[Rev. 11/22/2013 9:51:25 AM--2013]
[NAC-615 Revised Date: 12-06]
CHAPTER 615 - VOCATIONAL REHABILITATION
GENERAL PROVISIONS
615.011 Definitions.
615.014 “Administrator” defined.
615.021 “Bureau” defined.
615.031 “Vocational rehabilitation services” defined.
RESOLUTION OF GRIEVANCES
615.105 Request for hearing; request for resolution by alternate means; informal discussions.
615.115 Assignment of and conduct of hearing by hearing officer; continuance of hearing.
615.125 Submission of statements by parties before hearing.
615.135 Representation of aggrieved party at hearing.
615.145 Rules of evidence.
615.155 Rights of parties at hearing; order of presentation.
615.165 Decision of hearing officer: Issuance; appeal.
615.175 Transcript of proceedings.
GENERAL PROVISIONS
NAC 615.011 Definitions. (NRS 615.150, 615.280) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 615.014, 615.021 and 615.031 have the meanings ascribed to them in those sections.
(Added to NAC by Dep’t of Employm’t, Training & Rehab. by R229-05, eff. 6-28-2006)
NAC 615.014 “Administrator” defined. (NRS 615.150, 615.280) “Administrator” has the meaning ascribed to it in NRS 615.023.
(Added to NAC by Dep’t of Employm’t, Training & Rehab. by R229-05, eff. 6-28-2006)
NAC 615.021 “Bureau” defined. (NRS 615.150, 615.280) “Bureau” has the meaning ascribed to it in NRS 615.031.
(Added to NAC by Dep’t of Employm’t, Training & Rehab. by R229-05, eff. 6-28-2006)
NAC 615.031 “Vocational rehabilitation services” defined. (NRS 615.150, 615.280) “Vocational rehabilitation services” has the meaning ascribed to it in NRS 615.140.
(Added to NAC by Dep’t of Employm’t, Training & Rehab. by R229-05, eff. 6-28-2006)
RESOLUTION OF GRIEVANCES
NAC 615.105 Request for hearing; request for resolution by alternate means; informal discussions. (NRS 615.150, 615.280)
1. Except as otherwise provided in this subsection, a person applying for or receiving vocational rehabilitation services who is aggrieved by a decision of the Administrator or Bureau may, not later than 60 days after he receives notice of the decision, submit a written request to the Administrator or his designee for a hearing conducted pursuant to NRS 615.280. 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 Administrator or Bureau may, not later than 30 days after he receives notice of the decision, 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 vocational rehabilitation services who is aggrieved by a decision of the Administrator or 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 Dep’t of Employm’t, Training & Rehab. by R229-05, eff. 6-28-2006)
NAC 615.115 Assignment of and conduct of hearing by hearing officer; continuance of hearing. (NRS 615.150, 615.280)
1. The Administrator or his designee shall, after receiving a request for a hearing pursuant to subsection 1 of NAC 615.105, 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 615.105, 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 Dep’t of Employm’t, Training & Rehab. by R229-05, eff. 6-28-2006)
NAC 615.125 Submission of statements by parties before hearing. (NRS 615.150, 615.280) 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 Dep’t of Employm’t, Training & Rehab. by R229-05, eff. 6-28-2006)
NAC 615.135 Representation of aggrieved party at hearing. (NRS 615.150, 615.280) 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 Dep’t of Employm’t, Training & Rehab. by R229-05, eff. 6-28-2006)
NAC 615.145 Rules of evidence. (NRS 615.150, 615.280) 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 Dep’t of Employm’t, Training & Rehab. by R229-05, eff. 6-28-2006)
NAC 615.155 Rights of parties at hearing; order of presentation. (NRS 615.150, 615.280) 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 Dep’t of Employm’t, Training & Rehab. by R229-05, eff. 6-28-2006)
NAC 615.165 Decision of hearing officer: Issuance; appeal. (NRS 615.150, 615.280)
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 Dep’t of Employm’t, Training & Rehab. by R229-05, eff. 6-28-2006)
NAC 615.175 Transcript of proceedings. (NRS 615.150, 615.280) Upon the request of a party, the Bureau shall 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 Dep’t of Employm’t, Training & Rehab. by R229-05, eff. 6-28-2006)