H. B. 4604
(By Delegates Amores, Fleischauer, Perdue,
Armstead, Webster and Brown)
[Introduced February 25, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §9-2-6 of the code of West Virginia,
1931, as amended, relating to the establishment of subpoena
power for the secretary and the board of review.
Be it enacted by the Legislature of West Virginia:
That §9-2-6 of the code of west Virginia, 1931, 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 secretary.
Within limits of state appropriations and federal grants and
subject to provisions of state and federal laws,
rules and
regulations, the
commissioner secretary, 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
secretary.
(2) Promulgate, amend, revise and rescind department rules
and
regulations respecting qualifications for receiving the different
classes of
welfare public 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
secretary.
(4) Sign and execute in the name of the state by the state
department of
health and human
services resources 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
health and human
services resources, through the
commissioner secretary, 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 the
public assistance 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) (6) Provide at department expense a program of continuing
professional, technical and specialized instruction for the
personnel of the department.
(8) (7) 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) (8) Establish and maintain such institutions as are
necessary for the temporary care, maintenance and training of
children and other persons.
(10) (9) 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) (10) Organize within the department a board of review,
consisting of a chairman appointed by the
commissioner secretary
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 secretary and as may be
required by federal laws
, rules and regulations respecting federal-
state assistance and federal assistance.
The chairman and any
member of the board of review shall have the power to subpoena
witnesses and documents, administer oaths and affirmations, and
examine witnesses under oath for the conduct of any hearing
conducted by the board of review. 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, the chairman or any member
of the board of review may apply to the circuit court of the county
in which compliance is sought for appropriate orders to compel
obedience with the provisions of this section.
(12) (11) Provide by rules and regulations such review and
appeal procedures within the department of
health and human
services resources 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 public 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 public assistance.
(13) (12) 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) (13) Provide locations for making applications for the
various classes of welfare assistance.
(15) (14) 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) (15) 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) (16) 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) (17) Invoke any legal, equitable or special remedies for
the enforcement of the provisions of this chapter.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.