Title 26, Title 26

1. Nondisplacement of existing employees; nonavailability for layoff replacement; noninfringement on promotional opportunities or collective bargaining agreements; labor disputes. A participant who is required to work as a condition of receiving public assistance may not be emplo…

The department, to the extent possible within available resources, shall establish a migrant and immigrant worker assistance outreach project to assist migrant and immigrant workers in the State. The project shall coordinate with employers, employees, labor unions, nonprofit agen…

By July 1, 2013 and biennially thereafter, the department shall calculate the livable wage and develop a basic needs budget for households in this State based on, at a minimum, a 2-parent household with 2 earners and 2 children representative family size, but only if funding has …

The department shall establish and maintain a database of the names of civilian federal firefighters who have been displaced by a layoff or reduction in force at or closure of a federal installation in this State, including, but not limited to, a naval shipyard, a military base o…

This article may be known and cited as the "Rehabilitation Act."

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 560, Pt. F, §13 (NEW).] 1. Community rehabilitation program. "Community rehabilitation program" means a program that provides directly or facilitates the…

There is created within the department a functional unit of rehabilitation services, which is equal in administrative level and status with the other major administrative units within the department.

The department is the designated state agency established as the sole state agency to provide rehabilitation services, including but not limited to vocational rehabilitation services, and to provide evaluation and vocational services for purposes of the federal Rehabilitation Act…

In carrying out this article, the commissioner: [PL 1995, c. 560, Pt. F, §13 (NEW).] 1. Cooperates with other departments. Shall cooperate with other departments, agencies and institutions, both public and private, in providing for the rehabilitation of people with disabilities, …

The department shall cooperate with the Federal Government in carrying out the purposes of federal statutes pertaining to vocational rehabilitation and is authorized to adopt methods of administration found by the Federal Government to be necessary for the proper and efficient op…

The Treasurer of State is the appropriate officer of the State to receive and administer federal grants for rehabilitation programs, as contemplated by the federal Rehabilitation Act of 1973 and acts amendatory and additional to the federal Rehabilitation Act of 1973, and the Sta…

The commissioner, with the approval of the Governor, may accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this article. Gifts made under conditions that in the judgment of the department are proper and consistent with this article ma…

The right of a person with a disability to maintenance under this article is not transferable or assignable at law or in equity and none of the money paid or payable or rights existing under this article are subject to execution, levy, attachment, garnishment or other legal proce…

An individual applying for or receiving rehabilitation under this article who is aggrieved by an action or inaction of the department is entitled to a fair hearing by the commissioner or the commissioner's designated representative. An individual aggrieved because of the decision…

Except for purposes directly connected with the administration of the rehabilitation program and in accordance with its rules, it is unlawful for a person or individual to solicit, disclose, receive or make use of, authorize, knowingly permit or participate in or acquiesce in the…

An officer or employee engaged in the administration of the rehabilitation program may not use that officer's or employee's official authority to influence or permit the use of the rehabilitation program for the purpose of interfering with an election or affecting the results of …

The department shall evaluate the needs of people with disabilities in the State and how these needs may be met most effectively. As required by the federal Rehabilitation Act of 1973 and the federal Workforce Innovation and Opportunity Act of 2014, Public Law 113‑128, the depart…

The commissioner shall establish within the department the Bureau of Rehabilitation Services. Within the bureau, the Division of Vocational Rehabilitation, as the designated state unit under the federal Rehabilitation Act of 1973, shall administer that group of rehabilitation ser…

Rehabilitation services may be provided directly or through public or private resources to people with disabilities, including those who are eligible for rehabilitation services under the terms of an agreement with another state or with the Federal Government.

The department is authorized to establish rules required for the proper administration of a vocational rehabilitation program under the federal Rehabilitation Act of 1973 and acts amendatory and additional to the federal Rehabilitation Act of 1973. These rules must include proced…

The commissioner shall adopt rules pursuant to Title 5, chapter 375, subchapter II to create a grievance procedure applicable to all bodies of State Government in accordance with 45 Code of Federal Regulations, Section 84.7 and with 28 Code of Federal Regulations, Section 35.107(…

1. Annual report. In addition to its existing duties, the Statewide Independent Living Council, established pursuant to 29 United States Code, Sections 796 to 796f (1999) and administered by the Bureau of Rehabilitation Services, shall, beginning January 15, 2017, provide an annu…

There is established the Division for the Deaf, Hard of Hearing and Late Deafened within the Department of Labor, Bureau of Rehabilitation Services.

