§4-14-4. Powers and duties of commission.
(a) The powers, duties and responsibilities of the commission include the following:
(1) Make a continuing investigation, study and review of the practices, policies and procedures of the department;
(2) Make a continuing investigation, study and review of all matters related to transportation policy in the state;
(3) Review long-term plans by the various agencies of the Department of Transportation and how they impact the citizens of West Virginia;
(4) Conduct studies on:
(A) The amount of state, federal and other funds expended in infrastructure investment in the state and the plan for future funds;
(B) The costs associated with failure to invest in the infrastructure of this state to citizens and businesses;
(C) The extent to which the state is maximizing available federal programs and other moneys in providing transportation investment to the citizens of this state;
(D) The operation of the Department of Transportation as a whole or its individual agencies; and
(E) The roles of the public, private and private nonprofit sectors in collaborating for improved infrastructure investment;
(5) Review and study the funding mechanisms for the State Road Fund and review any plans to adjust funding to ensure the necessary investment is made;
(6) Review and study the feasibility and financial impact upon the state of the long-term transportation plans in place in the department and its agencies; and
(7) Review and study the feasibility and financial impact upon the state of the establishment of alternative long-term transportation plans and alternative funding sources.
(b) The commission shall make annual reports to the Legislature regarding the results of all investigations, studies and reviews pursuant to the provisions of section five of this article.
(c) Limited subpoena power: —
(1) For purposes of carrying out its duties, the commission is hereby empowered and authorized to examine witnesses and to subpoena such persons and books, records, documents, papers or any other tangible things as it believes should be examined to make a complete investigation.
(2) All witnesses appearing before the commission under subpoena shall testify under oath or affirmation. Any member of the commission may administer oaths or affirmations to such witnesses.
(3) To compel the attendance of witnesses at such hearings or the production of any books, records, documents, papers or any other tangible thing, the commission is hereby empowered and authorized to issue subpoenas, signed by one of the co-chairs, in accordance with section five, article one, chapter four of this code. Such subpoenas shall be served by any person authorized by law to serve and execute legal process and service shall be made without charge. Witnesses subpoenaed to attend hearings shall be allowed the same mileage and per diem as is allowed witnesses before any petit jury in this state.
(4) If any person subpoenaed to appear at any hearing refuses to appear or to answer inquiries there propounded, or fails or refuses to produce books, records, documents, papers or any other tangible thing within his or her control when the same are demanded, the commission shall report the facts to the circuit court of Kanawha County or any other court of competent jurisdiction and such court may compel obedience to the subpoena as though such subpoena had been issued by such court in the first instance.Note: WV Code updated with legislation passed through the 2016 Regular Session