Date Requested: February 19, 2015
Time Requested: 03:29 PM
Agency: Transportation, Department of
CBD Number: Version: Bill Number: Resolution Number:
3060 Introduced SB538
CBD Subject: Motor Vehicles



Sources of Revenue:

Other Fund State Road Fund

Legislation creates:

Neither Program nor Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    While a prospect exists that modest intergovernmental transfers between the Office of Administrative Hearings (OAH) and the Attorney General's Office may result from the agency's possible need for representation in appeals of OAH decisions, there will be no impact in relation to costs and revenues of State government. The agency's operations as an administrative tribunal, adjudicating contested revocation orders issued by DMV are governed by the provisions of the W.Va. Code under Chapter 29A.
    Article 5, Section 4 of Chapter 29A provides that agencies that render decisions are parties to appeals of their orders. In a past legislative session, the agency proposed legislation that was enacted into law that modified the provisions of Chapter 17C, Article 5C (the statute that created OAH and defined its operations) to provide the agency would be excluded as a party in appeals of its decisions in spite of the provisions under Chapter 29A that provide agencies that issue orders are parties to appeals of their orders. This proposal, therefore, seeks only to re-establish the law as it had originally been. No other proposals under the Bill would have any impact in relation to costs and revenues of State government.

Fiscal Note Detail

Effect of Proposal Fiscal Year
Fiscal Year
(Upon Full
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0

Explanation of above estimates (including long-range effect):

    Not applicable


    The proposed bill does not include any provisions that result in revenues or costs beyond the prospect of modest intergovernmental transfers as explained above.

    Person submitting Fiscal Note: John G. Hackney, Jr., Director, OAH
    Email Address: