H. B. 2825

(By Delegates Nichols, Michael, Bennett, Cann, Kominar and Prunty)
(Originating in the House Committee on Government Organization)
[February 28, 1995]

A BILL to amend and reenact section six, article two, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to granting subpoena powers to the commissioner of the division of human services for purposes of investigating acts subject to prosecution under chapter.

Be it enacted by the Legislature of West Virginia:
That section six, article two, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE OF COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.

§9-2-6. Powers of commissioner.

Within limits of state appropriations and federal grants and subject to provisions of state and federal laws and regulations, the commissioner, in addition to all other powers, duties and responsibilities granted and assigned to that office in this chapter and elsewhere by law, is authorized and empowered to:
(1) Promulgate, amend, revise and rescind department rules and regulations respecting the organization and government of the department and the execution and administration of those powers, duties and responsibilities granted and assigned by this chapter and elsewhere by law to the department and the commissioner.
(2) Promulgate, amend, revise and rescind department rules and regulations respecting qualifications for receiving the different classes of welfare assistance consistent with or permitted by federal laws, rules and regulations, but not inconsistent with state law: Provided, That such rules and regulations respecting qualifications shall permit the expenditure of state funds to pay for care rendered in any birthing center licensed under the provisions of article two-e, chapter sixteen of this code, by a licensed nurse midwife or midwife as this occupation is defined in section one, article fifteen, chapter thirty of this code, and which care is within the scope of duties for such licensed nurse midwife or midwife as permitted by the provisions of section seven, article fifteen of said chapter thirty.
(3) Obtain by purchase or lease such grounds, buildings, office or other space, equipment, facilities and services, as may be necessary for the execution and administration of those powers, duties and responsibilities granted and assigned by this chapter and elsewhere by law to the department and the commissioner.
(4) Sign and execute in the name of the state by the state department of human services any contract or agreement with the federal government or its agencies, other states, political subdivisions of this state, corporations, associations, partnerships or individuals.
(5) Establish such special funds as may be required by the Federal Social Security Act, as amended, or by any other act or acts of Congress, in order for this state to take full advantage of the benefits and provisions thereof relating to the federal-state assistance and federal assistance programs administered by the department, and to make payments into and disbursements out of any such special fund or funds in accordance with the requirements of the Federal Social Security Act, as amended, or any other act or acts of Congress, and in accordance with applicable state law and the objects and purposes of this chapter. In addition, the state department of human services, through the commissioner, is hereby authorized to accept any and all gifts or grants, whether in money, land, services, or materials, which gift or gifts, if in the form of moneys, shall be placed in a separate fund and expended solely for the purpose of welfare programs. No part of this special fund shall revert to the general revenue funds of this state. No expenses incurred pursuant to this special fund shall be a charge against the general funds of this state.
(6) Establish, in addition to the state advisory board and advisory council provided for in this chapter, such county advisory boards as may in his judgment be necessary or desirable to advise the department and the commissioner with respect to the total welfare assistance program administered by the department or any phase thereof, such additional board or boards to consist of such number of persons, professional, lay, or both, and to have such responsibilities of an advisory nature, as the commissioner may determine. However, (1) the members of any such additional board or boards shall not be compensated for their services but shall be entitled to reimbursement for actual expenses incurred in the performance of their duties as a member of any such board; and (2) the members of any such additional board or boards shall serve at the will and pleasure of the commissioner.
(7) Provide at department expense a program of continuing professional, technical and specialized instruction for the personnel of the department.
(8) Pay from available funds all or part of the reasonable expenses incurred by a person newly employed by the department in moving his household furniture, effects and immediate family from his place of residence in this state to his place of employment in this state; and to pay from available funds all or part of the reasonable expenses incurred by a department employee in moving his household furniture, effects and immediate family as a result of a reassignment of the employee which is considered desirable, advantageous to and in the best interests of the state, but no part of the moving expenses of any one such employee shall be paid more frequently than once in twelve months or for any movement other than from one place of employment in this state to another place of employment in this state.
(9) Establish and maintain such institutions as are necessary for the temporary care, maintenance and training of children and other persons.
(10) Prepare and submit state plans which will meet the requirements of federal laws, rules and regulations governing federal-state assistance and federal assistance and which are not inconsistent with state law.
(11) Organize within the department a board of review, consisting of a chairman appointed by the commissioner and as many assistants or employees of the department as may be determined by the commissioner and as may be required by federal laws, rules and regulations respecting state assistance, federal-state assistance and federal assistance, such board of review to have such powers of a review nature and such additional powers as may be granted to it by the commissioner and as may be required by federal laws, rules and regulations respecting federal-state assistance and federal assistance.
(12) Provide by rules and regulations such review and appeal procedures within the department of human services as may be required by applicable federal laws, rules and regulations respecting state assistance, federal-state assistance and federal assistance and as will provide applicants for, and recipients of all, classes of welfare assistance an opportunity to be heard by the board of review, a member thereof, or individuals designated by said board, upon claims involving denial, reduction, closure, delay, or other action or inaction pertaining to welfare assistance.
(13) Provide by rules and regulations, consistent with requirements of applicable federal laws, rules and regulations, application forms and application procedures for the various classes of welfare assistance.
(14) Provide locations for making applications for the various classes of welfare assistance.
(15) Provide a citizen or group of citizens an opportunity to file objections and to be heard upon objections to the grant of any class of welfare assistance.
(16) Delegate to the personnel of the department all powers and duties vested in the commissioner, except the power and authority to sign contracts and agreements, but the commissioner shall remain responsible therefor.
(17) Make such reports, in such form and containing such information, as may be required by applicable federal laws, rules and regulations respecting federal-state assistance and federal assistance.
(18) Invoke any legal, equitable or special remedies for the enforcement of the provisions of this chapter.
(19) When the commissioner or an employee of the division designated by the commissioner has probable cause to believe that a person has engaged in an act or activity which is subject to prosecution under this chapter, to make an investigation to determine if the act has been committed and to issue subpoenas for witnesses and documents relevant to the investigation, including information concerning the existence, description, nature, custody, condition and location of any book, record, documents or other tangible thing and the identity and location of persons having knowledge of relevant facts or any matter reasonably calculated to lead to the discovery of admissible evidence: Provided, That the division shall not make public the name or identity of a person whose acts or conduct is investigated pursuant to this subdivision or the facts disclosed in such investigation except as the same may be used in any legal action or enforcement proceeding brought pursuant to this article or any other provision of this code. If documents necessary to an investigation of the division shall appear to be located outside the state, such documents shall be made available by the person or entity within the jurisdiction of the state having control over such documents either at a convenient location within the state or, upon payment of reasonable and necessary expenses to the division for transportation and inspection, at the place outside the state where such documents are maintained.
(20) Upon failure of a person to comply with a subpoena or subpoena duces tecum or failure of a person to give testimony without lawful excuse and upon reasonable notice to all persons affected thereby, to apply to the circuit court of the county in which compliance is sought for appropriate orders to compel obedience with the provisions of subdivision nineteen of this section.
NOTE: The purpose of this bill is to give the commissioner of the division of human services subpoena power.