NRS: CHAPTER 426 - PERSONS WITH DISABILITIES

[Rev. 6/29/2024 4:03:21 PM--2023]

CHAPTER 426 - PERSONS WITH DISABILITIES

GENERAL PROVISIONS

NRS 426.010 Purposes of chapter.

NRS 426.020 Liberal construction.

NRS 426.031 Definitions.

NRS 426.045 “Bureau” defined.

NRS 426.061 “Department” defined.

NRS 426.065 “Director” defined.

NRS 426.068 “Disability” defined.

NRS 426.071 “Division” defined.

NRS 426.082 “Person who is blind” defined.

NRS 426.084 “Person who is deaf” defined.

NRS 426.097 “Service animal” defined.

NRS 426.099 “Service animal in training” defined.

EXPEDITED SERVICE PERMITS

NRS 426.401 Definitions.

NRS 426.411 “Department” defined.

NRS 426.421 “Expedited service permit” defined.

NRS 426.431 “Person with a permanent disability” defined.

NRS 426.441 Application; issuance; requirements; review of eligibility; fee; regulations.

NRS 426.451 Presentation to officer or employee of state agency; duty of officer or employee to provide expedited services.

NRS 426.461 Unlawful acts; penalty.

USE OF SERVICE ANIMALS AND WHITE OR METALLIC CANES

NRS 426.510 Restrictions on use of service animal and white or metallic cane; duties of pedestrian; penalty.

NRS 426.515 Failure to carry white or metallic cane or use service animal as evidence of contributory negligence in action against common carrier or place of public accommodation.

BUREAU OF SERVICES TO PERSONS WHO ARE BLIND OR VISUALLY IMPAIRED

NRS 426.517 Purposes of provisions.

NRS 426.518 Definitions.

NRS 426.519 “Administrator” defined.

NRS 426.5192 “Competitive integrated employment” defined.

NRS 426.520 “Person who is blind” further defined.

NRS 426.523 “Substantial impediment to employment” defined.

NRS 426.526 “Vocational rehabilitation services” defined.

NRS 426.531 Administration by Department.

NRS 426.550 Administrator as head of Bureau; powers and duties of Bureau.

NRS 426.555 Administrator to prepare required reports.

NRS 426.560 Regulations.

NRS 426.561 Authority of Division to adopt, amend and repeal policies; public meeting required.

NRS 426.563 Costs of administration.

NRS 426.567 State Grant and Gift Account for Persons Who Are Blind.

NRS 426.570 Employees.

NRS 426.573 Confidentiality of information concerning applicant for or recipient of services; exceptions; penalty.

NRS 426.575 Payment of allowance for maintenance to trainee in advance.

NRS 426.590 Bureau as licensing agency under federal law.

NRS 426.600 Denial of services prohibited; exceptions.

NRS 426.610 Fair hearing before hearing officer; judicial review.

VENDING FACILITY PROGRAM

NRS 426.630 Definitions.

NRS 426.640 Operation of vending facilities by licensees; priority of right in or on certain public buildings or properties; waiver of priority.

NRS 426.650 Notice to Bureau by public entity of location of and license, permit and lease for any vending facility.

NRS 426.660 Acquisition, construction, remodeling or improvement of public building: Planning for vending facility.

NRS 426.665 Construction of building by Bureau; approval of Legislature.

NRS 426.670 Powers and duties of Bureau relating to Program; regulations; powers and duties of public entity that has care, custody or control of certain public buildings or property relating to Program; conflicting contractual provisions void.

NRS 426.672 Powers and duties of Bureau concerning training.

NRS 426.675 Business Enterprise Account for Persons Who Are Blind.

NRS 426.677 Management of money received from vending facility when licensee unavailable or temporarily unable to operate facility.

NRS 426.685 Establishment of vending facility in or on building or property that is not public building or property; owner of building may enter into contract requiring incentive pay.

NRS 426.690 Limitation on commodities, articles and services sold at vending facility.

NRS 426.695 Operator of vending facility may keep service animal on premises.

NRS 426.700 Applicability of laws and ordinances to licensee operating vending facility.

NRS 426.710 Management of operations of Program by nonprofit organization.

NRS 426.713 Resolution of certain disputes relating to Program: Complaint; hearing; judicial review of decision of hearing officer.

NRS 426.715 Penalty for unlawful sale, solicitation or delivery of certain commodities in or on public building or property; exemptions.

PERSONAL ASSISTANCE FOR PERSONS WITH SEVERE FUNCTIONAL DISABILITIES

NRS 426.721 Definitions.

NRS 426.723 “Minimum essential personal assistance” defined.

NRS 426.7235 “Nevada Commission on Services for Persons with Disabilities” defined.

NRS 426.724 “Reasonably adequate state funding” defined.

NRS 426.725 “Recipient” defined.

NRS 426.726 “Severe functional disability” defined.

NRS 426.727 “State personal assistance program” defined.

NRS 426.728 State personal assistance programs required to make services available.

NRS 426.729 Duties of Director of Department of Health and Human Services.

MISCELLANEOUS PROVISIONS

NRS 426.740 Refueling of vehicle for driver with physical disability; charging greater price for fuel prohibited; exception; penalty.

PENALTIES

NRS 426.790 Unlawfully interfering with or allowing dog or other animal to interfere with use of service animal or service animal in training; unlawfully beating or killing service animal or service animal in training; penalties.

NRS 426.800 Fraudulent acts: Penalty; presumption.

NRS 426.805 Fraudulent misrepresentation of animal as service animal or service animal in training unlawful; penalty.

NRS 426.810 Allowing dog or other animal to injure or kill service animal or service animal in training unlawful; allowing dog or other animal to endanger or injure person accompanied by service animal or service animal in training unlawful; penalties.

NRS 426.820 Civil liability for engaging in certain prohibited acts concerning service animals or service animals in training.

_________

GENERAL PROVISIONS

NRS 426.010 Purposes of chapter. The purposes of this chapter are:

1. To relieve persons with disabilities from the distress of poverty;

2. To encourage and assist persons with disabilities in their efforts to render themselves more self-supporting; and

3. To enlarge the opportunities of persons with disabilities to obtain education, vocational training and employment.

[1:369:1953]—(NRS A 1963, 316; 1993, 2789; 2003, 2629)

NRS 426.020 Liberal construction. The provisions of this chapter shall be liberally construed to effect their objects and purposes.

[3:369:1953]—(NRS A 1963, 316)

NRS 426.031 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 426.045 to 426.099, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1981, 1916; A 1987, 823; 1993, 1616; 1995, 1992; 2003, 2974)

NRS 426.045 “Bureau” defined. “Bureau” means the Bureau of Services to Persons Who Are Blind or Visually Impaired in the Division.

