# Title 50 — Public Welfare

## Chapter 50-06.1 — Vocational Rehabilitation

### § 50-06.1-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:
1. "Department" means the department of health and 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
commissioner of the department or commissioner's designee.
### § 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.

The department 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 to

department.
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.
5. 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 provided by 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; or
2. 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 requiring

financial 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 to vocational rehabilitation maintenance under this chapter
is not transferable or assignable at law or in equity.
### § 50-06.1-10. Hearings allowed to aggrieved persons.

Any individual applying for or receiving 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 by S.L. 1977, ch. 451, § 2.
### § 50-06.1-12. Limitation of political activity.

Repealed by S.L. 1977, ch. 420, § 3.
### § 50-06.1-13. Division to license blind operators and operate vending facilities -

Continuing appropriation of income.
The division shall act as the state licensing agency to license the operators of vending
facilities on federal property within the state to the extent permitted or required by the
Randolph-Sheppard Act [Pub. L. 74-732; 20 U.S.C. 107]. The division may take any action,
consistent with the provisions of that Act, for the purpose of providing blind persons with
remunerative employment, enlarging the economic opportunities of the blind, and stimulating
the blind to greater efforts in striving to make themselves self-supporting. If there is no blind
licensee operating a vending facility on federal property, the division may operate or contract for
the operation of a vending facility, provided that all income from such a vending facility is
distributed in a manner consistent with the requirements of such Act. There is hereby
appropriated on a continuing basis all income from vending facilities which the division operates,
or contracts to operate, consistent with the requirements of such Act and the regulations and
policies of the United States secretary of education, promulgated thereunder, for the purposes
of:
1. Maintenance and replacement of equipment.
2. The purchase of new equipment.
3. Management services.
4. Assuring a fair minimum return to operators of vending facilities.
5. Retirement or pension funds, health insurance contributions, and provision for paid
sick leave and vacation time, if it is determined by a majority vote of blind licensees
licensed by the division, after the division provides to each such licensee full
information on all matters relevant to such proposed program, that income should be
used for such purposes.
### § 50-06.1-14. Establishment of rehabilitation teaching program - Authorization of

positions.
The office of vocational rehabilitation may establish two rehabilitation teacher positions and
one half-time teacher and half-time supervisor position for the rehabilitation of the blind and
visually impaired. Each teacher shall provide rehabilitation teaching services that may include
evaluation, counseling, adjustment training, communication, mobility, and other rehabilitation
services to the blind and the visually impaired. Those services must be provided in the home of
blind and visually impaired individuals, nursing homes, intermediate care facilities, senior citizen
centers, and other facilities and centers in which one may find blind or visually impaired
individuals. Rehabilitation teachers may provide aids and appliances, as well as assistance with
meal planning, medication management, transportation needs, and recreation and social needs.
Rehabilitation teachers may provide orientation to blindness instruction for those working
directly with or otherwise involved in daily activities of the blind and visually impaired, including
home health aids, homemakers, senior companions, staff of nursing homes and other
professionals, paraprofessionals, and family members. The administrator of services for the
blind and deaf in the office of vocational rehabilitation shall coordinate the activities and the
services to be provided by persons employed pursuant to the provisions of this section and
section 50-06.1-15.
### § 50-06.1-15. Cooperation between agencies.

The office of vocational rehabilitation and other divisions of the department shall work
cooperatively to locate eligible clients and to identify and provide them with the services they
require to lead a full and meaningful life.

### § 50-06.1-16. State rehabilitation council.

1. There is established a state rehabilitation council in accordance with section 105 of the
Rehabilitation Act of 1973 [29 U.S.C. 725].
2. The state rehabilitation council:
a. Shall fulfill the duties outlined in section 105 of the Rehabilitation Act of 1973
b. Shall collaborate, coordinate, and improve employment outcomes for
working-age adults with disabilities, including:
(1) Reviewing and aligning policies, procedures, eligibility, and enrollment and
planning for services for individuals, with the objective of increasing
opportunities for community employment for North Dakotans with
disabilities.
(2) Developing cross-agency tools to document eligibility, order of selection,
assessment, and planning for services for individuals with disabilities.
(3) Identifying best practices, effective partnerships, sources of available federal
funds, opportunities for shared services among existing providers, and
means to expand model programs to increase community employment
opportunities for individuals with disabilities.
(4) Identifying and addressing areas where sufficient support is not currently
available or where additional options are needed to assist individuals with
disabilities to work in competitive employment in integrated settings.
(5) Establishing interagency agreements to improve coordination of services
and allow for data sharing as appropriate to assist individuals with
disabilities.
(6) Setting benchmarks for improving community employment outcomes and
services for individuals with disabilities.
3. The department division of vocational rehabilitation shall provide the state
rehabilitation council with administrative services.
### § 50-06.1-17. Senior community service employment program - Compensation rate.

The hourly rate of compensation for individuals paid by the department under the senior
community service employment program is twelve dollars or the amount established by the
department by administrative rule, within the limits of legislative appropriation.
