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Law No. 448 Of 6 December 2006 (Republished) On The Protection And Promotion Of The Rights Of Persons With Disabilities *)

Original Language Title:  LEGE nr. 448 din 6 decembrie 2006 (*republicată*) privind protecţia şi promovarea drepturilor persoanelor cu handicap*)

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LEGE no. 448 448 of 6 December 2006 (** republished) (* updated *) on the protection and promotion of disability rights *) ((updated until 30 June 2016 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. III of Government Emergency Ordinance no. 14/2007 to amend and supplement Law no. 448/2006 on the protection and promotion of rights of persons with disabilities, published in the Official Gazette of Romania, Part I, no. 187 of 19 March 2007, approved with amendments and additions by Law no. 275/2007 , published in the Official Gazette of Romania, Part I, no. 700 of 17 October 2007, giving the texts a new numbering. Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities was published in the Official Gazette of Romania, Part I, no. 1.006 1.006 of 18 December 2006 and has been amended by Law no. 241/2007 for the repeal of some regulations granting exemptions or exemptions from the payment of customs duties of some goods, published in the Official Gazette of Romania, Part I, no. 496 496 of 24 July 2007. + Chapter I General provisions, definitions and principles + Article 1 This law regulates the rights and obligations of persons with disabilities granted for the purpose of their integration and social inclusion. + Article 2 (1) Persons with disabilities are those persons to whom the social environment, not adapted to their physical, sensory, mental, mental and/or associated deficiencies, totally prevents them or limits their access with equal opportunities to the life of society, requiring measures of protection in support of integration and social inclusion. ---------- Alin. ((1) of art. 2 2 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. (2) The provisions of this law benefit children and adults with disabilities, Romanian citizens, citizens of other states or stateless persons, during the period in which they have, according to the law, their domicile or residence in Romania. + Article 3 The protection and promotion of disability rights are based on the following principles: a) respect for human rights and fundamental freedoms; b) preventing and combating discrimination; c) equalization of chances; d) equal treatment in terms of employment and employment; e) social solidarity; f) community empowerment; g) subsidiarity; h) adaptation of the society to the disabled person i) interest of the disabled person; j) integrated approach; k) partnership; l) freedom of option and control or decision over the life, services and forms of support they benefit from; m) the person-centred approach in the provision of services; n) protection against neglect and abuse; o) choosing the least restrictive alternative in determining the necessary support and assistance; p) the integration and social inclusion of persons with disabilities, with equal rights and obligations as all other members of society. + Article 4 Public authorities, social service providers, representatives of civil society, as well as natural and legal persons responsible for the application of this law are obliged to promote, respect and guarantee the rights of the person with disability, established in accordance with the provisions of the revised European Social Charter, adopted in Strasbourg on 3 May 1996, ratified by Law no. 74/1999 , as well as with the other domestic and international acts in terms of which Romania is a party. + Article 5 Within the meaning of the present law, the terms and expressions used have the following meanings: 1. unhindered access of the person with disabilities-access without limitations or restrictions to the physical, informational and communicational environment; 2. accessibility-the ensemble of measures and works to adapt the physical environment, as well as the information and communicational environment according to the needs of persons with disabilities, essential factor for the exercise of rights and fulfillment of obligations persons with disabilities in society; 3. adaptation-the process of transformation of the physical and information environment, of products or systems, in order to make them available also to persons with disabilities; 4. reasonable adaptation to the workplace-the totality of changes made by the employer to facilitate the exercise of the right to work of the disabled person; involves the modification of the working hours, the purchase of equipment, devices and assistive technologies and other measures as well; 5. Assisted employment-the option of employment that facilitates work in regular jobs in the competitive labour market and which involves providing support in the search for workplace and workplace, transport, helpful technologies, training, specialization 6. personal assistant to the severely disabled person-the person supervising, providing assistance and care to the child or adult with serious disability, based on the recovery plan for the disabled child, respectively of the individual plan of services of the adult person with disabilities; 7. professional personal assistant-certified natural person who provides at the home or care and protection of the adult with serious or stressed disability, under the conditions specified by law; 8. living assistance-includes animal assistance, as for example, dog-guides; 9. protected workshop-the space adapted to the needs of people with disabilities, where they carry out training, development and skills improvement activities; can operate in locations in the community, in day care centers, in residential centers and in special educational establishments; 10. the complementary personal budget-sets the limits of personal expenses during a month, depending on the degree of disability, for the payment of the radio/TV subscription fee, the included impulses telephone subscription and the subscription fee to electric current; 11. ways and means of access-the elements by which access to public buildings is ensured and which ensure the possibility of moving persons with disabilities inside the building; 12. special educational requirements-additional educational needs, complementary to the general objectives of education adapted to the individual and characteristic peculiarities of a certain deficiency or disorder/learning difficulties, as well as a complex nurse of medical, social, etc.; 13. public utility buildings-buildings belonging to public and private institutions that offer the population different types of services; 14. commission for the evaluation of adults with disabilities-specialized body without legal personality subordinated to the county councils, respectively of the local councils of the sectors of Bucharest, whose main tasks are established by this Law; 15. contracting-financing/co-financing procedure by local public administration authorities of public social services made by private social service providers, accredited under the law; 16. disability-the generic term for impairments/deficiencies, activity limitations and participation restrictions, defined according to the International Classification of Functioning, Disability and Health, adopted and approved by the World Organization of Health, and which reveals the negative aspect of the individual-context interaction; 17. equalization of chances-the process by which the different social and environmental structures, infrastructure, services, informative or documentary activities become available and persons with disabilities; 18. social inclusion-the set of multidimensional measures and actions in the fields of social protection, employment, housing, education, health, information and communication, mobility, security, justice and culture, intended combating social exclusion; 19. monthly allowance-monthly social benefit representing amounts of money granted to persons with disabilities likely to facilitate equalization of chances, ensuring an autonomous life and favoring their social inclusion; 20. social integration-the interaction process between the individual or the group and the social environment, through which a functional balance of the parties is achieved; 21. companion-person who accompanies the person with disabilities and who benefits from rights under the conditions provided by law; 22. protected workplace-the space related to the activity of the disabled person, adapted to its needs, which includes at least the workplace, equipment, toilet and access routes; 23. case manager-the pluridisciplinary team member who coordinates, monitors and evaluates the fulfilment of the individual service plan, as well as the measures taken in relation to the adult with disabilities; 24. individual service plan-the document setting short, medium and long-term objectives, specifying the modalities of intervention and support for adults with disabilities, through which the activities and services specified in the program are carried out individual rehabilitation and social integration; 25. Individual rehabilitation and social integration program-the document developed by the evaluation committee of adults with disabilities, in which the activities and services of which the disabled adult needs in the integration process are specified social; 26. legal representative-the parent or person designated, according to the law, to exercise the rights and fulfill obligations to the disabled person; 27. Equal opportunities-the outcome of the chance equalization process, whereby the different structures of society and the environment are accessible to all, including persons with disabilities; 28. assistive and access technology-technology that ensures equal opportunities for people with disabilities to the physical, informational and communicational environment; 29. authorized protected unit-the economic operator of public or private law, with its own management, within which at least 30% of the total number of employees with individual employment contract are persons with disabilities. + Chapter II Rights of persons with disabilities + Article 6 Persons with disabilities enjoy rights to: a) health protection-prevention, treatment and recovery; b) vocational education and training; c) employment and adaptation of the job, orientation and retraining; d) social assistance, social services and social benefits; e) dwelling, setting up the living environment, transport, access to the physical, informational and communicational environment; f) leisure, access to culture, sports, tourism; g) legal assistance; h) tax incentives; i) evaluation and reassessment by examination at home of non-displaced persons by the members of the evaluation committee, at a period of 2 years. + Article 7 (1) The promotion and observance of the rights of persons with disabilities mainly accrue to the local public administration authorities where the disabled person is domiciled or resident and, in the alternative, respectively complementary, to the authorities central public administration, civil society and the family or legal representative of the person with disabilities. ((2) On the basis of the principle of equal opportunities, the competent public authorities have the obligation to provide the necessary financial resources and to take specific measures to ensure that persons with disabilities have direct and unhindered access to services. + Article 8 (1) The National Authority for Persons with Disabilities and other central and local public authorities have the obligation to ensure, according to this law, the necessary conditions for the integration and social inclusion of persons with disabilities. (2) The National Authority for Persons with Disabilities shall develop policies and ensure the monitoring and enforcement of the rights of persons with disabilities. (3) In order to achieve the provisions provided in par. (2), the National Authority for Persons with Disabilities may enter into partnerships with non-governmental organizations of persons with disabilities, representing their interests or carrying out activities in the field of promotion and defence human rights. + Section 1 Health and recovery + Article 9 (1) For the protection of the physical and mental health of persons with disabilities, public authorities are required to take the following specific measures: a) include the needs of persons with disabilities and their families in all regional, county or local development policies, strategies and programs, as well as in government health protection programs; b) to create conditions of availability, namely transport, infrastructure, communication networks, medical and sociomedical services; c) to establish and support rehabilitation centers specialized on types of disability; d) create conditions for providing assistive and access technology; e) to develop programs to prevent the occurrence of disability; f) to support access to spa treatment and recovery; g) to include and recognize sport as a means of recovery, developing specific programs. (2) Persons with disabilities, their families or their legal representatives are entitled to all information relating to the medical and recovery/rehabilitation diagnosis, to the services and programs available, in all their stages, as well as to rights and obligations in the field. + Article 10 People with disabilities benefit from free health care, including free medicines, both for outpatient treatment and during hospitalization, under the health insurance system, under the conditions established by the framework contract. + Article 11 (1) In order to ensure recovery/rehabilitation assistance, persons with disabilities are entitled to: a) free outpatient medical devices, according to the list and under the conditions laid down in the Framework Contract on the conditions for the provision of health care within the health insurance system and its implementing rules; b) free accommodation and meals services and for the companion of the child with serious or accentuated disability or of the adult with severe or accentuated disability in the health facilities with beds, sanatoriums and spa