HB2747 H VAHLS AM #1

Wilkinson 3909

The Committee on Veterans Affairs and Homeland Security moved to amend the bill on page 1, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

CHAPTER 15A. Department of HOMELAND SECURITY.

ARTICLE 9. OFFICE OF ADMINISTRATIVE HEARINGS.

§15A-9-1. Office created; appointment of Chief Hearing Examiner.

(a) The Office of Administrative Hearings is created as a separate operating agency within the Department of Homeland Security.

(b) The Secretary Governor, shall appoint a director of the office who shall serve as the administrative head of the office and as chief hearing examiner.

(c) Prior to appointment, the Chief Hearing Examiner shall be a citizen of the United States and a resident of this state for at least five consecutive years prior to appointment, and who is admitted to the practice of law in this state.

(d) The salary of the Chief Hearing Examiner shall be set by the Governor. Secretary of the Department of Homeland Security. The salary shall be within the salary range for comparable administrators as determined by the State Personnel Board created by section six, article six, chapter twenty-nine of this code

(e) The Chief Hearing Examiner during his or her term shall:

(1) Devote his or her full time to the duties of the position.

(2) Not otherwise engage in the active practice of law, or be associated with any group or entity which is itself engaged in the active practice of law: Provided, That nothing in this paragraph may be construed to prohibit the Chief Hearing Examiner from being a member of a national, state or local bar association or committee, or of any other similar group or organization, or to prohibit the Chief Hearing Examiner from engaging in the practice of law by representing himself, herself or his or her immediate family in their personal affairs in matters not subject to this article.

(3) (1) Not engage directly or indirectly in any activity, occupation or business interfering or inconsistent with his or her duties as Chief Hearing Examiner;

(4) (2) Not hold any other appointed public office or any elected public office or any other position of public trust; and

(5) (3) Not be a candidate for any elected public office, or serve on or under any committee of any political party.

(f) The Chief Hearing Examiner serves at the will and pleasure of the Governor. Secretary

CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 12. PROBATION AND PAROLE.

§62-12-12. Parole Board generally.

a) The West Virginia Parole Board is continued as part of the Division of Corrections and Rehabilitation Department of Homeland Security, Office of Administrative Hearings. The board shall consist of ten nine members, each of whom shall have been a resident of this state for at least five consecutive years prior to his or her appointment. No more than five of the board members may at any one time belong to the same political party, except as provided in subsection (b) of this section. The board, shall be appointed by the Governor, by and with the advice and consent of the Senate and shall serve at the will and pleasure of the Governor.

Appointments shall be made in such a manner that each congressional district is represented and so that no more than four and no less than two members of the board reside in any one congressional district

(b) The Governor shall appoint one of the nine members to Chief Hearing Examiner appointed pursuant to §15A-9-1 of this code shall be one of the members of the Board, and shall serve as chairperson. at the Governor’s will and pleasure The chairperson may only vote in the instance of a tie: Provided, That if the chairperson is sitting on a parole panel, pursuant to subdivision (4) of this subsection, the chair shall cast a vote.  In addition to all other powers, duties, and responsibilities granted and assigned to the chairperson by law and rule, the chairperson has the following powers and duties:

(1) To provide for the management of facilities and personnel of the board, and to employ one full-time administrative employee who shall be a classified exempt employee;

(2) To supervise the administration and operation of the board;

(3) To delegate the powers and duties of his or her office solely with respect to the duties of the Parole Board to the vice chairperson or other members of the board, who shall act under the direction of the chairperson and for whose acts he or she is responsible: Provided, That if the position of chairperson becomes vacant by death, resignation, or otherwise, the vice chairperson shall assume all the powers and duties of the chairperson until such time as a new chairperson is appointed pursuant to the provisions of this subsection;

 (4) To employ one full-time administrative employee, who shall be a classified exempt employee sit on panels of the board as circumstances require; and

(5) To exercise all other powers and perform all other duties necessary and proper in carrying out his or her responsibilities as chairperson.

(c) The remaining nine members of the Board, shall be appointed by the Governor, by and with the advice and consent of the Senate., and shall serve at the will and pleasure of the Governor. No more than five of the board members, appointed pursuant to this subsection, may at any one time belong to the same political party

(c) (d) The board, from its membership but excluding the chair, shall elect a vice chairperson, at least once every year, to serve as chair in the absence of a chairperson. In the absence of or at the direction of the chairperson, the vice chairperson may exercise the powers and duties of the chairperson. The vice chairperson shall, while performing the duties and responsibilities of the chairperson, have all of the statutorily authorized power and duties of the chairperson solely with respect to the duties of the Parole Board.

(d) (e) Any person initially Members appointed pursuant to subsection (c) of this section appointed to the board on or after July 1, 2012, shall have a degree from an accredited college or university, or be a graduate of a federal or state law enforcement academy, or have at least five years of actual experience in the fields of corrections, law enforcement, sociology, law, education, psychology, social work, or medicine, or a combination thereof, and shall be otherwise competent to perform the duties of his or her office. All members currently serving on the board shall continue the terms they are currently serving, unless otherwise removed. The members shall be appointed for overlapping terms of six years. The members of the board, appointed pursuant to subsection (c) of this section shall devote their full time and attention to their board duties. Members of the Parole Board as of the effective date of this section shall be eligible for reappointment at the discretion of the secretary.

(e) (f) The Governor may, if he or she is informed that a vacancy is imminent, appoint a member to fill the imminent vacancy prior to it becoming vacant: Provided, That the new member may be appointed no more than 30 days prior to the vacancy occurring and only for purposes of training. He or she may not assume the powers and duties of the position until the vacancy has actually occurred.

(f) (g) The Governor may appoint no more than five persons to a list of substitute board members, and these substitute members shall serve at the will and pleasure of the Governor. Substitute board members shall meet the qualifications set forth in subsection (d) of this section. The persons on the list shall be used in a rotating fashion. If a full-time board member is unable to serve, a substitute board member may serve in his or her place. These substitute board members shall have the same powers and duties of the fulltime board members while acting as a substitute. These members shall be reimbursed for expenses and paid a per diem rate set by the secretary.

(g) (h) The Division of Corrections and Rehabilitation shall provide administrative and other services to the board as the board requires. Expenses of the board shall be included within the annual budget of the Division of Corrections and Rehabilitation: Provided, That the salaries of the members appointed pursuant to subsection (b) (c) of this section are to be included in a separate budget for the Parole Board.

(i)  Notwithstanding any other provisions of this code to the contrary, the meetings of the Parole Board are not subject to the provisions of §6-9A-1 et seq. of this code: Provided, That  parole hearings shall be open to the public.

Adopted

Rejected