(Added to NRS by 1981, 1916; A 1997, 1170)

NRS 426.061 “Department” defined. “Department” means the Department of Employment, Training and Rehabilitation.

(Added to NRS by 1981, 1916; A 1993, 1616)

NRS 426.065 “Director” defined. “Director” means the Director of the Department.

(Added to NRS by 1981, 1916)

NRS 426.068 “Disability” defined. “Disability” means, with respect to a person:

1. A physical or mental impairment that substantially limits one or more of the major life activities of the person;

2. A record of such an impairment; or

3. Being regarded as having such an impairment.

(Added to NRS by 2003, 2973)

NRS 426.071 “Division” defined. “Division” means the Rehabilitation Division of the Department.

(Added to NRS by 1981, 1916)

NRS 426.082 “Person who is blind” defined. “Person who is blind” means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

(Added to NRS by 1981, 1916)

NRS 426.084 “Person who is deaf” defined. “Person who is deaf” means any person who, by reason of the loss or impairment of hearing, has an aural disability which limits, contributes to limiting or which, if not corrected, will probably result in limiting the activities or functions of the person.

(Added to NRS by 1981, 1916; A 2003, 2630)

NRS 426.097 “Service animal” defined. “Service animal” has the meaning ascribed to it in 28 C.F.R. § 36.104 and includes a miniature horse that has been trained to do work or perform tasks for the benefit of a person with a disability.

(Added to NRS by 1995, 1992; A 1999, 2515; 2003, 2630, 2974; 2015, 270)

NRS 426.099 “Service animal in training” defined. “Service animal in training” means a dog or a miniature horse that is being trained as a service animal.

(Added to NRS by 2003, 2973; A 2015, 270)

EXPEDITED SERVICE PERMITS

NRS 426.401 Definitions. As used in NRS 426.401 to 426.461, inclusive, unless the context otherwise requires, the words and terms defined in NRS 426.411, 426.421 and 426.431 have the meanings ascribed to them in those sections.

(Added to NRS by 1999, 1158)

NRS 426.411 “Department” defined. “Department” means the Department of Motor Vehicles.

(Added to NRS by 1999, 1158; A 2001, 2610)

NRS 426.421 “Expedited service permit” defined. “Expedited service permit” means a permit that:

1. Is issued by the Department pursuant to the provisions of NRS 426.441 to a person with a permanent disability; and

2. Entitles the person to expedited service pursuant to the provisions of NRS 426.451.

(Added to NRS by 1999, 1158)

NRS 426.431 “Person with a permanent disability” defined. “Person with a permanent disability” means a person:

1. With a disability which limits or impairs the ability to walk, as defined in NRS 482.3835; and

2. Whose disability has been certified by a licensed physician as irreversible.

(Added to NRS by 1999, 1158)

NRS 426.441 Application; issuance; requirements; review of eligibility; fee; regulations.

1. A person with a permanent disability may apply to the Department for an expedited service permit. The application must:

(a) Be submitted on a form approved by the Department; and

(b) Include a statement from a licensed physician certifying that the applicant is a person with a permanent disability.

2. Upon receipt of a completed application pursuant to subsection 1 and the payment of any required fee, the Department shall issue a permit to the applicant. The permit must:

(a) Set forth the name and address of the person to whom it is issued;

(b) Include a colored photograph of the applicant and the international symbol of access which must be white on a blue background;

(d) Be the same size as a driver’s license issued by the Department pursuant to the provisions of chapter 483 of NRS.

3. A permit is valid for 10 years after the date of issuance.

4. The Department may:

(a) At any time review its determination of whether a holder of a permit is eligible for issuance of the permit pursuant to the provisions of this section. If the Department determines that a holder of a permit is not eligible for issuance of the permit, the Department shall notify the person of that fact in writing. Upon receipt of the notice, the holder shall, as soon as practicable, surrender the permit to the Department.

(b) Charge a fee for the issuance of a permit pursuant to the provisions of this section.

(Added to NRS by 1999, 1158; A 2005, 231)

NRS 426.451 Presentation to officer or employee of state agency; duty of officer or employee to provide expedited services.

1. A person to whom an expedited service permit is issued pursuant to the provisions of NRS 426.441, or a person who is assisting him or her, may present the permit to any officer or employee of a state agency who is, at the time the permit is presented, providing any services of the agency to the public. The permit must be presented during the regular business hours of the agency.

2. Upon presentation of the permit, the officer or employee to whom the permit is presented shall, before serving any other person who is waiting to receive services, serve or otherwise accommodate the person to whom the permit is issued.

(Added to NRS by 1999, 1159)

NRS 426.461 Unlawful acts; penalty.

1. It is unlawful for a person, other than a person to whom an expedited service permit is issued pursuant to the provisions of NRS 426.441, to use or attempt to use such a permit to obtain services from a state agency pursuant to the provisions of NRS 426.451.

2. A person who violates a provision of this subsection is guilty of a misdemeanor.

(Added to NRS by 1999, 1159)

USE OF SERVICE ANIMALS AND WHITE OR METALLIC CANES

NRS 426.510 Restrictions on use of service animal and white or metallic cane; duties of pedestrian; penalty.

1. Except as otherwise provided in subsections 2, 3 and 4, a person shall not:

(a) Use a service animal; or

(b) Carry or use on any street or highway or in any other public place a cane or walking stick which is white or metallic in color, or white tipped with red.

2. A person who is blind may use a service animal and a cane or walking stick which is white or metallic in color, or white tipped with red.

3. A person who is deaf may use a service animal.

4. A person with a disability not described in subsection 2 or 3 may use a service animal.

5. Any pedestrian who approaches or encounters a person who is blind using a service animal or carrying a cane or walking stick, white or metallic in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the person who is blind.

6. Any person other than a person who is blind who:

(a) Uses a service animal or carries a cane or walking stick such as is described in this section, contrary to the provisions of this section;

(b) Fails to heed the approach of a person using a service animal or carrying such a cane as is described by this section;

(c) Fails to come to a stop upon approaching or coming in contact with a person so using a service animal or so carrying such a cane or walking stick; or

(d) Fails to take precaution against accident or injury to such a person after coming to a stop as provided for in this section,

Ê is guilty of a misdemeanor.

7. This section does not apply to any person who is instructing a person who is blind, person who is deaf or person with any other disability or training a service animal.