resorts, at the recommendation of the family doctor or of the specialist doctor, insured from the Single National Health Insurance Fund, according to the Framework Contract on the conditions of granting medical assistance under the health insurance system; c) a free spa treatment ticket, during a year, based on the individual rehabilitation and social integration program and the recommendation of the family doctor or specialist doctor. (2) Within a maximum of 30 days from the date of submission of the documentation by the disabled person or its legal representative, the health insurance companies are required to issue the decision or the payment approval for each device medical or type of medical device for persons with disabilities. ((3) The price of the reference price for the products referred to in par. ((1) lit. a) is fully borne from the Single National Health Insurance Fund, through the health insurance house to which the insured belongs. (4) The number of free spa treatment tickets granted to adults with disabilities shall be determined in proportion to the number of potential beneficiaries compared to the total number of free spa treatment tickets established by the annual budget law state social insurance. + Article 12 Repealed. ----------- Article 12 was repealed by paragraph 1. ((2) art. VII of EMERGENCY ORDINANCE no. 124 124 of 27 December 2011 published in MONITORUL OFFICIAL no. 938 938 of 30 December 2011. + Article 13 Repealed. ---------- Article 13 was repealed by paragraph 1. ((2) art. VII of EMERGENCY ORDINANCE no. 124 124 of 27 December 2011 published in MONITORUL OFFICIAL no. 938 938 of 30 December 2011. + Article 14 Repealed. ---------- Article 14 was repealed by paragraph 1. ((2) art. VII of EMERGENCY ORDINANCE no. 124 124 of 27 December 2011 published in MONITORUL OFFICIAL no. 938 938 of 30 December 2011. + Section 2 Education + Article 15 (1) Persons with disabilities have free and equal access to any form of education, regardless of age, in accordance with the type, degree of disability and their educational needs. (2) Persons with disabilities are provided with permanent education and vocational training throughout their lives. (3) The person with disabilities or, as the case may be, family or legal representative is the main decision-maker in choosing the form and type of schooling, as well as the educational establishment. + Article 16 (1) Education of persons with disabilities is an integral part of the national education system, coordinated by the Ministry of National Education. (2) The education of persons with disabilities is achieved by: a) special educational establishments; b) individual integration into units of mass education, including in units with teaching in the languages of national minorities; c) special groups or special classes, integrated into preschool and school units; d) educational services through itinerant/supporting teachers; e) home schooling until the graduation of high school studies, but not later than the age of 26, through the care of the Ministry of National Education; f) education "at the hospital bed", during hospitalization; g) educational alternatives. (3) The educational forms listed in par. (2) may also be held in the languages of national minorities. (4) Access to educational establishments of children with disabilities, including those with disabilities, as well as those with school adaptation difficulties is carried out by decision of the child protection commission, which issues the certificate of school and/or professional orientation, based on the complex evaluation report prepared by the complex evaluation service of the general social assistance and county child protection departments, respectively local, of the sectors of the municipality Bucharest. (5) For the forms of education provided in par. ((2) lit. d)-f) the recommendation of the internal evaluation commission continues and the parents ' request. (6) The special education units consist of: special school, canteen and, as the case may be, school boarding school, under the law. (7) Disabled students enjoy free meals and accommodation in school boarding schools. (8) Students with severe and stressed disabilities benefit, upon request, to reduce by 50% the fees for accommodation and meals at the student canteens and dormitories. (9) The amount of the reduction referred to in (8) shall be ensured from the budget of public or private educational institutions. + Article 17 The financing of special and specially integrated education is made from the budgets of the counties, namely the local budgets of the sectors of Bucharest, where the special education unit operates, regardless of the home of children/students/young with special educational requirements. + Article 18 (1) In the educational process, regardless of its level, persons with disabilities are entitled to: a) educational support services; b) equipping with technical equipment adapted to the type and degree of disability and its use; c) adaptation of the furniture in the classrooms; d) school textbooks and courses in accessible format for visually impaired students and students; e) the use of assistive equipment and software in support of exams of any type and level. (2) Preschoolers, students and students with disabilities, together with personal assistants and professional personal assistants, as the case may be, are entitled to free places in rest camps, once a year, regardless of the form of education. (3) The amounts related to the right provided in par. (2) shall be ensured from the state budget through the budget of the National Youth Authority. + Article 19 In order to ensure the access of persons with disabilities to educational establishments and institutions, public authorities are required to take the following specific measures: a) to promote and guarantee access to education and training of persons with disabilities; b) to ensure the home schooling of persons with non-displaced disabilities during the compulsory schooling period, as well as school preparation, regardless of where the disabled person is, including through teachers of support/itinerants; c) ensure access to forms of permanent education, adapting them to the educational needs of persons with disabilities; d) to support cooperation between special or mass educational establishments with family and community, in order to ensure an educational offer that meets the individual needs of persons with disabilities; e) to support the training of teachers in order to adapt educational practices for students with disabilities in groups or classes of ordinary education; f) to ensure the possibility of practicing a sport by any person with disabilities, as well as the training of teachers in order to acquire specific medical and technical notions; g) to provide educational support services for persons with disabilities and their families, through specialists in the field of special psycho-pedagogy; h) to ensure access to educational establishments and institutions. + Section 3 Housing + Article 20 (1) In order to ensure the access of persons with disabilities to housing, public authorities are required to take measures to introduce a priority criterion for renting, at the lower levels, of housing belonging to the public domain of the state or its administrative-territorial units. (2) Persons with severe disabilities shall enjoy the following rights: a) the granting of a living room, in addition to the minimum living standards provided by law, on the basis of rental contracts for dwellings belonging to the public or private domain of the state or administrative-territorial units its; b) the exemption from the payment of rent for housing areas with a state-owned housing destination or its administrative-territorial units and which are in use for these persons. ---------- Lit. b) a par. ((2) of art. 20 20 has been amended by art. I of LAW no. 359 359 of 20 November 2009 , published in MONITORUL OFFICIAL no. 799 799 of 24 November 2009. (3) Benefit from the provisions of par. ((2) and the family or legal representative during the period in which he has in care a child or a severely disabled adult. (4) Benefit from the provisions of par. ((2) lit. b) and the adult with disabilities emphasized. + Section 4 Culture, sport, tourism + Article 21 (1) The competent authorities of the public administration are required to facilitate the access of persons with disabilities to the values of culture, to the objectives of heritage, tourism, sports and leisure. (2) In order to ensure the access of persons with disabilities to culture, sports and tourism, public administration authorities have the obligation to take the following specific measures: a) to support the participation of persons with disabilities and their families at cultural, sports and tourist events; b) to organize, in collaboration or partnership with legal entities, public or private, cultural, sports, leisure events and activities; c) to ensure conditions for the practice of sport by persons with disabilities; d) support the work of the sports organizations of persons with disabilities. (3) The disabled child, as well as the person who accompanies him benefit from gratuity at entrance tickets to shows, museums, artistic and sports events. (4) Adults with disabilities benefit from entrance tickets to performances, museums, artistic and sports events, as follows: a) the adult with severe or accentuated disability, as well as the person accompanying him benefit from gratuity; b) the average and easily disabled adult benefits from admission tickets under the same conditions as for students and students. (5) The amounts related to the rights provided in par. (3) and (4) are borne from the state budget, through the budget of the Ministry of Culture, of the National Agency for Sport *), from local budgets or, as the case may be, from the budget of public or private organizers. + Section 5-a Transport + Article 22 Local public administration authorities have the obligation to take the following specific measures in order to ensure the public transport of persons with disabilities: a) to purchase adapted means of transport; b) adapt the means of public transport in circulation within the technical limits possible, according to the regulations in force; c) to carry out, in collaboration or in partnership with legal entities, public or private, transport programs of persons with disabilities. + Article 23 (1) Persons with severe and severe disabilities benefit from gratuity on all lines to urban transport by means of public transport of surface and metro. (2) Benefit from the provisions of par. ((1) and the following persons: a) the companions of persons with serious disabilities, in their presence; b) the attendants of the disabled children, in their presence; c) the companions of adults with auditory and mental disabilities emphasized, in their presence, on the basis of the social survey carried out by the social worker within the specialized department of the city hall in whose territorial area his domicile is or residence of the disabled person; d) personal assistants of persons with serious disabilities; e) professional personal assistants of persons with serious or accentuated disabilities. (3) The urban transport card with public transport means is valid throughout the territory of the country, being recognized by all local transport regions, and is issued by the general directorates of social assistance and the protection of the county child, respectively local of the sectors of Bucharest, the costs being borne from the budgets of the counties, respectively of the sectors (4) The amounts related to the right provided in par. ((1) and (2) shall be provided from local budgets. (5) The modality of granting gratuity and its amount shall be determined by decision of the local councils. + Article 24 (1) Persons with a severe disability benefit from the gratuity of interurban transport, of choice, with any type of train, within the cost of an interregio IR train ticket with class II reservation regime, buses or transport vessels. fluvial, for 12 round trips per calendar year. ---------- Alin. ((1) of art. 24 24 has been amended by art. I of LAW no. 52 52 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. (2) Benefit from the provisions of par. ((1) and the following persons: a) the companions of persons with serious disabilities, only in their presence; b) personal assistants of persons with serious disabilities. (3) The persons with disabilities accented shall enjoy the gratuity of the interurban transport, of their choice, with any type of train, within the cost of a ticket to the interregio IR train with class II reservation mode, with buses or with ships for river transport, for 6 round trips per calendar year. ---------- Alin. ((3) of art. 24 24 has been amended by art. I of LAW no. 52 52 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. (4) Benefit from the provisions of par. (3) and the attendants of children with disabilities, only in their presence. (5) People with kidney problems who require haemodialysis in localities other than their domicile benefit from the gratuity of interurban transport, of choice, with any type of train, within the cost of an interregio IR train ticket with reservation in the second class, with buses or with ships for river transport and over the number of trips provided, depending on the recommendation of the dialysis centre. ---------- Alin. ((5) of art. 24 24 has been amended by art. I of LAW no. 52 52 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. (6) Benefit from the provisions of par. (5) and personal assistants or companions of persons with disabilities who require hemodialysis. ((7) The amounts related to the rights provided in par. (1)-(6) shall be provided from the state budget through the budget of the National Authority for Persons with Disabilities. (8) The modality of granting the rights provided in par. (1)-(6) is established by Government decision *). Note
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* *) See Government Decision no. 680/2007 for the approval of the Methodological Norms on the way of granting free interurban transport rights to persons with disabilities, published in the Official Gazette of Romania, Part I, no. 487 487 of 20 July 2007.
