EST 

Published by the Office of the Secretary of State 

CONTENTS 

Volume XXV 

Issue 38 

I. Chronological Index 

II. Open Government Meetings Listing 

September 19,2008 ill. Price List 

Pages 1683 - 17 18 

A Weekly Publication 

IV. Rule Monitor 

V. Notices 

a. Legislative Rules 

b. interpretive Rules 

c. Procedural Rules 

Administrative Law Division d. Emergency Rules 

Judy Cooper, Manager 

Betty Ireland 

Secretary of State 

Administrative Law Division 

Bldg. 1, Suite 157K 

1900 Kanawha Blvd. E. 

Charleston, W 25305-0770 

e. Legislative Rule-Making Review Commieee 

VI. Legislative Interims 

VII. Orders 

VIll. Ethics Commission Opinions 

IX. Ofice of Tax Appeal Decisions 

X. Other Documents or Information Filed 

XI. Publication Deadlines and Publication Dates 
AGENCY 

Administration 

Affordable Housing Trust, W 

Air Quality 

Barbers and Cosmetologists, Board of 

Blue Ridge Community and Technical College 

Cabell-Huntington Board of Health 

City Hospital, Inc. 

Criminal Justice Services 

DEP 

Education 

Energy, W Division of 

Environmental Protection 

Fairmont State University 

Family Protection Services Board 

Forestry, Division of 

Health and Human Resources 

Health Care Authority 

Higher Education Policy Commission 

Highland Hospital Association 

Highland Hospital Bd. Of Trustees 

Hospital Finance Authority 

Housing Development Fund, W 

information Technology Council 

infrastructure & Jobs Development Council 

Insurance Commission 

Licensed Dietitians, W Board of 

LoMery 

Marshall Community & Technical College 

Medical Imaging & Radiation Therapy Technology Bd. Of Examiners 

Medicine 

Miners Health Safety Training 

Occupational Therapy, W Board of 

Osteopathic Medicine, W School of, Bd. Of Governors 

Personnel 

Pierpont Community & Technical College 

Professional Surveyors, Board of 

Public Defender Corp. for the 13" Judicial Circuit 

Public Defender Gorp., I lth Circuit 

Public Service Commission 

Public Works, WV Board of 

Real Estate Commission 

Region VIi Workforce Investment Board 

Rehabilitation Services, W Division of 

School Board Association School Bd. Member Training Standards Review Comm. (TSRC) 

School Building Authority of West Virginia 

Social Work Examiners, Board of 

Southern West Virginia Community & Technical College 

Statewide Independent Living Council 

Veterans Affairs 

West Virginia Norlhem Community College 

Purchase of Commodities and 

Services from the Handicapped, 

I Barbers and Cosmetologists, Board 1 911512008 

I Cabell-I-Iuntington Board of Health 

/ City Hospital, Inc. 911 512008 

1 

/ Law Enforcement Training (LET) I 

REAP Recycling PI-ogram 

Public Energy Authority 

W Rehabilitation Center 

Small Conference Room 

I I Monthly Board meeting; items to be discussed include minutes, / Sepkmber 30,2008 10:00 AM 

financials, funding reports, grant award updates, election of secretary, 

and other urgent business. 

First Floor Board Room 

West Virginia Housing Development Fund 

814 Virginia Street, East 

Charleston. W 2530 1 

September 22,2008 9:00 AM 

17 16 Pennsylvania Ave., Suite 7 

Charleston, WV 25302 

October 1,2008 12:00 PM 

Blue Ridge CTC 'rechnology Center 

Berkeley Business Park 

5550 Winchester Avenue 

Cabell-Huntington Health Department 

703 - Seventh Avenue 

enforcement officers within West Vlrginia 

Martinsburg, WV 2540 1 

September 25,2008 10:00 AM 

Professional Development Center 

West Virginia State Police Academy 

Dunbar, WV 

To review recycling grant applications. October 1, 2008 9:00 AM 

WVDEP Headquarters 

601 57th Street SE 

Govemors Press Conference Room 

1900 Kanawha Blvd. East, 

Bldg. 1 

Charleston. WV 25305 

*Tlris meting wasfiled late and does not comply with the Open Governmental Proceedings Act 
Board of Governors Executive I Communily & ~echnical College Executive Commitree to discuss I Room 2 19 Hardway Hall 

separation of assets and liabilities; tuition assessments on selected two- Main Campus 

Septernber 25,2008 1:00 PM 

Governor's Press Conference Room 

Energy, WV Division of 

Urban CornmuniQ firesty 

Cour7cil 

I-ligher Education Policy 611 7/2008 

Colnmission 

9/11/2008 

WVNET Computer Achtisory Board 

Ilighla~~d Hospital Association 12/26/2007 

Regularly scheduled Public Energy Authorily Board Meeting to discuss 

energy related issues affecting the State of West Virginia 

Trustees 

Finance Committee I 

Housing Development Fund, WV 9/9/2008 

Information Technology Council 7/3/2008 

Regular Business September 29, 2008 2:30 PM 

WV Higher Education Technology 

Conference - Lakeview Golf Resort & Spa 

I Morgantown, WV - 

Regularly scheduled monthly Board of Trustees meeting. I September 29, 2008 11:30 AM 

) I-iighland Hospital 

I Second Floor Conference Room 

Emergency Meeting to discuss financing for new strucwe. I September 22, 2008 12:00 PM 

Second Floor Conference Koom 

Highland Hospital 

300-56th Street I Charleston, WV 25304 

Minutes of the July 17, 2008 Meeting; Auditor's Required I October 1,2008 4:00 PM 

Communications with those Charged with Governance; Review of the West Virginia Housing Development Fund 

Financial Statement Audit for FY 2008; Consideration of Investment 1 8 14 Virginia Street, East 

one Davis SquareW Office of Technology 

Conference Room 1 

"TIzis meeting was fled late artd cloes not cot~ly wit18 the Open Governmental Proceedings Act 
MEETING NOTICES -1 

Irlhastructure & Jobs Development 

Council 

Inii-astructure & Jobs Development 

Council 

Funding Comtnittee 

Licensed Dietitians, WV Board of 

Lottery 

Finance/Audzt & 

Games/Rules/Securi~ & Marketing 

Committees 

Lottery 

Bziilding Committee 

Lottery 

Commission meeting 

PROPOSED AGENDA, Approval of Minutes - September 3, 2008, Financial Report, ltems for Discussion, Water or 

