Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 19 - Aging and Adult Services › Rule 016.19.18-004 - Arkansas Alcohol and Drug Abuse Coordinating Council 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
				programs and law/ enforcement services as they relate to the enforcement of
				Arkansas alcohol and drug law/ 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") w/ithin 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 Highw/ay 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 pow/ers and duties of those
				entities as set forth in these rules. In 2005, the legislature reorganized the
				Council in accordance w/ith 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 w/ith alcohol and drug
				abuse, the Council provides the framew/ork for ensuring that federal and state
				funds are expended in a manner that meets the needs of the local community
				w/hile consistent w/ith efforts conducted statew/ide. The Council aw/ards
				funding each year to local schools, police departments, treatment and
				prevention centers, and drug task forces, as w/ell 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 w/ith 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 (27) members, thirteen
				(13) of whom are administrative officers or their designees, confirmed by
				gubernatorial appointments, including the Drug Director, the Director of the
				Division of Aging, Adult, and Behavioral Health Services (DAABHS) of the
				Department of Human Services, the Director of the Arkansas State Police, the
				Commissioner of Education, the Director of the Arkansas Department of
				Transportation, 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, the Director of the State Crime
				Laboratory, the Director of the Office of Alcohol Testing of the Department of
				Health, The Director of the Administrative Office of the Courts, and the
				Director of the Department of Community Correction,. Other members, appointed
				by the Governor for three-year terms and who will not serve more than two
				consecutive terms in the same position, include one (1) police chief, one (1)
				county sheriff, one {l)drug court judge, one (1) 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 (4) members
				from the state at large who have demonstrated knowledge of, or an interest in,
				alcohol and drug abuse prevention, at least two (2) of which shall be
				recovering persons. The United States Attorney for Arkansas or his or her
				designee shall serve on the council in an advisory capacity. (Ark. Code Ann.
				§
									20-64-1002 ).
ARTICLE 5.
STRUCTURE
Three 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 Division of
				Aging, Adult, and Behavioral Health Services; a Law Enforcement Committee; and
				a Policies and Procedures Committee. The Arkansas Drug Director may establish a
				Joint Action Committee as well as other committees as necessary. 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 DAABHS and are to be
				submitted in accordance with DAABHS's rules and regulations, while funding
				consideration of competitive contract proposals must abide by state procurement
				procedures. DAABHS shall not forward a competitive grant/contract and/or
				continuation request to the Committee unless it lias met (1) teciinicai review
				to assure compliance with grant/contract requirements and (2) program review to
				assure the proposed project is sound and appropriate to the DAABHS 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 a grantee/contractor returned
				to DAABHS 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.