Current through March 20, 2024
Authority: IC 12-9-2-3
Affected: IC 12-12-5; 20 U.S.C. 107
Sec. 38.
(a) The Indiana elected committee of licensed managers shall be fully representative, to the extent possible, of all licensed managers in the Indiana program on the basis of geography, facility type, and designation as a federal or nonfederal facility. The Indiana elected committee of licensed managers shall consist of a total of nine (9) members selected from the following categories in the number or numbers indicated:
(1) By geographic location of a licensed manager's primary facility located:
(A) north of I-70, one (1) committee member; and
(B) south of I-70, one (1) committee member.
(2) By facility type of a licensed manager's primary facility:
(A) vending, one (1) committee member; and
(B) snack bar, cafeteria, and other type of facility, one (1) committee member.
(3) By designation of a licensed manager's primary facility as a federal or nonfederal facility:
(A) federal facility, one (1) committee member; and
(B) nonfederal facility, one (1) committee member.
(4) At large represents all categories, and all licensed managers are eligible to elect these candidates, three (3) committee members.
(b) Requirements for the election of committee members are as follows:
(1) All members of the elected committee shall be elected every two (2) years at a conference sponsored by the state licensing agency.
(2) Only licensed managers may:
(A) nominate;
(B) vote for; and
(C) elect;
members to the committee.
(3) The participation of a licensed manager in the election of committee members shall not be conditioned upon the payment of dues or any fees.
(c) The state licensing agency shall notify all licensed managers, in writing, at least thirty (30) days before the election of the committee at a biennial conference. The notice must include the following information:
(1) The:
(A) date;
(B) time; and
(C) place;
of the election of members of the Indiana elected committee of licensed managers.
(2) The process whereby the manager may contact the state licensing agency within ten (10) days of receipt of the notice if the manager believes that the primary facilities list contains an error concerning the manager's primary facility.
(3) Notice that:
(A) a licensed manager may submit written nominations prior to the conference for any position on the committee, and the process for doing so; and
(B) nominations for all positions on the committee will also be taken from the floor at the election. To be considered, the person nominated must be present at the election unless otherwise excused by the current elected committee and the director of blind and visually impaired services.
(d) Official committee action requirements are as follows:
(1) A quorum of the elected committee shall consist of five (5) members.
(2) Motions shall be passed by a majority of those members present.
(3) Establishing and maintaining a set of bylaws for which elected committee meetings will be governed.
(e) The duties of the elected committee are as follows:
(1) To actively participate with the state licensing agency in major administrative decisions and policy and program development decisions affecting the BEP.
(2) To:
(A) receive and transmit grievances of licensed managers to the state licensing agency; and
(B) serve as advocate for licensed managers in connection with the grievances.
(3) To actively participate with the state licensing agency in:
(A) decisions regarding the transfer and promotion of licensed managers; and
(B) the development of training and retraining programs for licensed managers.
(4) To sponsor meetings and instructional conferences for licensed managers with the state licensing agency.
(5) To keep confidential any confidential information concerning program participants that is disclosed to elected committee members during the exercise of their duties under this section.
(f) The payment of any expenses incurred by the elected committee in conjunction with the duties of the elected committee shall be subject to the prior approval of the state licensing agency. Elected committee members will be reimbursed in accordance with state travel and administrative policies.
