(Added to NAC by Bur. of Services to the Blind, eff. 3-15-84; A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006)

NAC 426.225 Assignment of revenue and commissions from vending machines. (NRS 426.560, 426.670)

1. The Administrator or his designee shall assign to an operator or trainee revenue which is accrued from vending machines that are in direct competition with the vending facility of the operator or trainee.

2. The Administrator or his designee may assign to an operator or trainee commissions which are accrued from vending machines that are not in direct competition with the vending facility of the operator or trainee to supplement the income of the operator or trainee for not more than 6 months. The Bureau will develop and publish a policy for determining the amount of commissions that may be assigned pursuant to this subsection.

3. For the purpose of this section, if vending machines are not easily accessible to the employees in the building occupied by the vending facility of the operator or trainee, the machines are not considered to be in direct competition with the vending facility of the operator or trainee.

[Bur. of Services to the Blind, § 43, 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)

NAC 426.230 Money to be set aside from net proceeds; waiver or reduction of required amount. (NRS 426.560, 426.670)

1. To provide the money that is necessary for the administration of the program for vending facilities, each operator or trainee shall set aside money, to be deposited by the Bureau in the Business Enterprise Account for the Blind, from the monthly net proceeds of his business in accordance with the following table:

Net Proceeds of Business Amount to Be Set Aside
$0	to	$999 1 percent of net proceeds
1,000	to	1,499 $15 plus 2 percent of net proceeds over $999
1,500	to	2,099 $25 plus 5 percent of net proceeds over $1,499
2,100	to	2,799 $55 plus 10 percent of net proceeds over $2,099
2,800	to	3,399 $125 plus 15 percent of net proceeds over $2,799
3,400	to	4,499 $215 plus 20 percent of net proceeds over $3,399
4,500	to	5,699 $435 plus 25 percent of net proceeds over $4,499
5,700	to	6,899 $735 plus 30 percent of net proceeds over $5,699
6,900	to	8,999 $1,095 plus 35 percent of net proceeds over $6,899
9,000	to	13,999 $2,000 plus 40 percent of net proceeds over $8,999
14,000	to	19,999 $4,000 plus 45 percent of net proceeds over $13,999
Over		$20,000................... $7,000 plus 50 percent of net proceeds over $20,000

2. The Administrator or his designee, after consultation with the Nevada Committee of Blind Vendors, shall periodically review the table in subsection 1.

3. Except as otherwise provided in subsection 4, if the monthly net proceeds of the business of an operator or trainee are less than zero, the amount which expenses exceed income may be carried forward for not more than 2 months and deducted from the net proceeds for those months to determine the amount of money required to be set aside pursuant to subsection 1 for those months. The operator or trainee may carry forward that amount for more than 2 months if the operator or trainee obtains prior written approval from the Bureau.

4. The Administrator or his designee, after consultation with the Nevada Committee of Blind Vendors, may waive or reduce the amount of money required to be set aside pursuant to subsection 1 for a time prescribed by the Administrator or his designee. If the Administrator or his designee, after consultation with the Nevada Committee of Blind Vendors, decides to waive or reduce this amount of money, the Administrator or his designee shall notify each operator or trainee for whom the amount is being waived or reduced on or before the last day of the month for which the amount is waived or reduced.

[Bur. of Services to the Blind, § 32, 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)

NAC 426.235 Advancement of money by Bureau: Purposes; repayment. (NRS 426.560, 426.670)

1. The Bureau may advance money to an operator or trainee from the Business Enterprise Account for the Blind to purchase initial stock of merchandise, supplies and equipment that are necessary to begin the operation of a vending facility. The operator or trainee shall execute a promissory note for the amount to be repaid to the Bureau. The repayment must be made in monthly installments, based upon the adjusted net proceeds of the business of the operator or trainee in accordance with the following table:

Adjusted Net Proceeds Installment Required
$0	to	$1,100 10 percent of the amount
1,101	to	2,000 $100 plus 15 percent of the adjusted net proceeds over $1,000
2,001	to	3,000 $250 plus 20 percent of the adjusted net proceeds over $2,000
3,001	to	4,000 $450 plus 30 percent of the adjusted net proceeds over $3,000
4,001	to	5,000 $750 plus 40 percent of the adjusted net proceeds over $4,000
Over		$5,000 $1,150 plus 50 percent of the adjusted net proceeds over $5,000

2. The Bureau may advance money to an operator or trainee from the Business Enterprise Account for the Blind in exchange for a promissory note to ensure the continued operation of an existing vending facility. The advance must be repaid by the operator or trainee in accordance with the terms and conditions of the promissory note.

3. As used in this section, “adjusted net proceeds” means the amount of money that remains of the gross income after an operator or trainee has deducted the ordinary and necessary expenses of his business and includes, without limitation, the amount of money set aside pursuant to NAC 426.230.

[Bur. of Services to the Blind, § 34, 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)

NAC 426.245 Business Enterprise Account for the Blind: Accounting and use of money by Bureau. (NRS 426.560, 426.670, 426.675)

1. The Bureau will account for the money set aside and collected by the Bureau from the operators and trainees in accordance with generally accepted principles of accounting.

2. In addition to the purposes authorized by NRS 426.675, the Bureau will use money from the Business Enterprise Account for the Blind for:

(a) Payment of the costs incurred for management of the program for vending facilities administered by the Bureau, including the expenses of the Nevada Committee of Blind Vendors.