Wastewater Preliminary Applications to be Considered by the Council, Water Elkins Road PSD 2008W-1058, Junior, 

Town of 2001W-645: Oakland PSD 2W8W-1039, Sewer Greater Hanison County PSD 2007D-1010, Philippi, City of 

ZOOSS-1054, Reedsville, Town of 200513-867, Wonhington, Town of 2007s-981, Consideration of Other Preliminary 

Applications Which May Be Before the Council by Action of the Consolidation Committee; 

Project Ranking and Consideration of Binding Commitments of inhastructure Funds ; Consideration of Requests for 

Engineering . -. Design Assistance Program Funding Which May Be Before the Council. Consideration of Economic 

Dcvrlopmenl lnfiartruclure Prellmlnary Appl~cat~unr WI\KII May Be Befo8c the Council. Any Fundlog or Other 

Econorn~c Dcvelo~ment lnfrast!uui~rre Prolect Relaled Keuuests Sub~n~ltcd Anrr Publtcauon uf Arenda. Cummlllce 

Repons. Consolidation. Funding; Sewer fcchnical ~cview. Water Technical Review. Other ~e~&s Abandoned Mine 

Lands. Corps of Engineers; Highways; Rural Uulitics Serv~ce, Funding Agency Activity repons. Adjournment, Public 

Comment, Notice All proposed items for discussion are subject to modification upon a project sponsors withdrawal of iu 

request or inability to provide required information to the Council to allow the Council lo proceed with cons~deration of 

=id request. All proposed items for discussion under Business items are subject to modification upon withdrawal of such 

item due to changed circumstances, or a Counctl members request to add items for discussion 

The purpose of the meeting will be to conduct general business and 

consider other such maeers as may be brought to the anention of the 

Funding Committee.; PROPOSED AGENDA 

Water or Wastewater Preliminary Applications to be Discussed; Water: 

Eikins Road PSD 2008W-1058; 

Junior, Town of 200 1 W-645; Oakland PSD 2008W- 1039; 

Sewer: Greater Harrison Councy PSD 2007D- 10 10; 

Philippi, City of 2008s-1054; Reedsville, Town of 2005D-867; 

Wo&hington, Town of 20075-98 1 ; 

Regular Board Meeting - Acceptance of 2008-2009 Renewed, Inactive, 

Provisional and Lapsed Stabs dietitians; discussion of orientation vs. 

practice of dietetics in WV; question & answers for newsletter; on-line 

verification and other business as reauested under new business. 

Monthly committee meeting 

Monthly committee meeting 

Monthly business meeting 

Northgate Business Park, 180 Association 

Drive Charleston, West Virginia. 

September 26,2008 9:30 AM 

Water Development Authoricy 

180 Association Drive, Northgate Business 

Park, Charleston, WV 

September 24,2008 5:00 PM 

723 Kanawha Blvd., East 

Room 105 Union Building 

Charleston, W 2530 1 

September 30,2008 10:OO AM 

Lottery Headquarters 

3 12 MacCorkle Avenue 

Charleston, WV 

September 30,2008 9:00 AM 

Loaery Headquarters 

3 12 MacCorkle Avenue 

Charleston, WV 

September 30,2008 1 1 :00 AM 

Lottery Headquarters 

3 12 MacCorkle Avenue 

Charleston. W 

*Titis meeting wasfiled late and does not cornply with tlre Open Governmenfal Proceedings Act 
Marshall Community & Technical 

College 

institutional Board of 

Governors/Academic rfL Student 

Selvices Sub-committee 

Marshall Communily & Technical 

College 

Inslitutional Board of 

ew existing Academic Policies 

transfe~ed from the MUIBOG and planning for program reviews. The 

agenda for the meeting will be available at www.mctc.edu or at the 

Community & Technical College, Rooin 128. 

911 712008 To elect a Chair, discuss existing Finance Rules transferred by the 

MUIBOG and to determine Finance agenda items for the next IBOG 

meeting. The agenda will be avaiiable at www.mctc.edu or at the 

Community & Technical College, Room 128. 

September 26,2008 2:00 PM 

Marshall Community & Technical College i 

Presidents Conference Room - CTC 128 

18th Street and Third Avenue 

I-luntinglon, WV 25755-2700 

Governors/Finance & Facilities 

Miners Health Safety Training 

September 26,2008 9:00 AM 

Marshall Community & Technical College 

President's Conference Room - CTC 1 10 

One John Marshall Drive 

Nuntingron, WV 25755-2700 

September 30,2008 10:00 AM 

WV Office of Miners Health Safety Training 

811 312008 

Miner Trainin2 Education 1 1 1 16 15 Washingron Street, East I 

Monthly board meeting 

Osteopathic Medicine, WV School 

of, Board of Governors 

CerttJicution 

/ pirihase card purchases, treasurer's report, legislative updates, financial / 304 1 University Ave. I 

I Charleston, WV 253 1 1 

Morgantown WV 

September 26,2008 12:00 PM 

Roland P. Sharp Alumni Center 

Board Room 

400 North Lee Street 

Occu~ational Therapy, WV Board 1 91312008 I Approve and review June 13, 2008 minutes, Executive Session, review I September 26, 2008 11:00 AM 

-- I Personnel and State Code 6-914-4(12) AttorneyIClient I Lewisburg, WV 2490 1 

Personnel / 9/17/2008 I The State Personnel Board will meet to conduct business and to consider I September 30, 2008 2:00 PM 

I other administrative matters 

Per.sonne1 Board 

Building 6, Room 425 

State Capitol Complex 

" 

Main Campus, Fairmont 

Pierpont Conlmunily & Technical 911 512008 Emergency Meeting - Joint meeting with Fairmont State Universi~ September 23,2008 2:00 PM 1 

college 

Board of Governors Executive 

Board of ~overnors Executive Committee to discuss separation of assets 

and liabilities; tuition assessments on selected two-year programs; and 

athletic fees. 

