50-06.1 Vocational Rehabilitation
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<![CDATA[CHAPTER 50-06.1VOCATIONAL REHABILITATION50-06.1-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Department" means the North Dakota department of human services.2."Division" means the vocational rehabilitation division.3."Division executive director" means the director of the vocational rehabilitation<br>division.4."Rules" means rules adopted by the division executive director with the approval of<br>the executive director of the department.50-06.1-02.Acceptance of benefits of federal acts in vocational rehabilitation -Cooperation with federal government. The state of North Dakota hereby accepts all of the<br>provisions and benefits of the acts of Congress of the United States to assist states to provide for<br>the vocational rehabilitation of disabled persons in accordance with state statutes and policies of<br>the department, and the department shall comply with such conditions as may be necessary to<br>secure the full benefit of such acts. The department shall cooperate pursuant to agreement with<br>the federal government in carrying out the purposes of any federal act pertaining to vocational<br>rehabilitation and shall adopt such methods of administration as may be found by the federal<br>government to be necessary for the proper and efficient operation of such agreement.50-06.1-03.Custody and payment of vocational rehabilitation funds.Thedepartment is charged with the duty of administering all funds that are received from federal and<br>state sources for vocational rehabilitation purposes. All such moneys received must be placed in<br>the custody of the state treasurer and must be paid in accordance with legislative appropriations<br>by the office of management and budget as directed by the division executive director.50-06.1-04.Division executive director - Duties - Relationship of division todepartment. The department is responsible for vocational rehabilitation. The division executive<br>director must be appointed in accordance with established personnel standards and on the basis<br>of the person's education, training, experience, and demonstrated ability. In carrying out the<br>division executive director's duties under this chapter, the division executive director, with the<br>approval of the department:1.Shall make regulations governing personnel standards, the protection of records and<br>confidential information, the manner and form of filing applications, eligibility and<br>investigation and determination thereof for vocational rehabilitation services,<br>procedures for fair hearings, and such other regulations as the division executive<br>director finds necessary to carry out the purposes of this chapter relating to<br>vocational rehabilitation.2.Shall establish, with the approval of the department, appropriate subordinate<br>administrative units within the division.3.Shall appoint, with the approval of the department, such personnel as the division<br>executive director deems necessary for the efficient performance of the functions of<br>the division.4.Shall prepare and submit to the department annual reports of activities and<br>expenditures and, prior to each regular session of the legislative assembly,<br>estimates of sums required for carrying out the provisions of this chapter relating to<br>vocational rehabilitation, and estimates of the amounts to be made available for this<br>purpose from all sources.Page No. 15.Shall make certification for disbursement, in accordance with regulations, of funds<br>available for vocational rehabilitation purposes.6.Shall take, with the approval of the department, such other action as the division<br>executive director deems necessary or appropriate to carry out the provisions of this<br>chapter relating to vocational rehabilitation.7.May delegate, with the approval of the department, to any officer or employee of the<br>division such of the division executive director's powers and duties, except the<br>making of regulations and the appointment of personnel, as the division executive<br>director finds necessary to carry out the provisions of this chapter relating to<br>vocational rehabilitation.8.Shall appoint such advisory bodies with emphasis on consumer participation as<br>deemed necessary for compliance with any federal act pertaining to vocational<br>rehabilitation or for the proper and efficient carrying out of the duties of the division.50-06.1-05. Administration of vocational rehabilitation. Except as otherwise providedby law, the department shall provide vocational rehabilitation services to disabled individuals<br>determined by the division executive director to be eligible therefor. In carrying out the purposes<br>of this chapter, the division, among other things, may:1.Cooperate with other departments, agencies, and institutions, both public and<br>private, in providing for the vocational rehabilitation of disabled individuals, in<br>studying the problems involved therein, and in establishing, developing, and<br>providing, in conformity with the purposes of this chapter relating to vocational<br>rehabilitation, such programs, facilities, and services as may be necessary or<br>desirable.2.Enter into reciprocal agreements with other states to provide for the vocational<br>rehabilitation of residents of the states concerned.3.Conduct research and compile statistics relating to the vocational rehabilitation of<br>disabled individuals.50-06.1-06. Rehabilitation services provided to any disabled individual - Eligibility.Vocational rehabilitation services must be provided to any disabled individual:1.Whose vocational rehabilitation the division executive director determines, after full<br>investigation, can be satisfactorily achieved; or2.Who is eligible therefor under the terms of an agreement with another state or with<br>the federal government.50-06.1-07.Rehabilitation services provided to disabled individuals requiringfinancial assistance. Except as may be otherwise provided by law or as may be specified in<br>any agreement with another state or with the federal government, rehabilitation services must be<br>provided at public cost to disabled individuals found to require financial assistance.50-06.1-08. Gifts - Authorization to accept and use. The division executive director,with the approval of the department, may accept and use gifts made unconditionally by will or<br>otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in<br>the judgment of the department are proper and consistent with the provisions of this chapter may<br>be so accepted and must be held, invested, and reinvested, and used in accordance with the<br>conditions of the gift.50-06.1-09.Maintenance not assignable.The right of a disabled individual tovocational rehabilitation maintenance under this chapter is not transferable or assignable at law<br>or in equity.Page No. 250-06.1-10. Hearings allowed to aggrieved persons. Any individual applying for orreceiving vocational rehabilitation who is aggrieved by any action or inaction of the division is<br>entitled, in accordance with regulations, to a fair hearing by the department.50-06.1-11.Misuse of vocational rehabilitation lists and records.Repealed byS.L. 1977, ch. 451, </p>
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