(b) If money is available in the Account, reimbursement of an operator or trainee for the payment of a premium on a policy of insurance which the operator or trainee is required to maintain if, in the determination of the Administrator or his designee, the reimbursement is consistent with NRS 426.640.

[Bur. of Services to the Blind, § 33, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006)

NAC 426.250 Maintenance of books and records of account. (NRS 426.560, 426.670) Each operator or trainee shall maintain complete books and records of account for his business on the basis of calendar years in accordance with generally accepted standards for business accounting. The books and records must accurately reflect all receipts and disbursements. The operator or trainee shall use the method of accounting approved by the Bureau.

[Bur. of Services to the Blind, § 38, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006)

NAC 426.255 Submission of monthly report of business operations. (NRS 426.560, 426.670) Each operator or trainee shall submit to the Bureau, on a form prescribed by the Bureau, a monthly report of the business operations of his vending facility. The monthly report must be based on a calendar month.

[Bur. of Services to the Blind, § 36, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006)

NAC 426.265 Records: Maintenance; availability to Bureau; audit; correction. (NRS 426.560, 426.670)

1. Each operator or trainee shall maintain the records, correspondence and other documents relating to his business operation at a location in this State and make the records available to an authorized representative of the Bureau, with or without notice, for inspection, audit or other purpose. Upon issuance of a receipt for records, the operator or trainee shall surrender his records to a representative of the Bureau for audit. The receipt must specify the date on which the records must be returned to the operator or trainee and include the signature of the representative of the Bureau who receives the records. After an audit by the Bureau, an operator or trainee shall, if requested by the Bureau, correct the records in accordance with the instructions of the Bureau. Each operator or trainee shall maintain the records of his business operation for 5 years after the end of the calendar year covered by the records.

2. The Bureau may request any records, correspondence or other documents of an operator or trainee that are necessary for the operation or management of the vending facility or the performance of the operator or trainee, including, without limitation, records of any business in which an operator or trainee or any member of the immediate family of the operator or trainee has a financial interest in the ownership of the business. As used in this subsection, “immediate family” has the meaning ascribed to it in NAC 284.5235.

[Bur. of Services to the Blind, § 39, 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)

NAC 426.267 Biennial audits of certain facilities. (NRS 426.560, 426.670, 426.675)

1. The Bureau will:

(a) Cause an audit to be conducted biennially for each vending facility with gross revenues of $150,000 or more; and

(b) Enter into a contract with an accounting firm selected by the Bureau to perform the audits.

2. The Administrator or his designee, in consultation with the Nevada Committee of Blind Vendors, shall develop policies and procedures for the conduct of the audit.

3. The Bureau will pay for the audit from money in the Business Enterprise Account for the Blind.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R091-00, eff. 9-25-2000; A by R228-05, 5-4-2006)

NAC 426.270 Business checking account: Establishment and maintenance; requirement of sufficient cash; effect of negative balance. (NRS 426.560, 426.670)

1. Each operator or trainee shall establish and maintain a checking account for his business. The account must be in a commercial bank which is authorized to do business in this State and offers electronic access to banking services. The operator or trainee shall not commingle his business and personal money in the business checking account.

2. Each operator or trainee shall maintain cash in an amount which is sufficient to pay all monthly obligations of his vending facility without diminishing the net worth of his business.

3. If an operator maintains a negative balance in his checking account or issues a check without sufficient money in the checking account, the Bureau may terminate his operating agreement.

[Bur. of Services to the Blind, § 56, 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)

NAC 426.275 Business checking account: Deposit of income. (NRS 426.560, 426.670) All income which is earned from the operation of a vending facility must be deposited in the business checking account of the operator or trainee.

[Bur. of Services to the Blind, § 57, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006)

NAC 426.280 Business checking account: Payment of business expenses; reimbursement of expenses paid from personal money. (NRS 426.560, 426.670) The operator or trainee shall pay his business expenses and the money owed to the Bureau by a check drawn on his business checking account. The operator or trainee may use the money in his business checking account to reimburse himself for any expenses of the business which he originally paid from his personal money if he maintains documents which relate to those payments, including, but not limited to, invoices and receipts, in accordance with the generally accepted standards for business accounting.

[Bur. of Services to the Blind, § 59, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006)

NAC 426.285 Ordinary and necessary expenses: Exclusions. (NRS 426.560, 426.670) Unless the Administrator or his designee provides prior written approval to an operator or trainee, ordinary and necessary expenses of the business of an operator or trainee do not include:

1. Expenses for accounting services not related to the business.

2. Attorney’s fees and related expenses.

3. Charges for bank overdraft or return of checks.

4. Charges for the use of credit cards except as permitted by NAC 426.010 to 426.500, inclusive.

5. Costs of commuting to and from work, including parking fees, for the operator or trainee or his employees.

6. Contributions or gifts to organizations or customers.

7. Costs of aids, appliances or other equipment furnished to the operator or trainee through the program for vocational rehabilitation offered by the Bureau.

8. Costs of replacing merchandise which is destroyed because of spoilage, theft or other circumstances.

9. Costs of maintenance, replacement or repair of equipment which is owned by the Bureau.

10. Costs of maintenance, replacement or repair of equipment which is owned by the operator or trainee and used at the vending facility.

