§ 309a - Employment of the handicapped
§ 309a. Employment of the handicapped
(a) The commissioner shall adopt rules under chapter 25 of this title in consultation with appropriate vocational rehabilitation agencies, interested private associations and organizations, and interested individuals to establish procedures on the employment of the handicapped.
(b) Rules adopted by the commissioner shall allow flexibility with respect to hiring handicapped persons. The commissioner may require certification by the commissioner of the department of disabilities, aging, and independent living to accompany the usual application for employment. The commissioner of the department of disabilities, aging, and independent living shall indicate in its certification that:
(1) the applicant is physically qualified to do the work without hazard to himself or herself or others; and
(2) the applicant is competent to maintain himself or herself in a work environment.
(c) The commissioner, in the commissioner's discretion, may waive qualifications which exclude a handicapped person who is otherwise qualified. A waiver may apply to competitive entrance examinations, provisions relating to previous experience or any other requirement for qualification. A waiver is to be used for equal access to employment, not for an advantage. (Added 1977, No. 181 (Adj. Sess.), § 1, eff. April 3, 1978; amended 1989, No. 219 (Adj. Sess.), § 9; 1993, No. 210 (Adj. Sess.), § 12; 2005, No. 174 (Adj. Sess.), § 3.)