Arkansas Administrative Code › Agency 180 - Arkansas Alcohol and Drug Abuse Council › Rule 180.00.11-001 - Rules of Procedure

Current through Register Vol. 49, No. 6, June, 2024
ARTICLE 1.
MISSION STATEMENT
The Arkansas Alcohol and Drug Abuse Coordinating Council oversees the planning and budgeting of education, prevention, treatment and law enforcement services and programs to efficiently and effectively combat the abuse of alcohol and drugs in the state of Arkansas.
ARTICLE 2.
BACKGROUND
In 1989, the Arkansas Legislature created the position of Arkansas Drug Director ("the Drug Director") within the Office of the Governor. In addition, the legislature created the Council, specifying that the Drug Director shall serve as the chairman of the Council. In 1995, the legislature reconstituted the Council and transferred both the Highway Safety Program Advisory Council (created by Ark. Code Ann. §  12-6-101 ) to the Arkansas Alcohol and Drug Abuse Authority (created by Ark. Code Ann. §  20-64-604 ) to the Council pursuant to a type 3 Transfer as defined in Ark. Code Ann. §
								25-2-106. As a result of these transfers, the Council possesses all of the powers and duties of these entities as set forth in these rules. In 2005, the legislature reorganized the Council according to Act 1453.
ARTICLE 3.
RESPONSIBILITIES
The Council oversees the spending of state and federal funds on alcohol and drug education, prevention, treatment, and law enforcement. Striving to effectively combat the dangers associated with alcohol and drug abuse, the Council provides the framework for ensuring that federal and state funds are expended in a manner that meets the needs of the local community while consistent with efforts conducted statewide. The Council awards funding each year to local schools, police departments, treatment and prevention centers, and drug task forces, as well as other entities, in an effort to confront the problem of drug and alcohol abuse from every angle; through programs designed to prevent the spread of substance abuse and educate children about the dangers of substance abuse; through programs aimed at treating those with substance abuse problems; and through funds spent to eradicate controlled substances through the work of law enforcement agencies.
ARTICLE 4.
MEMBERSHIP
The Council is composed of twenty-seven members, thirteen (13) of whom are administrative officers or their designees, including the Drug Director, the Director of the Office of Alcohol and Drug Abuse Prevention (OADAP) of the Department of Human Services, the Director of the Arkansas State Police, the Director of the Department of Education, the Director of the Arkansas State Highway and Transportation Department, the Director of the Department of Correction, the Director of the Department of Finance and Administration, the Adjutant General of the Arkansas National Guard, the Attorney General for the State of Arkansas, the Director of the State Crime Laboratory, the Director of the Administrative Office of the Courts, the Director of the Department of Community Correction, and the chief administrative officer of the Office of Alcohol Testing of the Department of Health. Other members include one police chief, one county sheriff, one drug court judge, one prosecuting attorney, a private citizen not employed by the state or federal government, a director of a publicly funded alcohol and drug abuse treatment program, a school drug counselor, a director of a drug abuse prevention program, a director of a driving while intoxicated program, a health professional, and four members from the state at large who have demonstrated knowledge of or an interest in alcohol and drug abuse prevention, at least two of whom shall be recovering persons. Ref Ark. Code Ann. §
								20-64-1002.
ARTICLE 5.
STRUCTURE
Four standing committees have been established to assist in carrying out the responsibilities of the Council as prescribed by law and any other matters referred to them by the Council. They are a Prevention, Education, and Treatment Committee, chaired by the Director of the Office of Alcohol and Drug Abuse Prevention, a Law Enforcement Committee, a Joint Action Committee, and a Policies and Procedures Committee. Other committees may be established by the Drug Director as needed. Each committee is comprised of Council members assigned to the committee by the Drug Director, who may, at her or his discretion, restructure the membership of each committee on an annual basis. The Drug Director serves on each committee as a non-voting member. In addition, the chairperson of each committee may not vote on a matter before the committee except in cases of a tie, in which case the chairperson shall cast the deciding vote. A simple majority of committee members constitutes a quorum. When a vote is taken, a simple majority of the members present is sufficient for the committee to act on the matter before it. Recommendations by the respective committees will be forwarded to the Council for action consistent with these rules.
A.
Prevention, Education, and Treatment Committee
(1)
Responsibilities.
The Prevention, Education, and Treatment Committee is responsible for recommending awards of state and federal funding to state and local agencies, schools, and private non-profit groups in the areas of prevention, education, and treatment of alcohol and drug abuse.
(2)
Procedures.
All applications considered for funding by the Prevention, Education, and Treatment Committee are available through OADAP and are to be submitted in accordance with OADAP's rules and regulations, while funding consideration of competitive contract proposals must abide by state procurement procedures. OADAP shall not forward a competitive grant/contract and/or continuation request to the Committee unless it has met (1) technical review to assure compliance with grant/contract requirements and (2) program review to assure the proposed project is sound and appropriate to the OADAP strategic plan. Upon receipt of the forwarded applications, the Prevention, Education, and Treatment Committee will review the applications and interview all applicants to determine which applications will be recommended for further funding consideration by the Council. Upon receipt of the committee's recommendation, the Council may take any action it deems necessary with respect to the recommendation, including, but not limited to, voting to accept all of the committee's recommendations, requesting additional information, or delaying a decision until such time as the Council determines to be appropriate.
(3)
Unused or returned funds.
All funds awarded but not used by the a grantees/contractor returned to OADAP shall be available for redistribution in accordance with the Procedures stated in A. (2) above, providing that such reissue fits within the time limitation of the original funding source.