§4-10-1. Short Title
This article shall be known as and may be cited as the West Virginia Performance Review Act.
§4-10-10. Regulatory Board Review Schedule
(a) A regulatory board review is required for all regulatory boards. (b) A regulatory board review shall be performed on each regulatory board at least once every 12 years, commencing as follows: (1) 2017: Board of Accountancy; Board of Respiratory Care Practitioners; and Board of Social Work Examiners.
§4-10-11. Compliance Review
(a) After an agency review or a regulatory board review, if the committee or the joint standing committee finds that an agency or a regulatory board needs further review, then the committee or the joint standing committee may request a compliance review. (b) If the committee or the joint standing committee requests a compliance review […]
§4-10-12. Termination of an Agency or Regulatory Board; Reestablishment of Terminated Agency or Regulatory Board
(a) If the Legislature terminates an agency or regulatory board, then the agency or regulatory board shall continue in existence until July 1, of the next succeeding year for the purpose of winding up its affairs. Upon the expiration of one year after termination, the agency or regulatory board shall cease all activities. (b) During […]
§4-10-13. Disposition of Agency or Regulatory Board Assets, Equipment and Records After Termination
(a) On or before June 30 of the wind-up year, the terminated agency or regulatory board shall file a written statement with the Secretary of the Department of Administration and the division describing the disposition of its funds, assets, equipment and records. (b) The division shall review the statement of the terminated agency or regulatory […]
§4-10-14. Provision for Other Reviews; Consolidation, Termination and Reorganization of Agencies or Programs
(a) The specifications of schedules for, and the scope of, agency and regulatory board reviews in this article shall not preclude a legislative review or reevaluation of any agency or program at other times. The joint standing committee may request a review of the performance, purpose, efficiency and effectiveness of any agency or program any […]
§4-10-2. Legislative Findings; Performance Review Process Authorized
(a) The Legislature finds that: (1) State government has created many state agencies without sufficient Legislative Oversight, regulatory accountability or an effective system of checks and balances;
§4-10-3. Definitions
As used in this article, unless the context clearly indicates a different meaning: (a) “Agency” or “state agency” means a state governmental entity, including any bureau, department, division, commission, agency, committee, office, board, authority, subdivision, program, council, advisory body, cabinet, panel, system, task force, fund, compact, institution, survey, position, coalition or other entity in the […]
§4-10-4. Joint Committee on Government Operations
(a) The Joint Committee on Government Operations created by prior enactment of this article is hereby continued. (b) The committee is composed of fifteen members as follows: (1) Five members of the Senate, to be appointed by the President, with no more than three being from the same political party;
§4-10-5. Powers and Duties of the Committee and Joint Standing Committee
(a) To carry out the duties set forth in this article, the committee or the joint standing committee, any authorized employee of the committee, the joint standing committee, the Legislative Auditor or any employee of the division working at the direction of the committee or the joint standing committee, shall have access, including copying, to […]
§4-10-6. Department Presentation; Timing and Scope
(a) During the calendar year in which a department is scheduled for an agency review pursuant to section eight of this article, and upon notification from the joint standing committee or the division, the department shall prepare and present a department presentation to the joint standing committee and the committee. The purpose of the presentation […]
§4-10-7. Agency Review
(a) The committee and the joint standing committee shall conduct agency reviews, or authorize the division to conduct agency reviews as one of its duties in addition to its other duties prescribed by law, in accordance with generally accepted government auditing standards (GAGAS) as promulgated by the U.S. Government Accountability Office, on one or more […]
§4-10-8. Schedule of Departments for Agency Review
(a) Each department shall make a presentation, pursuant to the provisions of this article, to the joint standing committee and the committee during the first interim meeting after the regular session of the year in which the department is to be reviewed pursuant to the schedule set forth in subsection (b) of this section. (b) […]
§4-10-9. Regulatory Board Review
(a) The committee and the joint standing committee shall conduct regulatory board reviews, or authorize the division to conduct regulatory board reviews as one of its duties in addition to its other duties prescribed by law, in accordance with generally accepted government auditing standards (GAGAS) as promulgated by the U.S. Government Accountability Office, on each […]