Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-1-1 - ORGANIZATION AND ADMINISTRATION › Section 795-1-1-.06 - Appointment, Powers And Duties Of The Commissioner

Current through Register Vol. 42, No. 9, June 28, 2024
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.