General Administrative Procedures 307

General Administrative Procedures 307

General Administrative Procedures 307

Recommendations for an Update: to the Deputy Administrator

Services for Employees of the Division

Supersedes: Procedure 307 dated June 7, 1994

Services of the Bureaus and Programs of the Rehabilitation Division are to be provided to eligible individuals without discrimination of any kind.

It follows; therefore, that such services must not be withheld from any otherwise eligible individual because they may happen to be an employee of this or, for that matter, any other agency.

The Rehabilitation Division provides equal employment opportunity to qualified persons with disabilities who may or may not be eligible clients of the Division and extends reasonable accommodations to them when requested. Reasonable accommodations are provided in accordance with “Guidelines for Managers and Supervisors, The Americans with Disabilities Act, Title I – Employment”, prepared by the Department of Personnel, and Division Procedure 515, Reasonable Accommodation.

In addition to receiving reasonable accommodations as needed, employees who at the time of their appointment are eligible for services of the Bureaus and Programs of the Rehabilitation Division and may continue to receive planned services and post employment services in accordance with the Rehabilitation Act, as amended or other related laws and regulations.

Employees of the Division who want to apply for services with the Bureaus and Programs of the Rehabilitation Division in order to retain employment must first request reasonable accommodation. If appropriate, reasonable accommodation will be considered prior to a determination of eligibility for services of the Bureaus and Programs of the Rehabilitation Division. If reasonable accommodation(s) is not appropriate to compensate for or modify the impediment to employment, then the Chief of Program Services will advise the Division Administrator. The Chief of Program Services will ensure that an appropriate rationale exists for the determination of eligibility and the provision of services and following a review, will inform the Division Administrator of the plan of services.

The cases of the employees who are eligible for services with the Bureaus and Programs of the Rehabilitation Division cases will be assigned to another District within the Rehabilitation Division. The District Manager will then assign these cases to a Rehabilitation Counselor III within that District. The Rehabilitation Counselor III will act as case manager and oversee expenditures and purchases for the employee. Provisions will be implemented in RAISON so that employees’ cases will not be privy to staff at the field level. If assigning these cases to another District in the Rehabilitation Division causes a delay in the eligibility process, the District Manager and Chief of Program Services will discuss an option to ensure that there is a not lapse in services. If the employee wishes that their case remain in the District that they reside, a written statement addressing this issue must be provided to their District Manager and Chief of Program Services.

The rationale of another District within the Rehabilitation Division providing case management for these cases is to maintain employees confidentiality and safeguard the discreet information received to provide adequate services throughout the case record. These protections are reinforced by the Rehabilitation Act, as amended, NRS. Chapters 426 and 615 and the Nevada Administrative Code (NAC) 284.718, Confidential Records.

NAC 284.718 Confidential records. (NRS 284.065,284.155,284.407)

1. The following types of information, which are maintained by the Department of Personnel or the personnel office of an agency, are confidential:

(a) Information relating to salaries paid in other than governmental employment which is furnished to the Department of Personnel on the condition that the source remain confidential;

(b) Any document which is used by the Department of Personnel or an agency in

negotiations with employees or their representatives which has not been made public by mutual agreement;

(c) The rating and remarks concerning an applicant by the individual members of the board or assessors of a center for assessment;

(d) Materials used in examinations, including suggested answers for oral examinations;

(e) Records and files maintained by the Employee Assistance Program;

(f) Reports by employers, appointing authorities or law enforcement officials concerning the hiring, promotion or background of applicants, eligible persons or employees;

(g) The class title and agency of an employee whose name is excluded from the official roster, as provided in subsection 3 of NAC 284.714, when an inquiry concerning the employee is received;

(h) Any information contained on a person's application or relating to his status as an eligible person; and

(i) Information in the file or record of employment of a current or former employee which relates to his:

1) Performance;

(2) Conduct, including any disciplinary actions taken against him;

(3) Race, ethnic identity or affiliation, sex, disability or date of birth;

(4) Home telephone number; or

(5) Social security number.

