53A-15-205 - Disability Determination Services Advisory Council -- Membership -- Duties -- Requirements for DDDS.
53A-15-205. Disability Determination Services Advisory Council -- Membership --Duties -- Requirements for DDDS.
(1) As used in this section, "council" means the Disability Determination ServicesAdvisory Council created in Subsection (2).
(2) There is created the Disability Determination Services Advisory Council to act as anadvisory council to the State Board of Education regarding the Division of DisabilityDetermination Services (DDDS) established under Chapter 24, Part 5.
(3) The council is composed of the following members:
(a) the administrator of DDDS;
(b) a representative of the United States Department of Health and Human Services,Social Security Administration, appointed by the board; and
(c) nine persons, appointed by the board in accordance with Subsections (5) and (6), whorepresent a cross section of:
(i) persons with disabilities;
(ii) advocates for persons with disabilities;
(iii) health care providers;
(iv) representatives of allied state and local agencies; and
(v) representatives of the general public.
(4) The members appointed under Subsections (3)(a) and (3)(b) serve as nonvotingmembers of the council.
(5) In appointing the members described in Subsection (3)(c), the board shall:
(a) solicit nominations from organizations and agencies that represent the interests ofmembers described in that subsection; and
(b) make every effort to create a balance in terms of geography, sex, race, ethnicity, andtype of both mental and physical disabilities.
(6) (a) In making initial appointments of members described in Subsection (3)(c), theboard shall appoint three members for two-year terms, three members for four-year terms, andthree members for six-year terms. All subsequent appointments are for four years.
(b) The board shall fill any vacancy that occurs on the council for any reason byappointing a person for the unexpired term of the vacated member.
(c) Council members are eligible for one reappointment and serve until their successorsare appointed.
(7) Five voting members of the council constitute a quorum. The action of a majority ofa quorum represents the action of the council.
(8) Members of the council serve without compensation but may be reimbursed forexpenses incurred in the performance of their official duties.
(9) (a) The council shall annually elect a chairperson from among the membershipdescribed, and shall adopt bylaws governing its activities.
(b) The chairperson shall set the meeting agenda.
(10) The council shall:
(a) advise DDDS and the Social Security Administration regarding its practices andpolicies on the determination of claims for social security disability benefits;
(b) participate in the development of new internal practices and procedures of DDDS andpolicies of the Social Security Administration regarding the evaluation of disability claims;
(c) recommend changes to practices and policies to ensure that DDDS is responsive to
disabled individuals;
(d) review the DDDS budget to ensure that it is adequate to effectively evaluate disabilityclaims and to meet the needs of persons with disabilities who have claims pending with DDDS;and
(e) review and recommend changes to policies and practices of allied state and federalagencies, health care providers, and private community organizations.
(11) The council shall annually report to the board, the governor, and the LegislativeHealth and Human Services Interim Committee regarding its activities.
(12) (a) To assist the council in its duties, DDDS shall provide the necessary staffassistance to enable the council to make timely and effective recommendations.
(b) Staff assistance may include:
(i) distributing meeting agendas;
(ii) advising the chairpersons of the council regarding relevant items for councildiscussion; and
(iii) providing reports, documents, budgets, memorandums, statutes, and regulationsregarding the management of DDDS.
(c) Staff assistance shall include maintaining minutes.
Amended by Chapter 210, 2002 General Session