§ 7304 — Architectural Accessibility Board — Created; composition; terms; vacancies; compensation

Delaware § 7304

• Jurisdiction: Delaware
• Title: 29
• Part: Budget, Fiscal, Procurement and Contracting Regulations
• Ch. 73: ARCHITECTURAL ACCESSIBILITY ACT

Text

(a) The Architectural Accessibility Board is created as an agency of the State for carrying out the purpose of this chapter. The Board, for administrative purposes, is within the Office of Management and Budget.

(b) (1) The Board is composed of 9 members who are appointed by the Governor as follows:

a. One architect registered in this State.

b. One registered professional engineer in the field of structural engineering.

c. One general contractor with experience in commercial construction.

d. One attorney licensed in this State.

e. Four individuals with disabilities, at least 1 of whom uses a wheelchair.

f. One member of the general public who is a parent, guardian, or representative of an individual with a disability; provides services to individuals with disabilities; or has a demonstrated involvement in programs for individuals with disabilities.

(2) The Governor may appoint a member for a term of less than 4 years to ensure no more than 3 members’ terms expire in a year.

(3) Nothing in this section may be construed to prevent or disfavor an individual with a disability from serving in any of the positions described in paragraphs paragraphs (b)(1)a. through d. of this section. The intent of paragraphs (b)(1)e. and f. of this section is to provide for representatives of various types of disabilities and individuals with disabilities who cannot effectively represent themselves on the Board.

(c) The chair may request that any of the following individuals, or their designees, attend a scheduled meeting as needed to conduct business within the individual’s area of expertise:

(1) Secretary of the Department of Health and Social Services.

(2) Secretary of the Department of Labor.

(3) Secretary of the Department of Transportation.

(4) Director of the Office of Management and Budget.

(5) Secretary of the Department of Education.

(6) [Repealed.]

(7) Chairperson of the Governor’s Commission of Employment of the Handicapped.

(8) Chairperson of the Developmental Disabilities Planning Council.

(9) Chairperson of the Delaware Human and Civil Rights Commission.

(10) Chief building inspectors of each of the counties of this State and of the City of Wilmington, or if no such position exists, then an individual designated by the governing body of the jurisdiction.

(d) The Governor shall appoint a chair from among the members of the Board. The chair serves as the chair at the pleasure of the Governor.

(e) The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Board meetings or attends less than 50% of Board meetings in a calendar year. The Governor may consider the member to have resigned, and may accept the member’s resignation.

(f) Members must receive a compensation of $25 per day when the members are engaged in their duties as members of the Board. Members must be reimbursed for their actual travel and other necessary expenses incurred in carrying out their duties.

Legislative History

62 Del. Laws, c. 174, § 1 ; 71 Del. Laws, c. 378, § 114 ; 75 Del. Laws, c. 88, § 16(5) ; 78 Del. Laws, c. 179, §§ 305-309 ; 82 Del. Laws, c. 138, § 1 ; 83 Del. Laws, c. 305, § 7