Room 2 19 Hardway Hall 

Main Campus 

Faimont 

*?'his meeting wasfiled late and does not comply with the @en Governn~etttal Proceedings Act 
Public Defender Corporation, 1 1 th 911 012008 

Circuit 

PUBLIC SERVICE 

COMMISSION 

TOWER ACCESS ASSISTAKE 

FUNI) RE VIEW COMMITTEE 

CTAA FRC) 

West Virginia 

Commercial Motor Vehicle Weight 

I 

Rehabilitation Services, \;W I 8128~008 

Division of I 

Marlinton Motor Inn 

Marlinton. West Virginia 

AT: matters dealt 

20 1 BROOKS STREET 

06A ... WASHBU~<N POINT -; b. TAT: L~NGOLN 06A ... HARTS -; c. TAF MDJEKAL 

06A ... PINNACLE KNOB; d. TAF CABELL 07A .. SALT ROCK; e. TAF LOGAN 07A .. 

CHIEF LOGAN; f. TAF MARION 07A .. WHETSTONE HILL; g. TAF TAYLOR 08A 

GRAFTON; h. TAF UPSHUR 08A TALLSMANSVILLE; 7. Additional items as 

appropriate.; a. Expedited Request Logan County; 8. Next meeting will be held at 10:00 

a.m., in the small first floor conference room of the WVPSC Building (201 Brooks Street, 

Charleston, WV), on Tuesday, October 28,2008.; NOTE: Order andlor subject matter of 

agenda items may change during the meeting. 

Regular Quaderly Meeting 

I-IEARNG ROOM NO. 2 (1 ST FLOOR) 

CHARLESTON, WV 

September 30,2008 10:00 AM 

Tamarack 

Conference Center 

Boardroom 

One Tamarack Park 

been prepared by the State Tax Department for tax year 2009; To 

consider the approval of transfers of property; To consider insmctional 

material bonds. A detailed agenda will be available prior to the meeting. 

*P'ltis meeting was filed fate and does not cony7ly with the Open Governmental Proceedings Act 
School Building Authority of West 

Virginia 

I 

i 

Social Work Examiners, Board of 

West Virginia 

Community and Tectuiical College 

Board of Governors Agendu 

Committee 

Council 

Vetera~ls Affairs 

tfeterans Council hfeering 

I 1 West Virginia Nmher. 

Community College 

I 

911 712008 AGENDA -September Quarterly Meeting 

I. CALL TO ORDER: 11. ACKNOWLEDGMENTS AND RECOGNITIONS; Ill 

UPDATE OF LEED SILVER CERTIFIED SCHOOL PROJECT 2008; IV. APPROVAL 

OF MINUTES; V. EXECUTNE DIRECTOR'S REPORTS; A. Update on the School 

Building Autboritys Excess Lottery Revenue Bonds, Series 2008; B. Gibbons & Kawasb 

Audit Report for the Fiscal Year Ending June 30,2008; Vt, CONSENT AGENDA; A. 

I-lancock Counrys CEFP Amendment; B. Marshall Counrys CEFP Amendment; C. Monroe 

Countys CEFP Amendment.; D. Rome Countys CEFP Amendment; 

E Wetzcl Countys CEFP htnendment; VI. FINANCE REPORTS; VII. OTHER 

BUSINESS, VIlI FUTURE MEETING, IV ADJOURNMENT 

Conduct official public meeting and executive session business. 

To establ~sh the agenda for the October 16, 2008 meeting of the Southern 

West Virginia Community and Technical College Board of Governors. 

Regular Council meeting 

Quarterly meeting 

Monthly Meeting. Agenda includes: Approval of Draft Minutes of August 28,2008; 

Board Chair Report; Hearings and Petitions; Board Member Resignation; President's 

Report; WVCCA Conference (Oct. 22-24,2008); Building Updates on Wheeling Campus; 

October Meeting in New Martinsville; Highlights of Activities of the President for the 

Month of September; Administrative Staff Reports: Purchase of Honda Dealership (Board 

Approval); Unaudited Year End Financials; Year End Workforce Numbers; Perfomance 

Indicators; Enrollment; Foundation Retreat (Strategic Plan); Web Site Enhancement; 

Friends Dinner (Wrap Up); Sh~dent Scholarship; Old Business: New Business 

September 26,2008 9:00 AM 

School Building Authorily Office 

2300 Kanawha Blvd. E 

September 25,2008 1 :30 PM 

Sleep Inn Conference Room 

I79 Norlh Charleston, Mink Stloals Exit. 

Pennsylvania Avenue on right. 

Septe~nber 30, 2008 9:00 AM 

Southern WV Community and Tecl~nieal 

College, Center for Allied Health and 

Technology 

Room 428,2900 Dempsey Branch Road 

Mount Gay, WV 

October 1,2008 9:00 AM 

Large Conference Room 

F. Ray Power Building 

Division of Rehabilitation Services 

Institute 

September 26,2008 1:00 PM 

A~nerican Legion Post 15 

2505 Ohio Avenue 

Parkersburg, WV 

September 25,2008 5:00 PM 

B&O Board Room 126A 

*This nleetirtg wosfled late and does not cornply with fhe Open Governmental Proceedings Act 

OFFICE OF THE SECRETARY OF STATE 

STATE OF WEST VIRGINIA 

Betty Ireland 

Secretary of Stare 

GUIDE FOR USING THE RULE MONITOR IN THE STATE REGISTER 

Column 

Column 

Column 

Column 

Column 

Column 

Column 

Column 

Column 

Column 

1. Agency Name, (Title and Series Number) 

2. Rule Title, Price and Type 

3. Date Notice of Public Hearing or Comment Period Filed 

4. 'Date of Public Hearing or Last Date Comments Will Be Received 

5. Date Emergency Rule Filed, Emergency Amendments Filed, Emergency Rule Decision 

(ERD) Number & Bate ERD Filed (Effective Date of Emergency Rule) 

6. Date Agency Approved Legislative Rules Filed. 

7. Date Review by the Legislative Rule-Making Review Committee & Action Taken **Please 

Note** The Board of Education, Board of Trustees & Board of Directors File Their Rules 

With the Educational Over-Sight Committee 

8. Legislative Action 

9. Date Agency Final Files Legislative, Procedural or lnterpretive Rules. This is the Final 

Step for Procedural & Interpretive Rules 

10. Date Rule is EHective 

Titles followed by an asterisk (**) indicate that the rule is in effect as an emergency 

