Current through Register Vol. 49, No. 2, February 2024
BY-LAWS THE ARKANSAS MINORITY HEALTH
COMMISSION
ARTICLE I
Mission Statement:
The Arkansas Minority Health Commission's (AMHC) mission is to
assure all minority Arkansans equal access to preventive health care and to
seek ways to promote health and prevent diseases and conditions that are
prevalent among minority populations.
Vision:
The AMHC's vision is that minority Arkansans and underserved
communities of color have equal opportunity and access to health, health care,
and preventive well care.
ARTICLE
II
POWERS AND DUTIES
Section 1: The Arkansas Minority Health
Commission shall be the comprehensive agency in the state for:
1. Analyzing disparities in health, health
care, and access to health care services;
2. Coordinating statewide educational events
to remediate these disparities, in partnership with other appropriate
organizations.
Section 2:
The Commission shall collaborate with the Department of Health, the Department
of Human Services, the Department of Environmental Quality, the Fay W. Boozman
College of Public Health of the University of Arkansas for Medical Sciences,
and the Arkansas Center for Health Improvement to:
1. Make specific public policy
recommendations addressing the disparity in health care services for minorities
to relevant agencies, to the Governor, and to the General Assembly;
2. Promote public awareness and education
about healthy lifestyles;
3. Make
recommendations for improving delivery and access to health services for
minorities to relevant agencies, to the Governor, and to the General
Assembly;
4. Study and make
recommendations about the availability of adequate services to insure minority
health needs will be met.
5.
Perform and disseminate a comprehensive survey of racial and ethnic disparities
in health and healthcare every five (5) years, including disparities arising
from geographic location and economic conditions.
6. Publish evidence-based data, define state
goals and objectives, and develop pilot projects to decrease disparities
identified in the surveys.
Section
3: The Commission shall report two (2) times per year to the House
Committee on Public Health, Welfare, and Labor and the Senate Committee on
Public Health, Welfare, and Labor.
ARTICLE III
MEMBERSHIP
Section
1:
Authority. According to Arkansas Code
20-2-102,
The Arkansas Minority Health Commission shall consist of twelve (12) members to
be appointed as follows:
1. Six (6) of the
general public to be appointed by the Governor, with each of the four (4)
congressional districts represented;
2. Three (3) members to be appointed by the
President Pro Tempore of the Senate;
3. Three (3) members to be appointed by the
Speaker of the House of Representatives;
All persons appointed to the commission shall be persons who have
actively participated in health issues for minorities or have special knowledge
or experience with minority health issues.
Section 2:
Terms of appointment.
All members of the Minority Health Commission shall serve
staggered two-year terms.
Resignations. Any member of the commission may
resign at any time by giving written notice to the Governor of the State of
Arkansas. The resignation of any member shall take effect upon receipt of
notice thereof or at such later time as shall be specified in such notice; and,
unless otherwise specified therein, the acceptance of such resignation shall
not be necessary to make it effective.
Vacancies. Any vacancy in the membership that shall
occur in the Commission by reason of death, resignation, disqualification or
removal or any cause whatever shall be filled by the appropriate body for which
the position was appointed (Governor, President Pro Tempore of the Senate or
Speaker of the House of Representatives) as provided by law.
ARTICLE IV
MEETINGS OF MEMBERS
Section 1: All meetings of the Minority
Health Commission shall conform to the open meeting requirements of Ark. Code
Ann. §
25-19-106
Section 2: Office and Place
of Meetings. Meetings of the Commission may be held at such place or
places, within or without the State of Arkansas, as shall be fixed by the
Commission and stated in the notice thereof.
Section 3: Regular Meetings. The
Commission shall meet and conduct its regular meetings in the months of
January, April, July, and
October of each year. Notice of regular meetings shall be given by
the Director to each member of the board during the month of January and again
ten (10) days before each meeting is to be held.
Section 4: Notice of Regular Meetings. The
time and place of each regular meeting shall be posted on the State of
Arkansas' website calendar ten (10) days prior to each meeting and shall be
provided to anyone who requests the information.
Section 5: Special Meetings.