(j) Any document which is used by the Department of Personnel or an agency in the interview process including interview questions, instruments used for rating candidates, and rater notes.

2. If the employee has requested that his personal mailing address be listed as confidential, his file must be so designated and list his business address.

3. The name of any beneficiary of an employee contained in the payroll document must not be released to anyone unless:

(a) The employee dies; or

(b) The employee signs a release.

4. Any records in the possession of the Committee on Catastrophic Leave created pursuant to NRS 284.3627 that reveal the health, medical condition or disability of a current or former employee or a member of his immediate family are confidential.

5. Any notes, records, recordings or findings of an investigation conducted by the Department of Personnel relating to sexual harassment or discrimination, or both, and any findings of such an investigation that are provided to an appointing authority are confidential.

NRS 284.065Personnel Commission: Powers and duties.

1. The Commission has only such powers and duties as are authorized by law.

2. In addition to the powers and duties set forth elsewhere in this chapter, the Commission shall:

(a) Advise the Director concerning the organization and administration of the Department.

(b) Report to the Governor biennially on all matters which the Commission may deem pertinent to the Department and concerning any specific matters previously requested by the Governor.

(c) Advise and make recommendations to the Governor or the Legislature relative to the personnel policy of the State.

(d) Adopt regulations to carry out the provisions of this chapter.

(e) Foster the interest of institutions of learning and of civic, professional and employee organizations in the improvement of personnel standards in the state service.

(f) Review decisions of the Director in contested cases involving the classification or allocation of particular positions.

(g) Exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.

[Part 8:351:1953] + [Part 9:351:1953]—(NRS A 1963, 1036; 1979, 356; 1983, 620; 2003, 1436)

NRS 284.155Regulations for classified service.

1. The Commission shall adopt a code of regulations for the classified service.

2. The code must include regulations concerning certifications and appointments for:

(a) Positions in classes having a maximum salary of $12,500 or less as of December 31, 1980, where the regular procedures for examination and certification are impracticable; and

(b) Classes where applicants for promotion are not normally available.

These regulations may be different from the regulations concerning certifications and appointments for other positions in the classified service.

[20:351:1953]—(NRS A 1963, 1041; 1981, 1040; 1983, 625; 2003, 1438)

NRS 284.407Regulations.The Commission shall adopt such regulations as are necessary to carry out the purposes of NRS 284.406 to 284.4069, inclusive.

(Added to NRS by 1991, 1352; A 2003, 1451)

USE OF ALCOHOL OR DRUGS BY EMPLOYEES

NRS 284.406Policy concerning use of alcohol or drugs by state employees.It is the policy of this state to ensure that its employees do not:

1. Report for work in an impaired condition resulting from the use of alcohol or drugs;

2. Consume alcohol while on duty; or

3. Unlawfully possess or consume any drugs while on duty, at a work site or on state property.

(Added to NRS by 1991, 1348)

NRS 284.4069Training for supervisors.The Department shall provide training in the provisions of NRS 284.4061 to 284.407, inclusive, to employees of appointing authorities whose duties include the supervision of other employees.

(Added to NRS by 1991, 1351)

NRS 284.4061Definitions.As used in NRS 284.406 to 284.407, inclusive, unless the context otherwise requires:

1. “Employee” means a person in the classified or unclassified service of the State.

2. “Screening test” means a test of a person’s:

(a) Breath or blood to detect the general presence of alcohol; or

(b) Urine to detect the general presence of a controlled substance or any other drug,

which could impair that person’s ability to perform the duties of employment safely and efficiently.

(Added to NRS by 1991, 1348; A 1993, 2252; 2001, 1441)

PARTICIPANT SERVICES POLICY AND PROCEDURES MANUAL

Bureaus of Vocational Rehabilitation & Services to the Blind and Visually Impaired

General Administrative Procedures 307

Effective: April 19, 2007