[1:58:1939; 1931 NCL § 2323] + [2:58:1939; 1931 NCL § 2323.01] + [3:58:1939; 1931 NCL § 2323.02]—(NRS A 1969, 511; 1981, 670, 1916; 1987, 823; 1995, 1992; 2003, 2630, 2974; 2005, 626; 2015, 270, 1673)

NRS 426.515 Failure to carry white or metallic cane or use service animal as evidence of contributory negligence in action against common carrier or place of public accommodation. The failure of a:

1. Person who is blind to carry a white or metallic colored cane or to use a service animal;

2. Person who is deaf to use a service animal; or

3. Person with a disability not described in subsection 1 or 2 to use a service animal,

Ê does not constitute contributory negligence per se, but may be admissible as evidence of contributory negligence in a personal injury action by that person against a common carrier or any other means of public conveyance or transportation or a place of public accommodation as defined by NRS 651.050 when the injury arises from the person who is blind, person who is deaf or person with any other disability making use of the facilities or services offered by the carrier or place of public accommodation.

(Added to NRS by 1971, 807; A 1981, 1917; 1987, 824; 1995, 1993; 2003, 2631; 2005, 627; 2015, 271)

BUREAU OF SERVICES TO PERSONS WHO ARE BLIND OR VISUALLY IMPAIRED

NRS 426.517 Purposes of provisions. The purposes of NRS 426.517 to 426.610, inclusive, are to:

1. Provide vocational rehabilitation services to persons who are blind so that they may prepare for and engage in competitive integrated employment;

2. Promote vocational rehabilitation services and related activities which will assist persons who are blind to reach their fullest potential; and

3. Encourage and develop facilities and other resources needed by persons who are blind to engage in competitive integrated employment.

(Added to NRS by 2017, 260)

NRS 426.518 Definitions. As used in NRS 426.517 to 426.610, inclusive, the words and terms defined in NRS 426.519 to 426.526, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2005, 112; A 2017, 260)

NRS 426.519 “Administrator” defined. “Administrator” means the Administrator of the Division.

(Added to NRS by 2005, 112)

NRS 426.5192 “Competitive integrated employment” defined. “Competitive integrated employment” has the meaning ascribed to it in 29 U.S.C. § 705.

(Added to NRS by 2017, 260)

NRS 426.520 “Person who is blind” further defined. “Person who is blind” means a person who:

1. Is described in NRS 426.082; and

2. Has a loss or impairment of eyesight which constitutes a substantial impediment to employment for which vocational rehabilitation services:

(a) May reasonably be expected to prepare the person to engage in competitive integrated employment which is consistent with the abilities of the person; or

(b) Are necessary to determine the rehabilitation potential of the person.

(Added to NRS by 1957, 781; A 1959, 148; 1963, 920; 1965, 771; 1967, 1162; 1973, 1388; 1981, 1917; 2005, 114; 2017, 260)

NRS 426.523 “Substantial impediment to employment” defined. “Substantial impediment to employment” means that a loss or impairment of eyesight, in light of attendant medical, psychological, vocational, cultural, social or environmental factors, hampers a person’s occupational performance by preventing the person from obtaining, retaining or preparing for competitive integrated employment consistent with the capabilities and abilities of the person.

(Added to NRS by 2017, 260)

NRS 426.526 “Vocational rehabilitation services” defined. “Vocational rehabilitation services” means any goods and services necessary to prepare a person who is blind to engage in competitive integrated employment or to determine the rehabilitation potential of the person.

(Added to NRS by 2017, 260)

NRS 426.531 Administration by Department. The Department, through the Director, shall administer the provisions of NRS 426.517 to 426.610, inclusive, as the sole agency in the State for such purpose.

(Added to NRS by 1973, 1388; A 2017, 261)

NRS 426.550 Administrator as head of Bureau; powers and duties of Bureau.

1. The Bureau must be headed by the Administrator.

2. The Bureau shall:

(a) Assist persons who are blind in achieving physical and psychological orientation and inform persons who are blind of available services to assist persons who are blind in achieving their vocational goals.

(b) Provide intensive programs of education, training, job development, physical restoration and such other services and equipment as may prepare persons who are blind to engage in competitive integrated employment.

(c) Provide vocational rehabilitation services directly or through other governmental entities or persons to any person who is blind, including any person who is blind who is eligible under the terms of an agreement or arrangement with the Federal Government, another state or an Indian tribe.

3. The Bureau may:

(a) Provide for treatment or operations to prevent blindness or restore vision to recipients of services to persons who are blind who request and are eligible for such services under federal law and make written application for such treatment or operations; and

(b) Pay for necessary expenses incurred in connection with the diagnosis and treatment provided under paragraph (a).

4. As used in this section, “state” includes, without limitation, the District of Columbia, Puerto Rico, the United States Virgin Islands and Guam.

(Added to NRS by 1957, 782; A 1959, 148; 1963, 318, 1183; 1965, 771; 1967, 1162; 1973, 1388; 1975, 1008; 2005, 114, 627; 2017, 261)

NRS 426.555 Administrator to prepare required reports. Subject to the approval of the Director, the Administrator or a representative designated by the Administrator shall prepare reports for the Federal Government pursuant to the Vocational Rehabilitation Act Amendments of 1965, Title 29 of U.S.C., as amended, any future amendments thereof and the regulations promulgated thereunder.

(Added to NRS by 1967, 803; A 1973, 419, 1389; 1975, 68; 2005, 114)

NRS 426.560 Regulations.

1. Subject to the approval of the Department, the Division shall direct the Bureau to adopt administrative regulations to enforce the provisions of this chapter related to services for persons who are blind, which regulations must not conflict with the provisions of this chapter.

2. The regulations must recognize that the vocational needs and problems of persons who are blind are unique to them and may differ materially from the vocational needs and problems of other persons.

(Added to NRS by 1957, 782; A 1963, 319, 1183; 1965, 771; 1967, 1162; 1973, 1389; 1981, 1918; 2005, 628; 2017, 261)

NRS 426.561 Authority of Division to adopt, amend and repeal policies; public meeting required.

1. To the extent required by 34 C.F.R. § 361.50, the Division may adopt, amend and repeal policies concerning the nature and scope of vocational rehabilitation services provided to persons who are blind.

2. Any adoption, amendment or repeal of a policy pursuant to subsection 1 must occur at a public meeting held in compliance with the provisions set forth in chapter 241 of NRS concerning open meetings.

(Added to NRS by 2017, 260)

NRS 426.563 Costs of administration. Costs of administration of NRS 426.517 to 426.715, inclusive, shall be paid out on claims presented by the Bureau in the same manner as other claims against the State are paid.

