West Virginia Code § 30-1-10

Disposition of money fines; legislative audit; review of board's fee
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structure.
(a) The secretary of every board referred to in this chapter shall receive and account for all
money which it derives pursuant to the provisions of this chapter which are applicable to it.
With the exception of money received as fines, each board shall pay all money which is
collected into a separate special fund of the State Treasury which has been eestablished for
each board. This money shall be used exclusively by each board for purposes of
administration and enforcement of its duties pursuant to this chapter. Arny money received
as fines shall be deposited into the General Revenue Fund of the State Treasury. When the
special fund of any board accumulates to an amount which exceeds twice the annual budget
of the board or $10,000, whichever is greater, the State Treasurer shall:
(1) Transfer the excess amount to the state General Revenue Fund; and
(2) Notify the Legislative Auditor that the transfer has been made.
(b) (1) Every licensing board which is authorizsed by the provisions of this chapter shall be
subject to audit by the office of the Legislative Auditor.
(2) Within a reasonable time after the State Treasurer notifies the Legislative Auditor of a
transfer required to be made under this section, the Legislative Auditor shall conduct a
review of the fee structure of the applicable board to determine if the amount of the board's
fees generate excessive revenue, when compared to the board's normal expenses. If the
Legislative Auditor finds that excess revenue is generated, he or she shall report his or her
findings to the Legislature's Joint Standing Committee on Government Organization, along
with recommendations on how the fees can be adjusted to generate only the amount the
board reasonably needs to operate under this chapter.

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