---------- + Section 6 Legal aid + Article 25 (1) Persons with disabilities shall enjoy protection against neglect and abuse, regardless of where they are located. (2) If the disabled person, regardless of age, is in total or partial impossibility to manage their personal property, it shall enjoy legal protection in the form of cleaning or guardianship and legal assistance. (3) With the takeover of the guardianship, the guardian is required to make an inventory of all movable and immovable property of the disabled person and annually presents a management report to the tutelary authority of the administrative-territorial unit in which the disabled person is domiciled or residing. (4) If the disabled person does not have relatives or persons to accept the guardianship, the court will be able to appoint as guardian the authority of the local public administration or, as the case may be, the private legal person who provides protection and care of the disabled person. ((5) The monitoring of compliance with the obligations of the person with disabilities is ensured by the tutelary authority of the administrative-territorial unit in whose radius the disabled person is domiciled or residing. (6) The parent, the legal representative, the guardian, as well as the non-governmental organization of which the person with disabilities is a member may assist it before the competent courts. (7) The judgment of cases concerning the obtaining by persons with disabilities of the rights provided by this law shall be made expeditiously. + Section 7 Facilities + Article 26 Repealed. ---------- Article 26 was repealed by point (a). 5 5 of para. ((1) art. 502 of LAW no. 227 227 of 8 September 2015 , published in MONITORUL OFFICIAL no. 688 688 of 10 September 2015. + Article 27 (1) Adult persons with severe or severe disabilities may benefit from credit whose interest is borne from the state budget, by transfers from the budget of the National Authority for Persons with Disabilities to the budgets of the general assistance directorates social and protection of the county child, respectively local of the sectors of Bucharest, based on a contract on the commitment to pay interest for the purchase of a single vehicle and for the adaptation of a dwelling according to individual access needs, subject to the payment at maturity of the credit rates, but also to the condition that the credit value does not exceed 10,000 euros and the return of the credit does not exceed 10 years. In the case of the purchase of motor vehicles specially adapted for the transport of non-transferable, wheelchair-dependent persons, the amount of the credit may not exceed EUR 20,000, the repayment period being 15 years. ---------- Alin. ((1) of art. 27 27 has been amended by section 1 1 of art. unique from LAW no. 207 207 of 2 June 2009 , published in MONITORUL OFFICIAL no. 391 391 of 10 June 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 86 86 of 24 June 2008 , published in MONITORUL OFFICIAL no. 474 474 of 27 June 2008. (1 ^ 1) Persons who have contracted a credit under the conditions provided in par. ((1) and to which, following the reassessment, they have been changed to the degree of disability continue to benefit from the same repayment terms until the payment of the credit. ---------- Alin. ((1 ^ 1) of art. 27 27 has been introduced by section 2 2 of art. unique from LAW no. 207 207 of 2 June 2009 , published in MONITORUL OFFICIAL no. 391 391 of 10 June 2009, which supplements art. I of EMERGENCY ORDINANCE no. 86 86 of 24 June 2008 , published in MONITORUL OFFICIAL no. 474 474 of 27 June 2008, with point 1 1 ^ 1. (2) Benefit from the provisions of par. ((1) and the family or person who has in care at least one severely or stressed disabled child. (3) The methodology of taking over by the general social assistance and the protection of the county child, respectively local of the sectors of Bucharest, of the contracts regarding the interest payment commitment concluded by the Authority National for Persons with Disabilities and Insurance of Financial Transfers is approved by order of the President of the National Authority for Persons with Disabilities. ---------- Alin. ((3) of art. 27 27 has been introduced by section 2 2 of art. unique from LAW no. 207 207 of 2 June 2009 , published in MONITORUL OFFICIAL no. 391 391 of 10 June 2009, which supplements art. I of EMERGENCY ORDINANCE no. 86 86 of 24 June 2008 , published in MONITORUL OFFICIAL no. 474 474 of 27 June 2008, with point 1 1 ^ 2. + Article 28 (1) Persons with disabilities, as well as their attendants or, as the case may be, their personal assistants, holders of passenger cars, shall benefit from the exemption from the payment of the tariff for the use of the national road networks provided for in Government Ordinance no. 15/2002 on the application of the tariff of use and the tariff of passage on the national road network in Romania, approved with amendments and additions by Law no. 424/2002 , with subsequent amendments and completions. (2) The exemption provided in par. (1) shall apply for a single car owned by each of the persons entitled according to the provisions of par. ((1). ---------- Article 28 has been amended by section 6.6. 2 2 of art. unique from LAW no. 193 193 of 7 July 2015 , published in MONITORUL OFFICIAL no. 518 518 of 13 July 2015. + Article 29 Repealed. ---------- Article 29 was repealed by art. 31 of EMERGENCY ORDINANCE no. 57 57 of 9 December 2015 , published in MONITORUL OFFICIAL no. 923 923 of 11 December 2015. + Section 8 Ensuring continuity in protective measures + Article 30 In order to ensure the correlation of services in the disabled child protection system with services in the disability protection system, the responsible authorities of the public administration are required to take the following specific measures: a) to plan and ensure the transition of the young disabled from the child protection system into the system of protection of the adult person with disabilities, based on his identified individual needs; b) ensure continuity of services to persons with disabilities; c) establish measures to ensure the preparation of the young adult life and independent life; d) to carry out, in collaboration or in partnership with legal entities, public or private, training programs for adult life; e) to carry out information activities of the young person with disabilities in terms of opportunities for education, employment, access to family life and social life, to different means of leisure; f) to assess, on request, students from special educational establishments. + Chapter III Services and social benefits + Section 1 Social services + Article 31 (1) The right to social assistance in the form of social services shall be granted on request or ex officio, as the case may be, based on the supporting documents, under the conditions provided by law (2) The application for the granting of the right to social services is registered with the authority of the local public administration in whose territorial area the disabled person is domiciled or residing. (3) The application and the supporting documents shall be submitted for registration by the disabled person, his family, the legal representative, the personal assistant, the professional personal assistant or the non-governmental organization whose member is the disabled person. (4) In order to ensure the social services necessary for persons with disabilities, public authorities are required to take the following special measures: a) create access conditions for all types of services corresponding to the individual needs of persons with disabilities; b) to initiate, support and develop social services centered on the disabled person, in collaboration or in partnership with legal, public or private persons; c) to ensure the share of specialized personnel employed in the system of protection of persons with disabilities in relation to the types of social services: social workers, psychologists, ergotherapy instructors, physiotherapists, recovery pedagogues, logopaths, psychopedagogues, support teachers, specialized educators, psychiatrists, dentists, nurses; d) to involve in the activities of care, rehabilitation and integration of the disabled person his family; e) to provide training in the specific issue of the disabled person of the personnel operating in the system of protection of persons with disabilities, including personal assistants and professional personal assistants; f) to develop and support collaboration programs between parents and specialists in the field of disability, in collaboration or in partnership with legal entities, public or private; g) establish and support the system based on case management in the protection of the disabled person; h) to encourage and support voluntary activities; i) to provide assistance and socio-medical care at the home of the disabled person. + Article 32 (1) Persons with disabilities benefit from social services granted: a) at home; b) in the community; c) in day care centers and residential, public or private centers. (2) Social services for persons with disabilities are designed and adapted according to the individual needs of the person. + Article 33 (1) The local public administration authorities have the obligation to organize, manage and finance social services for persons with disabilities, under the law. (2) Local public administration authorities may contract social services with private, accredited social service providers under the law. (3) The cost of the contracted social service may not exceed the cost of the service at the time of contracting or the average cost of the operation of the service at the date of establishment, in the case of (4) The method of contracting will be determined by the methodological norms *) by the application of the provisions of this law. Note
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* *) See Government Decision no. 268/2007 for the approval of the methodological norms for the application of Law no. 448/2006 on the protection and promotion of rights of persons with disabilities, published in the Official Gazette of Romania, Part I, no. 233 233 of 4 April 2007.
---------- + Article 34 (1) Social services for adults with disabilities are in the coordination of the National Authority for Persons with Disabilities. (2) Monitoring the implementation of the specific quality standards and the control of their compliance are within the competence of the National Authority for Persons with Disabilities and shall be applied by the personnel in the field, according to a methodology approved by order of its President. (3) In carrying out the activity provided in par. (1) the staff of the National Authority for Persons with Disabilities has access to the spaces related to the provision of social services, to data and information related to the persons with disabilities beneficiaries of that service. + Section 2 Personal assistant + Article 35 The severely disabled person is entitled, based on the sociopsyhomedical assessment, to a personal assistant. + Article 36 (1) May be classified with individual employment contract as a personal assistant person who meets the following conditions: a) has a minimum age of 18 years; b) was not convicted of committing a crime that would render it incompatible with the exercise of the occupation of personal assistant; c) has full exercise capacity; d) has a corresponding state of health, attested by the family doctor or on the basis of a specialized medical examination; e) has completed at least the courses of compulsory general education, with the exception of relatives and afnines up to the fourth degree including the person with serious disability, as well as with the exception of his spouse, as the case may be; in exceptional situations, at the proposal of the social worker within the own apparatus of the local council in whose territorial area the person who is to perform the position of personal assistant, the National Authority for Persons with Handicap may approve the derogation from the fulfilment of the study conditions and in the case of other people. (2) I cannot hold the quality of personal assistant to persons who benefit from parental leave aged up to 2 years or, in the case of the disabled child, up to 7 years. + Article 37 (1) During the period of care and protection of the severely disabled person, based on the individual employment contract, the personal assistant has the following rights: a) basic salary established according to the legal provisions regarding the salary of the social worker with secondary education from the social assistance units in the budgetary sector, other than those with beds, as well as old increase and other related bonuses granted under the law; b) working hours that do not exceed an average of 8 hours per day and 40 hours per week; c) annual holiday leave, according to the legal provisions applicable to staff employed in public institutions; d) free urban transport, under the conditions provided in art. 23 23; e) interurban transport, under the conditions provided in art. 24. (2) During the temporary absence of the personal assistant, the employer has the obligation to provide the person with serious disability a replacement of the personal assistant. --------- Alin. ((2) of art. 37 37 has been amended by section 1 1 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. (3) If the employer cannot provide a replacement for the personal assistant, the person with serious disability shall be granted the allowance provided for in art. 43 43 para. ((1) or hosting in a breathing center. --------- Alin. ((3) of art. 37 37 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. + Article 38 The personal assistant has the following main obligations a) to participate, every 2 years, in the training organized by the employer; b) to sign a commitment, as an addendum to the individual employment contract, assuming the responsibility to fully realize the recovery plan for the severely disabled child, namely the individual service plan of the adult person with serious disability; c) provide for the severely disabled person all the activities and services provided for in the individual employment contract, in the job description and in the recovery plan for the severely disabled child, respectively in the individual service plan of the the adult person with serious disabilities; d) to treat with respect, good faith and understanding the person with serious disability and not to physically, mentally or morally abuse its condition; e) to communicate to the general departments of social assistance and protection of the county child, respectively local of the sectors of the city of Bucharest, within 48 hours of becoming aware, any change occurred in the physical, mental or social of the person with serious disability and other situations likely to modify the granting of the rights provided by law. + Article 39 (1) The individual employment contract of the personal assistant ends with the town hall of the domicile or residence of the person with serious disability, as the case may be, within a maximum of 30 days from the date of registration of the application. (2) The individual labor contract shall be drawn up in 3 copies, one for each contracting party, and the third copy shall be transmitted to the general departments of social assistance and protection of the county child, respectively local the sectors of Bucharest, within 5 days from its conclusion. (3) The modalities and conditions of conclusion, modification and termination of the individual employment contract of the personal assistant shall be completed with the provisions Law no. 53/2003 -Labor Code, with subsequent amendments and completions. (4) The individual employment contract of the personal assistant shall cease by law in the event of the death of the severely disabled person + Article 40 (1) The local public administration authorities have the obligation to provide and guarantee in the local budget the necessary amounts from which the salary is borne, as well as the other rights due to the personal assistant, according to the law. (2) The public social assistance service has regular checks on the activity of personal assistants and presents a report to the local council on a semi-annual basis. + Article 41 Failure or improper performance by the personal assistant of the obligations provided by the legal provisions in charge of him, as well as those provided for in the individual employment contract shall entail disciplinary, civil or, after case, criminal of it, under the law. + Article 42 (1) Adult with serious visual disability may opt for personal assistant or companion allowance. (2) Persons with serious disabilities who also have the status of invalidity pensioners the first degree may opt for the allowance for the attendant provided for art. 61 61 of Law no. 19/2000 , with subsequent amendments and completions, or for personal assistant. The right of option is also maintained in the case of the passage of invalidity pensioners to the old-age pension. (3) The war invalids who also have the quality of persons with serious disabilities and are pensioners of invalidity grade I benefit both from the right provided in par. ((2) and the right provided for in art. 3 3 of Law no. 49/1999 on I.O.V.R. pensions, with subsequent amendments and completions. ((5) The option shall be expressed by application in writing to the general departments of social assistance and protection of the county child, respectively local of the sectors of Bucharest, and shall become valid only on the basis of the written agreement of the to them. (6) The general departments of social assistance and protection of the county child, respectively local of the sectors of Bucharest, will communicate to the employer, within 5 days, the agreement for the option expressed under the conditions provided in par. ((5). ((7) Abrogat. --------- Alin. ((7) of art. 42 42 has been repealed by section 6.6. 