§4-10-12. Termination of an


Published: 2015

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WEST VIRGINIA CODE











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WVC 4 - 10 - 12

§4-10-12. Termination of an agency or regulatory board;

reestablishment of terminated agency or regulatory

board.

(a) If the Legislature terminates an agency or regulatory

board, then the agency or regulatory board shall continue in

existence until the first day of July of the next succeeding year

for the purpose of winding up its affairs. Upon the expiration of

one year after termination, the agency or regulatory board shall

cease all activities.

(b) During the wind-up year, the impending termination may not

reduce nor otherwise limit the powers or authority of that

terminated agency or regulatory board.

(c) An agency that has been terminated pursuant to the

provisions of this article may be reestablished by the Legislature.

If the agency is reestablished by the Legislature during the

wind-up year with substantially the same powers, duties or

functions, then the agency is considered continued.

(d) If a regulatory board is reestablished by the Legislature

during the wind-up year with substantially the same powers, duties

or functions, then the regulatory board is considered continued.

If a regulatory board is not reestablished by the Legislature

during the wind-up year, then the regulatory board is considered

terminated and the profession or occupation must apply for

regulation through the sunrise process, under the provisions of

this code, to be reestablished.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.