                                 CODE OF VIRGINIA

ASSUMPTION OF DUTIES BY JOINT LEGISLATIVE AUDIT AND REVIEW COMMISSION UPON
FAILURE OF AUDITOR TO PERFORM; PROCEDURE (§ 30-142)

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.

HISTORY: 1979, c. 441, § 2.1-155.2; 2001, c. 844.