0 Emergency rules will not have a "Notice" date until the agency files one but the rule will appear in 

Columns 1, 2 & 5. An Agency must file for either a public hearing or public comment period either before 

filing as an emergency or no more than 30 days after filing the rule as an emergency 

a If more than one date appears in a column, it means the agency has repeated that step (ex. - holding an 

additional public hearing) 

If a particular step is not required by law for a particular rule, the "NIA will appear in the excluded step 

column 

Once a rule becomes effective & the eMective date appears in Column 10, the rule will be removed from 

the monitor aRer the rule is distributed in the loose leaf version of the Code of State Rules 
1692 GROSS REFERENCE OF RULE MONITOR TITLE NUMBERS AND AGENCIES 

TITLE NUMBER NAME OF AGENCY 

TlTLE 4 

TITLE 5 

TITLE 10 

TITLE 14 

TITLE 18 

TITLE 19 

TlTLE 22 

TITLE 23 

TITLE 26 

TlTLE 28 

TlTLE 29 

TITLE 32 

TITLE 33 

TITLE 36 

TlTLE 38 

TlTLE 42 

TITLE 45 

TITLE 46 

TITLE 47 

TlTLE 58 

TITLE 61 

TITLE 64 

TlTLE 65 

TlTLE 69 

TITLE 81 

TITLE 82 

TITLE 85 

TITLE 86 

TiTLE 90 

TITLE 91 

TlTLE 96 

TlTLE 102 

TITLE 103 

TITLE 110 

TITLE 112 

TITLE 114 

TITLE 115 

TITLE 117 

TITLE 126 

TITLE 133 

TITLE 135 

TITLE 143 

TITLE 144 

TITLE 147 

TlTLE 148 

TlTLE 149 

TITLE 150 

TITLE 153 

TITLE 156 

TlTLE 157 

TITLE 158 

TITLE 161 

TITLE 162 

TlTLE 164 

TITLE 175 

TlTLE 178 

TITLE 179 

TITLE 188 

TITLE 191 

TlTLE 199 

TITLE 204 

CHIROPRACTIC EXAMINERS 

DENTAL EXAMINERS 

LICENSED PRACTICAL NURSES 

W BOARD OF OPTOMETRY 

RADIOLOGIC TECHNOLOGY BD OF EXAMINERS 

REGISTERED PROFESSIONAL NURSES 

FORESTRY 

LAND SURVEYORS 

VETERINARY MEDICINE 

CONTRACTORS LICENSING BOARD 

SPEECH PATHOLOGY & AUDIOLOGY 

ACUPUNCTURE 

OFFICE OF WASTE MANAGEMENT (FORMERLY PART OF TITLE 47) 

COAL MINE HEALTH & SAFETY 

MINING & RECLAMATION 

LABOR 

OFFICE OF AIR QUALITY 

ENVIRONMENTAL QUALITY BOARD 

OFFICE OF WATER RESOURCES 

NATURAL RESOURCES 

AGRICULTURE 

HEALTH 

HEALTH CARE AUTHORIn 

HEALTH & HUMAN RESOURCES 

STATE POLICE 

CULTURE & HISTORY 

WORKERSCOMPENSATION 

VETERANS AFFAIRS 

CORRECTIONS 

MOTOR VEHICLES 

EMPLOYMENT PROGRAMS 

WORKERS COMPENSATION BOARD OF REVIEW 

STATE FIRE MARSHAL'S OFFICE 

TAX & REVENUE 

TREASURER 

INSURANCE 

RISK & INSURANCE MANAGEMENT 

ECONOMIC DEVELOPMENT AUTHORITY 

EDUCATION 

HIGHER EDUCATION POLICY COMMISSION 

COMMUNIV & TECHNICAL COLLEGE EDUCATION 

PERSONNEL 

DIRECT ADVERTISING GRANTS 

EMPLOYEE SUGGESTION AWARD BOARD 

ADMINISTRATION 

CRIME DELINQUENCY & CORRECTION, GOVERNOR'S COMMITTEE 

PUBLIC SERVICE COMMISSION 

SECRETARY OF STATE 

EDUCATION AND STATE EMPLOYEES GRIEVANCE BOARD 

DIVISION OF HIGWAYS 

ETHICS COMMISSION 

INFORMATION SERVICES AND COMMUNICATIONS DIVISION 

CONSOLIDATED PUBLIC RETIREMENT BOARD 

SCHOOL BUILDING AUTHORITV 

ALCOHOL BEVERAGE CONTROL COMMISSION 

RAGING COMMISSION 

LOTTERY 

CAPITOL BUILDING COMMISSION 

FAMILY PROTECTION SERVICES BOARD 

EXPLOSIVES AND BLASTING 

HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY 
-- 

RULE MONITOR 

AGENCYISERIES NO RULE NOTICE HEARING EMER RULE SEGISTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Accountancy Board Rules and Rules of 7/31/2008 8/29/2008 8/29/2008 

(1-1) Professional Conduct 

$16.00 

- Legislative 

Administration Purchasing Division 6/13/2008 7/14/2008 8/12/2008 

(148-11 $6.00 

Legislative -- 

Administration Parking 

(1 48-6) $4.80 

Leaislative 

Adm~n~stration Procedure for Payment of Unused 8/4/2008 9/2/2008 

(148-21) Sick Leave to Employees 

$3 60 

Procedural 

Agriculture Animal Disease Control 7/30/2008 8/28/2008 

(61-1) $8.40 

Leaislative 

Agriculture 

(61-1C) 

Disposal of Dead Poultry 6/23/2008 7/23/2008 

$5.40 

Leaislative 

7/30/2008 Modified & 

Approved 

8/26/2008 

Agriculture Commercial Feed 

(6 1-5) $1 0.20 

Legislative 

7/30/2008 Modified & 

Approved 

8/26/2008 

Agriculture 

(61-88) 

Schedule of Charges for Inspection 6/26/2008 7/26/2008 

Services: Fruit 

$4.20 

7/30/2008 Approved 

8/26/2008 

-- Legislative 

Air Qual~ty Repeal-Control and Reduction of 7/9/2008 811 162008 

(45- 1 ) Nitrogen Oxides from Non-Electric 

Generating Units as a Means to 

Mitigate Transport of Ozone 

Precursors 

$14.60 

Leaislative 

Air Quality Ambient Air Quality Standards 7/9/2008 811 112008 

(45-8) $8.40 

Leaislative 
RULE MONITOR --1. 

