Current through Register Vol. XLI, No. 36, September 6, 2024
Section 153-6-8 - Filing proposed amendments to an existing series8.1. Filing a notice of public comment period. 8.1.1. The agency shall file the full text of all sections of the existing rule regardless of the amount of proposed changes. The notice of public comment period must be included. 8.1.1.a. Comment periods shall be not less than thirty nor more than sixty days. (See W. Va. Code § 29A-3-7). Filing on a legislative rule deadline day limits the comment period to thirty days. Time constraints should be considered.8.1.1.b. The included notice shall fix a date, time and place for the receipt of public comment by written and/or oral statements.8.1.2. All language to be deleted shall be stricken through, but clearly legible. All the language to be added shall be underlined.8.1.3. Amendments shall not change the series number of the existing rule unless the change has been approved by the Secretary of State.8.2. Filing of agency approved legislative rules following a public comment period. 8.2.1. An agency must file an agency approved rule with both the Secretary of State and LRMRC within ninety (90) days following the close of the comment period. If notice of public comment period was filed on the deadline day, the agency approved rule must be filed on the thirtieth day after. When the filing is approved in the Secretary of State's eRule application, LRMRC receives a notification and an electronic copy of the rule including all attached documents. They may choose to accept this as the required filing.8.2.1.a. If no change has been made to the rule as a result of comments received, the agency shall file with the Secretary of State the notice of agency approval, full text of the rule as finally approved by the agency with changes underlined and struck-through, a copy of all comments received and/or hearing transcript and a response to all of the comments. An agency may consolidate substantially similar comments and responses in the interest of efficiency.8.2.1.b. If changes have been made as a result of comments received, the agency shall file with the Secretary of State, the notice of agency approval, and full text of the proposed rule with all changes, including those based on comment, underlined and struck-through, as if the previous filing had not occurred. The agency shall also file a summary of changes made as a result of comments received, a copy of all comments received and/or hearing transcript, and a copy of responses to all comments. An agency may consolidate substantially similar comments and responses in the interest of efficiency.8.3. Final filing legislative exempt, procedural and interpretive agency adopted rules following public comment period.8.3.1. For those legislative exempt, procedural or interpretive rules filed as agency adopted rules when no change has been made to the rule filed for public comment period, the agency shall file with the Secretary of State a notice of agency adoption, a copy of all comments, responses to comments and full text of the rule. The rule shall be a clean copy with all changes made, and strike throughs and underlines removed. An agency may consolidate substantially similar comments and responses in the interest of efficiency.8.3.2. If changes have been made, the agency may amend the rule without further public comment provided the amendment does not change the main purpose of the rule. The agency shall file with the Secretary of State a notice of agency adoption, a copy of all comments, responses to comments, a summary of any changes made based on comments and full text of the rule. The rule shall be a clean copy with all changes made, and strike throughs and underlines removed. An agency may consolidate substantially similar comments and responses in the interest of efficiency.8.3.3. The agency must adopt or withdraw the rule not later than six months after the close of the public comment period. Failure to file a notice constitutes withdrawal.8.3.4. The agency shall specify an effective date for the rule of at least thirty days after the final filing.8.4. Filing a technical amendment to a current rule.8.4.1. A purely technical amendment to a current rule, including correcting addresses, phone numbers, punctuation, spelling, code citations or internal citations, numbering, grammatical errors or changes to language to standardize rule generally without affecting the content of any rule, may file the corrected rule with the Secretary of State's office without the full Legislative process.8.4.2. The filing shall include a notice of technical amendment to a current rule, a detailed summary of the changes made and every occurrence of changes in the rule in lieu of strike throughs and underlines, and a clean copy of the full text of the rule including the changes.8.4.3. The corrected rule will show a new filing date. 8.4.3.a. The language in 1.3., filing date, of the corrected rule shall be changed to "Technical amendment filed (list the date of filing in the eRules application).8.4.4. The original effective date of the rule shall not be changed.8.5. Filing of modifications to legislative rules due to LRMRC recommendations.8.5.1. The agency shall refile with the Secretary of State and LRMRC the entire rule series with the modifications included. 8.5.1.a. If it is an amendment to an existing rule, it shall contain strike-throughs and underlines.8.5.1.b. If it is a new rule, it shall contain underlines.8.5.2. This filing shall be within ten (10) days of the date of the LRMRC meeting of which the modifications were approved, unless otherwise specified.8.5.3. When the filing is approved in the Secretary of State's eRules application, LRMRC receives a notification and an electronic copy of the rule with all attached documents. They may choose to accept this as the required filing.8.6. Final filing of legislative rules authorized by the legislature. 8.6.1. The agency shall file with the Secretary of State the notice of agency adoption of a legislative rule, after the bill granting legislative approval for the promulgation of the rule is signed by the governor, but not to exceed sixty days after the effective date of the bill.8.6.2. The agency shall promulgate the rule as authorized by the Legislature.8.6.3. The agency shall file a clean copy of the rule, incorporating any changes made by the Legislature with strike throughs and underlines removed, with the notice.8.6.4. The rule shall become effective upon filing in the State Register, or on the effective date fixed by the authorizing act, or a date not to exceed ninety days, as fixed by the agency.