30-142 - Assumption of duties by Joint Legislative Audit and Review Commission upon failure of Auditor to perform; procedure. - Virginia Statutes

§ 30-142. Assumption of duties by Joint Legislative Audit and ReviewCommission upon failure of Auditor to perform; procedure.

Whenever the General Assembly is not in session, the Joint Legislative Auditand Review Commission may perform any of the duties of the Auditor of PublicAccounts upon its determination that the Auditor is unable or unwilling toperform any of his duties by reason of incapacity, malfeasance in office,neglect of duty, conflict of interest, or criminal activity relating to theperformance of his duties. Such action shall, after notice to the Auditor ofPublic Accounts and an opportunity to be heard, require a three-fifths voteof all Commission members and shall be effective until the House ofDelegates, acting at the next regular or special session of the GeneralAssembly, determines whether to institute impeachment proceedings against theAuditor, as provided in Article IV, Section 17 of the Constitution ofVirginia or until the Joint Legislative Audit and Review Commission, by amajority vote of its membership, determines that the Auditor of PublicAccounts can resume the performance of his duties. Upon institution ofimpeachment proceedings by the House of Delegates, the Commission maycontinue to perform such duties until the conclusion of impeachmentproceedings.

(1979, c. 441, § 2.1-155.2; 2001, c. 844.)