AGENCYISERIES NO RULE NOTICE I-IEARING EMER RULE SECISTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Air Quality Pennits for Construction, 7/9/2008 811 112008 8/29/2008 

(45-13) Modification, Reloation and 

Operation of Stationary Sources of 

Air Pollutants, Notification 

Requirements, Administrative 

Updates, Temporary Permits, 

General Permits, and Procedures 

for Evaluation 

$13.80 

Legislative 

Air Quality Permits for Construction and Major 7/9/2008 8/11/2008 8/29/2008 

(45-14) Modification of Major Stationary 

Sources of Air Pollution for the 

Prevention of Significant 

Deterioration 

$15.80 

Legislative 

Air Quality Standards of PeFformance for New 7/9/2008 811 112008 8/29/2008 

(45-1 6) Stationary Sources 

$25.10 

Leaislative 

Air Quality Control of Air Pollution from 7/9/2008 811 112008 

(45-25) Hazardous Waste Treatment. 

Storage and Disposal Facilities 

$12.30 

Legislative 

Air Quality Repeal-NOx Budget Trading 7/9/2008 811 112008 8/29/2008 

(45-26) Program as a Means of Control and 

Reduction of Nitrogen Oxides from 

Electric Generating Units 

$1 3.20 

Legislative 

Air Quality Emission Standards for Hazardous 7/9/2008 8/11/2008 8/29/2008 

(45-34) Air Pollutants 

$24.20 

Legislative 

Air Quality Repeal-Mercury Budget Trading 7/9/2008 811 112008 8/29/2008 

(45-37) Program to Redu~e Mercury 

Emissions 

$12.80 

Leaislative -- 

Archttects Registrat~on of Arch~tects 7/29/2008 8/28/2008 8/28/2008 

(2-1 $5.80 

Legislative 

Architects Fees for Registration of Architects 7/29/2008 8/28/2008 8/28/2008 

(2-3) $3.80 

Legislative 
RULE MONITOR 

-- 

AGENCYISERIES NO RULE NOTICE HEARING EMER RULE SECISTATE 

Coal Mine Health and Responsibility for Care and 1011 012007 11/14/2007 2/28/2008 111 12009 

Safety Maintenance of Equipment 

(36-1 8) $3.00 

Comm. & Tech. 

College Education Employing and Evaluating Effective 6/24/2008 

(1 35-5) Presidents 611 612008 

$4.20 

College Education Higher Education 

(1 35-49) $4.60 

Consolidated Public Benefit Determination and Appeal 611 812008 711 812008 811 3/2008 Modified & 

Retirement Board $3.20 Approved 

(1 62-2) Legislative 8/26/2008 

Filed 

Consolidated Public Teachers' Retirement System 611 812008 711 812008 811 312008 Modified & 

Retirement Board $4.00 Approved 

(1 62-4) Legislative 8/26/2008 

Filed 

Consolidated Public Public Employees Retirement 611 812008 711 812008 811 312008 Approved 

Retirement Board System 812612008 

Consolidated Public Appointment of Representatives to 611 812008 711 812008 811 412008 911 412008 

Retirement Board the W Investment Management 

(I 62-6) Board 

$4.20 

Consolidated Public Refund, Reinstatement, Retroactive 6/18/2008 7/18/2008 811 312008 Approved 

Retirement Board Service, and Loan Interest Factors 8/26/2008 

$4.80 

Retirement Board Unused Sick and Annual Leave 8/26/2008 

(1 62-8) $4.60 

Retirement Board $5.20 8/26/2008 -d 

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RULE MONITOR 

AGENCYlSERlES NO RULE NOTICE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Education 21' Century Science 9-12 Content 111 112008 211 112008 311 312008 7/1/2008 

(1 26-44R) Standards and Objectives for W 

Schools (2520.35) 

$18.60 

Education 21'' Century AdvisorIAdvisee 9-12 5/19/2008 611 912008 811 512008 911 512008 

(1 26-4411) Content Standards and Objectives 

for W Schools (2520.1 9) 

$12.00 

Educat~on Student Driver El~gibility Certif~cate 6/6/2008 7/7/2008 811 512008 911 512008 

(1 26-84) (41 50) 

Education W School Bus Transportation 6/6/2008 7/7/2008 

(1 26-92) Policy and Procedures Manual 

(4336) 

$17.70 

Educat~on Minimum Requirements for the 6/6/2008 7/7/2008 

(1 26-1 36) Licensure of 

Profess~onallParaprofessional 

Personnel and Advanced Salary 

Classifications (5202) 

$21.10 

Education Handbook on Planning School 6/6/2008 7/7/2008 811 512008 911 512008 

(1 26-1 72) Facilities (6200) 

$34.30 

Education Purchasing Procedures for Local 1 111 512007 1211 712007 111 112008 211 1/2008 

(1 26-202) Eduational Agencies (8200) 

$1 5.00 

Environmental Voluntary Remediation and 711 12008 8/4/2008 6/2/2008 8/25/2008 

Protection, Secretary's Redevelopment Rule Approved 

Office $19.60 612612008 

Ethics Commission Purchase, Sale or Lease of 611 6/2008 711 812008 8/21 12008 

(1 58-3) Personal Property 

$4.20 

Ethics Commission Interest in Public Contracts 611 6/2008 711 812008 8121 12008 

(1 58-8) $4.20 
AGENCYlSERlES NO RULE 

Ethics Commission Voting (Repeal) 5/2/2008 6/4/2008 7/29/2008 Approved 

(1 58-9) 

Ethics Commission Employment Exemptions 611 612008 711 812908 8/21 12008 

(I 58-1 I) $4.80 

(1 58-1 2) $4.00 Approved 

Legislative 8/26/2008 

Filed 

91512008 

Ethics Comnlission Filing of Verified Time Records 611 612008 7/19/2008 812 112008 

(158-14) $4.80 

(87-7) Continuing Education of Municipal, 

County, and Other Public Sector 

Building Code Oflicials, Building 

Code inspectors and Plans 

Examiners 

$4.60 

Hatfield-McCoy Rules for Use of Facilities 8/28/2008 9/29/2008 

Regional Becreation $6.60 

Auth, Legislative 

(204-1 ) 

