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West Virginia Legislature· HB 5067Signed

Relating to the powers and duties of the director of the Division of Administrative Services, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the West Virginia Legislature, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                   ENROLLED

            Committee Substitute
                         for

           House Bill 5067

                            BY DELEGATE AKERS
         [Passed March 10, 2026; in effect 90 days from

                         passage (June 8, 2026)]
    Enr CS for HB 5067

1 AN ACT to amend and reenact §15A-2-4 and §15A-9-3 of the Code of West Virginia, 1931, as

2   amended, relating to the powers and duties of the Division of Administrative Services;

3   clarifying that where federal grant programs are only open to law enforcement agencies,

4   the Director of the Division of Administrative Services may enter into an agreement with

5   such agencies within the Department of Homeland Security to facilitate the application for

6   and administration of such grants; repealing the provision authorizing the Deputy

7   Secretary of the Department of Homeland Security to hear certain appeals; and clarifying

8   that the Office of Administrative Hearings shall have jurisdiction to hear appeals from any

9   contested matter before a subcommittee of the Governor’s Committee on Crime,

10  Delinquency and Correction.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 2. DIVISION OF ADMINISTRATIVE SERVICES.

    §15A-2-4. Criminal justice and grant administration.

1   (a) The director shall:

2   (1) Carry out the specific duties imposed on the Governor’s Committee on Crime,

3 Delinquency, and Correction under the provisions of §15-9-1 et seq. of this code, §30-29-1 et seq.

4 of this code, and §62-11C-1 et seq. of this code;

5   (2) Maintain appropriate liaison with federal, state, and local agencies and units of

6 government, or combinations thereof, in order that all programs, projects, and activities for

7 strengthening and improving law enforcement, public safety, and the administration of criminal

8 justice may function effectively at all levels of government;

9   (3) Seek sources of federal grant assistance programs that may benefit the state when

10 authorized by the Governor and manage the dispersal of those funds through grant contracts to

11 subgrantees in a manner consistent with state and federal law and with sound and accountable

12 management practices for the efficient and effective use of public funds;

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13  (4) Seek sources of program or grant assistance from foundations, corporations, and

14 organizations which funding is consistent with its responsibilities and the purposes assigned to

15 the director, the Governor’s Committee on Crime, Delinquency, and Correction, and any of its

16 subcommittees; and

17  (5) Serve as the Executive Director of the Governor’s Committee on Crime, Delinquency,

18 and Correction and its subcommittees: Provided, That notwithstanding any provision of this code

19 or a rule promulgated thereunder to the contrary, appeals to the Governor’s Committee on Crime,

20 Delinquency, and Correction from an individual who has been denied entry into an entry level law-

21 enforcement certification program, a trainee who has not been allowed to continue in the entry

22 level law-enforcement training process, an officer who has made application for his or her law-

23 enforcement certification to be reactivated and that application has been denied, or an officer or

24 individual whose law-enforcement certification as a law enforcement officer or as an instructor

25 has been denied, suspended, or decertified, pursuant to a final decision of the Law-Enforcement

26 Professional Standards Subcommittee established by §30-29-2 of this code, shall be heard by

27 the Office of Administrative Hearings established in §15A-9-1 et seq. of this code.

28  (b) In discharging these duties, the director may:

29  (1) Work to bridge gaps between federal, state, and local units of government, as well as

30 private/nonprofit organizations and the general public;

31  (2) Provide staff assistance in the coordination of all facets of the criminal and juvenile

32 justice systems on behalf of the Governor’s Committee on Crime, Delinquency, and Correction,

33 including, but not limited to, law enforcement, jails, corrections, community corrections, juvenile

34 justice, sexual assault forensic examinations, and victim services;

35  (3) Acquire criminal justice resources and coordinate the allocation of these resources to

36 state, local, and not-for-profit agencies;

37  (4) Maintain a web-based database for all community corrections programs;

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38  (5) Collect, compile, and analyze crime and justice data in the state, generating statistical

39 and analytical products for criminal justice professionals and policy makers to establish a basis

40 for sound policy and practical considerations for the criminal justice system, make such

41 recommendations for system improvement as may be warranted by such research, and contract

42 with other persons, firms, corporations, or organizations to assist in these responsibilities;

43  (6) Receive and disburse federal and state grants and funding received from foundations,

44 corporations, or other entities; and

45  (7) Enter into agreements with law enforcement agencies within the Department of

46 Homeland Security, including the West Virginia State Police, to facilitate the application for and

47 administration of federal grants that are exclusively open to law enforcement agencies or are only

48 open to entities invited by the federal grant program.

49  (c) Nothing in this article authorizes the division to undertake direct operational

50 responsibilities in law enforcement or the administration of criminal justice.

51  (d) The director shall propose legislative rules for legislative approval pursuant to §29A-3-

52 1 et seq. of this code which may be necessary to fulfill the functions and responsibilities of this

53 article and the Governor’s Committee on Crime, Delinquency, and Correction. All legislative rules

54 and policies of the former Division of Justice and Community Services shall be transferred to the

55 Division of Administrative Services and remain effective until amended or terminated pursuant to

56 §29A-3-1 et seq. of this code by the Division of Administrative Services: Provided, That these

57 rules shall expire on July 1, 2022, if not superseded sooner.

    ARTICLE 9. OFFICE OF ADMINISTRATIVE HEARINGS.

    §15A-9-3. Jurisdiction of Office of Administrative Hearings.

1   Notwithstanding any provision of this code to the contrary, the Office of Administrative

2 Hearings has jurisdiction to hear and determine all:

3   (1) Level one grievance proceedings for all divisions of the department, except for the

4 State Police;

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5   (2) Appeals from decisions or orders of the State Fire Commission, except as otherwise

6 provided in §15A-10-9(b) of this code;

7   (3) Appeals from decisions or orders of any of the subcommittees of the Governor’s

8 Committee on Crime, Delinquency and Correction;

9   (4) Other matters for which a hearing examiner is necessary within the department or any

10 division of the department; and

11  (5) Other matters which may be conferred upon the office by statute or legislatively

12 approved rules.

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              The Clerk of the House of Delegates and the Clerk of the Senate hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

              Clerk of the House of Delegates
                           ...............................................................
                                        Clerk of the Senate

         Originated in the House of Delegates.
         In effect 90 days from passage.

                                       ...............................................................
                                          Speaker of the House of Delegates
                                                           ...............................................................
                                                                     President of the Senate
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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