(Added to NRS by 1967, 1579; A 1973, 1389; 2021, 839)

NRS 426.567 State Grant and Gift Account for Persons Who Are Blind.

1. All gifts of money which the Bureau is authorized to accept must be deposited in the State Treasury for credit to the State Grant and Gift Account for Persons Who Are Blind in the Department of Employment, Training and Rehabilitation’s Gift Fund.

2. The State Grant and Gift Account must be used for the purposes specified by the donor or for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the Bureau.

3. All claims must be approved by the Administrator before they are paid.

(Added to NRS by 1967, 804; A 1973, 1390; 1979, 621; 1981, 77; 1993, 1617; 2005, 114)

NRS 426.570 Employees.

1. All employees of the Bureau are directly responsible to the Administrator.

2. Such employees must consist of persons skilled in the vocational rehabilitation of persons who are blind to allow such persons to engage in competitive integrated employment.

(Added to NRS by 1957, 782; A 1963, 921; 1965, 771; 1973, 1390; 2005, 115; 2017, 261)

NRS 426.573 Confidentiality of information concerning applicant for or recipient of services; exceptions; penalty.

1. Except as otherwise provided in subsection 2, a person shall not solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning persons who are blind applying for or receiving any services directly or indirectly derived from the records, papers, files or communications of the Bureau, or acquired in the course of the performance of its official duties.

2. Information with respect to any individual applying for or receiving services for persons who are blind may be received, used or disclosed by the Bureau or any of its employees to any person, association or body:

(a) If such receipt, use or disclosure is related directly to carrying out the provisions of NRS 426.517 to 426.610, inclusive;

(b) As required by statute, regulation or court order;

(c) To protect an applicant, recipient or other person if the applicant or recipient poses a threat to his or her own safety or the safety of others; or

(d) Upon written permission of the applicant or recipient.

3. A person who violates the provisions of this section is guilty of a misdemeanor.

(Added to NRS by 1967, 805; A 1973, 1390; 2005, 628; 2017, 262)

NRS 426.575 Payment of allowance for maintenance to trainee in advance. When a person who is blind who is eligible to receive a maintenance allowance while pursuing a training program administered by the Bureau is accepted for such a training program, the Bureau may in its discretion pay any installment of such maintenance allowance in advance, based upon the amount allowed to the person, and adjust any succeeding payment to reflect actual duration of training during the period for which such advance was made.

(Added to NRS by 1967, 876; A 1973, 1391)

NRS 426.590 Bureau as licensing agency under federal law. The Bureau is hereby designated as the licensing agency for the purposes of 20 U.S.C. §§ 107a to 107f, inclusive, and acts amendatory thereto, and the Bureau is authorized to comply with such requirements as may be necessary to qualify for federal approval and achieve maximum federal participation in the Vending Facility Program established by NRS 426.630 to 426.715, inclusive, under such federal statutes.

(Added to NRS by 1957, 782; A 1965, 772; 1973, 1391; 1975, 127; 2021, 839)

NRS 426.600 Denial of services prohibited; exceptions.

1. Unless comparable services and benefits must be used pursuant to 34 C.F.R. § 361.53, no person who is blind who may benefit from services authorized under NRS 426.517 to 426.610, inclusive, and is eligible to receive such services under federal law may be denied such services except the services for which a determination of economic need is required by the policies adopted pursuant to NRS 426.561.

2. As used in this section, “comparable services and benefits” has the meaning ascribed to it in 34 C.F.R. § 361.5.

(Added to NRS by 1957, 782; A 1963, 319; 1967, 1056; 1981, 1904; 2017, 262)

NRS 426.610 Fair hearing before hearing officer; judicial review.

1. A person who is blind applying for or receiving services from the Bureau who is aggrieved by an act, determination or omission of the Bureau is entitled, in accordance with regulations, to a fair hearing before a hearing officer.

2. A person who is blind who is aggrieved by the decision of a hearing officer is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.

(Added to NRS by 1957, 782; A 1959, 148; 1963, 921; 1965, 772; 1967, 1163; 1973, 1391; 1989, 1654; 2005, 628; 2017, 262)

VENDING FACILITY PROGRAM

NRS 426.630 Definitions. As used in NRS 426.630 to 426.715, inclusive, unless the context otherwise requires:

1. “Licensee” means a person who is blind and who is licensed by the Bureau to operate a vending facility in or on a public building or property or on federal property.

2. “Nevada Committee of Vendors Who Are Blind” means the Committee of Vendors Who Are Blind elected pursuant to NRS 426.670 and 34 C.F.R. § 395.14.

3. “Operate” means to be responsible for the day-to-day operation of a vending facility, including, without limitation, purchasing products for resale, hiring employees and performing other duties associated with managing a vending facility.

4. “Public building or property”:

(a) Except as otherwise provided in paragraph (b), means any portion of any building, land or other real property, owned, leased or occupied by any public entity except public elementary and secondary schools, the Nevada System of Higher Education, the Nevada State Park System, the Department of Corrections, an airport authority operating in this State and a department of aviation which is operated by a political subdivision of this State.

(b) Does not include any building, land or other real property that is:

(1) Leased to a private entity; or

(2) Operated pursuant to an operating agreement,

Ê for the purposes of live entertainment, as defined in NRS 368A.090.

5. “Public entity” means any department, agency or political subdivision of the State, any department or agency of a political subdivision of the State or any public or quasi-public corporation that is supported in whole or in part by public money. The term includes, without limitation, a regional transportation commission, an irrigation district or water district created under the laws of the State of Nevada, and all boards, commissions and committees created by a public entity or the Legislature.

6. “Vending facility” means an automatic vending machine, cafeteria, snack bar, cart service, shelter, counter and other appropriate auxiliary equipment that is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages and other articles or services dispensed or provided automatically or manually. The term includes, without limitation, the vending or exchange of tickets or similar items for participation in any lottery that is authorized under the laws of this State and is conducted by an agency of this State within this State.

7. “Vending Facility Program” means the program established by NRS 426.630 to 426.715, inclusive, to provide for the operation of vending facilities by licensees.

(Added to NRS by 1959, 169; A 1961, 330; 1963, 921; 1965, 772; 1967, 1163; 1969, 1448; 1973, 73, 1392, 1495; 1981, 1918; 1985, 2313; 1987, 1741; 1993, 401; 2001 Special Session, 239; 2021, 840)

NRS 426.640 Operation of vending facilities by licensees; priority of right in or on certain public buildings or properties; waiver of priority.