Health Licensure of Medical Adult Day 7/14/2008 811 512008 8/27/2008 

(64-2) Care Centers 

I 

I Health Public Water Systems 711 012008 811 112008 8/28/2008 

(64-3) $5.80 

(64-1 3) $22.50 

(64-76) Treatment and Commitment 

$5.20 

Health Maternal Mortality Review Team 711 012008 811 112008 9/8/2008 1019/2008 

(64-96) $3.40 

Procedural 
RULE MONITOR 

AGENCYlSERlES NO RULE NOTICE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Higher Educatron Guidelines for Governing Boards in 911 012008 1011 012008 911012008 

Policy Commission Employing and Evaluating 

(1 33-5) Presidents or Other Administrative 

Heads 

$4.80 

Higher Education Policy Regarding Program Review 8/4/2008 9/3/2008 

Policy Commission $4.40 

(1 33-1 0) Procedural 

Higher Edt~cation Medical Student Loan Program 8/4/2008 9/3/2008 9/1012008 

Policy Commission $4.40 

Higher Education VVV Higher Education Grant 8/4/2008 9/3/2008 

Policy Commission Program 

(133-42) $5.80 

Higher Education Research Trust Fund Program 711 112008 811 112008 711 1/2008 8/25/2008 Approved 

Policy Commiss~on $6 20 Withdrawn 8/25/2008 

(1 33-48) Legislative 8/5/2008 

8/28/2008 

Effective 

8/28/2008 

Higher Education Accountability System for WV Public 8/4/2008 9/3/2008 

Policy Commission Higher Education 

(1 33-49) $5.00 

Highways Regulations Pertaining to Particular 711 112008 811 512008 

(1 57-1) Functions of the Commissioner of 

Highways 

$3.60 

Procedural 

Highways Use of State Road Rights of Way 711 112008 811 112008 8/29/2008 

(1 57-6) and Adjacent Areas 

$10.20 

Highways Transportation of Hazardous 711 112008 811 112008 

(1 57-7) Wastes Upon the Roads and 

Highways 

$4.40 

Human Services Child Care Center Licensing 611 6/2008 811 612008 

(78-1) $18.70 

Insurance Commission Coordination of Health Benefits 611 9/2008 712112008 8/29/2008 

(1 14-28) $10.20 

(B 

(B 
RULE MONITOR 

AGENCYISERIES NO RULE 

Insurance Commission Long-Term Care Insurance 611 912008 7/21/2008 8/29/2008 

lnsurance Commission Actuarial Opinion and Memorandum 6/19/2008 7/21/2008 

(1 14-41) Rule 

$12.50 

Insurance Commission Continuing Education for Individual 7/24/2008 8/25/2008 8/29/2008 

(1 14-42) Insurance Produ~ers 

$6.80 

Leoislative 

Insurance Viatical Settlements 611 312008 7/14/2008 511 612008 811 412008 

(1 14-80) $13.10 Approved 

Legislative 5/29/2008 

Amendment 

611 312008 

Approved 

6/26/2008 

Insurance Discount Medical Plan 611 312008 711 412008 511 612008 811 412008 

(1 14-83) Organizations and Discount Approyed 

Prescription Drug Plan 6/6/2008 

Organizations Amendment 

$5.00 611 312008 

Legislative Approved 

6/26/2008 

Insurance Commission Health Policy Rate and Form Filings 6/19/2008 7/21/2008 

(1 14-84) $4.40 

Insurance Professional Employer 611 912008 7/21/2008 611 9/2008 8/29/2008 

(1 14-85) Organizations Approved 

$10.60 7/8/2008 

Insurance Commission Preneed Life Insurance Minimum 611 912008 7/21/2008 8/29/2008 

(1 14-86) Standards for Detenining Reserve 

Liabilities and Nonforfeiture Values 

$4.20 

Legislative 

Labor PaGkaging and Labeling 7/ 17/2008 811 8/2008 8/26/2008 

(42-1 0) $7.80 

Labor Method of Sale of Commodities 711 712008 8/18/2008 8/26/2008 

142-1 11 $4.80 
RULE MONITOR 

AGENCYlSERlES NO RULE NOTICE HEARING EMER RULE SEClSTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Labor 

(42-1 6) 

Standards for Weights and 711 712008 811 812008 

Measures inspectors Adoption of 

NBS Handbook 130, 1987 Edition 

$3.60 

Labor 

(42-1 7) 

Amusement Rides and Attract~ons 711 712008 811 8/2008 

Safety Act 

$5.80 

Labor 

(42-1 9) 

VVV Manufactured Housing 71'1 712008 811 812008 

Construction and Safety Standards 

Board 

$14.80 

Labor Elevator Safety Act 711 7/2008 811 8/2008 812612008 

(42-21 ) $5.60 

Labor Supervision of Elevator Mechanics 7/17/2008 8/18/2008 8/26/2008 

(42-21A) and Apprentices 

$5.80 

Labor Weights and Measures Calibration 7/17/2008 8/18/2008 8/26/2008 

(42-26) Fees 

$3.80 

Labor 

(42-27) 

Rules of Procedure for Contested 7/17/2008 8/18/2008 

Case Hearings Dealing with Civil 

Penalties Under the Weights and 

Measures Act 

$2.80 

Procedural 

Lottery Commission Lottery Interpretive Rule 9/8/2008 1 Oil 012008 

(1 79-7) $3.40 

Interpretive 

Med~cine Licensure, Disciplinary and 5/20/2008 6/27/2008 711 8/2008 

(11-18) Complaint Procedures, Continuing 

Education, Physician Assistants 

$8.80 

Medicine Establishment and Regulation of 5/2012008 6/27/2008 911 012008 711 812008 

(1 1-2) Restricted Licensure Issued to an 

Applicant in Extraordinary 

Circumstances 

$5.40 
.- 

RULE MONITOR -.A 

AGENCY/SERIES NO RULE NOTICE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Medicine Definition of Surgery 5/20/2008 6/27/2008 7/30/2008 

