Law Amending And Supplementing The Law On Integration Of People With Disabilities

Original Language Title: Закон за изменение и допълнение на Закона за интеграция на хората с увреждания

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Name of law Law amending and supplementing the law on integration of people with disabilities Name of Bill a bill amending and supplementing the law on integration of people with disabilities date adopted 11/03/2014 number/year Official Gazette 27/2014 Decree No 50

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on integration of people with disabilities, adopted by the HLIÌ National Assembly on 11 March 2014.

Issued in Sofia on 20 March 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

amending and supplementing the law on integration of people with disabilities (official SG. 81 in 2004, amend., no. 28, 88, 94, 103 and 105 by 2005, issue 18, 30, 33, 37, 63, 95, 97 and 108 of 2006, issue 31, 46 and 108 in 2007 and 41/74/2009 24/62, and 98 of 2010. , PC. 15, 66 and 68 in 2013)

§ 1. In art. 9, para. 3 the words "health information" are replaced by "in public health and analyses" and after the words "the State Agency for child protection" a comma and add "the National Revenue Agency.

§ 2. In art. 29 following amendments and supplements shall be made:

1. Paragraphs 1 and 2 shall be read with the following adaptations:

(1) the Agency for people with disabilities keep a register of specialized enterprises and cooperatives of persons with disabilities. The register is public and is kept in electronic form.

(2) the register referred to in para. 1 fit and maintain data for all specialized enterprises and cooperatives for disabled people who meet the requirements of art. 28, para. 1. "

2. Al are created. 3, 4 and 5: "(3) for entry in the register under para. 1 persons representing specialized enterprises and associations for people with disabilities, or persons authorized by them shall submit an application in a form approved by the Executive Director of the Agency for persons with disabilities.

(4) an application under subsection. 3 the following documents:

1. a statement of the circumstances under art. 28, para. 1, item 2 in a form approved by the Executive Director of the Agency for persons with disabilities;

2. a statement of the circumstances under art. 28, para. 1, item 3 on the pattern established by the Executive Director of the Agency for persons with disabilities;

3. a document certifying the right of individuals to carry out activities subject to registration, authorisation or licence by special law.

(5) the request under paragraph 1. 3 together with the documents referred to in para. 4 shall be submitted in person, by mail, with acknowledgement of receipt or by the order of the electronic document and electronic signature law. "

§ 3. Art is created. 29A:

"Art. 29. (1) within 10 days of the date of submission of the application and the documents referred to in art. 29, the Executive Director of the Agency for people with disabilities or authorized officer shall check the documents and of the conditions under art. 28, para. 1.

(2) upon finding gaps in the required documents the Agency for people with disabilities gives the applicant 10 days to remove them. In this case, the period referred to in paragraph 1. 1 is extended with the time limit for removal of the irregularities, but no more than 20 days from the date of submission of the application for registration.

(3) within three days after the expiry of the time limits referred to in para. 1 and 2, the Executive Director of the Agency for people with disabilities or an official authorised by him shall issue an order for entry in the register under art. 29, para. 1 or a reasoned order which refused registration.

(4) the Executive Director of the Agency for people with disabilities or an official authorised by him within three days from the date of issue of the order made an entry in the register under art. 29, para. 1 and shall issue a certificate of registration.

(5) the order under paragraph 1. 3 subject to appeal pursuant to the administrative code.

(6) the appeal of the order under paragraph 1. 3 does not stop its implementation. "

§ 4. Art is created. 29 (b):

"Art. 29. (1) (b) registry of specialized enterprises and cooperatives of disabled persons shall be entered in the following circumstances:

1. data for the specific company or cooperative of disabled people – UIC, the name and address of the course of business;

2. data concerning the representation of the specialist company or cooperative of disabled people on the registration by the competent authority – name, permanent and/or current address;

3. the activity of the specialized company or cooperative of disabled people;

4. data under art. 28, para. 1, item 2;

5. the data referred to in art. 28, para. 1, item 3;

6. cancellation of the registration date and the reason for it;

7. changes in the circumstances referred to in item 1-6;

8. comments on the entries.

