West Virginia Code 5F-2-5 – Independent appeal boards
(a) The Legislature finds and declares that it may be desirable and appropriate for certain boards and commissions created by the Legislature which may be called upon to review, adjudicate or reverse administrative actions and decisions of agencies of the state to be fiscally and functionally independent of the agency or agencies reviewed, to issue rules and manage day-to-day operations independently, and to function as independent and autonomous instrumentalities of the state.
Terms Used In West Virginia Code 5F-2-5
- Agency: means any department, division, fund, office, position, system, survey or other entity of state government, however designated, transferred to and incorporated in one of the departments created in section two of this article. See West Virginia Code 5F-1-4
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Board: means any board, commission, authority, council, or other body, however designated, consisting of two or more members, transferred to and incorporated in one of the departments created in section two of this article. See West Virginia Code 5F-1-4
- Code: means the Code of West Virginia, 1931, as heretofore and hereafter amended. See West Virginia Code 5F-1-4
- Secretary: means the administrative head of one of the departments created in section two of this article. See West Virginia Code 5F-1-4
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) To achieve this purpose, the Governor may by executive order provide for the transfer from the departments and agencies of the state of any or all of the following boards or commissions which are appellate bodies or were otherwise established to be independent decision makers:
(1) Human rights commission provided for in article eleven, chapter five of this code;
(2) Workers compensation appeals board and office of judges provided for in article five, chapter twenty-three of this code;
(3) Air quality board provided for in article two, chapter twenty-two-b of this code;
(4) Environmental quality board provided for in article three, chapter twenty-two-b of this code;
(5) Surface mine board provided for in article four, chapter twenty-two-b of this code;
(6) Board of appeals provided for in article five, chapter twenty-two-a of this code; and
(7) Shallow gas well review board provided for in article eight, chapter twenty-two-c of this code.
(c) Upon any transfer by executive action authorized in subsection (b) of this section, the Governor may provide for administrative support by a department or agency of the state to the board or commission transferred in the same manner as is provided by a department secretary and for liaison with the office of the Governor with respect to budgetary and administrative matters through a department or agency of the state: Provided, That nothing in this section shall be construed to affect the existence, powers, authority and duties of independent boards and commissions or the membership, terms and qualifications of members of such boards and commissions.
(d) The authority to make transfers as provided in subsection (a) of this section shall expire on January 1, 1995. Upon the exercise of the powers granted in subsection (b) of this section, the Governor shall submit to the Legislature a report setting forth the reorganization implemented by executive action pursuant to this section, any recommendations for further reorganization requiring legislative action and drafts of any recommended legislation for consideration by the Legislature during the regular session in the year 1995 to conform this code to the reorganization implemented by executive action.
(e) Upon transfers as authorized in subsection (a) of this section, the Governor may transfer the funds appropriated to the department or agency of the state attributable to the functions of the board or commission transferred in order to implement the transfer: Provided, That the authority to transfer funds under this section shall expire on June 30, 1995: Provided, however, That no funds may be transferred from a special revenue account, dedicated account, capital expenditure account or any other dedicated account or fund for any use or purpose other than the purpose for which the account or fund is dedicated.
(f) Nothing in this section shall be construed to affect the consolidation of legal, technical and support personnel and of procedures of the air quality board, environmental quality board and surface mining board provided for in article one, chapter twenty-two-b of this code.