(11-10) $22.30 

Mining & lieclamation W Surface Mining Reclamation 7/8/2008 8/12/2008 8/29/2008 

(38-2) Rule 

$31.60 

Legislative 

Motor Vehicles Denial, Suspension, Revocation, 7/22/2008 8/22/2008 8/28/2008 

(91-5) Restriction or Nonrenewal of Driving 

Privileges 

$13.10 

Legislative 

Motor Vehicles Collection of Tax on the Sale of a 6/12/2008 8/1/2008 6/12/2008 811 112008 

(91-9) Vehicle 

$4.80 

Legislative -- -- 

Natural Resources Boating Rules 6/16/2008 7/19/2008 7/30/2008 Approved 

(58-25) $5.40 8/26/2008 

Legislative 

Natural Resources Deer Hunting Rules 6/16/2008 7/19/2008 7/30/2008 Approved 

(58-50) $4.00 8/26/2008 

Legislative 

Natural Resources Migratory Bird Hunting Rule 

(58-55) $3.60 

Legislative Exempt --- - 

Natural Resources Waterfowl Hunting Rule 8/25/2008 9/1/2008 

(58-57) $4 20 

Leg~slative Exempt 

Natural Resources Special Waterfowl Hunting Areas 

(58-59) $3.40 

Legislative Exempt 

Natural Resources Lifetime Hunting, Trapping and 611 112008 711 112008 

(58-67) Fishing Licenses 

$4.00 

Leaislative 

712912008 Approved 

8/26/2008 

Natural Resources Hunting, Trapp~ng and Fishing 611 112008 711 112008 

(58-71) License and Stamp Fees 

$2.60 

Legislative 

7/29/2008 Modified & 

Approved 

8/26/2008 

Filed 

9/8/2008 
RULE MONITOR 

AGENCYlSERlES NO RULE NOTICE WEARING EMER RULE SECISTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Personnel Reimbursement of Compensation 511 912008 611 912008 7/25/2008 Modified & 

(1 43-8) Paid to State Employees for Approved 

Training, Education and 8/26/2008 

Professional Development Filed 

$3.00 9/5/2008 

Le~islative - 

Pharmacy General, Definit~ons, and Manner of 7/30/2008 8/29/2008 

(1 5-1) Issuance of Prescrtpt~on 

$6 20 

Pharmacy Pharmacist Adm~n~stration of 7/30/2008 8/29/2008 8/29/2008 

(15-12) lmmun~zat~ons 

$17 00 

Pharmacy Regulation of Charitable Clinic 7/30/2008 8/29/2008 8/29/2008 

(1 5-1 3) Pharmacies 

$234.20 

Physical Therapy General Provisions 

(16-1) $5.00 

PROMISE Scholarship W Providing Real Opportunities for 10116!2007 11/15/2007 10116/2007 

(134-1) Maximizing In-State Student Withdrawn 

Excellence (PROMISE) Scholarship 3/26/2008 

Program 

Property Valuation Statewide Procedures for the 5/21/2008 7/3/2008 

Training & Procedures Maintenance and Publishing of 

Comm. Surface Tax Maps 

(3 89-3) $6.00 

Procedural 

Public Service Rules for the Government of Sewer 8/15/2008 10/31/2008 

Commission Utilities 

(1 50-5) $12.40 

Publ~c Service Rules for the Government of Water 811 512008 10/31/2008 

Commission Utilities 

(1 50-7) $14.40 

Publ~c Service Rules and Regulations Governing 7/18/2008 8/2012008 8/29/2008 10128/2008 

Commission Emergency Telephone Service 

(I 50-25) $1 1.20 
RULE MONITOR A 

AGENCYISERIES NO RULE NOTICE HEARING EMER RULE SEClSTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE a 

Publ~c Service Rules Governing Emergency 7/18/2008 812012008 8/29/2008 10/28/2008 

Commas~on Telephone Sewlw 

(1 50-31) $8 60 

Purchase of Rules and Regulatrons for Fair 7/2/2008 8/1/2008 812712008 

Commod~iies & Market Price Beterminai~on 

Services from the $7 00 

Purchase of Rules and Regulat~ons Statew~de 7/2/2008 8/1/2008 8/27/2008 

Commod~ties & Contract 

Services from the $6 40 

Handlca~wed Leaislatlve . , - 

(1 86-3) 

Purchase of Rules for Qualifications for 7/2/2908 811 12008 8/27/2008 

Commodities & Participation 

Services from the $4.60 

Handicapped Legislative 

Regional Jail & Criteria and Procedures for 1211 4/2007 111 412008 

Correctional Facility Determination of Projected Cost per 

Auth. Day for Inmates Incarcerated in 

(94-7) Regional Jails and Operated by the 

Auth. 

$5.80 

111 812008 Modified & 

Approved 

7/30/2008 

Reg. Professional Policies, Standards and Criteria for 6/13/2008 7/14/2008 7/29/2008 

Nurses the Evaluation and Accreditation of 

(19-1) Colleges, Departments or Schools 

or Nursing 

$5.80 

Reg Professional Limited Prescriptive Authority for 413012008 6/3012008 8/1/2008 

Nurses Nurses in Advanced Practice 6/30/2008 711 0/2008 

(1 9-8) $26.20 

Reg, Professional Fees for Se~iws Rendered by the 611 3/2008 7/14/2008 7/29/2008 

Nurses Board and Supplemental Fee for the 

(1 9-1 2) Center for Nursing 

Rehabilitation Services Low Vision Driver Training Program 711 6/2008 811 812008 8/28/2008 

(1 30-3) $5.20 

Respiratory Care Student Temporary Permits 611 1 /2008 711 412008 611 1 /2008 7R412008 

(30-9) $4.20 Approved 

Legislative 6/26/2008 
RULE MONITOR 

AGENCYlSERlES NO RULE NOTICE WEARING EMER RULE SEClSTATE LRMRG-ACTION LEGIS FINAL FILE EFFECTIVE - --- - - - -- - - - -- 

School Burld~ng SBA Requrrements for 7/23/2007 8/23/2007 7/2312007 9/27/2007 Approved SB 459 4/2/2008 4/2/2008 

Authority of W Comprehens~ve Educat~onal Facilrty Effect~ve 1211 0/2007 

(164-1) Plan 7/23/2007 

$5 80 Amendment 

Leg~slatwe 9/27/2007 

School Bulldrng Funding School Bu~ld~ng Authority 7/23/2007 8/23/2007 7/23/2007 9/27/2007 Approved SB 459 4/2/2008 4/2/2008 