Special meetings of the Commission, for any purpose, may be called by the
Chairperson or a majority of the Commission members. The
meeting requested by a majority shall be called by the chairperson upon receipt
of a written request from the majority stating the purpose for which such
meeting is to be called.
Section 6:
Notice of Special Meetings. Notice of special meetings shall be
given to all members at least two (2) hours prior to the scheduled meeting
date. Notice may be given by telephone, delivery of the notice personally, by
mailing the notice to the members by regular U.S. Mail, or by email.
The person calling the special meeting, or his/her designee,
shall notify representatives of newspapers, radio stations, and television
stations, if any, in the county in which the special meeting is to be held, and
notify any news media located elsewhere that cover regular meetings of the
Commission and that have requested to be notified of emergency or special
meetings.
Section 7: Notice
of Committee Meetings. Notice of meetings of Commission committees must be
posted on the State of Arkansas' website calendar ten (10) days prior to each
meeting and shall be provided to anyone who requests the information.
Section 8: Quorum and Manner of
Acting. The presence of a majority of Commission members shall
constitute a quorum for the transaction of Commission business. In the absence
of a quorum, a majority of the Commission members present may adjourn the
meeting from time to time unless a quorum shall be present. At all meetings of
the Commission, a quorum being present, all matters shall be decided by the
affirmative vote of a majority of the members present and voting, except as
otherwise required by the laws of the State of Arkansas.
Section 9: Executive Session. The Commission
may meet in executive session solely for the purposes and in the manner
prescribed in Ark. Code Ann. §
25-19-106.
Section 10: Compensation.
Members shall receive no compensation for their services as members of the
Arkansas Minority Health Commission. However, members not employed by the State
of Arkansas may receive expense reimbursement in accord with Ark. Code Ann.
§
25-16-901
et seq. Pursuant to Ark. Code Ann. §
20-2-104,
at the first regularly scheduled meeting of each calendar year, by a majority
vote of its total membership, the Commission may authorize expense
reimbursement for its members performing official duties of the Commission. Any
expense reimbursement shall not exceed the rate established for state employees
in the state travel regulations.
ARTICLE V
COMMITTEES OF THE ARKANSAS MINORITY HEALTH
COMMISSION
Section 1: All
committee meetings of the Minority Health Commission shall conform to the open
meeting requirements of Ark. Code Ann. §
25-19-106.
Section 2: Establishing
Committees. The Commission may establish and create from time to time
such committees as it deems necessary to carry out the affairs and further the
purposes of the Commission. The standing committees of the Commission shall be:
Executive Committee, Legislative Committee, and the Personnel & Contracts
Committee.
Section 3:
Executive Committee. During the intervals between the meetings of
the Commission, the Executive Committee shall meet as frequently as it deems
necessary, and shall receive reports and conduct routine business. The
Executive Committee shall be comprised of Commission officers and chairs of the
standing committees.
Section 4:
Legislative Committee. The Legislative Committee shall consist of
four members appointed by the Chairman for a term of two (2) years.
Commissioners who are interested in the topic and are willing to serve may
volunteer to serve on the Legislative Committee. This committee shall monitor
all legislation, both federal and state, which impacts on the Commission and
its functions, and shall make recommendations to the Commission regarding
appropriate action, if warranted.
ARTICLE VI
OFFICERS
Section
1: Designated Officers. The officers of the Arkansas
Minority Health Commission shall be Chair, Vice Chair, and Secretary.
Section 2: Election and Term of
Office. The Chair, Vice Chair and Secretary of the Minority Health
Commission shall be elected every year by a majority vote of the Commissioners.
Each officer shall maintain their office until the next election and until his
or her successor shall have been elected and qualified or until his or her
earlier death, resignation, or removal.
Section
3: Date of Elections. Elections for officers of the
Commission will be conducted every two (2) years on or after the beginning of
the state fiscal year, July 1.
Section
4: Resignation. Any officer may resign from his
office at any time by giving written notice to the Executive Director of the
Commission. Such notice will be immediately announced to the Commissioners. Any
such resignation shall take effect immediately upon the date of receipt, or at
any later time specified in the notice. Unless specified in the notice, the
acceptance of such resignation shall not be necessary to make it
effective.