11. Costs of markup of an item of merchandise which is over the actual cost of the item, if the item was purchased from a firm and the markup directly or indirectly benefits the operator or trainee.

12. Allowances for employees’ meals.

13. Penalties paid to an agency which imposes taxes or issues a license.

14. Personal expenses, including, but not limited to:

(a) Charges for personal clothing.

(b) Premiums for health, medical or disability insurance for the operator or trainee or his family.

(d) Premiums for life insurance or payments for a retirement program for the operator or trainee.

(e) Any other expenses which are personal.

15. The purchase price of or rental payments for equipment which has not been authorized by the Bureau.

16. Payments to the Bureau pursuant to a promissory note for any money advanced to establish a vending facility.

17. Travel expenses.

18. Depreciation of the equipment owned by the operator or trainee.

19. Expenses for rent or utilities at a location other than the facility.

20. Losses incurred for an extension of credit that was not approved by the Bureau.

[Bur. of Services to the Blind, § 58, 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)

NAC 426.290 Payments for obligations. (NRS 426.560, 426.670) An operator or trainee shall conduct his business on a 30-day net cash basis and pay all his obligations when they are due.

[Bur. of Services to the Blind, § 64, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R228-05, 5-4-2006)

Equipment and Inventory

NAC 426.300 Equipment: Provision, repair and replacement; restrictions on operator or trainee. (NRS 426.560, 426.670)

1. The Bureau will furnish to each vending facility equipment that is suitable for the facility. The Bureau will assume responsibility for all the normal repair and replacement of that equipment.

2. If the Bureau determines that it is necessary or appropriate, the Bureau will:

(a) Replace equipment located at a vending facility, if money is available in the Business Enterprise Account for the Blind.

(b) Provide additional equipment at a vending facility, if money is available in the Business Enterprise Account for the Blind.

3. An operator or trainee shall not add to, modify, remove or replace any equipment without the written consent of the Bureau.

[Bur. of Services to the Blind, § 24, 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)

NAC 426.305 Equipment: Responsibility for daily maintenance; payment for repairs resulting from neglect or abuse. (NRS 426.560, 426.670) An operator or trainee shall assume responsibility for the daily maintenance of the equipment furnished by the Bureau. The operator or trainee shall pay for any repairs that result from his neglect or abuse of the equipment.

[Bur. of Services to the Blind, § 27, 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)

NAC 426.315 Equipment: Limitation on use. (NRS 426.560, 426.670) Equipment that has been furnished by the Bureau or authorized for purchase must be used only for the business of the vending facility.

[Bur. of Services to the Blind, § 26, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000)

NAC 426.320 Equipment: Retention of title by Bureau; surrender of possession. (NRS 426.560, 426.670)

1. Except for the right to use the equipment that is granted to the operator pursuant to NAC 426.180, the Bureau retains all right to, title to and interest in the equipment it furnishes for the operation of a vending facility.

2. The operator shall surrender possession of the equipment:

(a) Upon termination, suspension or revocation of his license; or

(b) If he is required to do so by the terms of the operating agreement.

[Bur. of Services to the Blind, § 28, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000)

NAC 426.326 Acquisition of merchandise, accessories and supplies necessary to begin and continue operation; requirements for conducting physical inventory. (NRS 426.560, 426.670)

1. An operator or trainee shall obtain the items of merchandise, accessories and supplies that are necessary to begin operation of his vending facility. An operator or trainee shall deduct the value of those items of merchandise, accessories and supplies as a business expense if the deduction will not result in a negative balance in his net proceeds. Any amount that is not deducted must be shown as an asset on the monthly balance sheet maintained by the operator or trainee until it is liquidated.

2. An operator or trainee shall obtain items of merchandise, accessories and supplies in quantities that are sufficient to ensure the continued operation of his vending facility.

3. On an annual basis and at any other time prescribed by the Administrator or his designee, an operator or trainee shall conduct a physical inventory of the items of merchandise, accessories and supplies that he has in his possession for resale, and record the results of the inventory in his books and records of account. A copy of the results of the inventory must be included with the monthly report that the operator or trainee is required to submit to the Bureau pursuant to NAC 426.255.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000; R228-05, 5-4-2006)

NAC 426.330 Acknowledgment of receipt of equipment, accessories and initial stock of merchandise; record of changes to items. (NRS 426.560, 426.670) Each operator or trainee shall acknowledge the receipt of the equipment, accessories and initial stock of merchandise furnished by the Bureau. The Bureau will maintain a record of any changes to those items and will provide the operator or trainee with a copy of such a record. Each record must be signed and dated by an authorized representative of the Bureau.

[Bur. of Services to the Blind, § 30, 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)

NAC 426.335 Goods and services: Specification and approval; preparation and dispensation. (NRS 426.560, 426.670)

1. Each operating agreement must specify the goods and services that may be sold at the vending facility covered by the agreement.

2. The goods and services offered at a vending facility may be dispensed automatically or manually and may be prepared on or off the premises.

3. Goods and services must not be sold, offered for sale or dispensed unless they have been approved in writing by the Administrator or his designee.

