Docstoc

HEAARS Statute

Document Sample
HEAARS Statute Powered By Docstoc
					HIGHER EDUCATION ACCREDITATION
AGENCY OF REPUBLIC OF SRPSKA
BANJA LUKA



                                            PROPOSAL




                         STATUTE




                         Banja Luka, 2011
Pursuant to Article 28., paragraph 6 of the Law on Higher Education (RS Official Gazette
73/10), Article 17. of the Law on System of Public Institutions, (RS Official Gazette 68/07),
with reference to items 13 and 14 of the Decision on Establishing Public Institution Higher
Education Accreditation Agency of the Republic of Srpska (RS Official Gazette 24/11) and the
Government of Republic of Srpska Decision on Granting Consent on Statute, reference number
04/1-012-2-1173 dated 2nd June, 2011, on the session dated 7th July 2011 the Managing board
of the Higher Education Accreditation Agency of Republic of Srpska issued the:

                                       STATUTE

       I       BASIC PROVISIONS

                                            Article 1

        This Statute regulates the scope of activities, organisation, the operational mode, bodies
and their competence, representation and advocating, operational transparency and other issues
significant for activities and operations of the Higher Education Accreditation Agency of the
Republic of Srpska (hereinafter: Agency).

                                            Article 2

       (1) Agency is the public institution founded by Republic of Srpska (hereinafter:
           Republic) whose purpose is conducting the process of accrediting higher education
           institutions and study programs realised in higher education institutions in the
           Republic of Srpska (hereinafter: Republic).
       (2) Agency is a legal entity with rights and liabilities established by the Law, this
           Statute as well as standards and instructions for quality assurance.

                                            Article 3

       (1) In legal matters, the Agency operates under the name: Higher Education
           Accreditation Agency of Republic of Srpska.
       (2) The shorter name of the Agency in Serbian language is: JU Agencija za akreditaciju
           VSU RS
       (3) The name of the Agency in English is: Higher Education Accreditation Agency of
           the Republic of Srpska.
       (4) The shorter name of the Agency in English language is: RS HEAA.


                                            Article 4

Agency is located in Banja Luka, in 1 Vuk Karadzic St.
                                           Article 5

    (1) Agency has its own stamp and the seal.
    (2) The shape of the Agency stamp is round, 35 mm in diameter with the name Republic
        of Srpska, name and address of the Agency imprinted in concentric circles around the
        emblem of the Republic of Srpska.
    (3) For the acts and public documents used abroad, the Agency stamp has the Bosnia and
        Herzegovina emblem, around which, in the outside circle, is the name Bosnia and
        Herzegovina and Republic of Srpska in the bottom part, whereas the location of the
        Agency is in the next circle.
    (4) If Agency has multiple stamps, each of those stamps must be designated an ordinal
        number visible in the stamp above the emblem of Republic of Srpska.


                                           Article 6

 Agency has its seal of rectangular shape, dimensions 60x30 containing text written in three
rows: “Republic of Srpska, Higher Education Accreditation Agency of Republic of Srpska,
Banja Luka” and place for the date when the document was received, registration number of
the document and the number of the document attachment.

                                           Article 7

   (1) The decision on the number of the stamps and seals, its use and safekeeping is at the
       sole discretion of the Agency director.
   (2) The use of the stamp is the responsibility of the Agency director, i.e. the person
       appointed by him.

                                           Article 8

    (1) Agency has a trademark, the contents and the design of which is designated by the
        Managing board’s special decision and which is used when dealing with third persons.
    (2) The mark from the previous paragraph may be of various dimensions, depending on the
        Agency needs and is used on the Agency memorandum, for marking vocational and
        other Agency publications, as well as for other advertising and marketing needs of the
        Agency.

II SCOPE OF AGENCY ACTIVITIES

                                           Article 9

     The basic activity of the Agency is accreditation of the higher education institutions and
study programs performed on higher education institutions in the Republic.

