§ 143B-158. Commission for the Blind. - North Carolina Statutes

§ 143B‑158. Commission for the Blind.

(a)        The Commission for the Blind of the Department of Health andHuman Services shall consist of 13 members as follows:

(1)        One representative of the Statewide Independent LivingCouncil.

(2)        One representative of a parent training and informationcenter established pursuant to section 631(c) of the Individuals withDisabilities Education Act, 20 U.S.C. § 1431(c).

(3)        One representative of the State's Client Assistance Program.

(4)        One vocational rehabilitation counselor who has knowledge ofand experience in vocational rehabilitation services for the blind. Avocational rehabilitation counselor appointed pursuant to this subdivisionshall serve as a nonvoting member of the Commission if the counselor is anemployee of the Department of Health and Human Services.

(5)        One representative of community rehabilitation programservices providers.

(6)        One current or former applicant for, or recipient of,vocational rehabilitation services.

(7)        One representative of a disability advocacy grouprepresenting individuals who are blind.

(8)        One parent, family member, guardian, advocate, or authorizedrepresentative of an individual who is blind, has multiple disabilities, andeither has difficulty representing himself or herself or who is unable, due todisabilities, to represent himself or herself.

(9)        One representative of business, industry, and labor.

(10)      One representative of the directors of projects carried outunder section 121 of the Rehabilitation Act of 1973, 29 U.S.C. § 741, asamended, if there are any of these projects in the State.

(11)      One representative of the Department of Public Instruction.

(12)      One representative of the Commission on WorkforceDevelopment.

(13)      The Director of the Division of Services for the Blind shallserve as an ex officio, nonvoting member.

(b)        The members of the Commission for the Blind shall beappointed by the Governor. The Governor shall appoint members after solicitingrecommendations from representatives of organizations representing a broadrange of individuals who have disabilities and organizations interested inthose individuals. In making appointments to the Commission, the Governor shallconsider, to the greatest extent practicable, the extent to which minoritypopulations are represented on the Commission.

(c)        A majority of Commission members shall be persons who areblind, as defined in G.S. 111‑11. A majority of Commission members shallbe persons who are not employed by the Division of Services for the Blind.

(d)        The Commission for the Blind shall select a Chairperson fromamong its members.

(e)        The term of office of members of the Commission is threeyears. The term of members appointed under subdivisions (1), (2), (3), and (4)of subsection (a) of this section shall expire on June 30 of years evenlydivisible by three. The term of members appointed under subdivisions (5), (6),(7), and (8) of subsection (a) of this section shall expire on June 30 of yearsthat follow by one year those years that are evenly divisible by three. Theterm of members appointed under subdivisions (9), (10), (11), and (12) ofsubsection (a) of this section shall expire on June 30 of years that precede byone year those years that are evenly divisible by three.

(f)         No individual may be appointed to more than two consecutivethree‑year terms. Upon the expiration of a term, a member shall continueto serve until a successor is appointed, as provided by G.S. 128‑7. Anappointment to fill a vacancy shall be for the unexpired balance of the term.

(g)        A member of the Commission shall not vote on any issuebefore the Commission that would have a significant and predictable effect onthe member's financial interest. The Governor shall have the power to removeany member of the Commission from office for misfeasance, malfeasance, ornonfeasance in accordance with the provisions of G.S. 143B‑13 of theExecutive Organization Act of 1973.

(h)        The members of the Commission shall receive per diem andnecessary travel and subsistence expenses in accordance with the provisions ofG.S. 138‑5.

(i)         A majority of the Commission shall constitute a quorum forthe transaction of business.

(j)         All clerical and other services required by the Commissionshall be supplied by the Secretary of Health and Human Services. (1973, c. 476, s. 140; 1977, c. 581; 1993, c. 561, s.89(b); 1997‑443, s. 11A.118(a); 2000‑121, s. 31.)