[Bur. of Services to the Blind, § 50, 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)

NAC 426.345 Conduct of physical inventory under certain circumstances; negotiation of value of equipment, accessories and merchandise. (NRS 426.560, 426.670)

1. Each operator or trainee, or a person designated by the operator or trainee, and an authorized representative of the Bureau shall conduct a physical inventory of all equipment, accessories and merchandise of a vending facility if:

(a) The operator or trainee is transferred or promoted to another location;

(b) The operator or trainee resigns from the program for vending facilities administered by the Bureau;

(d) The operating agreement expires and is not renewed, and a final settlement between the operator and the Bureau is necessary.

2. If an operator or trainee refuses to participate in the inventories required by subsection 1, or refuses to designate a representative for such purpose, the Bureau will appoint an independent person to represent the operator or trainee. All equipment and accessories furnished by the Bureau must be counted and reconciled with the master inventory maintained by the Bureau.

3. The former operator or trainee and the new operator or trainee or the Bureau shall negotiate, with the assistance of the staff of the Bureau, the value of the equipment, accessories and merchandise of a vending facility.

[Bur. of Services to the Blind, § 51, 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)

NAC 426.355 Reservation and exercise by Bureau of option to purchase; reimbursement of operator upon withdrawal from program. (NRS 426.560, 426.670)

1. Each operating agreement must include a provision which reserves for the Bureau an option to purchase any equipment, accessories, supplies and merchandise owned by the operator for use in the vending facility and to assign this option to a succeeding operator of the vending facility. At the time the option is exercised, the merchandise, accessories and supplies must be inventoried and valued in the manner provided in NAC 426.345. Equipment owned by the operator may be purchased by the Bureau at its fair market value.

2. If an operator withdraws from the program for vending facilities administered by the Bureau and the Bureau purchases his equipment, accessories, supplies or merchandise, the Bureau will reimburse the operator for the equipment, accessories, supplies or merchandise not later than 60 days after the expiration of his operating agreement unless a purchase agreement has been executed and notarized between the operator and the Bureau which establishes an alternative payment schedule.

[Bur. of Services to the Blind, § 53, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000)

NAC 426.357 Surrender of premises and assets by operator. (NRS 426.560, 426.670)

1. Upon the rescission or termination of an operating agreement, or the suspension, revocation or termination of a license, the operator shall vacate the premises of the vending facility and surrender possession of all equipment, accessories, merchandise, supplies and other assets which the Bureau owns or has an option to purchase.

2. If the operator fails to surrender the premises and assets, the Bureau will take such action as is necessary to obtain possession. The operator may enter the premises to remove his personal property or, upon the written request of the operator and at his expense, the Bureau will deliver the property to him or place it in storage.

[Bur. of Services to the Blind, § 55, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000)

NAC 426.360 Causing or allowing placement of lien, claim or other encumbrance prohibited. (NRS 426.560, 426.670) The operator or trainee shall not cause or allow a lien, a claim or any other encumbrance to be placed on his 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)

Employees; Daily Operation and Management

NAC 426.365 General responsibilities of operators and trainees. (NRS 426.560, 426.670) Each operator or trainee shall, subject to the approval of the Administrator or his 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 he 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 business in a manner that satisfies his 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 vending facility.

9. Maintain a clean appearance and ensure that his 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)

NAC 426.370 Responsibilities of Bureau regarding employment practices of operator. (NRS 426.560, 426.670) 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.

[Bur. of Services to the Blind, § 42, eff. 10-14-82]—(NAC A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97)

NAC 426.383 Retirement income benefit for operators. (NRS 426.560, 426.670, 426.675)

1. The Bureau will pay each licensed operator not less than $7,000 annually as a retirement income benefit if:

(a) A majority of the Nevada Committee of Blind Vendors approves the payment; and

(b) The Bureau determines that money for the payment is available in the Business Enterprise Account for the Blind.

2. The Bureau, in consultation with the Nevada Committee of Blind Vendors, will develop policies and procedures to determine:

(a) The eligibility of an operator to receive the retirement income benefit pursuant to this section; and

(b) The amount of money to be paid to an operator who is eligible to receive a retirement income benefit pursuant to this section.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R091-00, eff. 9-25-2000; A by R228-05, 5-4-2006)

NAC 426.387 Reimbursement of operators for health care costs. (NRS 426.560, 426.670, 426.675)

1. The Bureau will make available not less than $12,500 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 Blind Vendors approves the amount to be made available; and

(b) The Legislature appropriates money for such a purpose.

2. The Bureau, in consultation with the Nevada Committee of Blind Vendors, will establish policies and procedures relating to:

(a) The eligibility of an operator to receive a reimbursement for health care costs pursuant to this section; and

(b) The process the Bureau and such an operator will follow for reimbursement of health care costs pursuant to this section.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired by R091-00, eff. 9-25-2000; A by R228-05, 5-4-2006)

NAC 426.390 Leave of absence of operator. (NRS 426.560, 426.670)

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 pays to the relief operator as a business expense.

2. The Administrator or his designee may, if he 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)

NAC 426.395 Active involvement of operator in operation of facility. (NRS 426.560, 426.670) 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)

NAC 426.400 Managerial services provided by Bureau; performance evaluations. (NRS 426.560, 426.670)

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 designee a report of the findings of each evaluation; and

[Bur. of Services to the Blind, § 67, 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)

Resolution of Grievances

NAC 426.416 Request for administrative review of complaint. (NRS 426.560, 426.670)

1. A person who is licensed to operate a vending facility may submit a written request to the Administrator or his 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.

