§ 51.5-39.5. Powers and duties of the Board; Protection and Advocacy Fund.
A. The Virginia Office for Protection and Advocacy shall be administered bythe Board, whose powers and duties include, but are not limited to:
1. Appointing and annually evaluating the performance of a director who shallnot be a member of the Board, to serve as the chief executive officer of theOffice at the pleasure of the Board. The Director shall be an attorney ingood standing, licensed to practice law in Virginia, and a person qualifiedby knowledge, skills, and abilities to administer and direct the provision ofprotection and advocacy services regarding the rights of persons withdisabilities;
2. Preparing and submitting a budget to the General Assembly for theoperation of the Office and the Board;
3. Establishing general policies for the Office and advising and assistingthe Director in developing annual program priorities;
4. Establishing annual program priorities for the Office;
5. Adopting regulations, policies and procedures and making determinationsnecessary to carry out the provisions of this chapter and Chapter 9 (§51.5-40 et seq.) of this title. The adoption of such regulations shall beconsistent with the provisions of Article 2 (§ 2.2-4006 et seq.) of theAdministrative Process Act;
6. Monitoring and evaluating the operations of the Office;
7. Maintaining records of its proceedings and making such records availablefor inspection by the public;
8. Establishing a policy and internal guidelines for the approval of legalremedies, including the initiation of any legal proceeding on behalf of theOffice, any persons with disabilities, or any organization representingpersons with disabilities; and
9. Performing any other acts necessary to carry out the provisions of thischapter.
B. There is hereby created in the state treasury a special nonreverting fundto be known as the Protection and Advocacy Fund, hereinafter referred to as"the Fund," to be administered by the Board. The Fund shall be establishedon the books of the Comptroller. The Fund shall consist of (i) gifts,donations, grants, and bequests on behalf of the Office from the UnitedStates government and agencies and instrumentalities thereof; (ii) such otherfunds as may be appropriated by the General Assembly from time to time anddesignated for this Fund; (iii) funds from any other source; and (iv) allinterest, dividends and appreciation that may accrue thereto. Any moneysremaining in the Fund, including interest thereon, at the end of each fiscalyear shall not revert to the general fund but shall remain in the Fund.Moneys in the Fund shall be used solely for the purposes set forth in thischapter. Expenditures and disbursements from the Fund shall be made by theState Treasurer on warrants issued by the Comptroller upon written requestsigned by the Director of the Office or his designee. The total costs for theoperation and administration of the Office shall be funded from the Fund andshall be in such amount as provided in the general appropriation act.
The Board shall have the authority to apply for and accept, gifts, donations,grants, and bequests on behalf of the Office from the United Statesgovernment and agencies and instrumentalities thereof and from any othersource and to deposit all moneys received in the Protection and Advocacy Fundcreated pursuant to this subsection. To these ends, the Board shall have thepower to comply with such conditions and execute such agreements as may benecessary, convenient or desirable, consistent with policies, rules, andregulations of the Board.
§ 51.5-39.5. Powers and duties of the Board; Protection and Advocacy Fund.
A. The Virginia Office for Protection and Advocacy shall be administered bythe Board, whose powers and duties include, but are not limited to:
1. Appointing and annually evaluating the performance of a director who shallnot be a member of the Board, to serve as the chief executive officer of theOffice at the pleasure of the Board. The Director shall be an attorney ingood standing, licensed to practice law in Virginia, and a person qualifiedby knowledge, skills, and abilities to administer and direct the provision ofprotection and advocacy services regarding the rights of persons withdisabilities;
2. Preparing and submitting a budget to the General Assembly for theoperation of the Office and the Board;
3. Establishing general policies for the Office and advising and assistingthe Director in developing annual program priorities;
4. Establishing annual program priorities for the Office;
5. Adopting regulations, policies and procedures and making determinationsnecessary to carry out the provisions of this chapter and Chapter 9 (§51.5-40 et seq.) of this title. The adoption of such regulations shall beconsistent with the provisions of Article 2 (§ 2.2-4006 et seq.) of theAdministrative Process Act;
6. Monitoring and evaluating the operations of the Office;
7. Maintaining records of its proceedings and making such records availablefor inspection by the public;
8. Establishing a policy and internal guidelines for the approval of legalremedies, including the initiation of any legal proceeding on behalf of theOffice, any persons with disabilities, or any organization representingpersons with disabilities; and
