The JLAC conducts several types of hearings: regular, informational and investigative. In addition, at times, a regular hearing includes an informational component.
A regular hearing consists of the JLAC considering new requests for Bureau of State (BSA) audits from members of the Legislature. Presently, the JLAC conducts regular hearings when the Legislature is in session. These hearings are generally noticed in the Senate and Assembly files far in advance of the hearing date.
Regular hearings typically begin with a briefing from the State Auditor on the status of audits in progress and the availability of BSA resources for new audits. Next, the JLAC reviews each request on its agenda in sign-in order. For each audit request, the requestor first makes a brief presentation, then the State Auditor describes the proposed scope of work and estimated cost, and, lastly, the potential auditee and the public at large are provided opportunities to comment on the request.
Informational hearing subjects vary and can include discussion of a recently released audit report and/or an auditee's response to issues raised in an earlier audit. They may also gather facts for a pending audit request. Informational hearings are conducted on an as-needed basis and may be included as part of a regular hearing.
Investigative hearings explore an issue area or subject of controversy and can encompass the issuance of subpoenas and administering of oaths.
In acting on an audit request during a regular hearing, the JLAC can take one of the following four actions: (1) approve the request; (2) deny the request; (3) retain the request for future consideration; or, (4) refer the request to another agency, if it is the more appropriate venue.
Since the JLAC is a joint committee of the Legislature, a quorum is established when four members are present from both the Assembly and the Senate. Similarly, an audit request is approved when it has received a minimum of four votes from each house.
Unlike other legislative committees, the JLAC's ability to amend an audit request during a hearing is limited. Substantive changes cannot be made to audit request when it is presented during a hearing to the JLAC. During the hearing, an audit request may only be amended if the amendment does not substantially effect the feasibility, scope or cost of the proposed audit. Should a requester or the JLAC wish to substantially amend a request, the requester or Chair may ask the committee to hold the request until the next committee hearing. At that time, the request will be heard again.
On average, once an audit is approved by the JLAC, it takes approximately six months for the State Auditor to conduct and complete her work. This is an average timeframe, as discretionary audits can be conducted in a more expedited manner should the JLAC require this of the State Auditor.