2. Not later than 30 days after the occurrence of the action that is the cause of the grievance of the licensee, a request for an administrative review must be mailed by registered or certified mail, return receipt requested, to the Administrator or his designee.

3. A request for an administrative review must include:

(a) The date of the occurrence of the action which is the cause of the grievance of the licensee;

(b) A statement of the complaint, including each issue that the licensee considers relevant to the complaint;

(d) Citations to the statutes or regulations, if any, which pertain to the complaint;

(e) A statement which supports the position of the licensee;

(f) The mailing address and telephone number of the licensee; and

(g) The signature of the licensee and the date of his signature.

(Added to NAC by Bur. of Services to the Blind & Vis. Impaired, eff. 8-28-97; A by R091-00, 9-25-2000; R228-05, 5-4-2006)

NAC 426.420 Time and location of administrative review. (NRS 426.560, 426.670) The Administrator or his 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 his designee shall conduct an administrative review within 10 days after the Administrator or his 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)

NAC 426.425 Procedure for administrative review. (NRS 426.560, 426.670) 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 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)

NAC 426.430 Issuance and delivery of written decision. (NRS 426.560, 426.670)

1. Not later than 15 days after an administrative review, the Administrator or his designee shall issue a written decision, including his 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 him. 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 designee shall mail a copy of the decision to each member of the Nevada Committee of Blind Vendors.

[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)

NAC 426.450 Request for hearing after written decision. (NRS 426.560, 426.670)

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)

NAC 426.455 Conduct of hearing by hearing officer; notice of time, date and place of hearing. (NRS 426.560, 426.670)

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)

NAC 426.460 Representation of licensee at hearing. (NRS 426.560, 426.670) 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)

NAC 426.465 Rules of evidence. (NRS 426.560, 426.670) 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)

NAC 426.470 Rights of parties at hearing. (NRS 426.560, 426.670) Each party must be granted the opportunity to present his 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)

NAC 426.475 Methods of resolution. (NRS 426.560, 426.670) 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)

NAC 426.480 Final decision; appeal. (NRS 426.560, 426.670)

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)

NAC 426.485 Record of hearing. (NRS 426.560, 426.670) 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)

NAC 426.490 Transcript of proceedings. (NRS 426.560, 426.670) 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)

NAC 426.500 Judicial review or arbitration of final decision. (NRS 426.560, 426.670)

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)

RESOLUTION OF CERTAIN GRIEVANCES OF APPLICANTS FOR AND RECIPIENTS OF SERVICES TO BLIND PERSONS

NAC 426.520 Definitions. (NRS 426.560, 426.610) As used in NAC 426.520 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)

NAC 426.525 “Administrator” defined. (NRS 426.560, 426.610) “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)

NAC 426.530 “Bureau” defined. (NRS 426.560, 426.610) “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)

NAC 426.535 “Division” defined. (NRS 426.560, 426.610) “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)

NAC 426.540 Request for hearing; request for resolution by alternate means; informal discussions. (NRS 426.560, 426.610)

1. A person applying for or receiving services to blind persons who is aggrieved by a decision of the Bureau may, not later than 60 days after he receives notice of the decision of the Bureau, submit a written request to the Administrator or his designee for a hearing conducted pursuant to NRS 426.610. The Administrator or his designee may, upon good cause shown, allow a person to file a request for a hearing more than 60 days after he receives 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 he receives notice of the decision of the Bureau, submit a written request to the Administrator or his 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 to blind persons who is aggrieved by a decision of the Bureau from engaging in informal discussions with the Administrator or his 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)

NAC 426.545 Assignment of and conduct of hearing by hearing officer; continuance of hearing. (NRS 426.560, 426.610)

1. The Administrator or his 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 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)

NAC 426.550 Submission of statements by parties before hearing. (NRS 426.560, 426.610) 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)

NAC 426.555 Representation of aggrieved party at hearing. (NRS 426.560, 426.610) 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)

NAC 426.560 Rules of evidence. (NRS 426.560, 426.610) 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)

NAC 426.565 Rights of parties at hearing; order of presentation. (NRS 426.560, 426.610) Each party may present his case, examine and cross-examine witnesses, and rebut evidence. The aggrieved party shall present his 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)

NAC 426.570 Decision of hearing officer: Issuance; appeal. (NRS 426.560, 426.610)

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)

NAC 426.575 Transcript of proceedings. (NRS 426.560, 426.610) 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)

EXPEDITED SERVICE PERMITS

NAC 426.600 “Department” defined. (NRS 426.441) As used in NAC 426.600 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)

NAC 426.610 Renewal of permit. (NRS 426.441)

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 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, he 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.

(Added to NAC by Dep’t of Motor Veh. by R160-01, eff. 2-12-2002)

NAC 426.620 Duplicate permit. (NRS 426.441)

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 affixed to the permit or to change his address on the permit.

2. Application for a duplicate permit must be made in person and include the required fee for the issuance of the duplicate permit.

(Added to NAC by Dep’t of Motor Veh. by R160-01, eff. 2-12-2002)

NAC 426.630 Fees. (NRS 426.441)

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 $6.25.

(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 $5.25.

2. For the issuance of a duplicate permit to any person for the purpose of having a different photograph affixed to the permit or changing the address on the permit, or both, the Department will charge a fee of $6.25.

