Committee Substitute
House Bill 4198 History
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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE
for
H. B. 4198
(By Delegates Ross and Barker)
[Originating in the Committee on Government Organization]
(February 9, 2010)
A BILL to amend and reenact §22C-7-3 of the Code of West Virginia,
1931, as amended, relating to extending the expired term of a
member
the Oil and Gas Inspectors' Examining Board until the
member's successor is appointed and qualified.
Be it enacted by the Legislature of West Virginia:
That §22C-7-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. OIL AND GAS INSPECTORS' EXAMINING BOARD.
§22C-7-3. Oil and gas inspectors' examining board created;
composition; appointment, term and compensation of
members; meetings; powers and duties generally.
(a)(1)(A) There is hereby continued an Oil and Gas Inspectors'
Examining Board consisting of five members, two of whom shall be ex
officio members and three of whom shall be appointed by the
Governor, by and with the advice and consent of the Senate.
(B) Appointed members may be removed only for the same causes and in like manner as elective state officers elected public
officials.
(C) One member of the board shall be the representative of
(i) represent
the public at large; and shall (ii) be a person who
is knowledgeable about the subject matter of this article; and has
(iii) have no direct financial interest in oil and gas production
other than the receipt of royalty payments which do not exceed ten
percent of his or her annual income; and who (iv) by reason of
previous training or experience, may reasonably be said to
represent the viewpoint of surface owners or environmental
organizations;
.: Provided, That the public member serving on the
board on January 1, 2001, shall remain on the board until the
expiration of his or her term and is also eligible for
reappointment.
(D) One member shall, be a person who by reason of previous
training and experience, may reasonably be said to represent the
viewpoint of independent oil and gas operators.
(E) One member shall, be a person who by reason of previous
training and experience, may reasonably be said to represent the
viewpoint of major oil and gas producers.
(2) The chief of the Office of Oil and Gas of the Division
Department of Environmental Protection and the chief of the Office
of Water Resources of the Division Department of Environmental
Protection or their designees shall be ex officio members.
(3) The appointed members of the board shall be are appointed
for overlapping terms of six years, except that the original appointments shall be for terms of two, four and six years,
respectively in accordance with prior enactments of this article.
Any member whose term expires may be reappointed by the Governor.
Each member appointed by the Governor may serve until his or her
successor has been appointed and qualified.
(4) The board shall pay Each member is entitled to the same
compensation and expense reimbursement as is paid to members of the
Legislature for their interim duties as recommended by the citizens
legislative compensation commission and authorized by law for each
day or portion thereof engaged in the actual discharge of official
duties.
(5) The chief of the Office of Oil and Gas or the chief's
designee serving pursuant to subdivision (2) of this subsection
shall serve as chair of the board: Provided, That for any level
three one grievance proceeding the chief or the chief's designee
may not serve as a chair or vote. The board shall elect a
secretary from its members.
(6) Members of the board, before performing any duty, shall
take and subscribe to the oath required by section five, article IV
of the Constitution of West Virginia.
(7) The board shall meet at such times and places as shall be
designated by the chair. It is the duty of The chair to shall call
a meeting of the board on the written request of two members. The
Secretary shall give notice of each meeting shall be given in
writing to each member by the secretary at least five days in
advance of the each meeting. A majority of members is serving on the board constitutes a quorum for the transaction of business.
(b) In addition to other powers and duties expressly set forth
elsewhere in this article, The board shall:
(1) Establish, and from time to time revise, forms of
application for employment as an oil and gas inspector and
supervising inspector, which shall include the applicant's social
security number, and forms for written examinations to test the
qualifications of candidates, with such distinctions, if any, in
the forms for oil and gas inspector and supervising inspector as
the board may from time to time deem necessary or advisable;
(2) Adopt and promulgate reasonable rules Propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code, relating to the
examination, qualification and certification of candidates for
appointment, and relating to hearings for removal of inspectors or
the supervising inspector, required to be held by this article.
All of such rules shall be printed and a copy thereof furnished by
the secretary of the board to any person upon request;
(3) Conduct, after public notice of the time and place
thereof, examinations of candidates for appointment. The board
may, by unanimous agreement of all members of the board, designate
one or more members of the board or an employee of the Division
Department of Environmental Protection may be designated to give to
a candidate to administer the written portion of the examination;
(4) Prepare and certify to the Director Secretary of the
Division Department of Environmental Protection a register of qualified eligible candidates for appointment as oil and gas
inspectors or as supervising inspectors, with such differentiation,
if any, between the certification of candidates for oil and gas
inspectors and for supervising inspectors as the board may from
time to time consider necessary or advisable. The register shall
list all qualified eligible candidates in the order of their
grades, with the candidate with scoring the highest grade appearing
at the top of the list. After each meeting of the board held to
examine such candidates, and at least annually, the board shall
prepare and submit to the Director Secretary of the Division
Department of Environmental Protection a revised and corrected
register of qualified eligible candidates for appointment, deleting
from such revised register all persons: (a) all persons who:
(A)
Are no longer residents of West Virginia;
(b) (B) who Have allowed a calendar year to expire without, in
writing, indicating in writing their continued availability for
such the appointment;
(c) who (C) Have been passed over for appointment not been
appointed for three years; or
(d) who (D) Have become ineligible for appointment since the
board originally certified that such persons were qualified and
eligible for appointment; or (e) who, in the judgment of at least
three members of the board, should be removed from the register for
good cause;
(5) Cause the secretary of the board to keep and preserve the
written examination papers, manuscripts, grading sheets and other papers of all applicants for appointment, and specimens of the
examinations given, together with the correct solution of each
question,
for such a period of time as may be established by the
board; Specimens of the examinations given, together with the
correct solution of each question, shall be preserved permanently
by the secretary of the board;
(6) Issue a letter or written notice of qualification to each
successful eligible candidate;
(7) Hear and determine proceedings for the suspension,
dismissal or other discipline of inspectors or the supervising
inspector in accordance with the provisions of this article;
(8) Make an annual report to the Governor concerning the of
its administration of oil and gas inspection personnel in the
state, service; making such and any recommendations as the board
considers to be in the public interest; and
(9) Render such advice and assistance to the Director
Secretary of the Division Department of Environmental Protection as
the director shall from time to time determine he or she determines
necessary or desirable in the performance of such his or her duties
under this article.
NOTE: The purpose of this bill is to extend the expired term
of a member of the Oil and Gas Inspectors' Examining Board until
such time as the member's successor is appointed and qualified.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.