FISCAL NOTE
FUND(S):
Road Fund
Sources of Revenue:
Special Fund
Legislation creates:
Neither Program nor Fund
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
2ND REVISION
The purpose of this bill is to create within the Department of Transportation the Office of Administrative Law Judge. The office would be supervised by a Chief Administrator appointed by the Governor.
The Administrative Law Judges will hear appeals from all those who have had their driver’s license suspended for whatever reason. Hearings for these appeals are to be held at the Division of Motor Vehicles Office closest to the county where the arrest was made.
The Division of Motor Vehicles currently uses twelve (12) Hearing Examiners who are located throughout the state. The bill transfers all twelve (12) to the new Department of Transportation, Office of the Administrative Law Judge. Two (2) of the current Hearing Examiners meet the qualifications for Administrative Law Judge and would be due salary increases to the level of $50,000 annually. This is an increase from the current average annual salary of $36,380. The bill further states that “A plea of no contest does not constitute a conviction for purposes of this section except where the person holds a commercial driver’s license or operates a commercial vehicle.” The Division estimates that this provision will increase the number of hearings from eighteen hundred (1,800) in Fiscal Year 2009 to thirty-five hundred (3,500). The increased volume will require the hiring of three (3) additional Administrative Law Judges at a rate of $50,000 annually. Total salaries for the fifteen (15) Administrative Law Judges/Hearing Examiners would be $613,800 annually.
The Division further estimates that this bill will require the hiring of one (1) Chief Administrator, one (1) Executive Secretary, two (2) Paralegals, and two (2) additional transcriptionists. All other positions needed to schedule and transcribe the hearings would be performed by current staff.
In addition, the Attorney General’s Office would need to hire fifteen (15) additional attorneys to represent the Division of Motor Vehicles.
The estimated cost to add the new Office of Administrative Law Judge to the Department of Transportation would be $2,226,641.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2010
Increase/Decrease
(use"-") |
2011
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
2,226,641 |
2,226,641 |
2,226,641 |
| Personal Services |
521,605 |
521,605 |
521,605 |
| Current Expenses |
1,661,582 |
1,661,582 |
1,661,582 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
43,454 |
43,454 |
43,454 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
CURRENT COST:
Personnel Services:
Chief Administrator 1 @ $ 75,000 $ 75,000
Judges/Hearing Examiners 15 @ Various $ 613,800
Executive Secretary 1 @ $ 35,000 $ 35,000
Transcriptionist 2 @ $ 20,742 $ 40,944
Paralegal 2 @ $ 32,000 $ 64,000
Sub Total 21 employees $ 828,744
Less Reduction of Current Positions ($ 436,560)
Additional P.S. Budget $ 392,184
Sub Total Benefits $ 273,486
Less Fringe Benefits ($ 144,065)
Additional Benefits $ 129,421
Current Expenses:
Office Space $ 52,813
Print Cartridges $ 1,625
Cell Phones $ 4,875; ($ 3,600)
Calling Cards $ 163
Vehicle Rent $ 81,900; ($60,480)
Maintenance $ 21,895; ($15,984)
Supplies $ 5,625
Printers $ 375
Print Cartridges $ 125
Software $ 6,250
AG’s Reps $1,566,000
Sub Total $1,741,646 ($80,064)
Additional Current Expenses $1,661,582
Equipment:
Laptops $ 32,040; ($25,632)
Printers $ 1,875; ($ 1,200)
Desktops $ 2,621
Workstations $ 33,750
Sub Total $ 70,286 ($26,832)
Additional Equipment $ 43,454
TOTAL ADDITIONAL COST $2,226,641
Memorandum
Person submitting Fiscal Note: Rick Johnston
Email Address: Rick.M.Johnston@wv.gov