Whenever the General Assembly is not in session, the Joint Legislative Audit and Review Commission may perform any of the duties of the Auditor of Public Accounts upon its determination that the Auditor is unable or unwilling to perform any of his duties by reason of incapacity, malfeasance in office, neglect of duty, conflict of interest, or criminal activity relating to the performance of his duties. Such action shall, after notice to the Auditor of Public Accounts and an opportunity to be heard, require a three-fifths vote of all Commission members and shall be effective until the House of Delegates, acting at the next regular or special session of the General Assembly, determines whether to institute impeachment proceedings against the Auditor, as provided in Article IV, Section 17 of the Constitution of Virginia or until the Joint Legislative Audit and Review Commission, by a majority vote of its membership, determines that the Auditor of Public Accounts can resume the performance of his duties. Upon institution of impeachment proceedings by the House of Delegates, the Commission may continue to perform such duties until the conclusion of impeachment proceedings.
1979, c. 441, § 2.1-155.2; 2001, c. 844.
Structure Code of Virginia
Chapter 14 - Auditor of Public Accounts
§ 30-130. Election, term and compensation; vacancy
§ 30-132. Employment of assistants; location of offices
§ 30-133. Duties and powers generally
§ 30-133.1. Additional certifications for public institutions of higher education
§ 30-133.2. Annual review of the collection and distribution of retail sales and use taxes
§ 30-135. Inspection of accounts and vouchers
§ 30-136. Power as to witnesses; perjury
§ 30-137. Devising system of bookkeeping and accounting for local offices; costs
§ 30-139. To whom Auditor to report defaults or irregularities