                                           Article 10

      Besides the basic activity from the Article 9 of this Statute, the Agency also performs the
    following activities:
        а) conducts the process of re-accreditation of higher education institutions and study
programs in the Republic,
        b) performs activities reference its linking and subsequent accession with international
associations and networks dealing with quality assurance in the higher education system,
        b) keeps a register of accredited higher education institutions and study programs in the
Republic,
        d) collects and processes data on the higher education system with the purpose of
providing relevant information, statistical indicators and analyses required as a starting point
for establishing standards, criteria and evaluation in all evaluation processes conducted by the
Agency,
        e) publicly manages research and development policies and associated funding
resources,
        f) organises trainings and certification of staff in the area of quality assurance,
        g) Participates in international projects regarding quality assurance
        h) 85.60 provides auxiliary service activities in educational sector,
        i) 84.12 regulates the activities of public institutions that provide health protection,
education, cultural services and other social services, except the obligatory social insurance,
        j) 58.14 publishes magazines, periodical publications, and
        k) 58.19 miscellaneous publishing activities and
        l) Performs other activities in accordance with regulations.


III ORGANISATION OF WORK IN THE AGENCY

                                           Article 11

      The work in the Agency is organised on the bases that provide unique, complete,
transparent, efficient and rational operational activities and tasks from its scope.

                                           Article 12

      Agency has a duty of taking over the measures that contribute to the work improvement
of the Agency, improve and rationalise the internal organisation of the work and measures that
contribute to the expert education and specialisation of employees.

                                           Article 13

       Organisation and systematisation of work and tasks in the Agency determines:
        а) Efficient realisation of tasks, rational organisation of work, successful management
and realisation of responsibility,
        b) Grouping work and tasks by type, degree of complexity, scope and other conditions
for the successful execution.
                                             Article 14

      (1) The Job Classification and Internal Organization Regulations Act of the Agency is
          the document issued by the Managing board with the consent of the relevant Ministry
          proposed the Agency director.
      (2) The Regulations Act from the paragraph 1 of this article sets out the basic and
          internal organizational units in the Agency and its scope of work, number of
          employees, their duties and conditions for performing duties and tasks, management,
          programming and executing duties and tasks as well as other matters regarding the
          organization and management in the Agency.

IV AGENCY BODIES

                                             Article 15

    Management bodies in the Agency are:

       а) Managing board,
       б) director, and
       в) deputy director.

   1. Managing Board
                                           Article 16

        (1) Managing Board of the Agency performs the following duties:
       а) issues the Statute of the Agency with the consent of the Republic of Srpska
Government (hereinafter: Government),
       b) issues the annual work program and financial plan for the Agency with the consent of
the Government,
        c) issues the Job Classification and Internal Organization Regulations Act of the
Agency, with the consent of the relevant Ministry,
       d) issues the Regulations Act on wages and Regulations Act on benefits and other
incomes of Agency employees,
       e) the Regulations Act on financial activities and accountancy,
       f) the Regulations Act on using own funds,
       g) the Regulations Act on designating the price of services from the scope of Agency
competence,
       h) Rules of Procedure on the work of Managing board
       i) Rules of Procedure on the work of Forum,
       j) issues general acts and documents which regulate the accreditation procedure in
accordance with valid international and local regulations and standards,
       k) issues other general and individual acts with reference to the realization of goals and
tasks of the Agency and provides the legitimacy of Agency’s work in accordance with the Law
and this Statute,
      l) decides on required amendments of the annual work plan and financial plan, as and
when needed,
      m) decides on objections of the Agency employees on director’s acts issued in the first
instance,
      n) decides on Agency activities,
     o) decides on the use of funding, in accordance with the law and this Statute,
     p) considers and adopts the report on business activities and annual account of the
Agency and submits it to the Government,
     q) appoints permanent and temporary commissions and other bodies,
     r) performs other activities set by law, foundation act and this Statute.
    (2) for its work, the Managing board, is directly responsible to the Government.