2 2 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, which repeals the 3 3 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. + Article 43 (1) The monthly allowance provided for in art. 42 42 para. ((4) is in the amount equal to the net salary of the junior social worker with secondary education from the social assistance units in the budget sector, other than those with beds. (2) The payment of the monthly allowance shall be provided by the mayoralties in whose territorial area the person with serious disability is domiciled or residing. ((3) The payment of the allowance shall be made during the validity of the certificate of employment in the degree of disability, issued by the children's protection commissions or by the commissions for the evaluation of adult persons with disabilities, as the case may be. (4) I cannot benefit from the monthly allowance: a) parents or legal representatives of the severely disabled child who are in internees or in foster care related to special educational establishments or institutions; b) severely disabled adults or their legal representatives during the period when severely disabled adults are in public residential centers, except for the breathing center, or in other types of public institutions of a social character in which they are ensure full maintenance from the public administration authority; c) persons with serious disabilities who are detained, arrested or permanently sentenced to a custodial sentence, during detention, arrest or detention. + Article 44 Local public administration authorities provided for in art. 43 43 para. ((2) have the obligation: --------- The introductory part of art. 44 44 has been amended by section 4.2 4 4 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. a) to hire and salarize the personal assistant of the severely disabled person, under the conditions of this law; --------- Lit. a) of art. 44 44 has been amended by section 4.2 4 4 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. b) to ensure and guarantee the payment of the monthly allowance, if the severely disabled person or her legal representative has opted for it. + Section 3 Professional Personal Assistant + Article 45 (1) The severely disabled or stressed adult who does not have living space, does not realize incomes or realizes income up to the level of the average salary on the economy can benefit from the care and protection of a professional personal assistant. (2) The care and protection of adults with disabilities seriously or accentuated by the professional personal assistant shall be made on the basis of the decision of the commissions for the evaluation of the county and local persons with disabilities Bucharest. (3) The opinion of the adult with severe or serious disability will be taken into account when deciding on the establishment of the professional personal assistant. (4) The employment contract of the professional personal assistant ends by the general directorates of social assistance and protection of the county child, respectively local of the sectors of Bucharest, or by the service providers private social, accredited under the law. (5) Monitoring and control of the activity of care and protection of adults with severe disabilities and emphasized by the professional personal assistant are made by the general directions of social assistance and protection of the county child, respectively local of the sectors of Bucharest. (6) The maternal assistant who cares for the severely disabled or stressed child up to the age of majority may opt to become a professional personal assistant. + Article 46 (1) For every adult with severe or stressed disability in the care and protection of the professional personal assistant, the amounts necessary to cover monthly food expenses, equipment, barracks, hygienic-sanitary materials, as well as amounts related to the coverage of living expenses (2) The amounts referred to in par. (1) shall be borne from the own budget of the county, respectively of the sector of Bucharest, on whose territorial area the professional personal assistant has his domicile or residence. (3) The amount of the amounts granted under par. (1) is established by decision of the county council, respectively local of the Bucharest municipality sector, and cannot exceed the amount of expenses incurred for adults with disabilities assisted in public residential centers. (4) The amounts necessary to cover the expenses provided in par. (1), borne by accredited private social service providers, shall be returned to them on request, by the general directions of social assistance and protection of the county child, respectively local of the sectors of Bucharest, on the basis of supporting documents, within 15 days from the date of submission of the application. (5) The modality of settlement of the expenses provided in par. (1) is approved by order of the President of the National Authority for Persons with Disabilities. + Article 47 (1) During the period of care and protection of severely or severely disabled adults, the professional personal assistant shall enjoy the following rights: a) the basic salary established according to the legal provisions regarding the salary of the social worker with secondary education from the social assistance units in the budgetary sector, other than those with beds, as well as old increase and other related bonuses granted under the law; b) a 15% increase calculated on the basic salary, for neuropsychiatric overuse and special working conditions in which they operate; c) a 15% increase calculated on the basic salary, during the period in which at least two adults with serious or stressed disabilities are in care and protection; d) a 25% increase calculated on the basic salary, during the period in which he has in care and protection an adult person with serious or stressed disability, infected with HIV or AIDS. (2) The professional personal assistant also benefits from other rights, as follows: a) advice and support from specialists from the general directions of social assistance and protection of the county child, respectively local of the sectors of Bucharest, or of social service providers, in order to fulfill obligations relating to the care and protection of the adult person with serious or severe disabilities; b) the settlement of interurban transport expenses, accommodation and meals, if the trip is made in the interest of the adult with serious or stressed disability, under the conditions established for the staff in the budget sector; c) free urban transport, under the conditions provided in art. 23. (3) During the holiday period, the employer has the obligation to provide the person with serious disability or accentuate a replacement of the professional personal assistant or hosting in a breathing center. + Article 48 (1) The conditions for obtaining the attestation, the attestation procedures and the status of the professional personal assistant shall be regulated by Government decision, at the proposal of the National Authority for Persons with Disabilities. (2) Minimum mandatory standards for the provision of care and protection for adults with severe or stressed disability in the professional personal assistant shall be drawn up by the National Disability Authority and approved by order of its president. + Article 49 Professional personal assistant has the following main obligations: a) to participate annually in the training organized by the employer; b) to sign a commitment, as an addendum to the individual employment contract, by which they assume the responsibility to fully realize the individual service plan of the adult with serious or accentuated disability; c) to provide for the adult with serious disability or accentuated all the activities and services provided for in the individual employment contract, in the job description and in the individual service plan; d) to treat with respect, good faith and understanding the adult with severe or accentuated disability and not to physically, mentally or morally abuse its condition; e) to communicate to the general departments of social assistance and protection of the county child, respectively local of the sectors of the city of Bucharest, within 48 hours of becoming aware, any change occurred in the physical, mental state or social of the adult with severe or accentuated disability and other situations likely to modify the granting of the rights provided by law. + Article 50 Failure or improper performance by the professional personal assistant of the obligations provided by the legal provisions in charge thereof, as well as those provided for in the individual employment contract shall entail disciplinary liability, civil, or, as the case may be, criminal of the professional personal assistant, under the law. + Section 4 Centres for people with disabilities + Article 51 (1) The disabled person may benefit from social services provided in day care centers and residential centers of different types, public, public-private or private. (2) The daycare centres and residential centres represent locations where social services are provided by qualified staff and have the infrastructure to provide them; residential centres are locations where the disabled person is hosted for at least 24 hours. (3) For the purposes of this Law, the types of residential centers for persons with disabilities are: a) care and assistance centres; b) recovery and rehabilitation centres; c) centers of integration through occupational therapy; d) training centres for independent living; e) respiro centres/crisis centres; f) community service centres and training; g) sheltered housing; h) others. (4) Admission of a disabled person to a residential center, except those provided in par. ((3) lit. e) and g), shall be made if the latter cannot be provided with the protection and care at home or within other services in the community. (5) Public centers for persons with disabilities are established and functioning as structures with or without legal personality, subordinated to the county councils, respectively of the local councils of the sectors of Bucharest, in the structure the general directorates of social assistance and child protection, with the opinion and under the methodological guidance of the National Authority for Persons with Disabilities. ((6) Abrogat. --------- Alin. ((6) of art. 51 51 was repealed by lit. b) a art. 39 of LAW no. 197 197 of 1 November 2012 , published in MONITORUL OFFICIAL no. 754 754 of 9 November 2012. + Article 52 (1) In order to carry out a type of activities of an innovative nature in the field of the protection of persons with disabilities, accredited social service providers may set up, administer and finance the centre-pilot, for a maximum duration of 2 years. (2) The evaluation of activities of an innovative nature is done by the decentralized public service territorial competence of the Ministry of Labour, Family, Social Protection and Elderly, in collaboration with the National Authority for Persons with Handicap. + Article 53 (1) In a day or residential center social services can be provided in an integrated system with medical services, education, housing, employment and the like. (2) Persons with disabilities in day or residential centers shall receive medical services from the basic medical service package that is borne from the budget of the Single National Health Insurance Fund, according to Framework contract on the conditions for the provision of health care in the health insurance system. ((3) The coordination of social services provided in an integrated system shall be made by the authority of the local public administration or by the social service provider which establishes, manages and finances the centre. (4) The Ministry of National Education shall allocate funds from the budget to finance the related expenses a) education activities carried out in centres for persons with disabilities; b) improvement of the professional training of teachers; c) other actions and activities, under the law. + Article 54 (1) The disabled person has the right to be cared for and protected in a center in the locality/county in whose/whose territorial area he has his domicile or residence. (2) The financing of public centers is made from the own budgets of the counties, respectively of the sectors of Bucharest, on whose territory they operate. (3) If the individual needs of the person with disabilities cannot be insured under the conditions provided in par. (1), the disabled person can be cared for and protected in a center located in another administrative-territorial unit. ((4) The settlement of expenses between the local public administration authorities shall be based on the average monthly cost of the expenses incurred in the previous month by the center in which the disabled person is cared for and protected. (5) The settlement modality will be determined by the methodological norms *) by the application of the provisions of this law. Note
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* *) See Government Decision no. 268/2007 for the approval of the methodological norms for the application of Law no. 448/2006 on the protection and promotion of rights of persons with disabilities, published in the Official Gazette of Romania, Part I, no. 233 233 of 4 April 2007.
