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Law No. 467 Of 4 November 2004

Original Language Title:  LEGE nr. 467 din 4 noiembrie 2004

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LEGE no. 467 467 of 4 November 2004 to amend and supplement Government Ordinance no. 14/2003 on the establishment, organisation and functioning of the National Disability Authority
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 1.057 1.057 of 15 November 2004



The Romanian Parliament adopts this law + Article I Government Ordinance no. 14/2003 on the establishment, organization and functioning of the National Authority for Persons with Disabilities, published in the Official Gazette of Romania, Part I, no. 63 of 1 February 2003, approved with amendments and additions by Law no. 239/2003 , as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 4 (1), letter v) shall read as follows: "" v) authorise legal persons under public or private law to carry out activities in the field of special protection of persons with disabilities and to establish a centre-pilot, care and assistance centres, recovery centres and rehabilitation, integration centers through occupational therapy, day care centers, as well as other types of centers; ". 2. After Article 4, Articles 4 ^ 1-4 ^ 6 are inserted, with the following contents: "" Art. 4 4 ^ 1. -For the purposes of this ordinance, programmes of national interest shall mean those programmes which contribute to: a) achievement of the objectives of reforming the service system and institutions for the care of adults with disabilities; b) ensuring the proper functioning of the system referred to in point a), with a view to improving the performance indicators of those services and institutions. Article 4 ^ 2. -(1) The Authority may finance or, where appropriate, co-finance the following types of programmes of national interest for the protection of adults with disabilities: a) specific programmes for the implementation of the National Strategy on Special Protection and Social Integration of Persons with Disabilities in Romania; b) emergency programs to overcome crisis situations, in order to ensure the care of adults with disabilities, determined either by natural calamities or by the impossibility of local authorities to ensure from their own budget the necessary amounts for their care, as well as, where appropriate, for humanitarian interventions; c) any other programmes corresponding to the field of activity of the Authority (2) The programs of national interest provided in par. ((1) lit. a), complementary to locally funded actions, may have the following general objectives: a) making the necessary investments for the development, diversification, restructuring and proper functioning of the services and institutions that provide care for adults with disabilities; b) carrying out studies, research and publications within its field of activity; c) initial and continuous training of the staff operating within the services and institutions providing care for adults with disabilities; d) informing public opinion about the rights of adults with disabilities through media coverage campaigns; e) any other objectives corresponding to the Authority's field of activity. Article 4 ^ 3. -The programs of national interest are approved by Government decision, based on the foundations developed by the Authority. Article 4 ^ 4. -(1) Funding or, where appropriate, the co-financing of programmes of national interest shall be ensured from the following sources a) the state budget; b) reimbursable and non-reimbursable external credits from governmental and non-governmental sources; c) donations, sponsorships and other sources, under the law. ((2) Amounts allocated from the sources referred to in par. (1) will be included in the Authority's own budget. Article 4 ^ 5. -(1) For the purpose of financing programmes of national interest, the Authority shall be authorized to allocate funds from its own budget: a) public social assistance services subordinated to the county councils and local councils of the sectors of Bucharest; b) authorized private bodies, according to law. (2) Allocation of funds according to par. (1) is made on the basis of conventions concluded with the county councils and the local councils of the sectors of Bucharest, respectively with the private bodies authorized according to the law. Art. 4 ^ 6. -The Authority is authorized to finance projects within the national interest programs in its field of activity to be carried out, on the basis of convention, in collaboration with ministries, with other specialized bodies of the administration central public, as well as with other public authorities or institutions. " 3. In Article 8, paragraph 1 shall read as follows: "" Art. 8. -(1) The maximum number of posts for the central apparatus of the Authority shall be 78, excluding the President and the Vice-President, and for the subordinate units shall be 135 4. Article 9 shall read as follows: "" Art. 9. -(1) In the structure of the Authority operates the Higher Commission of Medical Expertise of Persons with Disabilities for Adults, hereinafter referred to as the Higher Commission, with decision-making activity in the resolution of appeals framing in a category of persons with disabilities, issued by the county commissions or the sectors of Bucharest. (. The higher Commission shall be appointed by the order of the President of the Authority and shall have a) President, medical specialist in medical expertise and