North Dakota Administrative Code Title 65.5 - Committee on Protection and Advocacy
Here’s a comprehensive overview of North Dakota Administrative Code – Title 65.5: Committee on Protection and Advocacy:
📘 Structure & Scope
Title 65.5 includes Article 65.5‑01, covering Chapters 65.5‑01‑01 through 65.5‑01‑06—establishing the governance framework for the state’s Protection & Advocacy (P&A) project (law.cornell.edu).
🏛️ Chapter 65.5‑01‑01: Organization & Functions
Key provisions define:
Membership: Committee is composed of statutorily appointed individuals; vacancies must follow legislation (law.cornell.edu).
Administrative status: It is an executive-branch administrative unit, governed under NDCC Chapter 28‑32 (law.cornell.edu).
Leadership: Elects a chair and vice-chair annually; internal disputes resolved by vote (law.cornell.edu).
Meetings & Quorum: Requires a majority for quorum; meets at least quarterly; electronic attendance allowed if full participation is ensured (law.cornell.edu).
Conflict-of-interest rules: Members cannot be providers or have conflicts; must disclose annually; abstain or be disqualified if a conflict arises; P&A employees are ineligible (law.cornell.edu).
📋 Decision-Making & Reviews
Quorum & voting: Committee actions require a majority of participating members (law.cornell.edu).
Administrative review: Section 65.5‑01‑05‑02 allows individuals to appeal employee actions/inactions through internal administrative review (law.cornell.edu).
🔍 Chapter 65.5‑01‑04: Investigations & Authority
Investigation powers: The P&A project can investigate reported or suspected abuse, neglect, or exploitation of individuals unable to consent due to age, capacity, or absence of guardian—extending authority to take protective actions under NDCC 25‑01.3‑11 (ndlegis.gov).
🧩 Coordinating Statutes & Regulations
Title 65.5 operations are rooted in federal and state law:
Established to implement NDCC Chapter 25‑01.3 (Protection & Advocacy for persons with disabilities) (ndlegis.gov, nd.gov).
The committee fulfills federal P&A requirements under Congressional mandates (e.g., 29 U.S.C. 794e, 42 U.S.C. 10805) (ndlegis.gov).
🛡️ Role of the Protection & Advocacy Project
Independent oversight: Operates independently from providers and the Governor's office (history.nd.gov).
Service portfolio: Provides protective services (abuse/neglect investigations), self-advocacy assistance, legal representation, records access, grievance mechanisms, and public inquiries (ndlegis.gov).
🔄 Summary Table
Topic
Details
Governance
Quarterly meetings; elected chair/vice-chair; majority quorum
Composition & Ethics
Statutory appointments; no provider conflicts; annual disclosures
Review & Appeals
Administrative review procedures exist
Investigatory Authority
Abuse/neglect/exploitation investigations; protective follow-up
Legal Framework
Under NDCC 25‑01.3; complies with federal grant law
Independence & Services
Independent agency offering advocacy, legal rights protection, grievance and inquiry processes
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