---------- + Article 55 (1) The social service provider has the obligation to promote, facilitate and ensure the personnel of vocational training programs, as well as specific training programs on the issue of disability and legislation in the field. (2) Staff within the centres referred to in art. 51 51 para. (1) has the obligation to comply with specific quality standards, as well as legal provisions on the rights of persons with disabilities. (3) Failure to comply with par. (2) attracts, as the case may be, disciplinary, contravention or criminal liability, according to the legal provisions. + Article 56 (1) The specialized staff operating in the public centers of rural, day and residential areas for children and adults with disabilities, benefit from the settlement of return transport expenses from home, under the conditions Law. (2) The amounts necessary to grant the rights provided in par. (1) shall be ensured from the own budgets of the counties, respectively of the sectors of Bucharest, on whose territorial area the center operates. + Section 5-a Social benefits for people with disabilities + Article 57 (1) The right to social assistance in the form of social benefits shall be granted on request or ex officio, as the case may be, based on the supporting documents, under the conditions provided by law. ((2) The application for payment of social benefits shall be registered with the authority of the competent local public administration in whose territorial area the person with disabilities is domiciled or residing. (3) The application and the supporting documents may be submitted under the conditions laid down in art. 31 31 para. ((3). ((4) The payment of the social benefit is made from the month following the application and ceases with the month following the termination of the right to the respective social benefit. + Article 58 (1) Children with disabilities, including children with disabilities of HIV/AIDS type, benefit from the state allowance under the conditions and in the amount provided by law, increased by 100%. (2) HIV/AIDS-type disabled children benefit from a monthly food allowance, calculated on the basis of the daily food allowance established for collective consumption in public health facilities. (3) The severely disabled adult shall receive for the payment of the attendant an allowance equivalent to the net salary of the junior social worker with secondary education from the social assistance units in the budget sector, other than those with beds. (4) The disabled adult shall, under the conditions of this law, benefit from the following social benefits: a) monthly allowance, regardless of income: 1. 234 lei, for the severely disabled adult; 2. 193 lei, for the adult with increased disability; b) monthly complementary personal budget, regardless of income: 1. 106 lei, for the severely disabled adult; 2. 79 lei, for the adult with increased disability; 3. 39 lei, for the average disabled adult. ---------- Alin. ((4) of art. 58 58 has been amended by art. unique of JUDGMENT no. 989 989 of 4 November 2014 , published in MONITORUL OFFICIAL no. 811 811 of 6 November 2014. (5) Benefit from the social benefit provided in par. ((4) lit. b) and the family or legal representative of the child with serious disability, accentuated or medium during the period in which he has it in care, supervision and maintenance. (6) I cannot benefit from the provisions of par. ((4): a) adults with disabilities cared for and protected in public residential centers, except for the breathing center; b) persons with disabilities who are detained, arrested or definitively sentenced to a custodial sentence, during detention, arrest or detention; c) adults with serious or stressed disability who realize income, who are in the care and protection of the professional personal assistant. (7) I cannot benefit from the provisions of par. ((4) lit. a) adults with serious or stressed disabilities who do not realize income, who are in the care and protection of the professional personal assistant. ((8) Abrogat. ---------- Alin. ((8) of art. 58 was repealed by par. ((2) art. VII of EMERGENCY ORDINANCE no. 124 124 of 27 December 2011 published in MONITORUL OFFICIAL no. 938 938 of 30 December 2011. (9) The right provided in par. (2) may benefit the child from AIDS only during the period in which he is cared for in the family. ((10) The amounts related to the rights provided in par. (1)-(5) and the administration expenses will be ensured through the own budgets of the counties/sectors of the city of Bucharest from transfers from the state budget to the local budgets, provided with this destination in the budget of the Ministry of Labor, Family, Social Protection and Elderly. (11) Payment of the rights provided in par. (1)-(5) is carried out through the general directions of social assistance and protection of the county child, respectively local of the sectors of Bucharest. (12) The complementary personal budget referred to in par. ((4) lit. b) is not taken into account when establishing other rights and obligations. (13) The amount of rights shall be updated annually with the index of increasing consumer prices, by Government decision. (14) Outstanding rights related to decisions issued and unpaid in 2006 for persons with visual disabilities, established on the basis of Government Emergency Ordinance no. 102/1999 ** **) on the special protection and employment of persons with disabilities, approved with amendments and completions by Law no. 519/2002 , with subsequent amendments and completions, shall be ensured and paid by the Ministry of Labor, Family, Social Protection and Elderly through the agencies for payments and county social inspection, respectively of the city of Bucharest. ---------- Alin. ((14) of art. 58 58 has been amended by art. VI of EMERGENCY ORDINANCE no. 124 124 of 27 December 2011 published in MONITORUL OFFICIAL no. 938 of 30 December 2011, by replacing some terms. + Section 6 Obligations of persons with disabilities, family or legal representatives + Article 59 (. Persons with disabilities shall have the following obligations: a) to present themselves ex officio for evaluation/reassessment at the competent structures in the field; b) to be presented ex officio for reassessment at the evaluation committees for the degree and type of disability, at least 30 days before the expiry of the term of validity of the certificate of classification in the degree and type of disability; c) to submit for reassessment, at the request of competent structures in the field, except for persons with disabilities whose condition has generated functional and/or structural-anatomical deficiencies at an irreversible stage, which cannot follow recovery programmes and for which the evaluation committee has established a permanent term of validity of the certificate of employment in the degree and type of disability; ---------- Lit. c) a par. ((1) of art. 59 59 has been amended by section 4.2 1 1 of art. unique from LAW no. 67 67 of 12 May 2014 published in MONITORUL OFFICIAL no. 353 353 of 14 May 2014. d) to do the due diligence in order to benefit from the rights provided by law; e) follow the activities and services provided for in the recovery plan for the disabled child, respectively in the individual disability services plan; f) to exercise due diligence for the employment, according to the law, in relation to the training, physical and mental possibilities, based on the recommendations of the commission with competence in the field; g) collaborate with social workers and teams of specialists, for the purpose of recovery, rehabilitation, professional orientation and social integration; h) to bring to the attention of the general departments of social assistance and protection of the county child, respectively local of the sectors of Bucharest, within 48 hours of becoming aware, any modification regarding the degree of disability, domicile or residence, material condition and other situations likely to modify the granting of the rights provided by law. ((. The persons for whom the evaluation committee has established a permanent term of validity of the certificate of employment in the degree and type of disability shall be presented for reassessment in the following situations: a) request this as a result of the worsening of their medical-psychosocial condition; b) are convened by the competent structures in case of justified suspicions regarding the violation of the legal provisions regarding the classification in the degree and type of disability. ---------- Alin. ((2) of art. 59 59 has been introduced by section 2 2 of art. unique from LAW no. 67 67 of 12 May 2014 published in MONITORUL OFFICIAL no. 353 353 of 14 May 2014. ---------- Article 59 has been amended by point 5 5 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. + Article 60 The person who has a disability in care, supervision and maintenance has the following main obligations: a) to ensure the proper growth and care of the person with disabilities; b) comply with and/or follow the activities and services provided for in the recovery plan for the disabled child, respectively in the individual disability services plan; c) to accompany the person with disabilities, at the necessary time or upon request, for evaluation and reassessment, at the committees with competence in the field; d) to present themselves at the request of the general departments of social assistance and protection of the county child, respectively local of the sectors of Bucharest; e) collaborate with social workers and specialists aimed at recovery, rehabilitation, professional orientation and social integration; f) to communicate to the general departments of social assistance and protection of the county child, respectively local of the sectors of the city of Bucharest, within 48 hours of becoming aware, any modification regarding the degree of disability, domicile or residence, material condition, as well as other situations likely to modify the granting of the rights provided by law. + Chapter IV Accessibility + Article 61 In order to ensure the access of persons with disabilities to the physical, informational and communicational environment, public authorities are required to take the following specific measures: a) to promote and implement the Access for All concept, in order to prevent the creation of new barriers and the emergence of new sources of discrimination; b) support research, development and production of new information and communication technologies and assistive technologies; c) to recommend and support the introduction in the initial preparation of students and students of courses on the issue of disability and their needs, as well as to diversify the ways of achieving accessibility; d) to facilitate the access of persons with disabilities to new technologies; e) ensure access to public information for persons with disabilities; f) to provide authorized interpreters of mimic-gestural language and language specific to persons with deafblindness; g) to design and to carry out, in collaboration or in partnership with legal entities, public or private, accessibility or awareness programs on its importance. + Article 62 (1) Public utility buildings, access routes, residential buildings constructed from public funds, public transport and their stations, taxis, rail transport wagons for passengers and the platforms of the main stations, parking spaces, public streets and roads, public telephones, information and communicational environment will be adapted according to the legal provisions in the field, so as to allow unhindered access of persons with disabilities. (2) The heritage and historical buildings will adapt, in compliance with the architectural characteristics, according to the legal provisions in the field. (3) The costs of the works necessary for the realization of the adaptations provided ((1) and (2) shall be borne from the budgets of central or local public administration authorities and from the own sources of legal entities with private capital, as the case may be (4) Local public administration authorities are required to include representatives of the National Authority for Persons with Disabilities or non-governmental organizations of persons with disabilities in the reception committees of works of construction or adaptation of the objectives provided in par. ((1) and (2). + Article 63 (1) The authorities provided by law have the obligation to issue the building permit for public utility buildings only under the conditions of compliance with the legal provisions in the field, so as to allow the unhindered access of persons with disability. (2) Provisions of para. (1) shall also apply to residential buildings that are built or for which consolidation, rehabilitation, expansion and/or modernization works are carried out, with funding from public funds. (3) The adaptation of access to buildings in public or private patrimony of the state or administrative-territorial units is also made when the works provided in par. (2), at the request of persons with serious disabilities, their tenants. + Article 64 (1) In order to facilitate the unhindered access of persons with disabilities to transport and travel, by 31 December 2010, the local public administration authorities have the obligation to take measures to: a) the adaptation of all public transport in circulation; b) the adaptation of all stations of public transport according to the legal provisions, including the marking by tactile pavement of the access spaces to the entrance door in the means of transport; c) installation of display panels corresponding to the needs of persons with visual and auditory disabilities in public transport; d) printing with large characters and in contrasting colors of routes and indications of public transportation. (2) Within 6 months from the date of entry into force of this Law, all taxi operators have the obligation to provide at least one car adapted to the transport of persons with disabilities who use the wheelchair. (3) It constitutes discrimination the refusal of the taxi driver to ensure the transport of the disabled person and the walking device. (. By 31 December 2007, the competent local public administration authorities shall take measures to: a) adaptation of pedestrian crossings on public streets and roads according to legal provisions, including marking by touch pavement; b) the installation of audible and visual signalling systems at intersections with heavy traffic. (5) Guide dogs accompanying the severely disabled person shall have free and free access in all public places and means of transport. (. By 31 December 2010, railway infrastructure managers and rail operators shall have the following obligations: a) adapt at least one wagon and main train stations, in order to allow access for persons with disabilities who use the wheelchair; b) to mark by contrasting pavement the paths to the boarding platforms, counters or other utilities. + Article 65 (1) In the parking spaces of the public utility buildings, as well as in the organized ones will be adapted, reserved and signposted by international sign at least 4% of the total number of parking spaces, but no less than two places, for free parking of means of transport for persons with disabilities. (2) Persons with disabilities or their legal representatives, upon request, may benefit from a card-card for free parking spaces. The vehicle carrying a disabled person card holder-ID benefits from free parking. (3) The model of the card-identification will be established in the methodological norms *) for the application of the provisions of this law. The issuance of cards is made by the local public administration authorities. Note
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* *) See Government Decision no. 268/2007 for the approval of the methodological norms for the application of Law no. 448/2006 on the protection and promotion of rights of persons with disabilities, published in the Official Gazette of Romania, Part I, no. 233 233 of 4 April 2007.
**) See the Order of the Minister of Labour, Family and Equal Opportunities, the President of the National Authority for Persons with Disabilities and the Minister of Education, Research and Youth No. 671 /1.640/61/ 2007 for the approval of the Methodology for the authorization of the interpreters of the mimic-gestural language and of the interpreters of the specific language of the person with deafblindness, published in the Official Gazette of Romania, 662 662 of 27 September 2007.
---------- (4) The costs of the right provided in par. (2) shall be borne from local budgets. (5) In the parking spaces of the public domain and as close to home as possible their administrator appoints free parking spaces to persons with disabilities who have requested and need such parking. + Article 66 (1) Edits have the obligation to put electronic moulds used for printing books and magazines at the disposal of authorized legal entities that require them to transform them into accessible format to persons with visual or reading, under conditions Law no. 8/1996 on copyright and related rights, with subsequent amendments and completions. (2) Public libraries are required to set up book wards in formats accessible to persons with visual or reading impairments. + Article 67 (. By 31 March 2007, telephone operators shall have the following obligations: a) to adapt at least one cabin to a battery of public phones in accordance with the legal provisions in force; b) provide information about the costs of services in forms accessible to persons with disabilities. (2) The operators of banking services are required to make available to persons with disabilities, at their request, statements of account and other information in accessible formats. (3) The employees of the banking and postal service operators have the obligation to provide assistance in filling the forms, at the request of persons with disabilities. + Article 68 Until 31 December 2007, the owners of the hotel spaces have the following obligations: a) adapt at least one room for the hosting of the disabled person using the wheelchair; b) to mark through the pavement or touch carpets the entrance, reception and to hold the tactile map of the building; c) to mount elevators with tactile insignia. + Article 69 (1) Central and local public or private authorities and institutions shall ensure, for direct relations with persons with auditory disabilities or with deafblindness, authorized interpreters of the mimic-gestural language or of the specific language of the person with deafblindness. (2) The interpretation methodology of the interpreters *) will be approved by joint order of the Minister of Education, Research and Innovation and the Minister of Labour, Family and Social Protection, at the proposal of the National Authority for Persons with Disabilities, in consultation with the National Association of the Romanian Deaf, as well as non-governmental organizations in the field of deafblind Note
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* *) See Government Decision no. 268/2007 for the approval of the methodological norms for the application of Law no. 448/2006 on the protection and promotion of rights of persons with disabilities, published in the Official Gazette of Romania, Part I, no. 233 233 of 4 April 2007.
