(1) The director of the department shall recognize a petition by a citizens' organization for a developmental disabilities regional council under the procedures set forth herein. The petition shall be signed by a majority of the proposed members and shall provide:

(a) that the proposed council has not more than 20 members;

(b) the names and addresses of each proposed council member;

(c) that the citizens' organization is broadly representative of the region and at least 1/3 of the council's members are consumers or representative of consumers or consumer organizations in the discipline of developmental disabilities;

(d) that no proposed members are employees of the department of social and rehabilitation services or employees of a provider service program funded wholly or in part through the developmental disabilities program;

(e) that the citizens' organization held at least 3 public meetings in different areas of the region and that the public was encouraged to attend and participate in the formation of a regional council;

(f) that the public was given adequate notice of the meetings by means of local news media such as radio, newspapers and television throughout the region;

(g) that the organization has compiled by-laws for the proposed council; and

(h) that a recognized regional council for developmental disabilities does not exist for that region.

(2) A citizens' organization shall submit its petition to the director, Department of Public Health and Human Services, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604-4210. The director shall notify the citizens' organization, in writing, no later than 30 days after receipt of the petition whether the citizens' organization is approved as a regional council for developmental disabilities.

(3) Citizens' organizations approved by the department as regional councils prior to December 1, 1979, shall be treated as if approved in accordance with the provisions of this section.

(4) Regional councils shall file with the director of the department current copies of council by-laws and council membership lists no later than October 1 of each year. The council membership list shall include sufficient information about council members to verify that the council is constituted in accordance with the laws of the state and this chapter provided, however, that any person who is a member of a regional council on January 1, 1980, may complete his or her term. Notice of approval or non-approval of by-laws and membership will be sent by the director no later than November 1. Any regional council not in compliance with the provisions of this chapter will be provided a period of time, as determined by the director, which will be no less than 30 days to correct such situation.

(5) Regional council by-laws. A regional council shall adopt by-laws which shall set forth:

(a) a stated purpose;

(b) the council duties, consistent with law;

(c) that membership on the council, except for vacancies occurring for any reason during a member's term, will be determined by election held at a public meeting which has been advertised in the news media throughout the region for a set number of days, and for which a set number of day's notice has been given; and which persons present are eligible to vote in such elections;

(d) that no members are employees of the department or employees of a provider service program funded wholly or in part through the developmental disabilities program;

(e) provisions which:

(i) identify potential conflict of interest situations for council members;

(ii) detail the manner in which such conflicts will be handled, which provisions must, at a minimum, restrict a member from evaluating a service program in which the member has a direct interest or voting on any matter, the outcome of which will directly affect a member's interest; and

(iii) provide for the monitoring of such conflict of interest provisions.

(f) provisions governing terms for members;

(g) provisions for filling vacancies created on the council during members' regular terms;

(h) provisions for electing officers for the council, for terms of office for officers, and for the filling of vacancies created during terms of office;

(i) that a quorum shall be at least a majority of the voting membership of the council, including alternates present to represent absent members;

(j) that the council will conduct regular meetings at least once during each calendar quarter, that records shall be kept of activities of the council and the means by which the public has access to the records;

(k) that if a committee is created, the purpose and function of that committee; and

(l) provisions for amending the by-laws.

(6) Regional councils shall:

(a) advise the department, other state agencies, councils, local governments, and private organizations on programs for services to the developmentally disabled within the region;

(b) make an annual written review and evaluation of needs within the region, including a list of priorities according to the findings of the review, and provide a copy of the review to the department and the developmental disabilities planning and advisory council by December 1 of each year;

(c) develop an annual plan for a system of community-based services for the developmentally disabled within the region and provide a copy of the plan to the department and the planning and advisory council by March 1 of each year preceding the federal fiscal year to which the plan applies;

(d) make an annual written review and evaluation of services presently provided within the region and provide a copy of the evaluation to the department and the planning and advisory council by May 1 of each year;

(e) provide two names for regional representatives to the planning and advisory council as requested by the council; and

(f) inform the department of changes in officers, members and alternates of the regional council, or of changes in the by-laws.

(7) The department shall employ a regional supervisor for each region to provide technical and administrative assistance to the regional council in:

(a) preparing a review and evaluation of needs and services;

(b) advising the department on programs for services;

(c) developing a plan for the developmentally disabled within the region, and to provide such additional assistance as may be assigned by the division administrator.