H. B. 4774
(By Delegates Douglas, Butcher, Caputo, Prunty, Flanigan,
H. White and Willison)
(Originating in the Committee on Government Organization)
[February 25, 2000]
A BILL to amend and reenact section one, article one, chapter
twenty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to continuing the
authority of the commissioner of the bureau of employment
Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter twenty-three of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. GENERAL ADMINISTRATIVE PROVISIONS.
§23-1-1. Commissioner of the bureau of employment programs;
compensation programs performance council; official seal;
continuation of authority of commissioner; legal services; rules.
(a) The commissioner of the bureau of employment programs
appointed under the provisions of section one, article two, chapter twenty-one-a of this code, has the sole responsibility for the
administration of this chapter except for such matters as are
entrusted to the compensation programs performance council created
pursuant to section one, article three, chapter twenty-one-a of
this code. In the administration of this chapter, the commissioner
shall exercise all the powers and duties described in this chapter
and in article two, chapter twenty-one-a of this code.
(b) The commissioner is authorized to promulgate rules and
regulations to implement the provisions of this chapter.
(c) The commissioner shall have an official seal for the
authentication of orders and proceedings, upon which seal shall be
engraved the words "West Virginia Commissioner of Employment
Programs" and such other design as the commissioner may prescribe.
The courts in this state shall take judicial notice of the seal of
the commissioner and in all cases copies of orders, proceedings or
records in the office of the West Virginia commissioner of
employment programs shall be equal to the original in evidence.
(d) Pursuant to the provisions of article ten, chapter four of
this code, the commissioner of the bureau of employment programs
shall continue to administer this chapter until the first day of
July, two thousand four.
(e) The attorney general shall perform all legal services
required by the commissioner under the provisions of this chapter:
Provided, That in any case in which an application for review is prosecuted from any final decision of the workers' compensation
appeal board to the supreme court of appeals, as provided by
section four, article five of this chapter, or in any court
proceeding before the workers' compensation appeal board, or in any
proceedings before the office of judges, or in any case in which a
petition for an extraordinary writ is filed in the supreme court of
appeals or in any circuit court, in which such representation shall
appear to the commissioner to be desirable, the commissioner may
designate a regular employee of this office, qualified to practice
before such court to represent the commissioner upon such appeal or
proceeding, and in no case shall the person so appearing for the
commissioner before the court receive remuneration therefor other
than such person's regular salary.
Strike-throughs indicate language that would be stricken from the
present law, and underscoring indicates language that would be