Enrolled Version - Final Version
House Bill 2539 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
H. B. 2539
(By Delegates Morgan, Stephens,
Argento, Cann and C. Miller)
[Passed April 11, 2009; in effect ninety days from passage.]
AN ACT
to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-1-19, relating to
professional licensing boards; authorizing
the combining of
administrative staff functions of boards
; requiring
consultation with the office of the Attorney General;
requiring memorandum of understanding; and authorizing
emergency rules
and
rulemaking.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-1-19, to read as
follows:
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO STATE BOARDS.
§30-1-19. Combining board staff functions.
(a) Any board referred to in this chapter may combine
administrative staff functions with any other board or boards referred to in this chapter, pursuant to the provisions of
subsection (b) of this section,
to carry out the administrative
duties of the board
s as set forth in this article, the practice
acts of each
board set forth
in this chapter
and the legislative
rules of each board: Provided, That each board retains
responsibility for fulfilling its statutory duties.
(b) Before combining administrative staff functions pursuant
to subsection (a) of this section, the boards shall, in
consultation with the office of the Attorney General, enter into a
memorandum of understanding with the following provisions:
(1) The names of the boards combining administrative staff
functions;
(2) The administrative
staff functions
being combined,
including the staffs' titles and duties relative to each board;
(3) The prorata share of expenses that each board will be
responsible for paying, including salaries, office rent, office
supplies, telephone, fax and computer services, travel expenses and
any other expenses anticipated by the boards;
(4) A description of how decisions will be made by the boards,
including employment of staff, the staff's functions and duties,
and any other necessary decisions;
(5) A description of how modifications may be made to the
terms of the agreement; and
(6) Any other
provisions necessary
to set forth the agreement of the boards.
(c) The boards that combine administrative staff functions
pursuant to this section
,
may promulgate rules in accordance with
the provisions of chapter twenty-nine-a of this code, to make any
necessary changes to facilitate
the combining of administrative
staff functions. The boards
may also promulgate emergency
rules
pursuant to the provisions of section fifteen, article three,
chapter twenty-nine-a of this code, to correct any conflicts with
a board's current rules.