                                           Article 17

       (1) the Managing board has five members, one being from student community.
       (2) members of the Managing board are appointed and suspended by the Government,
after the conducted public competition procedure.
       (3) the exception from the paragraph 2 of this article is the member of the Managing
            board from the student community who is appointed at the suggestion of the Republic
            of Srpska Student Association.
       (4) the chairman and the members of the Managing board are appointed on the period of
            four years with the possibility of one re-election, except the student representatives
            whose mandate is one year long.

                                           Article 18

      The person eligible to be appointed a Managing board member should be a citizen of
Bosnia and Herzegovina and/or Republic of Srpska with the reputation in the expert public
community and RS academia and whose knowledge and experience can contribute to the work
of this body.

                                           Article 19

     The Chairman of the Managing board is elected by the majority of votes of all
Managing board members.

                                           Article 20

      (1) Managing board works and makes decisions at sessions; decisions are made by the
          majority of total number of members’ votes.
      (2) Sessions of the Managing board are summoned and presided by the Chairman of the
          Managing board, and in his absence the member of the Managing board designated
          by the Chairman.
      (3) Director may start the initiative for summoning the Managing board session.

                                            Article 21

  The Rules of Procedure on the work of Managing board regulates the work of the
Managing board more closely.

                                           Article 22

      Members of the Managing board have the right to be paid certain benefits by the
Agency for their work.
                                          Article 23

       (1) Mandate of the Managing board members ceases in a way and under the conditions
            regulated by law.
       (2) Members of the Managing board may be suspended even before the end of their
            mandate:
      а) upon personal request,
      b) if failing to act in accordance with the law and general acts of the Agency,
      c) if misusing their position,
       d) if validly accused of committing a criminal act what makes them undignified to
perform the duty,
       e) if unjustifiably absent from three or more sessions of the Managing board a year.

                                            Article 24

        (1) If, for any reason, the number of Managing board members decreases, the
            Managing board is obliged to inform the Government on the need of appointing
            new member within 8 days from the day of being informed.
        (2) The mandate of the newly appointed member of the Managing board lasts till the
            end of the mandate of Managing board assembly.
        (3) The Managing board member from paragraph 1 of this article is appointed in
            accordance with provisions of articles 17 and 18 of this Statute.

   2. Director
                                            Article 25

        (1) Director leads the Agency, presents and represents the Agency and is responsible
            for the legality of its work.
        (2) Agency director has a deputy director.
        (3) Agency deputy director acts on behalf of director in case of director’s absence or
            director being held elsewhere, performs the duties from the scope of his
            competence, and other duties as tasked by the director.
        (4) Agency director and the deputy director are appointed and suspended by the
            Government based on the process of public competition, on the period of five
            years.
        (5) Director and the deputy director may be re-appointed to the same positions for
            another mandate.

                                            Article 26

       (1) Person eligible to be appointed Agency director is a person who, besides the legally
           regulated general conditions meets also the following conditions: is a citizen of
           Bosnia and Herzegovina and/or Republic of Srpska and has a scientific and
           teaching title of visiting or full professor who possesses international teaching and
           scientific references in the area of quality assurance and experience in managing
           higher education institutions and who enjoys reputation in expert community and
           academia of the Republic.
        (2) Person eligible to be appointed deputy director is a person who is a citizen of
            Bosnia and Herzegovina and/or Republic of Srpska with academic title of Master of
            Science or a doctor, with long experience in the area of higher education and quality
            assurance.