Section 5:
Removal. Any officer may be removed, with cause, at any time, by a
vote of a two-thirds (2/3) majority of the members of the Commission present
and voting at any regular or special meeting of the Commission at which proper
notification of such proposed action was made in advance to each
member.
Section 6:
Vacancies. A vacancy in any office may be filled for the unexpired
portion of the term in the manner prescribed in these By-Laws for election or
appointment to such office for such unexpired term.
ARTICLE VII
DUTIES OF OFFICERS
Section 1: Chair. The
Chairperson shall have general supervision and management of all Commission
meetings. In general, he or she shall perform all duties incident to the office
of chairperson as herein detailed, and all such other duties as from time to
time may be assigned to him by the Commission.
Section 2: Vice-Chair. The Vice
Chair shall perform the duties of the Chair in the event of the Chair's absence
or inability to serve. The Vice Chair shall perform such other duties as may
from time to time be assigned to him or her by the majority vote of the
Commission.
Section 3:
Secretary. The Secretary shall review and clarify the official
minutes of the Commission. Minutes are to be made available to the Secretary
for review no later than 20 working days after a quarterly meeting, retreat,
special, or emergency meeting.
ARTICLE
VIII
DIRECTOR
Section
1.
Director. The Director, hired by a majority vote
of the Commission, shall assume responsibility for the day to day operations of
the Commission. The Director of the Commission shall prepare an agenda on the
matters to be discussed at the regular or special meetings of the Commission.
Agendas shall be emailed to each Commission member prior to the regular or
special meeting in consultation with the Chair.
ARTICLE X
RULEMAKING
Section
1: The Commission may approve alterations, amendments, and
deletions to its By-Laws by an affirmative vote of two-thirds (2/3) majority of
the members of the Commission at any regular meeting of the Commission,
provided notice of the proposed action and the substance of the suggested
amendment has been provided to each
Commissioner as provided for herein.
Section 2: The Commission shall follow the
procedural requirements of the Arkansas Administrative Procedure Act, in
particular Ark. Code Ann. §
25-15-203
and §
25-15-204.
The Commission is also required to abide by the provisions of Ark. Code
Ann.§
10-3-309,
and any other statutes, directives, or executive orders by the Governor
applicable to rule promulgation.
DECLARATORY ORDERS.
A.
Purpose and Use of Declaratory
Orders
A declaratory order is a means of resolving a controversy or
answering questions or doubts concerning the applicability of statutory
provisions, rules, or orders over which the agency has authority. A petition
for declaratory order may be used only to resolve questions or doubts as to how
the statutes, rules, or orders may apply to the petitioner's particular
circumstances. A declaratory order is not the appropriate means for determining
the conduct of another person or for obtaining a policy statement of general
applicability from an agency. A petition for declaratory order must describe
the potential impact of statutes, rules, or orders upon the petitioner's
interests.
B.
The
Petition
The process to obtain a declaratory order is begun by filing with
the Executive Director a petition that provides the following
information:
1. The caption shall
read: Petition for Declaratory Order Before the Arkansas Minority Health
Commission.
2. The name, address,
phone number, and facsimile number of the petitioner.
3. The name, address, phone number, and
facsimile number of the attorney of the petitioner.
4. The statutory provision(s), agency
rule(s), or agency order(s), on which the declaratory order is
sought.
5. A description of how the
statutes, rules, or orders may substantially affect the petitioner and the
petitioner's particular set of circumstances, and the question or issue on
which petitioner seeks a declaratory judgment.
6. The signature of the petitioner or the
petitioner's attorney.
7. The
date.
8. Request for hearing, if
desired.
C.
Agency
Disposition1. The agency may hold a
hearing to consider a petition for declaratory statement. If a hearing is held,
it shall be conducted in accordance with A.C.A. §
25-15-208
and §
25-15-213, and
the agency's rules for adjudicatory hearings.
2. The agency may rely on the statements of
fact set out in the petition without taking any position with regard to the
validity of the facts. Within ninety (90) days of the filing of the petition,
the agency will render a final order denying the petition or issuing a
declaratory order.
