Current through Register Vol. XLI, No. 36, September 6, 2024
Section 153-6-2 - Definitions2.1. "Agency" means any state board, commission, department, office or officer authorized by law to make rules or adjudicate contested cases, except those in the legislative or judicial branches (see W. Va. Code § 29A-1-2(a)).2.2. "Agency Approved" means every legislative rule proposed by an agency, which has completed the public comment period, is approved by the agency and submitted for Legislative review (see W. Va. Code § 29A-3-11(a)).2.3. "Agency Head" means the cabinet secretary or top administrator for any agency, board, department or rule-making entity who has the authority to grant or withhold written consent to the proposal of any rule on behalf of the agency. Without written consent, no proposal for a rule shall have any force or effect (see W. Va. Code § 5F-2-2(12) and (13)).2.4. "CSR" means West Virginia Code of State Rules.2.5. "Emergency" means any legislative rule filed by an agency finding that the rule must be effective before completing the full Legislative cycle, promulgated in accordance with W. Va. Code '29A-3-15, and promulgation is necessary for the immediate preservation of the public peace, health, safety or welfare is necessary to comply with a time limitation, established by W. Va. Code or by a federal statute or regulation or to prevent substantial harm to the public interest.2.6. "Interpretive" means every rule, adopted by an agency independently of any delegation of legislative power which is intended by the agency to provide information or guidance to the public regarding the agency's interpretations, policy or opinions upon the law enforced or administered by it, and which is not intended by the agency to be determinative of any issue affecting private rights, privileges or interests (see W. Va. Code § 29A-1-2(c)).2.7. "Legislative" means every rule, proposed by an agency pursuant to W. Va. Code '29A-3 et seq., which has no legal force or effect until promulgated by specific authorization of the legislature (see W. Va. Code § 29A-1-2(e)).2.8. "Legislative Exempt" means every rule promulgated by an agency or relating to a subject matter that is exempt from the rule-making provisions of W. Va. Code § 29A-3-1 et. seq. or any other section of the W. Va. Code (see W. Va. Code § 29A-1-2(d)).2.9. "LRMRC" means Legislative Rule-Making Review Committee. 2.10. "Modified" every rule that has been changed to incorporate suggested changes from the Legislative Rule Making Review Committee (LRMRC) with agreement of the agency.2.11. "Notice" means a filing for publication in the State Register submitted by an agency proposing to promulgate a rule that includes a request for the submission of evidence to be presented on any factual determinations or inquiries required by law to promulgate such rule (see W. Va. Code § 29A-3-5).2.12. "Procedural" means every rule which fixes rules of procedure, practice or evidence for dealings with or proceedings before an agency, including forms prescribed by the agency (see W. Va. Code § 29A-1-2(h)).2.13. "Proposed" means a legislative, interpretive or procedural rule which has not yet become effective (see W. Va. Code § 29A-1-2(i)).2.14. "Order" means the whole or any part of the final disposition, whether affirmative, negative, injunctive or declaratory in form, by any agency of any matter other than rulemaking (see W. Va. Code § 29A-1-2(f)).