(2) a Registered Specialist enterprises and cooperatives of persons with disabilities are required to notify in writing the Agency for people with disabilities of any changes in the circumstances listed in the register, within 14 days of the event in question, applying and relevant documents that prove them. "

§ 5. Art is created. 29:

"Art. 29. (1) the registration in the register of specialized enterprises and cooperatives of disabled persons shall be deleted:

1. at the request of the specialized company or cooperative of disabled people;

2. upon termination of the specialist company or cooperative of disabled persons and in the deletion from the trade register or the register under art. 3 of the law on cooperatives;

3. failure to comply with the requirements of art. 28, para. 1, item 2;

4. failure to comply with the requirements of art. 28, para. 1, item 3;

5. where two or more violations within a year of the provisions of art. 29 (b), para. 2.


(2) Cancellation of the registration shall be made by order of the Executive Director of the Agency for persons with disabilities or the authorized officer.

(3) the order under paragraph 1. 2 subject to appeal pursuant to the administrative code.

(4) the appeal of the order under paragraph 1. 2 does not stop its implementation.

(5) in the cases referred to in para. 1, item 3 – 5 renewal of the registration of the specialist company or a cooperative may be made within a period of not less than 6 months from the date of cancellation. Renewal of registration is done by the procedure of art. 29A. "

§ 6. Art is created. 29 d: "art. 29. the register under art. 29, para. 1 is used to monitor and control of specialized enterprises and cooperatives of persons with disabilities and of the work carried out by them in the performance of assigned projects and programmes under art. 28, para. 2. Monitoring shall be carried out by the Agency for people with disabilities and are governed by the regulation for implementation of the law. "

§ 7. Article 35 shall be replaced by the following:

"Art. 35. (1) the Agency for persons with disabilities shall keep a register of persons carrying out activities on the provision and repair of tools, accessories and equipment and medical devices, designed for people with disabilities. The register is public and is kept in electronic form.

(2) activities in the provision of assistive devices, gadgets and equipment, and medical devices, designed for people with disabilities shall be carried out by persons who are registered as traders under the national law of a Member State of the European Union, the other State party to the agreement on the European economic area or the Swiss Switzerland and do not have public obligations.

(3) in the registry under para. 1 fit and maintain data on persons engaged in activities under the provision and repair of tools, accessories and equipment and medical devices, designed for people with disabilities.

(4) for entry in the register under para. 1 the persons or persons authorized by them shall submit an application in a form approved by the Executive Director of the Agency for persons with disabilities, and accompanied by the following documents:

1. a single identification code (UIC) of the person;

2. a declaration of the absence of obligations to the National Revenue Agency;

3. the list of medical devices and AIDS, adaptations and equipment for people with disabilities, for which the activity will be carried out, with a description of the type of models in paper or electronic format;

4. the list of projects, in which the activities will be implemented by providing medical devices, assistive devices, gadgets and facilities for people with disabilities, with the indicated address, telephone, fax/e-mail per person – responsible for the site;

5. a statement that the premises in which the activity will be carried out, satisfy the conditions for storage of medical devices according to their specificity and the manufacturer's instructions set out in the instructions for use;

6. list of service bases, which will provide warranty and out of warranty service, where such is required, with a specified address, telephone, fax/e-mail address and person-based Manager;

7. Declaration of conformity of the premises in which the activity takes place in the provision of assistive devices, gadgets and equipment, and medical devices, designed for people with disabilities, with the criteria and requirements of the Ordinance under art. 35 a, para. 9;

8. Declaration of conformity of the objects in the warranty and after warranty service of assistive tools, gadgets and equipment, and medical devices, designed for people with disabilities, with the criteria and requirements of the Ordinance under art. 35 a, para. 9. (5) The documents referred to in para. 4 persons who wish to register for carrying out the activity in the provision of hearing aids, and provide a list of the centres in Otorhinolaryngology hearing aid with a specified address, telephone, fax/e-mail per person – responsible for the Centre, as well as a declaration of minimum provided two-year warranty of the products.

(6) the application and the documents referred to in para. 4 and 5 must be submitted in person, by mail, with acknowledgement of receipt or by the order of the electronic document and electronic signature law.