9. Performing any other acts necessary to carry out the provisions of thischapter.
B. There is hereby created in the state treasury a special nonreverting fundto be known as the Protection and Advocacy Fund, hereinafter referred to as"the Fund," to be administered by the Board. The Fund shall be establishedon the books of the Comptroller. The Fund shall consist of (i) gifts,donations, grants, and bequests on behalf of the Office from the UnitedStates government and agencies and instrumentalities thereof; (ii) such otherfunds as may be appropriated by the General Assembly from time to time anddesignated for this Fund; (iii) funds from any other source; and (iv) allinterest, dividends and appreciation that may accrue thereto. Any moneysremaining in the Fund, including interest thereon, at the end of each fiscalyear shall not revert to the general fund but shall remain in the Fund.Moneys in the Fund shall be used solely for the purposes set forth in thischapter. Expenditures and disbursements from the Fund shall be made by theState Treasurer on warrants issued by the Comptroller upon written requestsigned by the Director of the Office or his designee. The total costs for theoperation and administration of the Office shall be funded from the Fund andshall be in such amount as provided in the general appropriation act.
The Board shall have the authority to apply for and accept, gifts, donations,grants, and bequests on behalf of the Office from the United Statesgovernment and agencies and instrumentalities thereof and from any othersource and to deposit all moneys received in the Protection and Advocacy Fundcreated pursuant to this subsection. To these ends, the Board shall have thepower to comply with such conditions and execute such agreements as may benecessary, convenient or desirable, consistent with policies, rules, andregulations of the Board.
§ 51.5-39.5. Powers and duties of the Board; Protection and Advocacy Fund.
A. The Virginia Office for Protection and Advocacy shall be administered bythe Board, whose powers and duties include, but are not limited to:
1. Appointing and annually evaluating the performance of a director who shallnot be a member of the Board, to serve as the chief executive officer of theOffice at the pleasure of the Board. The Director shall be an attorney ingood standing, licensed to practice law in Virginia, and a person qualifiedby knowledge, skills, and abilities to administer and direct the provision ofprotection and advocacy services regarding the rights of persons withdisabilities;
2. Preparing and submitting a budget to the General Assembly for theoperation of the Office and the Board;
3. Establishing general policies for the Office and advising and assistingthe Director in developing annual program priorities;
4. Establishing annual program priorities for the Office;
5. Adopting regulations, policies and procedures and making determinationsnecessary to carry out the provisions of this chapter and Chapter 9 (§51.5-40 et seq.) of this title. The adoption of such regulations shall beconsistent with the provisions of Article 2 (§ 2.2-4006 et seq.) of theAdministrative Process Act;
6. Monitoring and evaluating the operations of the Office;
7. Maintaining records of its proceedings and making such records availablefor inspection by the public;
8. Establishing a policy and internal guidelines for the approval of legalremedies, including the initiation of any legal proceeding on behalf of theOffice, any persons with disabilities, or any organization representingpersons with disabilities; and
9. Performing any other acts necessary to carry out the provisions of thischapter.
B. There is hereby created in the state treasury a special nonreverting fundto be known as the Protection and Advocacy Fund, hereinafter referred to as"the Fund," to be administered by the Board. The Fund shall be establishedon the books of the Comptroller. The Fund shall consist of (i) gifts,donations, grants, and bequests on behalf of the Office from the UnitedStates government and agencies and instrumentalities thereof; (ii) such otherfunds as may be appropriated by the General Assembly from time to time anddesignated for this Fund; (iii) funds from any other source; and (iv) allinterest, dividends and appreciation that may accrue thereto. Any moneysremaining in the Fund, including interest thereon, at the end of each fiscalyear shall not revert to the general fund but shall remain in the Fund.Moneys in the Fund shall be used solely for the purposes set forth in thischapter. Expenditures and disbursements from the Fund shall be made by theState Treasurer on warrants issued by the Comptroller upon written requestsigned by the Director of the Office or his designee. The total costs for theoperation and administration of the Office shall be funded from the Fund andshall be in such amount as provided in the general appropriation act.
The Board shall have the authority to apply for and accept, gifts, donations,grants, and bequests on behalf of the Office from the United Statesgovernment and agencies and instrumentalities thereof and from any othersource and to deposit all moneys received in the Protection and Advocacy Fundcreated pursuant to this subsection. To these ends, the Board shall have thepower to comply with such conditions and execute such agreements as may benecessary, convenient or desirable, consistent with policies, rules, andregulations of the Board.