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 560, Pt. F, §13 (NEW).] 1. Advisory council. 1-A. Commission. "Commission" means the Commission for the Deaf, Hard of Hearing and Late Deafened. 2. Deaf.…

To provide the following services and information to deaf, hard-of-hearing and late-deafened persons, the Division for the Deaf, Hard of Hearing and Late Deafened shall: [PL 2009, c. 174, §9 (AMD).] 1. Provide advocacy. Provide cooperative agreements or coordinate with agencies o…

Within the department, the Commission for the Deaf, Hard of Hearing and Late Deafened, as established under Title 5, section 12004‑J, subsection 17, consists of up to 23 members appointed by the Governor and representing equally consumers, professionals and the public. Members se…

The commission shall advise the Director of the Bureau of Rehabilitation Services and shall prepare an annual report, which is a public document to the extent that it complies with section 1412. The report must include, but is not limited to: [PL 2009, c. 174, §18 (AMD).] 1. Revi…

1. Director. The Director of the Division for the Deaf, Hard of Hearing and Late Deafened is responsible for administering the Division for the Deaf, Hard of Hearing and Late Deafened and its programs and policies, including generating and seeking out financial aid, grants and mo…

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 560, Pt. F, §13 (NEW).] 1. Independent living services. "Independent living services" means services that promote or train people with significant disabi…

The department may make grants to establish independent living services. Funds must be disbursed and audited in accordance with departmental grant policies and procedures. The department shall submit an annual accounting of the program to the joint standing committee of the Legis…

In addition to its existing duties, the Statewide Independent Living Council, established pursuant to 29 United States Code, Sections 796 to 796f (1999) and administered by the Bureau of Rehabilitation Services, through a standing committee on recreational opportunities for perso…

The department, under the direction of the Governor, may establish, conduct and maintain rehabilitation work as part of its program of aid and assistance for students with disabilities. That rehabilitation work must be in cooperation with career and technical education, as provid…

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 560, Pt. F, §13 (NEW).] 1. Blind person. "Blind person" means a person having not more than 20/200 central visual acuity in the better eye after correcti…

The Division for the Blind and Visually Impaired is established within the department under the jurisdiction of the Director of the Division for the Blind and Visually Impaired. The commissioner shall appoint the director, subject to the Civil Service Law.

"Jurisdiction of the director" means having direct administrative responsibility for all programs and personnel under this article.

The division, as the designated state unit under the federal Rehabilitation Act of 1973, shall administer services related to blind and visually impaired individuals. The division shall provide a program of services for blind persons, including prevention of blindness, locating o…

1. Division services. The division shall provide the following services to blind and visually impaired persons from birth to age 21: A. Itinerant teacher services; [PL 1995, c. 560, Pt. F, §13 (NEW).] B. Mobility instruction; [PL 1995, c. 560, Pt. F, §13 (NEW).] C. Braille instru…

Whenever, upon examination at a clinic, hospital or other institution, or elsewhere, by a physician, optometrist, institutional superintendent or other qualified person, the visual acuity of a person is found to be with correction 20/200 or less in the better eye, or the peripher…

To provide blind persons with remunerative employment, enlarge the economic opportunities of blind persons and encourage blind persons to become self-supporting, the officer, board or other authority in charge of a public building or property shall grant to the division authority…

The officer, board or other authority in charge of a public building or property shall: [PL 1995, c. 560, Pt. F, §13 (NEW).] 1. Policies. Adopt policies and take actions necessary to ensure that blind persons are given preference in the establishment and the operation of vending …

In carrying out this article the division shall: [PL 1995, c. 560, Pt. F, §13 (NEW).] 1. Rules. Prescribe rules governing: A. The maintenance of a roster of blind persons eligible to become managers and the issuance of licenses; [PL 1995, c. 560, Pt. F, §13 (NEW).] B. A fair hear…

To carry out the purposes of this article, when new construction, remodeling, leasing, acquisition or improvement of public buildings or properties is authorized, the agency directing that construction, remodeling, leasing, acquisition or improvement shall, when the size of the b…

If a suitable location is available for a vending facility that requires the construction of a portable building, the division may construct such a building and may have the use of the land on which to construct the building.

1. Fees prohibited generally. Except as provided in subsection 2, a rental fee may not be required or received for the granting of authority to the division to operate a vending facility. 2. Fees authorized; limitation. A rental fee or other fee may be charged to the operator onl…

This article does not apply to or authorize the installation of vending facilities in a building wholly used by a correctional or mental institution or by an educational institution of any type supported in whole or in part from public funds, unless that educational institution i…

If a vending facility not under the control of the division exists in a building or on property of the State, a county or a municipality, the person having jurisdiction over that building or property shall give preference to the division to continue operation of the vending facil…