recovery of work capacity, internal or public health, graduate of sociomedical management courses lasting at least one year; b) two medical specialists, proposed by the Ministry of Health, in the following specialties, depending on the condition that produces the disability: internal, surgery-orthopedics, ophthalmology, psychiatry, neurology; c) a representative appointed by the National Council of Disability in Romania; d) a psychologist or a social worker. (3) In the upper commission, specialist committees may be established, depending on the conditions which produce the disability, by order of the President of the Authority. (4) The President of the Higher Commission shall engage in the contest, Law no. 53/2003 -Labor Code, as amended. ((. Members of the Higher Commission, with the exception of the President, shall be entitled to a meeting allowance. The gross monthly amount of the meeting allowances, for each member of the Higher Commission, shall not exceed 20% of the allowance of the President of the Authority and shall be granted in proportion to the number of meetings he attended in that month. (6) The Rules of Organization and Functioning of the Commission shall be approved by order of the President of the Authority (7) The secretarial activity of the superior Commission shall be provided by a computer operator and by 2 secretaries, employed by the competition, under the law. " 5. In Article 11 (2), letter c) shall read as follows: "c) verify the achievement of the legal obligation of authorities and institutions to ensure the accessibility of persons with disabilities and apply the sanctions provided by law;". 6. In Article 11, after paragraph 5, paragraphs 5 ^ 1 and 5 ^ 2 shall be inserted as follows: " (5 ^ 1) In each county operates an inspector who is under the direct subordination of the chief inspector at the regional level. ((5 ^ 2) The inspectors shall be appointed on the basis of competition organized by the Authority by order of its president. " 7. In Article 11, paragraph 6 shall read as follows: " (6) The state of functions, as well as the rules of organization and functioning of the inspections shall be approved by order of the President of the Authority, with the opinion of the Ministry of Labour, Social Solidarity and Family. 8. In Article 12, paragraph 4 shall read as follows: "(4) The state of functions and the organization and functioning regulations of the Institute shall be approved by order of the President of the Authority." 9. In Article 13, paragraphs 7 to 9 shall read as follows: " (7) The commissions shall be established by decision of the county councils, respectively of the local councils of the sectors of Bucharest, and have the following composition: a) a president, medical specialist in medical expertise and recovery of work capacity, internal or public health, graduate of sociomedical management courses lasting at least one year; b) two medical specialists, proposed by the county public health department, respectively of the city of Bucharest, in the following specialties, depending on the condition that produces the disability: internal, surgery-orthopedics, ophthalmology, psychiatry, neurology; c) a representative appointed by non-governmental organizations, who carry out special protection activities of persons with disabilities, with the opinion of the National Council of Disability in Romania; d) a psychologist or a social worker. (8) The President of the Commission, without being a civil servant, is part of the staff structure of the public social assistance service. (9) Members of the Commissions shall be entitled to a meeting allowance, with the exception of the President. The gross monthly amount of the meeting allowances, for each member of the Commissions, may not exceed 20% of the allowance of the president of the county council, respectively the mayors of the sectors of the city of Bucharest, and shall be the number of meetings attended by that month. '; 10. in Article 13, after paragraph 10, paragraph 11 is inserted as follows: " (11) The secretarial activity of the county commissions and the local commissions of the sectors of Bucharest is provided by a computer operator and 2 secretaries, which are part of the personnel structure of the general assistance directorate social and protection of the child subordinated to the county councils, respectively of the local councils of the sectors of Bucharest 11. Article 15 shall read as follows: "" Art. 15. -The Authority, the county councils and the local councils of the sectors of Bucharest have the obligation to ensure proper conditions of operation of the inspections, so as to avoid agglomerations, undignified treatment and delaying the resolution of citizens ' requests, as well as accessibility conditions for people with disabilities. " 12. Article 16 shall read as follows: "" Art. 16. -The Authority uses a park of its own means of transport, consisting of 4 cars for its own device and 55 cars distributed to the inspections and county inspectors. The monthly consumption of fuel is determined according to the legal provisions in force. " + Article II Government Ordinance no. 14/2003 on the establishment, organization and functioning of the National Authority for Persons with Disabilities, approved with amendments and additions by Law no. 239/2003 , with subsequent amendments and completions, including those brought by this law, will be published in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, November 4, 2004. No. 467. _____________