(Added to NAC by Dep’t of Motor Veh. by R160-01, eff. 2-12-2002)

USE OF SIGNATURE STAMPS BY CERTAIN PERSONS WITH PHYSICAL DISABILITIES

NAC 426.650 “Signature stamp” defined. (NRS 426.245, 426.257) As used in NAC 426.650 to 426.665, inclusive, unless the context otherwise requires, “signature stamp” has the meaning ascribed to it in NRS 426.257.

(Added to NAC by Dep’t of Health & Human Services by R004-06, eff. 5-4-2006)

NAC 426.655 Ownership of stamp required for use. (NRS 426.245, 426.257) A person shall not use a signature stamp unless the person is the owner of the signature stamp.

(Added to NAC by Dep’t of Health & Human Services by R004-06, eff. 5-4-2006)

NAC 426.660 Photographic identification of person using stamp. (NRS 426.245, 426.257)

1. A person, government, governmental agency or political subdivision of a government may require a person who uses a signature stamp pursuant to NRS 426.257 to present photographic identification as proof of his identity to ensure that the person using the signature stamp is the owner of the signature stamp.

2. A person, government, governmental agency or political subdivision of a government that requires a person to present photographic identification pursuant to subsection 1 shall accept a driver’s license, identification card, passport and any other documentation which contains a photograph of the person issued by a governmental entity which the person, government, governmental agency or political subdivision of a government deems to be satisfactory proof of a person’s identity.

(Added to NAC by Dep’t of Health & Human Services by R004-06, eff. 5-4-2006)

NAC 426.665 Liability for damages caused by use of stamp by person other than owner. (NRS 426.245, 426.257)

1. Except as otherwise provided in subsections 2 and 3, the owner of a signature stamp is liable for any damages caused by the use of the signature stamp by a person other than the owner of the signature stamp.

2. The owner of a signature stamp is not liable for damages caused by the use of the signature stamp by a person other than the owner of the signature stamp if the signature stamp was lost or stolen and the owner reported the loss or theft of the signature stamp to:

(a) The appropriate law enforcement agency;

(b) The financial institutions with which the owner of the signature stamp has accounts;

(c) The registrar of voters of the county in which the owner of the signature stamp resides or the county clerk of the county in which the owner of the signature stamp resides if the owner of the signature stamp resides in a county in which a registrar of voters has not been appointed pursuant to NRS 244.164; and

(d) The county recorder of the county in which the owner of the signature stamp resides,

Ê within 10 days after the date of discovery of the loss or theft.

3. A person, government, governmental agency or political subdivision of a government is liable for any damages caused by the use of a signature stamp by a person other than the owner of the signature stamp if the person, government, governmental agency or political subdivision of a government had an opportunity to verify, in person, the identity of the person who used the signature stamp and the person, government, governmental agency or political subdivision of a government failed to verify the identity of the person who used the signature stamp.

(Added to NAC by Dep’t of Health & Human Services by R004-06, eff. 5-4-2006)

PROGRAM TO ENABLE PERSONS WITH PHYSICAL DISABILITIES TO LIVE IN UNSUPERVISED SETTING

NAC 426.675 Definitions. (NRS 426.245, 426.275) As used in NAC 426.675 to 426.770, inclusive, unless the context otherwise requires, the words and terms defined in NAC 426.680 to 426.720, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.680 “Chief” defined. (NRS 426.245, 426.275) “Chief” means the Chief of the Office.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.685 “Contractor” defined. (NRS 426.245, 426.275) “Contractor” means any person or governmental or private agency or organization with which the Office enters into a contract pursuant to NAC 426.740.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.690 “Essential personal care” defined. (NRS 426.245, 426.275) “Essential personal care” means the tasks described in NAC 426.735.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.695 “Office” defined. (NRS 426.245, 426.275) “Office” means the Office of Disability Services created pursuant to NRS 426.235.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.700 “Person with a physical disability” defined. (NRS 426.245, 426.275) “Person with a physical disability” has the meaning ascribed to it in NRS 426.265.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.705 “Personal care attendant” defined. (NRS 426.245, 426.275) “Personal care attendant” means a person who has the knowledge and skill to provide essential personal care pursuant to NAC 426.675 to 426.770, inclusive.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.710 “Recipient” defined. (NRS 426.245, 426.275) “Recipient” means a person who receives financial assistance for essential personal care pursuant to NAC 426.675 to 426.770, inclusive.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.715 “Review team” defined. (NRS 426.245, 426.275) “Review team” means two or more persons appointed by the contractor to perform the duties required by subsection 1 of NAC 426.740.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.720 “Support services for independent living” defined. (NRS 426.245, 426.275) “Support services for independent living” includes, without limitation:

1. Assisting a recipient in developing a comprehensive plan to support his ability to live independently;

2. Offering assistance, support or direction in performing activities of daily living; and

3. Coordinating such services with other services and coordinating providers of other services on behalf of a recipient.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.725 Eligibility for financial assistance; provision of care by Office. (NRS 426.245, 426.275)

1. To be eligible for financial assistance pursuant to NAC 426.675 to 426.770, inclusive, a person must:

(a) Be a resident of the State;

(b) Be diagnosed as a person with a physical disability by a licensed physician;

(d) Use all other resources in the community that provide essential personal care or financial assistance for essential personal care before requesting financial assistance pursuant to NAC 426.675 to 426.770, inclusive;

(e) Except as otherwise provided in subsection 2, require not more than 35 hours of essential personal care each week from this program to live independently;

(f) Be capable of supervising the attendant who provides the care, except that in extraordinary circumstances the review team may designate a responsible person to supervise the attendant on behalf of the otherwise eligible person;

(g) Be capable of participating in a plan for independent living; and

(h) Be financially eligible pursuant to the provisions of NAC 426.765.

