HOUSE CONCURRENT RESOLUTION 46

(By Delegate Forsht)

February 17, 2023

Referred to the Committee on Government Organization then the Committee on Rules

Requesting the Joint Committee on Government and Finance study the current instances of rules enforcement and judication by the same organization and make recommendations for eliminating this practice.

Whereas, the separation of powers is a fundamental principal in both the United States Constitution and the West Virginia Constitution; and

Whereas, Judicial practices are an important consideration for both Enterprises and Citizens when moving to West Virginia; and

Whereas, Adjudication that is not readily accessible, because of its centralized location, often results in justice denied; and

Whereas how the state deals with citizen grievances has a major effect on citizen respect for government and compliance with regulations; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance study the code that allows the practice of enforcement and adjudication in the same organization; and make recommendations on code changes, how staff can be reassigned, as well as scheduling for or phasing in of organizational changes, and be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2024, on its findings, conclusions, and recommendations, together with information gathered by the task force; and be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft any necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.