50-06.1 Vocational Rehabilitation - North Dakota Statutes

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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
division.4."Rules" means rules adopted by the division executive director with the approval of
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
provisions and benefits of the acts of Congress of the United States to assist states to provide for
the vocational rehabilitation of disabled persons in accordance with state statutes and policies of
the department, and the department shall comply with such conditions as may be necessary to
secure the full benefit of such acts. The department shall cooperate pursuant to agreement with
the federal government in carrying out the purposes of any federal act pertaining to vocational
rehabilitation and shall adopt such methods of administration as may be found by the federal
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
state sources for vocational rehabilitation purposes. All such moneys received must be placed in
the custody of the state treasurer and must be paid in accordance with legislative appropriations
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
director must be appointed in accordance with established personnel standards and on the basis
of the person's education, training, experience, and demonstrated ability. In carrying out the
division executive director's duties under this chapter, the division executive director, with the
approval of the department:1.Shall make regulations governing personnel standards, the protection of records and
confidential information, the manner and form of filing applications, eligibility and
investigation and determination thereof for vocational rehabilitation services,
procedures for fair hearings, and such other regulations as the division executive
director finds necessary to carry out the purposes of this chapter relating to
vocational rehabilitation.2.Shall establish, with the approval of the department, appropriate subordinate
administrative units within the division.3.Shall appoint, with the approval of the department, such personnel as the division
executive director deems necessary for the efficient performance of the functions of
the division.4.Shall prepare and submit to the department annual reports of activities and
expenditures and, prior to each regular session of the legislative assembly,
estimates of sums required for carrying out the provisions of this chapter relating to
vocational rehabilitation, and estimates of the amounts to be made available for this
purpose from all sources.Page No. 15.Shall make certification for disbursement, in accordance with regulations, of funds
available for vocational rehabilitation purposes.6.Shall take, with the approval of the department, such other action as the division
executive director deems necessary or appropriate to carry out the provisions of this
chapter relating to vocational rehabilitation.7.May delegate, with the approval of the department, to any officer or employee of the
division such of the division executive director's powers and duties, except the
making of regulations and the appointment of personnel, as the division executive
director finds necessary to carry out the provisions of this chapter relating to
vocational rehabilitation.8.Shall appoint such advisory bodies with emphasis on consumer participation as
deemed necessary for compliance with any federal act pertaining to vocational
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
determined by the division executive director to be eligible therefor. In carrying out the purposes
of this chapter, the division, among other things, may:1.Cooperate with other departments, agencies, and institutions, both public and
private, in providing for the vocational rehabilitation of disabled individuals, in
studying the problems involved therein, and in establishing, developing, and
providing, in conformity with the purposes of this chapter relating to vocational
rehabilitation, such programs, facilities, and services as may be necessary or
desirable.2.Enter into reciprocal agreements with other states to provide for the vocational
rehabilitation of residents of the states concerned.3.Conduct research and compile statistics relating to the vocational rehabilitation of
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
investigation, can be satisfactorily achieved; or2.Who is eligible therefor under the terms of an agreement with another state or with
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
any agreement with another state or with the federal government, rehabilitation services must be
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
otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in
the judgment of the department are proper and consistent with the provisions of this chapter may
be so accepted and must be held, invested, and reinvested, and used in accordance with the
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
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
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,