§ 35.12. Filling vacancies on Advisory Councils.
(a) Advisory Council members shall play an active, coordinating role in the recruitment and selection of new members to serve on the Advisory Council. Whenever a vacancy in the Advisory Council occurs, the Advisory Council shall solicit capable representatives of the population of older persons within the PSA, in accordance with the composition requirements in § 35.11(b)—(f) (relating to advisory council composition), by utilizing procedures which they find to be adequate, appropriate, and feasible. Such procedures may, for example, include the placing of an announcement of the vacancy to be filled in newspapers or in other appropriate media outlets.
(b) The Advisory Council’s procedure for filling vacancies shall:
(1) be adequately documented; documentation may include, for example, copies of letters to prospective nominees or copies of announcements placed in newspapers or in other appropriate media outlets;
(2) be specified in the Advisory Council’s bylaws, as stated in § 35.21(a)(3) (relating to advisory council organization responsibilities);
(3) result in the nomination of a person to serve on the Advisory Council; and
(4) be presented to the appointing authority, who reserves the right to accept or reject any nomination so presented.
(c) The appointing authority shall act either to accept or reject the nomination of a person to serve on the Advisory Council within 60 days of the date the nomination is presented to it under subsection (b)(4).
(d) Where the appointing authority has delegated responsibility for selection of Advisory Council members to the Advisory Council, new members may be selected by the Advisory Council itself, following a procedure which assures that its membership is truly representative of older persons within the PSA. Such procedures may include, for example, selection by older persons themselves in a democratic fashion.
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