(a) There is hereby created a joint commission of the Legislature known as the Legislative Oversight commission on education accountability to review all legislative rules of the board and such other rules as the commission deems appropriate. The commission shall be composed of six members of the Senate appointed by the President of the Senate and six members of the House of Delegates appointed by the Speaker of the House of Delegates. No more than five of the six members appointed by the President of the Senate and the Speaker of the House of Delegates, respectively, may be members of the same political party. In addition, the President of the Senate and the Speaker of the House of Delegates shall be ex officio nonvoting members of the commission and shall designate the cochairmen. At least one of the Senate members and one of the House members shall be members of the committee on education of the Senate and House, respectively, and at least one of the Senate members and at least one of the House members shall be a member of the committee on finance of the Senate and House, respectively. The members shall serve until their successors shall have been appointed as heretofore provided. Members of the commission shall receive such compensation and expenses as provided in article two-a, chapter four of this code. Such expenses and all other expenses including those incurred in the employment of legal, technical, investigative, clerical, stenographic, advisory and other personnel shall be paid from an appropriation to be made expressly for the Legislative Oversight commission on education accountability, but if no such appropriation be made, such expenses shall be paid from the appropriation under "Account No. 103 for Joint Expenses", but no expense of any kind whatever payable under said account for joint expenses shall be incurred unless first approved by the Joint Committee on Government and Finance. The commission shall meet at any time both during sessions of the Legislature and in the interim.
(b) The commission may adopt such rules of procedure as it considers necessary for the submission, presentation and consideration of rules.
Structure West Virginia Code
Chapter 29A. State Administrative Procedures Act
Article 3A. Higher Education Rule Making
§29A-3A-2. Rules to Be Promulgated Only in Accordance With This Article
§29A-3A-3. Limitations on Authority to Exercise Rule-Making Power
§29A-3A-4. Rules of Procedure Required
§29A-3A-5. Filing of Proposed Procedural Rules and Interpretive Rules
§29A-3A-6. Notice of Proposed Rule Making
§29A-3A-9. Adoption of Procedural and Interpretive Rules
§29A-3A-10. Proposal of Legislative Rules
§29A-3A-11. Creation of a Legislative Oversight Commission on Education Accountability
§29A-3A-11a. Additional Powers and Duties; Subpoena Powers
§29A-3A-13. Submission of Legislative Rules to Legislature
§29A-3A-14. Adoption of Legislative Rules; Effective Date
§29A-3A-15. Withdrawal or Modification of Proposed Rules
§29A-3A-16. Emergency Legislative Rules; Procedure for Promulgation; Definition
§29A-3A-16a. Disapproval of Emergency Rules by the Secretary of State; Judicial Review