                                                Article 27

        (1) Within rights and liabilities, Agency director performs the following work:
         а) organises and manages the work of the Agency,
         b) proposes acts issued by Managing board,
         c) executes the decisions of the managing board and takes over measures for its
         implementation,
         d) proposes the Job Classification and Internal Organization Regulations Act,
         e) proposes the work program and financial plan of the Agency,
         f) issues decision on using the Agency financial funds,
         g) plans the Agency funding in accordance with the financial plan,
         h) submits the report on Agency financial activities,
         i) issues regulations, instructions and other acts with regards to Agency employees ,
         thus establishing the modality of work and tasks in the Agency,
         j) issues individual and other acts necessary for the realization of Agency goals and
         tasks, which are not under the competence of the Managing board,
         k) decides on the need of employing Agency staff in accordance with Labour law.
         Collective agreement, Rules of procedure and Job Classification and Internal
         Organization Regulations Act
         l) makes the first instance decision on individual rights, liabilities and responsibilities of
the Agency employees,
         m) performs the duty of the main editor of all expert editions and Agency Bulletin,
         n) approves business trips in the country and abroad,
         o) appoints the commission for making annual inventory of fixed assets, requisitions
and liabilities of the Agency, as well as other commissions as and when needed, in accordance
with the law and general acts of the Agency,
         p) selects outsourced associates from the area of science and experts for performing
         specific tasks reference the Agency activities,
         q) performs other legally duties established by Law, this Statute and other Agency acts.
       (2) Agency director is independent in performing tasks from the paragraph 1 of this
Article.
       (3) Agency director works in accordance with the adopted Agency work plan and
program and decisions issued for its performance.

                                              Article 28

      For their work, Agency director and deputy director are responsible to Managing board
and the Government.

                                              Article 29

       (1) Agency director participates in the work of Managing board but without decision
           making rights.
      (2) If director deems the Managing board decision illegitimate with reference to the
          Law, this Statute or other general act, he is to notify the Managing board.
      (3) If, despite the director’s opinion, the Managing board issues the decision that harms
          the Agency, director has the duty to suspend the execution of such a decision and
          inform the Government on the issue.

                                           Article 30

     (1) The function of the director and the deputy ceases in case of:
      а) mandate expiration,
      b) resignation,
      c) fulfilling conditions for age retirement,
      d) if elected to some other function conflicting the function of the director, and
      e) if convicted to prison sentence.
     (2) Director and the deputy director may be suspended even before the expiration of the
mandate:
      а) if convicted for a criminal acts that makes him undignified of the function
      performed,
      b) if performing the function of the director in an unprofessional manner,
      c) if not performing the tasks defined by law and this Statute, i.e. if exceeding his
      authorities and thus imposes the damage to the Agency to a greater extent, and
      d) if absent for a longer period of time or otherwise prevented to perform that duty.

V BODIES AND COMMISSIONS OF THE AGENCY

                                          Article 31

    (1) The Agency Forum (hereinafter: the Forum) is the advisory body of the Agency.
    (2) Forum is comprised of representatives of the academia, economy and expert
        community of the Republic with experience and references in the area of quality
        assurance in higher education.
   (3) Members of the Forum are elected by the Commission comprised of Agency employees.
   (4) Forum members work with no financial compensation.


                                          Article 32

        (1) For performing the activities and tasks from the area of its competence, Agency
            can for expert bodies, working groups and commissions.
        (2) Members of bodies, groups and commissions from the paragraph 1 of this article
            are elected from Forum members and have the right on financial compensation for
            their work.
        (3) The amount of the financial compensation is established with the special act, with
            previous consent from the Managing board.

                                          Article 33

      (1) The jurisdictions of the Forum are as follows:
     а) providing advice and opinions from the area of Agency’s scope of activities,
      b) participation in hearings and expert events with reference to the Agency’s work,
      c) participation in educational activities and seminars organized by the Agency,
      d) providing opinions on proposing general acts, expert documents and publications
issued by Agency,
      e) other advisory affairs and issues, upon the request of the Agency director.

                                           Article 34

        The modality of Forum work is regulated by the Rules of Procedure on the work of this
body.

                                           Article 35

      The financial compensation to the members of the Managing board, wages for the
director and the deputy director and Agency employees is established by Managing board
general act, in accordance with the law.


