Ala. Admin. Code r. 795-1-1-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 795-1-1-.06 - Appointment, Powers And Duties Of The Commissioner

The Board appoints a Commissioner who is responsible for the operation, management, control, supervision, maintenance, regulation and improvement of the department. Except as otherwise clearly indicated, the Commissioner shall have full authority to act, transact business and make decisions concerning the management of the department. Pursuant to Code of Ala. 1975, §§ 21-9-9 through 21-9-11, the Board of Rehabilitation Services delegates to the Commissioner such powers as are necessary to execute each of the duties prescribed below. The powers granted herein are in addition and supplemental to any other powers delegated to the Commissioner by law or the rules and regulations of the Board and shall not be construed to constitute a limitation on the powers of the Commissioner of Rehabilitation Services. The Commissioner is authorized and empowered to perform all acts necessary in pursuit of the following specific duties and activities:

(1) Enforce the rules and regulations of the board governing the department's services and programs.

(2) Appoint to positions of employment those professional, clerical, and other assistants, including specialists and consultants, on a full-time or part-time basis as may in the judgment of the Commissioner be required to fulfill the mission and carry out the functions of the department.

(3) Prepare, or cause to be prepared, an annual report to the board on activities of the department, submitted on the first day of December, or as early thereafter as practicable, for its approval and adoption, as well as prepare, or cause to be prepared, all other reports which are required of the board.

(4) Initiate and promulgate, subject to the ratification of the board, all rules and regulations necessary to carry out the purposes of the board and to conform with state and federal law. In the event that prior approval of the board is impractical, the Commissioner shall have full authority to promulgate and implement emergency rules and regulations subject to board review at its next regularly scheduled meeting.

(5) Establish subordinate administrative units within the department.

(6) Prepare and submit to the board and the Legislature annual reports of activities and expenditures and, before each regular session of the Legislature, coordinate budget requests required to conduct the affairs of the department.

(7) Supervise all institutions, offices, programs, and services now existing or hereafter acquired or created under the jurisdiction of the department.

(8) Certify the disbursement of available funds.

(9) Delegate to any officer or employee of the department those powers and duties necessary to conduct the affairs of the department

(10) Prepare or cause to be prepared, subject to approval and adoption or clarification by the board, legislative measures needed for the further development and improvement of rehabilitation services.

(11) Negotiate and enter into all contracts and agreements necessary in the judgment of the Commissioner for the department to carry out its functions.

(12) Execute orders approved by or on behalf of the Board.

(13) Accept and hold, acquire, invest, reinvest, dispose of, divest, or otherwise use gifts, donations, devises, or bequests of money, or real or personal property made for the purpose of furthering rehabilitation services.

(14) Hold, lease, or rent in the name of the department real or personal property and make any repair and improvement on all property under the control of the department; and subject to the approval of the Governor, construct, acquire, sell, or convey title to real estate.

(15) Consult with and advise other state agencies to assist them in meeting the needs of people with disabilities more effectively and to achieve maximum coordination among programs for people with disabilities.

(16) Establish advisory councils consistent with the needs of the board and the department.

(17) Support, assist, and cooperate with the Governor's Committee on Employment of People with Disabilities.

(18) Take any necessary or appropriate action for cooperation with public and private agencies and organizations which may include, but is not limited to the development and execution of:

(a) Reciprocal agreements with other states to provide for the rehabilitation of individuals with the states concerned.

(b) Contracts or other agreements with public and other nonprofit agencies and organizations for the construction or establishment and operation of community rehabilitation programs and facilities.

(c) Cooperative agreements with the federal government for carrying out any federal requirements pertaining or related to disability and facilities.

(d) Requirements necessary to obtain federal funds in the maximum amount and the most advantageous proportion for the state as possible.

(19) Conduct, sponsor, or participate in research and demonstration projects, including inquiries concerning the causes of disability and its prevention; provide training and instruction, including the establishment and maintenance of research fellowships and internships together with necessary stipends and allowances; disseminate information; and provide technical assistance relating to disability and rehabilitation.

(20) Plan, establish, and operate programs, facilities, and services relating to disability and rehabilitation.

(21) Establish a program of attendant care and home case management.

(22) Establish and provide consultative services for small business enterprises operated by individuals who are eligible for rehabilitation services.

(23) Appear in person or through a designated delegate or agent and represent the Board and the department before the Permanent Joint Legislative Committee on Finances and Budget.

(24) Represent the Board and the department before any committee or session of the House of Representatives or Senate of the Alabama Legislature, and before all executive departments, boards and agencies, and the courts.

(25) Appear in person or through a designated delegate and represent the Board and the department before any federal agency, bureau, department, or commission; the United States House of Representatives and Senate or any subcommittee thereof, and the courts.

(26) Perform such other functions as may be necessary to supervise, direct, conduct and administer the day-to-day duties of the Department as authorized by law or by rules and policies adopted by the Board of Rehabilitation Services.

Ala. Admin. Code r. 795-1-1-.06

Emergency adoption filed January 17, 1995; effective January 18, 1995. Permanent adoption: filed April 13, 1995; effective May 18, 1995.

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 09, June 30, 2021, eff. 8/14/2021.

Author: Alabama Board of Rehabilitation Services

Statutory Authority:Code of Ala. 1975, §§ 21-9-9 through 21-9-11.