1. For the purposes of providing persons who are blind with remunerative employment, enlarging the economic opportunities of persons who are blind and stimulating persons who are blind to greater efforts to make themselves self-supporting with independent livelihoods, such persons licensed under the provisions of NRS 426.630 to 426.715, inclusive, by the Bureau:

(a) Except as otherwise provided in subsection 2, have priority of right to operate vending facilities in or on any public buildings or properties where the locations are determined by the Bureau to be suitable, pursuant to the procedure provided in NRS 426.630 to 426.715, inclusive. The Bureau, on behalf of licensees, has the right of first refusal with regard to the operation of any vending facility in or on any public building or property. Any agreement to operate a vending facility entered into on or after July 1, 2021, by a public entity that has care, custody and control of a public building or property with an entity other than the Bureau is void if the Bureau notifies the public entity that it intends to exercise the priority established by this paragraph.

(b) May operate vending facilities in or on buildings or properties of the Nevada State Park System, with the approval of the Bureau and the Administrator of the Division of State Parks.

(1) If the Director of the Department of Corrections voluntarily chooses to have the Department of Corrections participate in the Vending Facility Program; and

(2) With the approval of the Bureau and the Department of Corrections.

(d) May operate vending facilities in or on buildings or properties of the Nevada System of Higher Education, including, without limitation, in or on buildings or properties of a university, state college or community college within the System, with the approval of the Bureau and the System or the university, state college or community college having care, custody and control of the building or property.

(e) May operate vending facilities in or on a public building or property of an airport authority operating in this State or a department of aviation operated by a political subdivision of this State if:

(1) The airport authority or department of aviation, as applicable, chooses to participate in the Vending Facility Program; and

(2) That participation complies with all local, state and federal statutes and regulations that govern the operations of the public building or property of the airport authority or department of aviation, as applicable.

2. Upon determining that a location is not suitable for a vending facility to be operated by a licensee, the Bureau may waive the priority established by paragraph (a) of subsection 1. The waiver must:

(a) Be in writing;

(b) Set forth the conditions under which the waiver may be revoked or modified; and

(Added to NRS by 1959, 169; A 1963, 922; 1965, 773; 1973, 73, 1393; 1985, 2313; 2021, 841)

NRS 426.650 Notice to Bureau by public entity of location of and license, permit and lease for any vending facility. Each head of the public entity that has care, custody and control of public buildings or properties shall:

1. Not less than 60 days prior to the request for proposals concerning, occupation of, reactivation of, leasing of, re-leasing of, licensing of or issuance of a permit for operation of any vending facility in or on a public building or property, inform the Bureau of such contemplated action.

2. Inform the Bureau of any locations where such vending facilities are planned in or about other public buildings or properties as may now or thereafter come under the jurisdiction of a public entity, such information to be given not less than 60 days prior to the request for proposals concerning, occupation of, reactivation of, leasing of, re-leasing of, licensing of or issuance of a permit for operation of any vending facility in or on such public building or property.

(Added to NRS by 1959, 170; A 1963, 922; 1965, 773; 1973, 1393; 2021, 842)

NRS 426.660 Acquisition, construction, remodeling or improvement of public building: Planning for vending facility. To effectuate further the purposes of NRS 426.630 to 426.715, inclusive, when new construction, remodeling, leasing, acquisition or improvement of public buildings or properties is authorized, consideration must be given to planning and making available suitable space and facilities for the establishment of at least one vending facility to be operated by a licensee. Written notice must be given to the Bureau by the person or agency having charge of the planning and design of any such project within 30 days after the commencement of the planning and design of the project.

(Added to NRS by 1959, 170; A 1973, 73, 1393; 1989, 1596; 2021, 842)

NRS 426.665 Construction of building by Bureau; approval of Legislature. If a suitable location is available for a vending facility which requires the construction of a permanent building, the Bureau may construct such building, but only after obtaining approval of the Legislature.

(Added to NRS by 1961, 330; A 1965, 773; 1973, 1393; 2021, 842)

1. The Bureau shall:

(a) Make surveys of public buildings and properties to determine their suitability as locations for vending facilities to be operated by licensees and advise the heads of the public entities that have care, custody and control of the public buildings or properties of its findings.

(b) Select, train, license and assign qualified persons who are blind to operate vending facilities.

(c) Except as otherwise provided in this paragraph, execute agreements with licensees to operate vending facilities. The agreements must prescribe the responsibilities of the licensee and the Bureau to ensure the efficient operation of the vending facility. The Bureau shall not execute an agreement which obligates the Bureau, under any circumstances, to make payments on a loan to a licensee.

(d) Provide for the election of the Nevada Committee of Vendors Who Are Blind by licensees in this State in accordance with 34 C.F.R. § 395.14.

(e) Establish and effectuate such regulations as it may deem necessary to carry out the purposes of NRS 426.630 to 426.715, inclusive, and ensure the proper and satisfactory operation of vending facilities. The regulations must provide a method for setting aside money from the net proceeds of vending facilities and provide for the payment and collection thereof.

2. If a survey conducted pursuant to paragraph (a) of subsection 1 indicates that a public building or property is a suitable location for a vending facility to be operated by a licensee and the Bureau wishes to exercise, on behalf of the licensee, the priority of the licensee, the public entity that has care, custody and control of the public building or property shall cooperate with the Bureau to discuss options for a vending facility. If the public entity reaches agreement with the Bureau regarding the operation of a vending facility at the location, the public entity shall cooperate with the Bureau to ensure the establishment of one or more vending facilities in or on the public building or property. The Bureau may enter into a contract with such a public entity concerning the operation of the vending facilities.

3. The Bureau may enter into contracts with third-party vendors to establish and operate vending facilities when a licensee is not available, the projected sales are insufficient to support a licensee or other extenuating circumstances exist. These contracts must include provisions for the payment of money to the Bureau based on net proceeds from the vending facilities. The Bureau may:

(a) Assign the money to licensees for the maintenance of their incomes; or

(b) Use the money for any purpose authorized by NRS 426.675.

4. The Bureau may, by regulation, provide:

(a) Methods for recovering the cost of establishing vending facilities.

(b) Penalties for failing to file reports or make payments required by NRS 426.630 to 426.715, inclusive, or a regulation adopted pursuant to those sections when they are due.

(d) Procedures to terminate the license of a licensee who is improperly operating a vending facility.

(e) A process for providing an opportunity for a hearing for a licensee who is aggrieved by an action of the Bureau.

(f) A process for active participation by the Nevada Committee of Vendors Who Are Blind in major administrative decisions concerning the Vending Facility Program.

