Ala. Admin. Code r. 580-1-1-.06 - Authority Of Commissioner

The authority of the department, and its commissioner, is set forth in Code of Ala. 1975, § 22-50-9 and § 22-50-11 and includes but is not limited to the following:

(1) The Department of Mental Health and Mental Retardation through its commissioner is hereby authorized to act in any prudent way to provide mental health, substance abuse services and mental retardation services for the people of Alabama.

(2) To authorize and set up state plans to control and treat any and all forms of mental and emotional illness and any and all forms of mental retardation.

(3) To supervise, coordinate, and establish standards for all operations and activities of the state related to mental health and mental retardation and the providing of mental health services and mental retardation services; and it is authorized to receive and administer any funds available from any source for the purpose of acquiring building sites for, constructing, equipping, maintaining or operating mental health centers, and community retardation programs or facilities or institutions for the purpose of providing mental health services and mental retardation services.

(4) The single state agency of the state to receive and administer, through its commissioner, any and all funds available from any source for purposes of training, research and education in regard to all forms of mental and emotional illness and all forms of mental retardation through its commissioner.

(5) To enter into contracts.

(6) To develop programs for the aged.

(7) To appoint advisory councils.

(8) The Mental Health and Mental Retardation Department is authorized to establish and promulgate reasonable rules, policies, orders and regulations providing details of carrying out its duties and responsibilities, including bylaws for its own organization, government and procedures.

(9) To purchase or lease land or property.

(10) To determine reasonable fees for services rendered to the public.

(11) To establish and promulgate reasonable minimum standards for the construction and operation of its facilities.

(12) To inspect any institution or facility providing any kind of treatment or care for those suffering from mental or emotional illness or mental retardation, and to certify any such institution or facility which meets its minimum standards.

(13) To establish and collect reasonable fees for necessary inspection services.

(14) To provide hearings for those claiming to be damaged by decisions of its employees.

(15) To file and prosecute suits.

(16) To accept gifts, trusts, bequests, etc.

(17) To receive moneys by way of fees for its services.

Author: Division of Mental Retardation, DMH/MR

Notes

Ala. Admin. Code r. 580-1-1-.06

Filed September 5, 1984. Repealed and Replaced: Filed November 5, 1992.

Statutory Authority: Code of Ala. 1975, §§ 22-50-9, 22-50-11.