Senate Bill No. 664
(By Senator Kessler)
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[Introduced February 23, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §9-2-6 of the code of West Virginia,
1931, as amended, relating to subpoena power for 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 secretary.
Within limits of state appropriations and federal grants and
subject to provisions of state and federal laws and
regulations
rules, 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 assistance consistent with or permitted by
federal laws, rules and regulations, but not inconsistent with
state law:
Provided, That
such the 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
of the department. 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 secretary 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) (7) Pay from available funds all or part of the reasonable
expenses incurred by a person newly employed by the department in
moving his
or her household furniture, effects and immediate family
from his
or her place of residence in this state to his
or her
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
or her 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 that 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 secretary and as may be required by
federal laws, rules and regulations respecting state assistance,
federal-state assistance and federal assistance.
such The board of
review to have
such powers of a review nature and
such any
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 to 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 the 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 the 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 Promulgate, amend,
revise and rescind department rules, consistent with requirements
of applicable federal laws, rules and regulations, application
forms and application procedures for the various classes of
welfare
public assistance.
(14) (13) Provide locations for making applications for the
various classes of
welfare public 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 public assistance.
(16) (15) Delegate to the personnel of the department all
powers and duties vested in the
commissioner secretary, except the
power and authority to sign contracts and agreements, but the
commissioner secretary shall remain responsible therefor.
(17) (16) Make
such reports, in
such a 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.
NOTE: The purpose of this bill is to provide subpoena power
to the board of review in the department of health and human
resources; and to correct titles and terminology within the
section.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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