5. A public entity that has care, custody and control of a public building or property in or on which a vending facility is established:

(a) Except as otherwise authorized by a contract entered into pursuant to subsection 6, shall not require the Bureau, a licensee or a third-party vendor to pay any rent, fee, utility charge, commission, incentive or assessment related to the vending facility. Such a prohibited payment includes, without limitation, a fee for the maintenance of landscaping or a common area.

(b) May enter into an agreement with the Bureau to recover the increases in utility costs where there is a direct, measurable and proportional increase in such costs as a result of the operation of the vending facility.

6. The Bureau may, at its discretion, enter into a contract with a public entity that has care, custody and control of a public building or property that contains provisions that are less restrictive than the provisions of this section, including, without limitation, provisions for the payment of an incentive by a licensee to the public entity, if the Bureau, in its discretion, determines that the circumstances justify such less restrictive provisions. The establishment of a vending facility must not, under any circumstances, be contingent upon the payment of an incentive to a public entity. The Bureau shall not agree to any payment that reduces the profits of the vending facility to the extent that the vending facility is not viable.

7. Any provision in a lease, licensing agreement, contract or other agreement relating to a vending facility established pursuant to this section that conflicts with this section is void.

(Added to NRS by 1959, 170; A 1961, 331; 1963, 923; 1965, 774; 1973, 74, 1394; 1975, 199; 1983, 298; 1993, 103; 2013, 827; 2021, 842)

NRS 426.672 Powers and duties of Bureau concerning training.

1. The Bureau shall establish a training program for persons who wish to become licensees. The training must include, without limitation, a standard curriculum and on-the-job training while working for a vending facility.

2. The Bureau may designate not more than two vending facilities as training sites to be operated by the Bureau or a third-party vendor.

3. The Bureau may waive any training required pursuant to this section for a person who is blind and is otherwise qualified to operate a vending facility.

4. The Bureau shall:

(a) Provide licensees with upward mobility training; and

(b) Assist the Nevada Committee of Vendors Who Are Blind in sponsoring meetings and training conferences for licensees.

(Added to NRS by 2021, 839)

NRS 426.675 Business Enterprise Account for Persons Who Are Blind.

1. The Business Enterprise Account for Persons Who Are Blind is hereby created within the State General Fund and must be managed by the Administrator of the Division.

2. Money received by the Bureau under the provisions of NRS 426.670, except commissions assigned to licensees, must:

(a) Be deposited in the Business Enterprise Account for Persons Who Are Blind.

(b) Except as otherwise provided in subsection 5, remain in the Account and not revert to the State General Fund.

(1) Purchasing, maintaining or replacing vending facilities or the equipment therein;

(2) Maintaining a stock of equipment, parts, accessories and merchandise used or planned for use in the Vending Facility Program;

(3) Management services, including, without limitation, supervision, inspection, quality control, consultation, accounting, regulating, in-service training and other related services provided on a systematic basis to support and improve vending facilities; and

(4) Other purposes, consistent with NRS 426.640, as may be provided by regulation.

3. Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of the State Purchasing Act at the discretion of the Administrator of the Purchasing Division of the Department of Administration or his or her designated representative.

4. The Bureau shall:

(a) Maintain current inventory records of all equipment, parts, accessories and merchandise charged to the Business Enterprise Account for Persons Who Are Blind;

(b) Conduct a periodic physical count of all such equipment, parts, accessories and merchandise; and

5. If the Business Enterprise Account for Persons Who Are Blind is dissolved or the Vending Facility Program is terminated, the Administrator of the Division shall, within 60 days after the dissolution or termination:

(a) Provide an accounting of the money remaining in the Account to all licensees; and

(b) Distribute any money remaining in the Account to each licensee in proportion to the amount of time that the licensee has held his or her license.

Ê The Division shall, in consultation with the Nevada Committee of Vendors Who Are Blind or its successor organization, adopt regulations to carry out the provisions of this subsection.

6. Money from any source which may lawfully be used for the Vending Facility Program may be transferred or deposited by the Bureau to the Business Enterprise Account for Persons Who Are Blind.

7. The interest and income earned on the money in the Business Enterprise Account for Persons Who Are Blind, after deducting any applicable charges, must be credited to the Account.

(Added to NRS by 1961, 330; A 1963, 923; 1965, 774; 1973, 74, 1394; 1975, 199; 1977, 44; 1983, 1585; 1989, 1471; 1993, 1618; 2005, 115; 2013, 828; 2021, 844)

NRS 426.677 Management of money received from vending facility when licensee unavailable or temporarily unable to operate facility.

1. The Bureau may, in interim periods when a licensee is not available to operate a vending facility and its continuous operation is required, establish a checking account in a depository bank or credit union qualified to receive deposits of public money pursuant to chapter 356 of NRS. All money received from the vending facility during the interim period must be deposited to the account, and all expenses necessary to maintain the interim operation of the facility must be paid from the account.

2. If the licensee who operated the vending facility returns after a temporary disability less than 6 months after becoming unavailable to operate the vending facility because of the disability, the Bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the licensee.

3. If the licensee who operated the vending facility experiences a disability and is unable to return within 6 months after becoming unavailable to operate the vending facility because of the disability, the Bureau shall prepare a financial report and make a check in the amount of the balance of the account at the time at which the check is made but such amount must not exceed the amount of the balance of the account on the date 6 months after the date on which the licensee became unavailable to operate the vending facility payable to the licensee.

4. If a licensee, other than the one who previously operated the vending facility, is permanently assigned to the vending facility, the Bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the Business Enterprise Account for Persons Who Are Blind.

(Added to NRS by 1979, 330; A 1989, 1472; 1999, 1495; 2021, 845)

NRS 426.685 Establishment of vending facility in or on building or property that is not public building or property; owner of building may enter into contract requiring incentive pay.

1. The Bureau may establish a vending facility in or on a building or property that is not a public building or property if the owner of the building or property consents and enters into a contract with the Bureau.

2. Except as otherwise provided in this subsection, the owner of a building or property in or on which a vending facility is established pursuant to subsection 1 may enter into a contract with the Bureau that requires the licensee to pay an incentive to the owner of the building or property. An incentive may not be paid to the owner of a building or property with respect to a vending facility located in a portion of the building or property leased or rented to a public entity.

(Added to NRS by 1973, 72; A 1973, 1406; 2013, 829; 2021, 846)

NRS 426.690 Limitation on commodities, articles and services sold at vending facility. A vending facility operated under the provisions of NRS 426.630 to 426.715, inclusive, must be used solely for the vending of such commodities, articles and services as may be approved by the Bureau and the public entity that has care, custody and control of the public building or property in or on which the vending facility is operated.