**) See the Order of the Minister of Labour, Family and Equal Opportunities, the President of the National Authority for Persons with Disabilities and the Minister of Education, Research and Youth No. 671 /1.640/61/ 2007 for the approval of the Methodology for the authorization of the interpreters of the mimic-gestural language and of the interpreters of the specific language of the person with deafblindness, published in the Official Gazette of Romania, 662 662 of 27 September 2007.
---------- + Article 70 (1) The central and local public authorities, as well as central and local institutions, public or private, are required to provide information and documentation services accessible to persons with disabilities. (2) Within 6 months from the entry into force of this Law, public relations services shall display and dispose of accessible information to persons with visual, auditory and mental disabilities. + Article 71 (. By 31 December 2007, public authorities shall have the obligation to take measures to: a) the accessibility of their own websites, in order to improve the access of electronic documents by persons with visual and mental disabilities; b) the use of icons in all public services; c) the adaptation of phones with teletext and teletext for people with auditory disabilities. (2) In the acquisition of equipment and software, public institutions will consider compliance with the accessibility criterion. + Chapter V Guidance, training, employment and employment + Article 72 (1) Any person with disabilities who wishes to integrate or reintegrate into work has free access to professional evaluation and guidance, regardless of age, type and degree of disability. (2) The disabled person actively participates in the process of evaluation and professional orientation, has access to information and the choice of activity, according to his wishes and skills. (3) The personal data and information collected during the evaluation and professional orientation process are confidential and may only be used in the interest and with the consent of the disabled person concerned. + Article 73 ((1) The benefit of the professional orientation, as the case may be, the disabled person who is schooled and has the appropriate age for professional integration, the person who does not have a job, the one who has no professional experience or the one who, although framed in work, wants retraining. (2) The disabled person or, as the case may be, the family or its legal representative is the main decision-maker on the professional orientation. (3) The professional training of persons with disabilities is organized, according to the law, by programs of initiation, qualification, retraining, improvement and specialization. + Article 74 (1) In order to ensure the assessment, orientation, training and reconversion of persons with disabilities, public authorities are required to take the following specific measures: a) to carry out/diversify/financially support programs on the professional orientation of persons with disabilities; b) to ensure the training and training for the necessary occupations in the field of disability; c) to correlate the professional training of persons with disabilities with the requirements of the labour market; d) to create the necessary framework for access to evaluation and professional orientation in any profession, depending on the skills of persons with disabilities. (2) The evaluation and professional orientation of adults with disabilities is carried out by the evaluation commission of adults with disabilities, under the law. + Article 75 (1) Persons with disabilities have the right to be created all the conditions to choose and exercise their profession, profession or occupation, to acquire and maintain a job, as well as to promote professionally. (2) In carrying out the rights provided in par. (1), public authorities are required to take the following specific measures: a) to promote the concept that the disabled person in employment is an added value for society and, in particular, for the community to which it belongs; b) to promote an open work environment, including and accessible to persons with disabilities; c) to create the necessary conditions and services for the disabled person to be able to choose the form of conversion/retraining and employment, in accordance with its functional potential; d) establish and support services complexes, consisting of authorized protected units and sheltered housing; e) to initiate and develop forms of stimulation of employers, in order to employ and keep people with disabilities in work; f) to provide support for the organization of a market for the product of the work of the disabled person; g) to diversify and support different social services, namely counseling for the disabled person and its family, information for employers, assisted employment and the like; h) to promote the services of mediation on the labour market of persons with disabilities; i) to carry out/update the database permanently, to highlight the supply of work among people with disabilities; j) to develop collaborations with the media, in order to increase awareness/awareness of the community about the potential, skills and contribution of people with disabilities to the labor market; k) to realize, in collaboration or partnership with legal entities, public or private, programs and projects aimed at increasing occupancy; l) to initiate and support campaigns to raise awareness and awareness of employers on the skills of persons with disabilities; m) to initiate specific programmes that stimulate the growth of labour labour market participation among groups at the major risk of social exclusion. + Article 76 The Ministry of National Education sets out measures on equal opportunities for persons with disabilities, ensuring, where necessary, additional support adapted to the needs of adults with disabilities, supporting their access to facilities and higher education institutions. The Ministry of National Education initiates permanent education programs for adults with disabilities and provides support on their implementation. + Article 77 (1) Persons with disabilities have the right to work and to realize incomes in accordance with the provisions of labor law, as well as with the special provisions of this Law. (2) For the purposes of this law and only in the context of employment, the person with disabilities is also understood to be an invalid person. + Article 78 (1) Persons with disabilities may be employed according to their professional training and work capacity, attested by the certificate of employment in the degree of disability, issued by the evaluation committees at the county level or of the sectors Bucharest. (2) Authorities and public institutions, legal entities, public or private, which have at least 50 employees, have the obligation to hire persons with disabilities in a percentage of at least 4% of the total number of employees. (3) Public authorities and institutions, legal entities, public or private, which do not employ persons with disabilities under the conditions provided in par. (2), may choose to fulfil one of the following obligations: a) to pay monthly to the state budget an amount representing 50% of the minimum gross basic salary per country multiplied by the number of jobs in which they did not hire persons with disabilities; b) to purchase products or services made by their own activity of persons with disabilities employed in authorized protected units, on the basis of partnership, in the amount equivalent to the amount due to the state budget, under the conditions provided for in lit. a). ---------- Lit. b) a par. ((3) of art. 78 78 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 86 86 of 24 June 2008 , published in MONITORUL OFFICIAL no. 474 474 of 27 June 2008. (4) I am an exception to the provisions of para. (2) public institutions of national defence, public order and national security. (4 ^ 1) I am an exception to the provisions of para. ((3) lit. b) protected units established within the organisations of persons with disabilities who may also carry out sales/intermediation activities, provided that at least 75% of the profit obtained is intended for the socio-occupational integration programmes for persons with disabilities in those organisations. These units have the obligation to present a financial report at each beginning of the year, showing how the funds obtained through commercial activity were used. ---------- Alin. (4 ^ 1) of art. 78 78 has been introduced by section 3 3 of art. unique from LAW no. 207 207 of 2 June 2009 , published in MONITORUL OFFICIAL no. 391 391 of 10 June 2009, which supplements art. I of EMERGENCY ORDINANCE no. 86 86 of 24 June 2008 , published in MONITORUL OFFICIAL no. 474 474 of 27 June 2008, with point 4. (5) Monitoring and control of compliance with the provisions of (2) and (3) shall be made by the Labour Inspection. + Article 79 (. The employment of the disabled person shall be carried out in the following forms: a) on the free labour market; b) at home; c) in protected forms. (2) The employment-protected forms of employment are: a) protected workplace; b) authorized protected unit. + Article 80 Persons with disabilities employed at home benefit from the employer from the transport to and from home of the raw materials and materials required in the activity, as well as of the finished products made. + Article 81 (1) Protected units may be established by any natural or legal person, by public or private law, who employ persons with disabilities. (2) Protected units may be: a) with legal personality; b) without legal personality, with own management, in the form of wards, workshops or other structures within economic operators, public institutions or non-governmental organizations, as well as those organized by the person with Authorized disability, under the law, to carry out independent economic activities. (3) The procedure for authorization of protected units shall be established by order of the President of the National Authority for Persons with Disabilities *). Note
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*) See the Order of the President of the National Authority for Persons with Disabilities no. 60/2007 on the approval of the Procedure for the authorization of protected units, published in the Official Gazette of Romania, Part I, no. 291 291 of 3 May 2007.
---------- + Article 82 (. Authorized protected units shall enjoy the following rights: a) exemption from payment of authorization fees upon establishment and reauthorization; b) exemption from payment of corporation tax, provided that at least 75% of the fund obtained by exemption is reinvested for restructuring or for the purchase of technological equipment, machinery, machinery, work facilities and/or arrangement protected jobs, under the conditions laid down by Law no. 571/2003 , with subsequent amendments and completions; c) other rights granted by local public administration authorities financed by own funds. (2) At the beginning of each year, the authorized protected units are required to present the activity report for the previous year to the National Authority for Persons with Disabilities. (3) Failure to comply with the obligation ((2) is sanctioned with the suspension of the operating authorization as a protected unit or, as the case may be, with its withdrawal and with the obligation to fully reimburse the facilities it has benefited from during operation as an authorized protected unit. (4) The procedure for suspension or withdrawal of the authorization of the protected units shall be established by the methodological norms * *) by the application of the provisions Note
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** **) See Government Decision no. 268/2007 for the approval of the methodological norms for the application of Law no. 448/2006 on the protection and promotion of rights of persons with disabilities, published in the Official Gazette of Romania, Part I, no. 233 233 of 4 April 2007.
