W. Va. Code R. § 153-6-10

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-6-10 - Filing of emergency rules

10.1. Any agency with authority to propose legislative rules may find that an emergency exists requiring that an emergency rule be promulgated. (See W. Va. Code § 29A-3-15(5)(f)).

10.2. The agency shall file the full text of the emergency rule together with a statement of the facts and circumstances constituting the emergency and a listing of state agencies, professions, businesses and other identifiable interest groups affected by the proposed emergency rule, with the Secretary of State. If it is a Secretary of State rule, it shall be filed with the Attorney General's Office.

10.2.a. If it is an amendment to an existing rule, the filing shall contain strike-throughs and underlines.

10.2.b. If it is a new rule, it shall be noted on the accompanying documents, and may be underlined.

10.3. The emergency rule becomes effective upon the approval of the Secretary of State (or Attorney General as in 10.2. of this rule) or upon the forty-second day following the filing, whichever occurs first.

10.3.1. The agency shall state, with particularity, the circumstances constituting the emergency.

10.3.2. The agency shall file a copy of the emergency rule filing with LRMRC. Upon approval in the Secretary of State's eRules application, LRMRC is notified and receives an electronic copy of the rule with all attached documents. They may choose to accept this as the required filing.

10.4. An emergency rule is effective for not more than fifteen months and expires earlier if:

10.4.1. The Secretary of State (or Attorney General) disapproves the emergency rule pursuant to the guidelines in W. Va. Code § 29A-3-15(1).

10.4.2. The agency has not previously filed and fails to file a notice of public comment period on the proposed rule within thirty days of the rule being filed as an emergency rule.

10.4.3. The agency has not previously filed and fails to file the proposed rule as approved by the agency following the close of the public comment period with LRMRC within ninety days of the date the proposed rule was filed as an emergency rule.

10.4.4. The Legislature has authorized or directed promulgation of an authorized legislative rule dealing with substantially similar subject matter.

10.4.5. The Legislature has, by law, disapproved the emergency rule.

10.5. An amendment to an emergency rule shall be filed in the State Register and does not constitute a new emergency rule for the purpose of acquiring additional time or avoiding the expiration dates listed above.

10.6. Once an emergency rule expires, the agency may not refile the same or similar rule as an emergency rule.

10.7. LRMRC may review any emergency rule and may recommend to the agency, the Legislature or the Secretary of State any action it determines appropriate.

W. Va. Code R. § 153-6-10