N.J. Admin. Code § 10:47-3.6 - Governing body; non-proprietary facilities

Current through Register Vol. 54, No. 7, April 4, 2022

(a) In a non-proprietary facility, there shall be a board of directors, board of trustees, or other similar governing body responsible for the facility's management, control, and operation, the welfare of the individuals served and the formulation of administrative policy.
1. A non-proprietary facility shall have a governing body which includes representatives of the community in which the facility is located, representatives of the parents, and providers of services.
i. The names and addresses of all board members shall be supplied to the licensing and inspecting agencies.
ii. The professional background of each member shall be provided.
iii. Changes in membership shall be reported to the licensing and inspecting agencies annually.
2. The governing body shall elect any of the following to its membership: president or chairperson, vice president or co-chairperson, secretary, treasurer, or other members, based upon the governing needs of the facility. It shall have the power to appoint such officers and committees as it may require to assist in carrying out its functions.
i. The governing body shall conduct regular meetings and such special meetings as required.
ii. Minutes shall be recorded and readily available to representatives of the licensing and inspecting agencies.
3. The governing body of a facility shall designate a person to act as chief executive officer of the facility and shall delegate sufficient authority to such person necessary to manage the affairs of the facility effectively.
i. The chief executive officer, in conjunction with the governing body, shall be responsible for the general direction and establishment of policies concerning the operation of the facility and welfare of the individuals served.
4. The governing body of a facility shall ensure that the facility:
i. Is in continual compliance and conformity with all relevant laws and/or regulations, whether Federal, State, local or municipal, affecting the operation of the facility;
ii. Is in continual compliance and conformity with the terms of all leases, contracts, or other legal agreements to which the facility is a party;
iii. Is maintained, staffed, and equipped in such a manner as to effectively implement the programs of the facility;
iv. Is adequately funded and fiscally sound. To this end, the governing body shall be responsible for:
(1) The review and approval of the facility's annual budget; and
(2) The review of an annual report completed by an independent auditor. The audit shall be made available upon request to any public agency which provides funds to the facility and the licensing agency; and
v. Consults with the licensing and inspecting agencies prior to making any substantial alteration in the program provided by the facility or the physical plant.


N.J. Admin. Code § 10:47-3.6

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