2. Except as otherwise provided in this subsection, the Office may provide not more than 35 hours of essential personal care each week to a recipient. In addition, the Office may, based upon its budget and its determination of need:

(a) If a portion of the 35 hours or less of essential personal care that was allocated to a recipient for a week is not used by that recipient in that week, provide temporary:

(1) Emergency care to another recipient if his disability is exacerbated or he has a short-term illness that is not related to his disability.

(2) Respite care to relieve a family member who provides care for a person on the waiting list of persons eligible to receive financial assistance pursuant to subsection 1 that is maintained by the Office.

(b) Provide 120 hours or less per year of respite care to relieve a family member who provides care for a recipient.

3. The provisions of this section do not prohibit the Office from providing 35 hours or less of essential personal care each week for a person who is also receiving services from another program.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.730 Order of priority for disbursement of financial assistance. (NRS 426.245, 426.275) Financial assistance must be disbursed to eligible persons in the following order of priority:

1. A person who has a condition that is terminal and is not expected to live for more than 1 year.

2. A person who is receiving acute or extended care in an institutional setting but who, with financial assistance provided pursuant to NAC 426.675 to 426.770, inclusive, would be able to function in a setting where he controls and manages his daily activities.

3. A person:

(a) Who is at risk of being placed in an institutional setting within 3 months if financial assistance is not provided pursuant to NAC 426.675 to 426.770, inclusive; or

(b) Whose safety or health would be at a substantial risk if financial assistance was not provided pursuant to NAC 426.675 to 426.770, inclusive.

4. A person who is at risk of being placed in an institutional setting within 1 year unless assistance that is being provided to the person by friends or family continues to be provided.

5. A person who does not satisfy any of the criteria set forth in subsections 1 to 4, inclusive, but who otherwise qualifies for financial assistance pursuant to NAC 426.675 to 426.770, inclusive.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.735 Scope of essential personal care. (NRS 426.245, 426.275) Essential personal care is limited to assisting a person who is eligible to receive financial assistance pursuant to NAC 426.675 to 426.770, inclusive:

1. In the elimination of wastes from the body;

2. In dressing and undressing;

3. In bathing and grooming;

4. In the preparation and eating of meals;

5. In getting in and out of bed;

6. In repositioning while asleep;

7. In the use of prostheses and other medical equipment;

8. In moving about, including, without limitation, assisting a person:

(a) In moving from a wheelchair, bed or other piece of furniture;

(b) With ambulation; and

9. In essential laundry;

10. With support services for independent living if the person has an injury to the brain and those services do not exceed 14 hours per week; and

11. In other minor needs directly related to maintenance of personal hygiene.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.740 Contracts for services: Duties of contractor and review team. (NRS 426.245, 426.275) The Office shall contract with a contractor who shall:

1. Establish a review team of persons who have personal or professional knowledge of disabilities and an understanding of the concept of independent living. The review team shall:

(a) Determine an applicant’s eligibility.

(b) Authorize the number of hours of essential personal care to be provided to an eligible person based upon a written assessment provided by the contractor pursuant to subsection 9.

2. Reevaluate a recipient’s eligibility every 12 months and when his need for essential personal care changes.

3. Provide essential personal care to eligible persons.

4. Provide training for personal care attendants and maintain a registry of attendants.

5. Establish a system for the provision of back-up attendants and emergency care.

6. Ensure that a personal care attendant who is listed in the registry of attendants has coverage for workers’ compensation insurance.

7. Establish cooperative agreements with programs providing essential personal care to coordinate interdisciplinary services provided to mutual recipients.

8. Obtain and review the criminal record, if any, of each personal care attendant.

9. Provide assessments of recipients. An assessment must:

(a) Be conducted by a licensed medical professional who is familiar with essential personal care and the independent living needs of persons with physical disabilities;

(b) Be conducted at the location where the services are offered; and

(c) Include the requirements for completing specific tasks, the time required for completion of the tasks and a statement by the recipient concerning his perspective of his needs for care.

10. Provide referrals to independent living and other services as appropriate for the needs of recipients.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.745 Monitoring and evaluation of contractors; submission by contractors of reports and proposed procedural changes. (NRS 426.245, 426.275)

1. The Office shall monitor the management and the financial records of the contractor and shall evaluate the contractor’s efficiency in administering the provisions of the contract.

2. The contractor shall submit to the Office:

(a) Quarterly reports summarizing the activities of programs providing essential personal care on forms provided by the Office.

(b) Any proposed procedural changes for review and approval before they are carried out.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.750 Notification of contractor of changes in income or need for essential personal care of recipient. (NRS 426.245, 426.275) A recipient shall notify the contractor of any change in the recipient’s:

1. Income, the income of the recipient’s spouse or, if the recipient is a dependent child or adult who has no income and is financially supported by his family, the income of the recipient’s family that would affect the recipient’s eligibility; and

2. Need for essential personal care.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.755 Application for financial assistance; statement of need for care; notification and date of eligibility; notification of position on waiting list. (NRS 426.245, 426.275)

1. An applicant for financial assistance must submit to the contractor a completed application and a written statement from a licensed physician, physician assistant or registered nurse certifying the applicant’s need for essential personal care.