VI INTERNAL ORGANISATION OF THE AGENCY


                                           Article 36

      The working and legal status of the Agency employees. i.e. the procedure of exercising
their rights and liabilities from the employment are subject to implementation of regulations
that refer to employment and Agency general acts.


VII TRANSPARENCY OF WORK AND BUSINESS SECRET

                                           Article 37

         (1) Agency provides the transparency of work by cooperating with media and by
             informing other institutions on the work and activities of the Agency.
         (2) Data and notices on the Agency activities are made public by the Agency director
             or the person designated by him.
         (3) For the purpose of more substantial informing the public on its work, the Agency
             may issue special publications and publish information on web sites.
         (4) Realisation of the transparency principle can in no way be contradictory to the
             interests of the Agency.


                                           Article 38

         (1) The business secrets are documents, information and other data which, if made
             public to the unauthorised person, would damage the interest and the agency
             reputation.
         (2) By means of special act, the Managing board determines which data are classified
             as secret, designates the mode for handling those data and protection measures.
                                          Article 39

       (1) Members of the Managing board, director and all Agency employees engaged to
           work in the Agency pursuant to any modality of work, are obliged to keep secret
           for the duration of their mandate, i.e. their engagement plus a year after the
           mandate expired.
       (2) Making public the data which are proclaimed a business secret to other
           unauthorised persons represents heavy violation of employment.



VIII FINANCING THE AGENCY

                                          Article 40.

        (1) Agency is financed from the budget of the Republic, own funds and other sources
            all in accordance with the Law.
        (1) Employees’ wages and benefits are financed from the budget of the Republic.


                                          Article 41

    (1) Agency realizes own funding by conducting the higher education and study programs
        accreditation process and by performing other activities from the scope of Agency
        activities.
    (2) Agency shall use own funding for material expenses and for developing the Agency
        activities.

                                          Article 42

      (1) Agency is keeping accountancy books in accordance with regulations from the area
          of accountancy.
      (2) Agency director and the person authorised by his are responsible for book keeping.



IX GENERAL AGENCY ACTS

                                          Article 43

       General Agency acts are: Statute, Regulations acts, Rules of Procedures, decisions and
other acts that generally define certain issues and relations reference the work of the Agency.


                                          Article 44

       (1) Statute is the basic act of the Agency and all other general Agency acts must be in
           accordance with it.
       (2) Amendments and addendums of the Statute may be proposed by the managing
           board and the Agency director.
       (3) Decision on amendments and addendums is brought by the Managing board, with
           the consent from the Government.


                                           Article 45

       (1) General Agency acts of broader interest are published in the Republic of Srpska
           “Official Gazette”.
       (2) Other general acts, documents and procedures are published on the notice board and
           Agency web page and come into force on the eighth day from the day when
           published.

X TRANSITIONAL AND FINAL PROVISIONS

                                           Article 46

   (1) Employment of workers, their work related rights, obligations and responsibilities are
       to be performed in accordance with Labour law and collective agreement provisions.
   (2) Coefficients and the price of labour that are used for wages calculations as well as other
       benefits’ calculations in the Agency is designated based on the analogous application of
       the provisions of the Law on employees’ wages in the administration bodies of
       Republic of Srpska (RS Official Gazette, nr. 118/07, 116/09 and 1/11).

                                           Article 47

      This Statute comes into force on the day when consent from the Republic of Srpska
Government is granted and shall be published on the Agency notice board.

                                           Article 48

       Amendments and addendums to this Statute are performed in a way and according to
procedures defined for its issue.

                                           Article 49

       Interpretation of the Statute provisions is done by the Agency Managing board.

                                           Article 50

       Agency Managing board has a duty to issue Agency general acts in accordance with the
provisions of this Statute, and the timeframe defined is 90 days from the date when this Statute
came into force.


Number:                                   The Chairman of the temporary Managing board
Date: 19th May, 2011.
                                                         Milan Kulic, Ph. D.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:4
posted:9/27/2012
language:Unknown
pages:12