Statutes, codes, and regulations
West Virginia Administrative Code
Agency 153 - Secretary Of StateTitle 153 - LEGISLATIVE RULE SECRETARY OF STATE
Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register
Section 153-6-13 - Documents to be included when filing a rule with the Secretary of State

W. Va. Code R. § 153-6-13

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Current through Register Vol. XLI, No. 36, September 6, 2024
Section 153-6-13 - Documents to be included when filing a rule with the Secretary of State
13.1. When an agency files a legislative, legislative exempt, procedural or interpretive rule for public comment period, the following documents must be included:
13.1.1. The document that populates in the Secretary of State's eRules application when proposed rule is uploaded to the "notice" field. This document is the Notice of a Public Comment Period on a Proposed Rule. It fixes a date, time and place for the receipt of public comment in the form of oral statements and/or written statements and prompts the agency for the required information about the rule filing found in W. Va. Code § 29A-3-5.
13.1.2. Full text of the rule.
13.1.3. Any relevant federal statutes or regulations.
13.1.4. Any document being incorporated by reference in the rule.
13.2. When an agency files a legislative rule as an agency approved rule, the following documents must be included:
13.2.1. The document that populates in the Secretary of State's eRules application when proposed rule is uploaded to the "agency approved" field. This document is the Notice of Agency Approval of a Proposed Rule and Filing with the Legislative Rule-Making Review Committee. It prompts the agency for the required information about the rule filing found in W. Va. Code § 29A-3-11.
13.2.2. Full text of the rule as finally approved by the agency.
13.2.3. All public comments received and transcript of any hearing, if applicable.
13.2.4. All responses by the agency to the comments received including whether or not changes were made to the rule as a result.
13.2.5. Any other information which the committee may request or which may be required by law.
13.3. When an agency files a modified rule following review by LRMRC, the following documents must be included:
13.3.1. The document that populates in the Secretary of State's eRule application when proposed rule is uploaded to the "modified file" field. This document is the Notice of Rule Modification of a Proposed Rule.
13.3.2. Full text of the rule including any modifications recommended by LRMRC.
13.4. When an agency final files the agency adoption of a legislative exempt, procedural or interpretive rule, the following documents must be included:
13.4.1. The document that populates in the Secretary of State's eRule application when proposed rule is uploaded to the "final file" field. This document is the Notice of Agency Adoption of a Procedural, Interpretive or Legislative Exempt Rule.
13.4.2. Full text of the rule, including any amendment.
13.4.3. All public comments received and transcript of any hearing, if applicable.
13.4.4. All responses by the agency to the comments received including whether or not changes were made to the rule as a result.
13.5. When an agency final files a legislative rule following approval by the Legislature and Governor's signature on the authorizing bill, the following documents must be included:
13.5.1. The document that populates in the Secretary of State's eRule application when proposed rule is uploaded to the "final file" field. This document is the Notice of Final Filing and Adoption of a Legislative Rule Authorized by the West Virginia Legislature".
13.5.2. Full text of the rule including any changes, corrections or amendments made by the Legislature.
13.6. When an agency files a rule as an emergency rule or an emergency amendment, the following documents must be included:
13.6.1. The document that populates in the Secretary of State's eRule application when proposed rule is uploaded to the "emergency" or "emergency amendment" field. This document is the Notice of Emergency Rule or Notice of an Emergency Amendment. This prompts the agency for the required information about the rule filing found in W. Va. Code § 29A-3-15.
13.6.2. Full text of the rule.
13.6.3. A listing of state agencies, professions, businesses and other identifiable interest groups affected by the proposed emergency rule.

W. Va. Code R. § 153-6-13