(Added to NRS by 1959, 171; A 1963, 924; 1965, 775; 1973, 1395; 2021, 846)

NRS 426.695 Operator of vending facility may keep service animal on premises. A licensee who operates a vending facility pursuant to the provisions of NRS 426.630 to 426.715, inclusive, may keep a service animal with him or her at all times on the premises where that vending facility is located.

(Added to NRS by 1973, 1496; A 1995, 1993; 2005, 628; 2021, 846)

NRS 426.700 Applicability of laws and ordinances to licensee operating vending facility. A licensee operating a vending facility under the provisions of NRS 426.630 to 426.715, inclusive, is subject to:

1. The provisions of any and all laws and ordinances applying within the territory within which the vending facility is located, including those requiring a license or permit for the conduct of such business or any particular aspect thereof.

2. The provisions of chapter 446 of NRS.

(Added to NRS by 1959, 171; A 1961, 331; 2021, 847)

NRS 426.710 Management of operations of Program by nonprofit organization. The Bureau may, after actively consulting with the Nevada Committee of Vendors Who Are Blind, utilize an appropriate nonprofit organization organized under the laws of this State to manage any portion of the operations of the Vending Facility Program, including, without limitation, supervising or managing a licensee. Any such arrangement must comply with 34 C.F.R. § 395.15.

(Added to NRS by 1959, 171; A 1963, 924; 1965, 775; 1967, 1164; 1973, 1395; 1993, 1619; 2021, 847)

NRS 426.713 Resolution of certain disputes relating to Program: Complaint; hearing; judicial review of decision of hearing officer.

1. Except as otherwise provided in subsection 2, if a dispute arises between a public entity that has care, custody and control of a public building or property and the Bureau concerning any matter related to the Vending Facility Program, either party may file a complaint describing the dispute with the Hearings Division of the Department of Administration.

2. The Hearings Division may not:

(a) Hear a complaint concerning the status of a licensee or third-party vendor operating a vending facility under an agreement with the Bureau; or

(b) Award damages as a result of a hearing on a complaint filed pursuant to this section.

3. Not later than 30 days after a complaint is filed pursuant to subsection 1:

(a) The Hearings Division shall appoint a hearing officer; and

(b) The hearing officer shall set a date for a hearing.

4. Except as otherwise provided in this section, a hearing must be conducted in accordance with NRS 233B.121 to 233B.150, inclusive. The hearing officer may issue a ruling based on the briefs submitted by the parties without hearing additional evidence.

5. A decision of the hearing officer made pursuant to this section is a final decision for purposes of judicial review and may be appealed to the district court pursuant to the provisions of chapter 233B of NRS. Any such appeal must be filed not later than 30 days after the date of service of the final decision of the hearing officer.

(Added to NRS by 2021, 839)

NRS 426.715 Penalty for unlawful sale, solicitation or delivery of certain commodities in or on public building or property; exemptions. Any person who sells, solicits orders for or delivers, in or on any public building or property, any commodity which a licensee is authorized by the Bureau to sell is guilty of a misdemeanor except:

1. A person licensed by or under contract to the Bureau;

2. A person who delivers a commodity to a licensee or for the account of a licensee;

3. A person who is raising money for the charitable activities of a corporation organized for educational, religious, scientific, charitable or eleemosynary purposes under the provisions of chapter 82 of NRS;

4. Public employees jointly sharing in the cost of coffee or other beverages purchased by them for their own use, if there is no commercial arrangement for the delivery of products and supplies to the public building or property;

5. A public employee who is located in or on the public building or property and initiates an order or purchase of food or beverages for his or her own use from a restaurant which is not located in or on the public building or property;

6. A person who is delivering food or beverages from a restaurant to a public employee who is located in or on the public building or property pursuant to an order or purchase as described in subsection 5;

7. A person who is catering an event inside or otherwise delivering food or beverages to the Legislative Building; or

8. A person who is authorized to conduct such an activity under the terms of a contract, lease or other arrangement with a municipality pursuant to NRS 496.090. This subsection must not be construed to limit the priority of right established in NRS 426.640.

(Added to NRS by 1985, 890; A 1987, 768; 1991, 1316; 2003, 2095; 2021, 847)

PERSONAL ASSISTANCE FOR PERSONS WITH SEVERE FUNCTIONAL DISABILITIES

NRS 426.721 Definitions. As used in NRS 426.721 to 426.729, inclusive, unless the context otherwise requires, the words and terms defined in NRS 426.723 to 426.727, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2001, 3106; A 2009, 659; 2017, 1512)

NRS 426.723 “Minimum essential personal assistance” defined. “Minimum essential personal assistance” means the assistance of a person with a severe functional disability for 6 hours or less per day in:

1. Eating;

2. Bathing;

3. Toileting;

4. Dressing;

5. Moving about; and

6. Taking care of himself or herself.

(Added to NRS by 2001, 3106)

NRS 426.7235 “Nevada Commission on Services for Persons with Disabilities” defined. “Nevada Commission on Services for Persons with Disabilities” means the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211.

(Added to NRS by 2009, 655)

NRS 426.724 “Reasonably adequate state funding” defined. “Reasonably adequate state funding” means the amount of state funding that can reasonably be accommodated within state budgetary limitations, as determined by the Governor and the Legislature for each biennial session of the Legislature.

(Added to NRS by 2001, 3106)

NRS 426.725 “Recipient” defined. “Recipient” means a recipient of minimum essential personal assistance through a state personal assistance program.

(Added to NRS by 2001, 3106)

NRS 426.726 “Severe functional disability” defined. “Severe functional disability” means:

1. Any physical or mental condition pursuant to which a person is unable, without substantial assistance from another person, to eat, bathe and toilet.

2. A traumatic brain injury.

(Added to NRS by 2001, 3106; A 2007, 155)

NRS 426.727 “State personal assistance program” defined. “State personal assistance program” means a program established pursuant to NRS 422.396, 427A.250 or 427A.793.

(Added to NRS by 2001, 3106; A 2003, 2631; 2009, 2377)

NRS 426.728 State personal assistance programs required to make services available.

1. Each state personal assistance program must make available, within a reasonable period after receiving a request therefor and in accordance with any conditions upon the receipt of federal funding and considering the amount of reasonably adequate state funding, community-based services to provide minimum essential personal assistance to residents of this State with severe functional disabilities who would, with the provision of that assistance, be able to live safely and independently in their communities outside of an institutional setting.

