NAC334.110. Approval of contract by Division: Criteria; notice; request for hearing to appeal denial; submission of copy of final, executed version.  


Latest version.
  •      1. A registered organization may not enter into a contract pursuant to the Program, or any amendment thereto, unless the proposed contract or amendment has been submitted to the Division for its approval. The Division will approve such a contract or amendment if the Division determines that:

         (a) The registered organization has sufficient capacity, capital, training and experience to successfully perform the terms of the contract or amendment.

         (b) Except during the 60 days commencing on the date of execution of the contract or amendment, at least 75 percent of the hours of direct labor required for the production or provision of commodities or services pursuant to that contract or amendment will be performed by persons with disabilities.

         2. Except as otherwise provided in this subsection, within 15 days after receipt of a proposed contract or amendment from a registered organization pursuant to subsection 1, the Division will notify the registered organization in writing regarding whether the Division has approved or disapproved the contract or amendment. If the Division does not provide such notification within the 15-day period, the proposed contract or amendment is deemed approved by the Division.

         3. If the Division denies approval of a proposed contract or amendment, the Division will provide to the registered organization, with the written notification of the denial, a written statement explaining the reasons for the denial. Within 15 days after receiving notification of the denial, the registered organization may submit a written request to the Administrator for a hearing to appeal the denial.

         4. Not later than 5 business days after entering into a contract or amendment approved by the Division pursuant to this section, a registered organization shall submit to the Division a copy of the final, executed contract or amendment, including, without limitation, any attachments and exhibits.

     (Added to NAC by Rehabilitation Div. by R105-08, eff. 12-17-2008)