2. The contractor shall, within 30 days after receiving a completed application, notify the applicant in writing whether he is eligible for financial assistance.

3. If money is available, a person may be eligible to receive financial assistance on the date the review team determines he is eligible.

4. If money is not available, the contractor shall notify the person of his position on the waiting list maintained by the Office of persons eligible for financial assistance in the order of their priority.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.760 Appeal of decision of review team or contractor. (NRS 426.245, 426.275)

1. An applicant for financial assistance or a recipient who disagrees with a decision of the review team or the contractor may, within 15 working days after he receives notice of the decision, file an appeal with the contractor. The contractor:

(a) May require the applicant or recipient to submit, in writing, evidence to support the appeal; and

(b) Shall render his decision in writing within 30 days after he receives the appeal.

2. The applicant or recipient may appeal the decision of the contractor to the Chief by filing a notice of appeal within 15 working days after he receives notice of the decision of the contractor. The Chief:

(a) Shall review the decision in an informal procedure;

(b) May require the applicant, recipient or contractor to submit, in writing, additional evidence to support the appeal or the decision; and

3. The decision of the Chief is a final decision for the purposes of judicial review.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.765 Determination of financial eligibility; determination of portion of cost to be paid by recipient; payment of costs by contractor. (NRS 426.245, 426.275)

1. An applicant is not eligible to receive financial assistance pursuant to subsection 1 of NAC 426.725, if his gross monthly income, less the expenses set forth in paragraphs (a) to (d), inclusive, of subsection 2, is more than 800 percent of the federally designated level signifying poverty, divided by 12, for the size of family applicable to the applicant, as determined by the United States Department of Health and Human Services and published annually in the Federal Register.

2. In determining the financial eligibility of an applicant, the gross monthly income of the applicant and the applicant’s spouse, or, if the applicant is a dependent child or adult who has no income and is financially supported by his family, the gross monthly income of the applicant’s family, must be counted. From the total must be deducted any amount paid directly by the applicant or the applicant’s spouse or, if the applicant is a dependent child or adult who has no income and is financially supported by his family, by the applicant’s family, that is not reimbursed by any other source for:

(a) Medicine prescribed for the applicant or the applicant’s spouse by a physician or, if the applicant is a dependent child or adult who has no income and is financially supported by his family, medicine prescribed for the applicant and each member of the applicant’s family;

(b) Medical care provided to the applicant or the applicant’s spouse by a doctor, hospital or other medical facility or, if the applicant is a dependent child or adult who has no income and is financially supported by his family, medical care provided to the applicant and each member of the applicant’s family by a doctor, hospital or other medical facility;

(d) Health insurance and the benefits thereof, including, without limitation, the payment of premiums and copayments for the applicant or the applicant’s spouse or, if the applicant is a dependent child or adult who has no income and is financially supported by his family, for each member of the applicant’s family.

Ê As used in this subsection, “medical facility” has the meaning ascribed to it in NRS 449.0151 and includes a facility for the rehabilitation of persons with physical disabilities.

3. A recipient whose gross monthly income, less the expenses set forth in paragraphs (a) to (d), inclusive, of subsection 2, is less than 200 percent of the federally designated level signifying poverty, divided by 12, is not required to pay any of the cost for essential personal care. Except as otherwise provided in this section, a recipient whose gross monthly income, less the expenses set forth in paragraphs (a) to (d), inclusive, of subsection 2, is 200 percent or more of the federally designated level signifying poverty, divided by 12, but not greater than 800 percent of the federally designated level signifying poverty, divided by 12, shall pay a portion of the total cost to provide essential personal care to him according to the following formula:

Monthly amount of recipient’s payment for essential personal care =	(A-(B+C)) x (D)
	(A-B)

Ê where “A” is the recipient’s gross monthly income; “B” is the sum, on a monthly basis, of the recipient’s and his spouse’s expenses and, if applicable, the expenses of the recipient’s family, set forth in paragraphs (a) to (d), inclusive, of subsection 2; “C” is the amount that equals 200 percent of the federally designated level signifying poverty, divided by 12, for the size of family applicable to the recipient; and “D” is the cost of providing services for essential personal care, on a monthly basis, for that recipient.

4. Notwithstanding the formula set forth in subsection 3, in no case may the recipient’s payment for essential personal care, on a monthly basis, exceed 25 percent of the amount that equals the difference between A and the sum of B and C.

5. If there are compelling and urgent circumstances, including, without limitation, the circumstance in which payment of any portion of the cost to provide essential personal care to the recipient will cause severe hardship to the recipient, the contractor, with the approval of the Chief, may pay 100 percent of the cost of the essential personal care of a recipient.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)

NAC 426.770 Grounds for termination of care. (NRS 426.245, 426.275) Care provided by a personal care attendant to a recipient may be terminated if the recipient:

1. Fails to pay his share of the cost of such care;

2. Fails to provide documents needed for reevaluation;

3. Willfully defrauds the program; or

4. Fails to comply with the requirements of NAC 426.750.

(Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)