2. The provisions of NRS 426.721 to 426.729, inclusive, must not be construed to:

(a) Prevent a person with a severe functional disability from receiving more than 6 hours of minimum essential personal assistance per day from a state personal assistance program if such assistance is available pursuant to the program; or

(b) Prevent a person with a disability other than a severe functional disability from receiving services from a state personal assistance program if such assistance is available pursuant to the program.

(Added to NRS by 2001, 3106; A 2017, 1512)

NRS 426.729 Duties of Director of Department of Health and Human Services. The Director of the Department of Health and Human Services, in consultation with the Nevada Commission on Services for Persons with Disabilities shall:

1. Determine the amount of state funding necessary each biennium to carry out NRS 426.728.

2. Ensure that the amount of funding determined to be necessary pursuant to subsection 1 is included in the budgetary request of the appropriate department or agency for the biennium, and that the budgetary request includes funding for any increase in the number of cases handled by the state personal assistance programs.

3. Establish a program to govern the services provided to carry out NRS 426.728, within the limitations of any conditions upon the receipt of state or federal funding, including:

(a) Minimum standards for the provision of minimum essential personal assistance, including, to the extent authorized by state and federal law, the provision of services in accordance with NRS 629.091;

(b) Minimum qualifications and training requirements for providers of minimum essential personal assistance;

(d) The development of an individual service plan for the provision of minimum essential personal assistance to each recipient;

(e) Procedures to appeal the denial or modification of an individual service plan for the provision of minimum essential personal assistance and to resolve any disputes regarding the contents of such a plan;

(f) Continuous monitoring of the adequacy and effectiveness of the provision of minimum essential personal assistance to each recipient;

(g) Mandatory requirements and procedures for reporting the abuse, neglect or exploitation of a recipient;

(h) The receipt of meaningful input from recipients, including surveys of recipients, regarding the extent to which recipients are receiving the services described in their individual service plans and their satisfaction with those services; and

(i) Continuing procedures for soliciting public input regarding the development, implementation and review of the program.

4. Review and modify the program established pursuant to subsection 3 as appropriate to provide recipients with as much independence and control over the provision of minimum essential personal assistance as is feasible.

(Added to NRS by 2001, 3107; A 2003, 2631; 2007, 155; 2009, 659; 2019, 1012)

MISCELLANEOUS PROVISIONS

NRS 426.740 Refueling of vehicle for driver with physical disability; charging greater price for fuel prohibited; exception; penalty.

1. Every person who operates a service station or retail store which sells fuel for motor vehicles to the public shall, upon request, refuel a vehicle for a driver with a physical disability.

2. The price of the fuel charged to such a driver must not be greater than the price which would be charged to any other person for the fuel if that person had personally refueled the vehicle.

3. This section does not apply to a service station or a retail store which sells fuel if the service station or retail store does not provide a person to refuel the motor vehicles of its customers.

4. A person who violates any provision of this section is guilty of a misdemeanor.

(Added to NRS by 1987, 545; A 2003, 2633)

PENALTIES

1. A person shall not:

(a) Without legal justification, interfere with, or allow a dog or other animal the person owns, harbors or controls to interfere with, the use of a service animal or service animal in training by obstructing, intimidating or otherwise jeopardizing the safety of the service animal or service animal in training or the person using the service animal or service animal in training.

(b) Willfully and maliciously beat a service animal or service animal in training.

2. Unless a greater penalty is provided in NRS 206.150, a person who violates:

(a) Paragraph (a) of subsection 1 is guilty of a gross misdemeanor.

(b) Paragraph (b) of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

3. A person who violates paragraph (a), (b) or (c) of subsection 1 is, in addition to any criminal penalty that may be imposed, civilly liable to the person against whom the violation was committed as provided in NRS 426.820.

4. In addition to any other penalty, the court shall order a person convicted of a violation of paragraph (a), (b) or (c) of subsection 1 to pay restitution to the person who has the disability or the person who has custody or ownership of the service animal or service animal in training for any veterinary bills, and for the replacement cost of the service animal or service animal in training if it was killed or disabled or has become mentally or physically unable to perform its duties. The restitution must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.

(Added to NRS by 1981, 1916; A 1987, 824; 1995, 1993; 1999, 2516; 2001, 2891; 2003, 2975; 2005, 628)

NRS 426.800 Fraudulent acts: Penalty; presumption.

1. Except as otherwise provided in NRS 426.461, a person who knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, services to which he or she is not entitled, or services greater than those to which he or she is entitled, with the intent to defeat the purposes of this chapter, is guilty of a gross misdemeanor.

2. For the purposes of subsection 1, if a recipient of services pursuant to the provisions of this chapter receives an overpayment for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the Bureau of a change in his or her circumstances which would affect the amount of services the person receives, a rebuttable presumption arises that the payment was fraudulently received.

(Added to NRS by 1969, 483; A 1973, 1406; 1975, 1009; 1993, 1619; 1999, 1159)

NRS 426.805 Fraudulent misrepresentation of animal as service animal or service animal in training unlawful; penalty.

1. It is unlawful for a person to fraudulently misrepresent an animal as a service animal or service animal in training.

2. A person convicted of fraudulently misrepresenting an animal as a service animal or service animal in training is guilty of a misdemeanor and shall be punished by a fine of not more than $500.

(Added to NRS by 2005, 626)

1. It is unlawful for a person to allow a dog or other animal that the person owns, harbors or controls to cause injury to or the death of any service animal or service animal in training, or to endanger or cause injury to a person who has a disability and is accompanied by a service animal or a person who trains service animals and is accompanied by a service animal in training.

2. Any person, including, without limitation, any firm, association or corporation, who violates the provisions of subsection 1:

(a) Is guilty of a misdemeanor and shall be punished by a fine of not more than $500; and

(b) In addition to any criminal penalty that may be imposed, is civilly liable to the person against whom the violation was committed as provided in NRS 426.820.

3. In addition to any other penalty, the court shall order a person convicted of a violation of subsection 1 to pay restitution to the person who has the disability or the person who has custody or ownership of the service animal or service animal in training for any veterinary bills, and for the replacement cost of the service animal or service animal in training if it was killed or disabled or has become mentally or physically unable to perform its duties. The restitution must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.

(Added to NRS by 2003, 2973; A 2005, 629)

NRS 426.820 Civil liability for engaging in certain prohibited acts concerning service animals or service animals in training.

1. In addition to any criminal penalty that may be imposed, any person, including, without limitation, any firm, association or corporation, who violates the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 426.790 or subsection 1 of NRS 426.810 is civilly liable to the person against whom the violation was committed for:

(a) Actual damages;

(b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

2. The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.

(Added to NRS by 2003, 2973; A 2005, 629)