(7) the persons referred to in para. 2, which are not registered under Bulgarian law, submitted to the Agency for people with disabilities and a certified translation of documents, certifying commercial registration under their national legislation.

(8) the Executive Director of the Agency for people with disabilities or authorized officer may verify the requested data and circumstances of its own motion, as the competent State authorities and administrations and the applicants are required to provide all necessary assistance. "

§ 8. New art. 35A:

"Art. 35. (1) applications under art. 35 shall be examined by the Commission, established by order of the Executive Director of the Agency for persons with disabilities.

(2) within 14 days from the date of receipt of the documents referred to in art. 35 the Commission shall make a reasoned proposal for registration or refusal by the Executive Director of the Agency for people with disabilities, which ends its work.

(3) upon finding irregularities in the documents referred to in art. 35 the person is given 10 days to remove them. In this case, the period referred to in paragraph 1. 2 shall be extended by the term for elimination of the deficiencies, but no more than 20 days from the date of submission of the application for registration.


(4) the Commission's discretion under para. 1 may be carried out checks on the authenticity of the documents presented and the declared circumstances. In this case, the period referred to in paragraph 1. 2 shall be extended by the duration of the inspection, but no more than 20 days from the date of submission of the application for registration.

(5) the Executive Director of the Agency for people with disabilities or an official authorised by him within three days from the date of completion of the work of the Commission issued an order for entry in the register under art. 35, para. 1 or a reasoned order which refused registration.

(6) the Executive Director of the Agency for people with disabilities or an official authorised by him within three days from the date of issue of the order made an entry in the register under art. 35, para. 1 and shall issue a certificate of registration.

(7) the order under paragraph 1. 5 subject to appeal pursuant to the administrative code.

(8) the appeal of the order under paragraph 1. 5 does not stop its implementation.

(9) the conditions and procedures for the implementation and control of the activities on the provision and repair of tools, accessories, equipment, and medical devices, designed for people with disabilities shall be determined by an Ordinance of the Minister of labour and social policy. "

§ 9. Art is created. 35 (b):

"Art. 35 (b). In the register of persons carrying out activities on the provision and repair of tools, accessories and equipment and medical devices, designed for people with disabilities, the following circumstances:

1. unified identification code, name, seat and address of the course of business;

2. nature and scope of activity;

3. type and model of AIDS, appliances, equipment, and medical devices for people with disabilities;

4. number and date of the certificate of registration;

5. other circumstances. "

§ 10. Art is created. 35 in:

"Art. 35. (1) the registration of persons carrying out activities on the provision and repair of tools, accessories and equipment, and medical devices for people with disabilities shall be deleted:

1. at the request of the person;

2. upon termination of the person's registration as a trader;

3. where two or more violations of the provisions of the Ordinance under art. 35 a, para. 9 within one year.

(2) Cancellation of the registration shall be made by order of the Executive Director of the Agency for persons with disabilities or the authorized officer.

(3) the order under paragraph 1. 2 subject to appeal pursuant to the administrative code.

(4) the appeal of the order under paragraph 1. 2 does not stop its implementation.

(5) in the cases referred to in para. 1, item 3 the renewal of the registration of the person pursuing an activity on the provision and repair of tools, accessories and equipment and medical devices, designed for people with disabilities, can be completed within a period of not less than 6 months from the date of cancellation. Renewal of registration is done by the procedure of art. 35 and 35A. "

§ 11. Former art. 35 and becomes art. 35.

§ 12. In art. 54 (a), para. 1 the words "art. 35, para. 5 ' shall be replaced by "art. 35 a, para. 9. "

Additional provision

§ 13. Everywhere in the law the words "art. 35 (a) ' shall be replaced by "art. 35. "

Transitional and final provisions

§ 14. Issued certificates for entry in the registers kept by the Agency for people with disabilities, prior to the entry into force of this Act, continue their action until dropping out of one of the grounds for this.

§ 15. Started procedures for entry in the registers kept by the Agency for people with disabilities, prior to the entry into force of this law shall be completed in the previous row.

§ 16. Within three months of the entry into force of this law shall be adopted the necessary amendments to the regulations.

The law was adopted by the 42nd National Assembly on 11 March 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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