---------- + Article 83 (1) Persons with disabilities seeking employment or employment shall enjoy the following rights: a) training courses; b) reasonable adaptation to the workplace; c) advice during the period prior to employment and during the employment, as well as during the probationary period, from an adviser specialized in work mediation; d) a period of proof of employment, paid, at least 45 working days; e) a paid notice of at least 30 working days, granted at the disposal of the individual employment contract on the initiative of the employer for reasons not attributable to him; f) the possibility to work less than 8 hours a day, under the law, if they benefit from the recommendation of the evaluation commission in this regard; g) repealed; ---------- Lit. g) a par. ((1) of art. 83 83 has been repealed by section 6.6. 153 153 of art. I of EMERGENCY ORDINANCE no. 109 109 of 7 October 2009 , published in MONITORUL OFFICIAL no. 689 689 of 13 October 2009. (2) Financing of the rights provided in par. ((1) lit. a) and c) for persons with disabilities in search of a job shall be borne from the unemployment insurance budget, under the law. + Article 84 Employers of persons with disabilities benefit from the following rights: a) deduction, when calculating the taxable profit, of the amounts related to the adaptation of the protected jobs and the purchase of machinery and equipment used in the production process by the disabled person; b) deduction, when calculating the taxable profit, of the expenses of the transport of persons with disabilities from home to work, as well as the expenses of the transport of raw materials and finished products to and from the person's domicile with disability, employee for work at home; c) settlement from the unemployment insurance budget of specific expenses of training, training and professional orientation and employment of persons with disabilities; d) a grant from the state, under the conditions laid down by Law no. 76/2002 on the unemployment insurance system and employment stimulation, with subsequent amendments and completions. + Chapter VI Classification in the degree of disability + Article 85 (1) Persons with disabilities benefit from the rights provided in art. 6 on the basis of disability, in relation to the degree of disability. (2) Incadres in the degree and type of disability of children with disabilities shall be made by the child protection commission. (3) The degree of disability and disability of adults with disabilities shall be made by the Commission for the evaluation of persons with disabilities, hereinafter referred to as the evaluation committee. (4) The evaluation commission is the specialized body of the county council, as the case may be, of the local council of the city sector of Bucharest, with decision-making activity in the field of adult persons in the degree and type of disability and has the following: a) President-a specialized doctor of medical expertise of work capacity, internal medicine, family medicine or a general medicine doctor, graduate of management courses in sociomedical; b) a specialized doctor of medical expertise of work capacity, family medicine or a doctor of general medicine, proposed by the county public health department, respectively of the city of Bucharest; c) a representative appointed by non-governmental organisations carrying out activities for the benefit of persons with disabilities d) a psychologist; e) a social worker. (5) The nominal composition of the evaluation committee is approved by decision of the county council, as the case may be, locally of the Bucharest municipality sector, with the opinion of the Ministry of Labour, Family, Social Protection and Elderly. (6) The chairman of the evaluation commission, without being a public official, is part of the personnel structure of the general directorate of social assistance and protection of the county child, respectively of the Bucharest municipality sector. (7) The members of the evaluation committees, including the president, are entitled to a meeting allowance, equivalent to 1% of the allowance of the president of the county council, respectively of the mayors of the sectors of Bucharest. The payment of the indemnity is borne from the budgets of the county and local councils of the Bucharest ---------- Alin. ((7) of art. 85 85 has been amended by section 3 3 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 6 6 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. (8) The President and the members of the evaluation committee are not part of the Complex Assessment Service. (9) The secretarial activity of the evaluation committees shall be provided by personnel belonging to the structure of the general direction of social assistance and child protection subordinated to the county councils, respectively of the sectors of the municipality Bucharest. ---------- Alin. ((9) of art. 85 85 has been amended by section 3 3 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 6 6 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. (10) The medical criteria on the basis of which the degree and type of disability are established are approved by joint order of the Minister of Labour, Family, Social Protection and the Elderly and the Minister of Health. ---------- Article 85 has been amended by section 6.6. 6 6 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. + Article 86 (1) The degrees of disability are: easy, medium, stressed and serious. (2) The types of disability are: physical, visual, auditory, deafblindness, somatic, mental, mental, HIV/AIDS, associated, rare diseases. + Article 87 (. The evaluation committee shall have the following main tasks: a) establish the classification in the degree and type of disability and the validity period of the certificate, as the case may be, the date of the disability, the professional orientation of the adult with disabilities, based on the complex evaluation report developed by the service of complex assessment; ---------- Lit. a) a par. ((1) of art. 87 87 has been amended by section 4.2 4 4 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 7 7 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. b) establish measures to protect the adult with disabilities, under the law; c) repealed; ---------- Lit. c) a par. ((1) of art. 87 87 has been repealed by section 6.6. 5 5 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 7 7 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. d) revoke or replace the established protection measure, under the law, if the circumstances that determined its establishment have changed; e) settle applications for the issuance of the professional personal assistant attestation; f) inform the disabled adult or his legal representative of the established protection measures and their obligations; g) promotes the rights of persons with disabilities in all the activities they undertake. ---------- Alin. ((1) of art. 87 87 has been amended by section 7 7 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. (1 ^ 1) For persons with disabilities whose condition has generated functional and/or structural-anatomical impairments at an irreversible stage and unable to follow recovery programs, the Evaluation Commission will establish a permanent shelf life of the certificate without the need for their submission to periodic reviews. ---------- Alin. ((1 ^ 1) of art. 87 87 has been introduced by section 6 6 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, which introduces point 7 7 ^ 1 al art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. (2) The evaluation committee shall perform any other duties provided for by law. (3) The organization and the operating methodology of the evaluation committee shall be regulated by Government decision. (4) The classification or rejection of the degree and type of disability shall be attested by the certificate issued by the evaluation committees. The issuance of the certificate is exempt from stamp duty. ---------- Alin. ((4) of art. 87 87 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. (5) Certificates issued according to par. ((4) may be challenged by their holders, within 30 calendar days of the communication, to the Higher Commission for the Evaluation of Persons with Disabilities, hereinafter referred to as the Higher Commission. ---------- Alin. ((5) of art. 87 87 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. (6) The activity of the evaluation committees is methodologically coordinated by the Ministry of Labour, Family, Social Protection and Elderly. ---------- Alin. ((6) of art. 87 87 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. + Article 88 In order to exercise the tasks assigned to the evaluation commission, the complex evaluation service of adults with disabilities is established, within the general departments of social assistance and protection of the county child, respectively local sectors of Bucharest. + Article 89 (1) With the issuance of the certificate of classification in the degree and type of disability, the evaluation committee has the obligation to develop the individual rehabilitation and social integration program of the disabled adult. (2) For the elaboration of the individual rehabilitation and social integration program, the evaluation committee will collaborate with the disabled person or its legal representative. (3) The certificate provided in par. (1) entitles the adult with disabilities to benefit from the provisions laid down by law for the degree of disability respectively. (4) The individual rehabilitation and social integration program provided in par. (1) shall be drawn up and reviewed in accordance with the methodological norms *) for the application of the provisions of this law. Note
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* *) See Government Decision no. 268/2007 for the approval of the methodological norms for the application of Law no. 448/2006 on the protection and promotion of rights of persons with disabilities, published in the Official Gazette of Romania, Part I, no. 233 233 of 4 April 2007.
---------- + Article 90 Repealed. ---------- Article 90 was repealed by point (a). 9 9 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. + Article 90 ^ 1 (1) In the structure of the National Authority for Persons with Disabilities operates the Higher Commission for the Evaluation of Adults with Disabilities, hereinafter referred to as the Higher Commission, with decision-making activity in the resolution of appeals to certificates of classification in the degree and type of disability, issued by the evaluation commissions of adult persons with disabilities county or of the sectors of the city of Bucharest. (. The higher Commission shall have the following component: a) President, medical expert medical expertise of work capacity or internal medicine or general medicine; b) a member, specialized doctor of the medical expertise of the work capacity or a general medicine doctor; c) a member with training in social assistance; d) a member with training in psychology; e) a member with legal training. (3) The secretarial activity of the Higher Commission shall be provided by the staff of the National Authority for Persons with Disabilities. (4) A representative of the National Council of Disability in Romania participates in the meetings of the Higher Commission. (5) The President and the members of the Superior Commission shall be entitled to a meeting allowance, equivalent to 1% of the National Authority for Persons with Disabilities. ---------- Article 90 ^ 1 has been amended by section 6.6. X al art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 90 ^ 2 (1) The main tasks of the Commission are: a) ensure methodological coordination and monitoring of evaluation and classification activity in the degree and type of disability; b) settle the appeals, formulated under the conditions provided in art. 87 87 para. (5), to the certificates of classification in the degree and type of disability, issued by the evaluation committees, by admission or rejection, and transmit to the county or local commission of the sectors of Bucharest the solution, for its implementation; c) establishes by decision the reassessment of adult persons with disabilities, in the following situations: 1. following the recommendations contained in the documents drawn up following control actions ordered by order of the Minister of Labour, Family, Social Protection and Elderly; 2. as a result of self-referral; d) establish the classification in the degree and type of disability, as a result of the reassessment ordered under the conditions lit. c); e) participate, upon request, in actions to verify the activity of evaluation and classification in the degree and type of disability. (2) In the exercise of the duties provided in par ((1), the Higher Commission shall issue decisions as follows: a) admission/rejection of the appeal; b) revaluation, under the conditions of par. ((1) lit. c); c) framing/non-compliance in the degree and type of disability, following the reassessment ordered under the conditions of par. ((1) lit. c). (3) Model of decisions referred to in par. (2) is approved by the organization and functioning regulation of the Higher Commission, approved by order of the Minister of Labour, Family, Social Protection and Elderly. (4) Decisions issued by the Higher Commission may be appealed to the administrative and fiscal section of the tribunal, according to Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions, the applications to the court being exempted from the stamp judicial duty. ---------- Alin. ((4) of art. 90 ^ 2 has been modified by art. VI of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 89 of 12 February 2013. ---------- Article 90 ^ 2 has been amended by section 6.6. 8 8 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 10 10 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. + Article 90 ^ 3 (1) The revaluation decision issued by the Higher Commission under the terms of Article 90 ^ 2 para. ((1) lit. c) contains recommendations on the content of the complex evaluation file and will be transmitted to the general directorate of social assistance and child protection within the person's home radius, in order to carry out the reassessment by the complex evaluation. (2) The reassessment of the person will be carried out within 60 working days from the date of registration of the reassessment decision to the general direction of social assistance and child protection. (3) If the person subject to reassessment does not appear at the second convocation of the complex assessment service, the director of the general directorate of social assistance and child protection shall, by administrative act, order the suspension of the right of social assistance in the form of social benefits. (4) The reassessment process referred to in par. (2) is carried out in the presence of a representative from the specialized structure of the Ministry of Labour, Family, Social Protection and Elderly, who will develop a reference to be submitted to the Higher Commission together with the completed file and the complex reassessment report prepared by the complex assessment service. (5) If the person does not show up for reassessment within the period provided in par. (2), on the basis of the reassessment report of the complex evaluation service accompanied by the reference of the representative of the specialized structure of the ministry, the Higher Commission issues non-framing decision in the degree and type of disability. (6) Based on the report and the reference provided in par. ((4), the Higher Commission shall issue the decision of classification/non-compliance in the degree and type of disability. ((7) The execution of decisions issued by the Higher Commission shall be made by the Directorate-General for Social Assistance and Child Protection. ---------- Article 90 ^ 3 has been amended by section 6.6. 9 9 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 10 10 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. + Article 90 ^ 4 Repealed. ---------- Article 90 ^ 4 has been repealed by section 4. 10 10 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 10 10 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. + Article 90 ^ 5 Repealed. ---------- Article 90 ^ 5 was repealed by point (a). 10 10 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 10 10 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. + Chapter VII Partnerships + Article 91 In the work of protection and promotion of the rights of persons with disabilities, the National Authority for Persons with Disabilities and central and local public administration authorities maintain relations of dialogue, collaboration and partnership with non-governmental organizations of persons with disabilities or representing their interests, as well as with cult institutions recognized by law with activity in the field. + Article 92 (1) In addition to the National Authority for Persons with Disabilities, the Council for the Analysis of the Problems of Persons with Disabilities, hereinafter referred to as the Council, shall be established in the following composition: a) President of the National Authority for Persons with Disabilities; b) President of the National Council of Disability in Romania; c) a representative of the National Authority for Child Rights Protection; d) a representative of the Ministry of Labour, Family, Social Protection and Elderly; e) a representative of the Ministry of Health f) a representative of a non-governmental organization for human rights protection; g) a representative of central and/or local public administration bodies, as well as other bodies of public or private law in the field, with the status of non-permanent members, depending on the problems to be solved. (. The Council shall have the following tasks a) issue advisory opinions on draft normative acts aimed at the protection of persons with disabilities, initiated by the National Authority for Persons with Disabilities or other competent authorities; b) analyse the issue of disability protection and propose measures to improve their living conditions; c) notify the competent bodies of the violation of the rights of persons with disabilities. (. The Council shall meet in quarterly ordinary meetings, as well as in extraordinary meetings whenever necessary. (4) Convocation of members shall be carried out by the National Authority for Persons with Disabilities. ((5) The meetings shall be held at the headquarters of the National Authority for Persons with Disabilities or in any other place that it proposes. (6) The Secretariat of the Council shall ensure the National Authority for Persons with Disabilities. (7) The manner of organization and functioning of the Council is approved by order of the President of the National Authority for Persons with Disabilities *). Note
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*) See the Order of the President of the National Authority for Persons with Disabilities no. 256/2007 on the organization and functioning of the Council for the analysis of the problems of persons with disabilities, published in the Official Gazette of Romania, Part I, 561 561 of 15 August 2007.
