§ 25-01.3-02 — Committee on protection and advocacy

North Dakota § 25-01.3-02

• Jurisdiction: North Dakota
• Title 25: Mental and Physical Illness or Disability
• Ch. 25-01.3: Committee on Protection and Advocacy

Text

1. The committee on protection and advocacy in its capacity of supervising and directing
the project shall operate independently of the governor and any state agency that
provides treatment, services, or habilitation to persons with disabilities or mental
illnesses.
2. The committee consists of seven members who:
a. Meet federal eligibility requirements for membership;
b. Do not provide direct treatment, nonadvocacy services, or habilitation to address
a need related to a disability or a mental illness;
c. Do not hold an interest, whether as an officer, director, employee, or otherwise, in
an entity that provides direct treatment, nonadvocacy services, or habilitation to
address a need related to a disability or a mental illness; and

d. (1) Broadly represent persons served by the protection and advocacy project;
or
(2) Are knowledgeable about the needs of persons served by the protection and
advocacy project.
3. The appointments and terms of committee members are as follows:
a. The governor shall appoint two committee members for two-year terms,
beginning on August first in each even-numbered year.
b. The legislative management shall appoint one member from each house of the
legislative assembly for two-year terms, beginning on August first in each
odd-numbered year.
c. The governing board of the arc of North Dakota shall appoint one committee
member for a three-year term, beginning August first in each year that is evenly
divisible by three.
d. The governing board of a North Dakota nonprofit advocacy group for people with
disabilities shall appoint one committee member for a three-year term, beginning
on August first in each year that is divisible by three with a remainder of one.
Whenever an appointment to this position is to be made, the other members of
the committee shall select a North Dakota nonprofit advocacy group for people
with disabilities to make this appointment.
e. The governing board of the mental health association in North Dakota shall
appoint one committee member for a three-year term, beginning on August first in
each year that is divisible by three with a remainder of two.
4. Each committee member appointed by a North Dakota nonprofit advocacy group for
people with disabilities must be:
a. An individual with disabilities who is eligible for services; or
b. A parent, family member, guardian, advocate, or other authorized representative
of an individual with disabilities who is eligible for services.
5. A member may not serve more than six consecutive years.
6. A member's term ends on July thirty-first in the last year of the term and a member
shall serve until a successor has been appointed.
7. If any vacancy occurs on the committee, the appointing authority shall appoint an
individual to fill the vacancy for the remainder of the term. If the federal government
designates a member ineligible, the appointing body shall fill the vacancy for the
remainder of the term. Any vacancy on the committee must be filled within sixty days
after the date on which the vacancy occurs.
8. The committee is responsible for and shall adopt rules for the administrative
supervision and direction and for the planning, design, implementation, and functioning
of the project.
9. The committee shall develop a formal process to review complaints from providers or
other persons concerning protection and advocacy activities.
10. The governor, upon compliance with federal law and regulations, may redesignate the
agency responsible for carrying out the responsibilities of the project under this
chapter.