Key Benefits:
The Prime Minister,
On the report of the Minister of Health, Family and Persons with Disabilities and the Minister of Social Affairs, Labour and Solidarity,
Considering the Labour Code, including articles L. 323-11 and D. 323-3-1 and following;
Considering the code of social action and families, including its article L. 312-1-I;
Having regard to the opinion of the National Health Insurance Fund for Employees dated 8 July 2003;
Considering the opinion of the National Family Allowance Fund of 15 July 2003,
Decrete:
The provisions of Article D. 323-3-1 of the Labour Code are replaced by the following provisions:
"Art. D. 323-3-1. - The technical guidance and professional reclassification commission provided for in Article L. 323-11 is composed as follows:
“(a) Three General Advisers and three alternates appointed by the General Council;
“(b) The departmental director of work, employment and vocational training or his representative;
"(c) The departmental director of health and social affairs or his representative;
"(d) Three persons proposed jointly because of their competence by the Departmental Director of Labour, Employment and Vocational Training and the Head of the Regional Service for Labour Inspection, Employment and Agricultural Social Policy;
“e) A doctor proposed by the departmental director of health and social affairs;
“(f) Two persons, including a doctor, designated by the President of the General Council for their health and social action competence;
“(g) A person proposed because of his jurisdiction by the head of the departmental service of the National Veterans and War Victims Office;
“(h) Four representatives of health insurance and family benefits organizations proposed jointly by the Regional Director of Health and Social Affairs and the Head of the Regional Service for the Inspection of Labour, Employment and Agricultural Social Policy among the persons presented by these organizations;
“(i) Three qualified personalities identified among persons presented by the management organizations of institutions or services for persons with disabilities, including at least one submitted by the management organizations of establishments or services referred to in 5° of section L. 312-1 (I) of the Code of Social Action and Families and the management organizations of protected workshops; two of these qualified personalities are designated by the prefect on a joint proposal by the departmental director of labour, employment and vocational training and the departmental director of health and social affairs and one by the president of the General Council;
“j) Two qualified personalities designated by the prefect on a joint proposal by the departmental director of work, employment and vocational training and the departmental director of health and social affairs among the persons presented by associations representing persons with disabilities; one of these qualified personalities is proposed by the representative associations of workers with disabilities;
“(k) A qualified personality chosen on the proposal of the departmental director of work, employment and vocational training among the persons presented by the union organizations of the most representative employers;
"(l) A qualified personality chosen under the same conditions among the persons presented by the union organizations of the most representative employees and officials;
“m) Three persons serving as human resources officials or assimilated positions in a state administration, a territorial authority and an institution referred to in Article 2 of Act No. 86-33 of 9 January 1986, with statutory provisions relating to the hospital public service.
"The presentations set out in the h to the above shall be made in the month following the receipt of the letter inviting trade union organizations, associations and organizations to make such presentations.
"The members referred to in a above shall be designated as a result of each renewal of the General Council.
"Members other than those provided in a, b and c above are appointed by the prefect for three years renewable.
"An alternate of each member referred to in d to m above shall be appointed under the same conditions as the licensee. »
Articles D. 323-3-5 to D. 323-3-16 of the Labour Code are replaced by articles D. 323-3-5 to D. 323-3-12 as follows:
"Art. D. 323-3-5. - A multidisciplinary technical team, whose composition is decided by the prefect and the president of the general council, examines the requests submitted to the commission, collects the necessary opinions and presents the synthesis of its work to the ruling commission.
"It includes, at least, a doctor, a social service assistant, a psychologist, an employment advisor.
"The members of the technical team cannot be designated as members of the commission.
"The team can rely on external skills that seem to be necessary for the instruction of applications.
"A member of the team shall contact the person concerned with the application and, where appropriate, with the person, institution or service referred to in Article D. 323-3-7 of the Labour Code, who has entered the commission. »
"Art. D. 323-3-6. - The territorial jurisdiction of the commission is determined by the place of residence of the person with disabilities.
"This jurisdiction may, however, be referred by the chair of the above-mentioned place to that of the department where the individual is in treatment or rehabilitation. »
"Art. D. 323-3-7. - The commission is seized by the person with a disability herself, by his or her parents, by the persons who have the effective charge, by his or her legal representative or by the authority responsible for the establishment or social or medical-social service that ensures the care or support of the person. In the latter cases, the person with disabilities is informed of the referral of the commission.
"The application before the commission shall consist of a form, a medical certificate and, if any, of the parts provided by the regulations in force.
"The commission is validly seized when the application form, duly completed, dated and signed, together with the medical certificate and, where appropriate, supporting documentation, is received from the secretariat of the commission.
"The application form model and the medical certificate are defined by order of the Minister for Persons with Disabilities. »
"Art. D. 323-3-8. - The person with a disability and, if necessary, his or her legal representative shall be called to the meeting at which the commission shall consider his or her application.
"This convocation is sent at least ten days in advance.
"It specifies the time and place of convocation; She reminds the person with disabilities of being assisted by a person of his or her choice. »
"Art. D. 323-3-9. - The commission meets on the convocation of its president.
"In the event of the President's incapacity or absence, the chair of the session shall be provided under the conditions set by the prefect.
"In the event of a vote, the president's voice is preponderant. »
"Art. D. 323-3-10. - The Commission shall establish its rules of procedure, including:
" - the possibilities of relocation of meetings;
" - the modalities for the implementation of the provisions of Article D. 323-3-3;
" - the procedure for convening meetings.
"The deliberation of the commission adopting the rules of procedure is published in the compendium of the administrative acts of the department. »
"Art. D. 323-3-11. - The decisions of the commission must be motivated and specify the duration of their validity.
"This may not exceed five years, unless otherwise provided by law or regulation.
"Decisions are notified within one month to the applicant and interested organizations.
"The decisions are signed by the chair of the commission or, if not, by the chair of the meeting. »
"Art. D. 323-3-12. - Each year, the chair of the commission sends a report to the prefect on the work of the commission. »
An article D. 323-3-13 is drafted as follows:
"Art. D. 323-3-13. - The graceful appeal against a decision of the commission within the time limit of litigation has the effect of retaining that time limit. »
The Minister of Interior, Homeland Security and Local Freedoms, the Minister of Social Affairs, Labour and Solidarity, the Minister of Defence, the Minister of Health, Family and Persons with Disabilities, the Minister of Agriculture, Food, Fisheries and Rural Affairs, the Minister of Public Service, State Reform and Land Management, the Secretary of State for Persons with Disabilities, and the Minister of State for Persons with Disabilities.
Done in Paris, 19 December 2003.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Health, Family
and persons with disabilities,
Jean-François Mattei
The Minister of the Interior,
of Internal Security
and local freedoms,
Nicolas Sarkozy
Minister of Social Affairs,
and solidarity,
François Fillon
The Minister of Defence,
Michèle Alliot-Marie
Minister of Agriculture, Food,
and Rural Affairs,
Hervé Gaymard
The Minister of Public Service,
of State Reform
and landscaping,
Jean-Paul Delevoye
Secretary of State
to persons with disabilities,
Marie-Thérèse Boisseau
Secretary of State
to veterans,
Hamlaoui Mékachéra