---------- + Article 93 (1) At the level of the counties and sectors of Bucharest will be established, in addition to the general directions of social assistance and protection of the county child, respectively local of the sectors of Bucharest, Disabled people. (2) The establishment, as well as the organization and functioning, shall be approved by decision of the county council, respectively of the local councils of the sectors of Bucharest. + Chapter VIII Financing of the disability protection system + Article 94 (. The protection of disabled persons shall be financed from the following sources: a) the local budget of communes, cities and municipalities; b) the local budgets of the counties, respectively of the sectors of Bucharest; c) state budget; d) monthly maintenance contributions of persons with disabilities who benefit from social services in the centers; e) donations, sponsorships and other sources, under the law. (2) In order to guarantee the reception by persons with disabilities of the amounts representing social benefits, they will be constituted only from amounts coming from the state budget and will be managed by the Ministry of Labour, Family, Social Protection and Elderly people through territorial agencies for payments and social inspection. ----------- Alin. ((2) of art. 94 94 has been amended by art. VI of EMERGENCY ORDINANCE no. 124 124 of 27 December 2011 published in MONITORUL OFFICIAL no. 938 of 30 December 2011, by replacing some terms. (3) The average monthly maintenance cost in residential centers for persons with disabilities, as well as the level of monthly maintenance contribution due by disabled adults assisted in the centers or their supporters shall be established by order of President of the National Disability Authority. (4) For certain social services provided to persons with disabilities, fees may be charged, under the conditions established by accredited public or private social service providers, with the opinion of the National Authority for Persons with Disabilities. + Article 95 (1) The products and services carried out by the centers for persons with disabilities, in the coordination of the National Authority for Persons with Disabilities, can be capitalized to individuals and legal entities. (2) The amounts obtained under the conditions provided in par. (1) are made income to the local budget of the administrative-territorial unit under which the respective center operates. + Article 96 (1) The National Authority for Persons with Disabilities may finance or, as the case may be, co-finance programs of national interest aimed at the integration, social and professional inclusion of adult persons with disabilities, as well as increased quality their lives. (2) The programs of national interest provided in par. (1), 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 centers that provide care for adults with disabilities; b) carrying out studies, research and publications within its field of activity; c) training of staff working in services and centres for persons with disabilities; d) informing public opinion about the rights of adults with disabilities through media coverage campaigns; e) transcription or translation of informative and cultural materials into information access systems, specific to persons assigned to certain categories of disability: Braille alphabet, audio recordings, visual writing with enlarged letters, language mimic-gestural, pictograms; f) any other objectives corresponding to the field of activity of the National Authority for Persons with Disabilities; g) the development of living assistance services and other forms or services of adequate disability assistance. ----------- Lit. g) a par. ((2) of art. 96 96 was introduced by art. unique from LAW no. 55 55 of 30 April 2014 , published in MONITORUL OFFICIAL no. 325 325 of 5 May 2014. (3) The programs of national interest provided in par. (1) is approved as an annex to the budget of the Ministry of Labour, Family, Social Protection and Elderly, based on the foundations developed by the National Authority for Persons with Disabilities. (4) The methodology for selecting and financing programs of national interest is approved by order of the President of the National Authority for Persons with Disabilities. + Article 97 (1) The financing or, as the case may be, the co-financing of the national interest programmes provided 96 96 para. (1) shall be ensured from the following sources: a) the state budget; b) reimbursable and non-reimbursable external funds; 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 National Authority's own budget for Persons with Disabilities. (3) In order to finance the programs of national interest provided in art. 96 96 para. (1), the National Authority for Persons with Disabilities may 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. (4) Allocation of funds according to par. (3) 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. (5) The National Authority for Persons with Disabilities may finance projects within the national interest programs 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 and authorized private bodies, according to the law. + Article 98 (1) The Association of Blind People in Romania, the Association of Blind War Invalizers in Romania, the National Association of the Deaf in Romania, the National League of Organizations with Handicapped Personnel from the Crafts Cooperation and the National Council of Disability in Romania can receive amounts from the state budget, through the budget of the Ministry of Labor, Family, Social Protection and Elderly, under the conditions established by the methodological norms for the application of the provisions of this law, according to revenue and expenditure budgets approved annually. (2) The amounts referred to in par. ((1) shall be used in compliance with Law no. 500/2002 on public finances, with subsequent amendments and completions, and the amounts left unused at the end of the financial year shall be returned to the state budget. ----------- Article 98 has been amended by art. VIII of EMERGENCY ORDINANCE no. 68 68 of 14 November 2012 , published in MONITORUL OFFICIAL no. 778 778 of 19 November 2012. + Article 99 (1) The National Authority for Persons with Disabilities funds own projects, projects of non-governmental organizations with activity in the field of protection of persons with disabilities, as well as projects of authorized protected units. (2) The methodology for selecting and financing projects is approved by order of the President of the National Authority for Persons with Disabilities. + Chapter IX Legal liability + Article 100 (1) The following facts constitute contraventions and are sanctioned as follows: a) non-compliance with 15 15 para. (1), with a fine of 6,000 lei to 12,000 lei; b) non-compliance with 18-20 18-20, art. 21 21 para. ((3) and (4), art. 22 22, art. 23 23 para. ((1) and (2), art. 24 24, 30 and 31, art. 33 33 para. ((1), art. 34 34 para. ((3), art. 51 51 para. ((4), art. 55 55 para. ((1), art. 61-64 61-64, art. 65 65 para. ((1), (2) and (5), art. 66-68 66-68, art. 69 69 para. ((1), art. 70 70, 71 and art. 82, with a fine of 6,000 lei to 12,000 lei; c) non-compliance with 78, with a fine of 15,000 lei to 20,000 lei; d) non-compliance with specific quality standards, with a fine of 6,000 lei to 12,000 lei and/or suspension or withdrawal of the operating notice; e) non-compliance with the conditions of authorization during operation as authorized protected unit, with a fine of 20,000 lei to 25,000 lei and withdrawal of the operating authorization; f) parking other means of transport on the adapted parking spaces, reserved and signposted by international sign for persons with disabilities, with a fine of 200 lei per 1,000 lei and lifting of the means of transport from the parking place respectively; g) proposal for classification, classification and type of disability of a person, in violation of the medicopsihosocial criteria approved by joint order of the Minister of Labour, Family, Social Protection and Elderly and the Minister health, with a fine of 5,000 lei to 10,000 lei. ----------- Lit. g) a par. ((1) of art. 100 100 has been amended by section 4.2 11 11 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 11 11 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. (2) The finding of contraventions and the application of the contravention fines provided in par. ((1) lit. a), b), d), e) and g) shall be made by the social inspectors. ----------- Alin. ((2) of art. 100 100 has been amended by section 11 11 of art. I of LAW no. 136 136 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 11 11 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. (3) The finding of contraventions and the application of the contravention fines provided in par. ((1) lit. c) are made by the staff of the Labour Inspection. (4) The finding of contravention and the application of the contravention fine provided in par. ((1) lit. f) are made by traffic agents or by control personnel with powers in this regard. (5) The amounts obtained from the application of fines are made to the state budget. (6) The provisions of this Law on contraventions shall be supplemented by the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ----------- Article 100 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 84 84 of 20 September 2010 , published in MONITORUL OFFICIAL no. 654 654 of 22 September 2010. + Article 101 (1) The amounts collected unearned, as social benefits, shall be recovered from the holder of his right from his family, as the case may be. ((. The amounts referred to in paragraph 1 shall be recovered without the collection of interest and late payment penalties or late increases, if they are returned by the beneficiary within a maximum of 180 days from the issue of the decision or, where applicable, Recovery provision, under the law. (3) For the recovery of the amounts provided in par (1) the limitation period shall be that provided for by art. 2.517 2.517 of Law no. 287/2009 on the Civil Code, republished, as amended. (4) If the beneficiary of the right lived alone and died, the recovery of the amounts collected unearned as benefits *) is no longer done. ---------- Alin. ((4) of art. 101 101 has been amended by art. unique from LAW no. 266 266 of 6 November 2015 , published in MONITORUL OFFICIAL no. 836 836 of 9 November 2015, amending art. II of EMERGENCY ORDINANCE no. 44 44 of 26 June 2014 , published in MONITORUL OFFICIAL no. 475 475 of 27 June 2014. ----------- Article 101 has been amended by art. II of EMERGENCY ORDINANCE no. 44 44 of 26 June 2014 , published in MONITORUL OFFICIAL no. 475 475 of 27 June 2014. + Chapter X Transitional and final provisions + Article 102 Art. 43 43 para. ((1) and of art. 58 58 para. ((4) and (5) shall enter into force on 1 January 2007. + Article 103 The date of entry into force of this Law shall be repealed Government Emergency Ordinance no. 102/1999 on the special protection and employment of persons with disabilities, published in the Official Gazette of Romania, Part I, no. 310 of 30 June 1999, approved with amendments and additions by Law no. 519/2002 , with subsequent amendments and completions, except for the provisions of art. 18 18 para. ((2) lit. d) and e) and para. ((5) and art. 19 19 para. ((1) lit. a)-c), e), f), q) and r), which shall be repealed with effect from 1 January 2007, as well as any other provisions contrary to this Law. + Article 104 Within 60 days of the entry into force of this law, the National Authority for Persons with Disabilities will develop the methodological norms for the application of the provisions of this law and will submit them for approval by Government decision *). Note
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* *) methodological norms for the application of the provisions Law no. 448/2006 on protection and promotion of the rights of persons with disabilities were approved by Government Decision no. 268/2007 , published in the Official Gazette of Romania, Part I, no. 233 233 of 4 April 2007.
---------- Note
NOTE:
We reproduce below the provisions art. II of Government Emergency Ordinance no. 14/2007 ,, as amended and supplemented by Law no. 275/2007 on approval Government Emergency Ordinance no. 14/2007 to amend and supplement Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities, not incorporated in the republished text of Law no. 448/2006 and which continue to apply as own provisions of the Government Emergency Ordinance no. 14/2007 :
"" Art. II. -(1) Rights provided for in art. 12 12 para. ((1) lit. a), b), e), f) and g) and in par. ((2) of Law no. 448/2006 , with subsequent amendments and completions, it is granted, according to the law, if the application for granting them, accompanied by the supporting documents, is submitted by the entitled person within a maximum of 180 days from the entry into force of the law, regardless of the year of the child's birth, if he has not yet reached the age of 2, 3 and 7 years, respectively. ((2) The procedure for granting the rights provided for in art. 12 12 para. ((1) lit. b), e)-g) and in par. ((2) of Law no. 448/2006 , with the amendments and completions made by this emergency ordinance, shall be established by order of the Minister of Labour, social solidarity and family, within 30 days of the entry into force of this emergency ordinance. (3) In order to ensure in 2007 the funds necessary for the application of para. ((1) lit. a), b), e), f) and g) and para. ((2) of Law no. 448/2006 , with subsequent amendments and completions, it is authorized the Ministry of Economy and Finance that, at the proposal of the Ministry of Labor, Family and Equal Opportunities, to introduce the changes arising from the application of the provisions of this law in the structure of the state budget and the budget of the Ministry of Labour, Family and Equal Opportunities for 2007. " -----