Authority of W Projects Effective 12/1 0/2007 

(1 64-2) $7 60 7/23/2007 

Leg~slat~ve Amendment 

9/27/2007 

School Bulldlng School Build~ng Authorfty School 7/23/2007 8/23/2007 7/23/2007 9/27/2007 Approved SB 459 4/2/2008 4/2/2008 

Author~ty of W Plann~ng and Design Cr~ter~a Effect~ve 1211 012007 

(1 64-3) $4 00 7/23/2007 

Leg~slat~ve Amendment 

9/27/2007 

7/23/2007 8/23/2007 7/23/2007 9/27/2007 Approved SB 459 4/2/2008 4/2/2008 

Author~ty of W Admrnistration and Revrew Effedive 1211 0/2007 

(1 64-4) $10 80 7/23/2007 

Legislative Amendment 

9/27/2007 

School Butld~ng School Building Author~ty Contract 7/23/2007 8/23/2007 7/23/2007 9/27/2007 Approved SB 459 4/2/2008 4/2/2008 

Authority of W and Agreements Effed~ve 1211 012007 

(164-5) $6 20 7/23/2007 

Legislative Amendment 

9/27/2007 

Amendment 

12/10/2007 

School Bullding School Build~ng Authority Reporting 7/23/2007 8/23/2007 9/27/2007 Approved SB 459 4/2/2008 4/2/2008 

Author~ty of W Procedures 1211 0/2007 

(1 64-6) $9 60 

1 School Bu~ldtng School Access Safety Act 4/24/2007 5/24/2007 4/24/2007 711 212007 Approved SB 459 4/2/2008 4/2/2008 

I Authority of W Guidelrnes and Procedures Effect~ve 12/28/2007 1/7/2008 

I (I 64-7) $4 60 4/24/2007 

Legtslat~ve Amendment 

711 1/2007 

Effect~ve 

711 112007 

Secretary of State Adm~n~stration of the Address 1/4/2008 2/4/2008 1/4/2008 211 512008 Modifled & 

(1 53-37) Confident~al~ty Program Approved Approved 

$4 00 2/8/2008 7/30/2008 

Leg~slat~ve Filed 

8/7/2008 

Socral Work Fee Schedule 6/24/2008 7/25/2008 6/24/2008 7/28/2008 

Examiners $6 40 
RULE MONITOR 

AGENGYlSERlES NO RULE 

Tax Department Repeal of Valuation of Intangible 5/30/2008 7/3/2008 8/29/2008 

(1 10-1 L) Personal Property Including Stock. 

Accounts Receivable and Stock in 

Banks and Capital of Savings and 

Loan Associations for Ad Valorem 

Property Tax Purposes 

Tax Department Combined Returns Pursuant to an 7/29/2008 8/28/2008 8/29/2008 

(1 10-1 OK) Investigation by the Tax 

Commissioner 

$3 80 

Tax Department West Virginia Film Industry 7/31 /2008 8/29/2008 7/31 12008 8/29/2008 

(1 10-1 3X) Investment Act 

Tax Department Eledronic Filing and Payment of 6/27/2008 7/28/2098 8/29/2008 

(1 10-39) Special District Excise Tax 

$3.80 

(1 10-40) Income Tax Refunds from 

Taxpayers Who Owe Municipal 

Costs, Fines, Forfeitures or 

Penalties 

$4.60 

Tax Department Exchange of Infonation Agreement 7/25/2008 8/25/2008 8/29/2008 

(1 10-50E) Between the State Tax Div. and the 

Dept. of Health & Human 

Resources Office of the Inspector 

General Medicaid Fraud Control 

Unit 

$3.80 

Tourism Direct Advertising Grants Program 611 312008 7/16/2008 8/1/2008 Approved 

(144-1) $6.40 8/26/2008 

Treasurer Selection of State Depositories for 7l3012008 8/28/2008 

(1 12-7) Receipt Accounts 

$8.20 

Veter~nary Medic~ne Schedule of Fees 7/31/2008 8/29/2008 8/29/2008 

(26-6) $3 80 
RULE MONITOR 

AGENCYISERIES 1\10 RULE NOTICE WEARING EMER RULE SEClSTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

Waste Management Hazardous Waste Management 7/8/2008 8/1 212008 8/28/2008 

(33-20) System 

$16 20 

(33-22) Penalttes 

$9 80 

(33-24) $7 60 

Water Resources Desrgnat~on of T~er 3Waters 411 5/2008 6/3/2008 

Water Resources WINPDES Rules for Coal Mining 7/8/2008 811 212008 8/28/2008 

(47-30) Fac~l~tres 

$15 90 

Leg~slat~ve 

Water Resources State Water Pollution Control 711 512008 811 812008 8/28/2008 

(47-31) Revolv~ng Fund 

$20 80 

(47-32) Cert~fication and Standards of 

Perfonance 

$13 60 

Water Resourc 8/28/2008 

(47-34) $15 70 

Water Resources Assessment of Clvll Adm~n~strat~ve 7/7/2008 811 4/2008 8/28/2008 

(47-56) Penalties 

Workers Comp by the Claims Management and 4/29/2008 5/29/2008 711 8/2008 811 712008 

Insurance Comm Adminrstration 

(85-1) 

Workers Comp by the Workers' Compensat~on Cla~ms 4/29/2008 5/29/2008 711 812008 8/17/2008 

insurance Comm Index 

Workers Comp by the Workers' Compensat~on Debt 4/29/2008 5/29/2008 

Insurance Comm Reduction Fund Assessments and 

(85-6) Regulatorgr Surcharges 4 

$9 00 4 
RULE MONITOR 

AGENCMSERIES NO RULE NOTICE HEARING EMER RULE SECISTATE LRMRG-ACTION LEGIS 

Workers Cornp. by the Workers' Compensation Policies, 4/29/2008 5/29/2008 711 812008 811 712008 

Insurance Cornrn. Coverage issues and Related 

(85-8) Topics 

$9.60 

Workers Cornp. by the Employer Default, Enforwment, 811 212008 911 112008 

Insurance Cornrn. Collections and Related Maners 

(85-1 I) $7.80 

Workers Cornp. by the Self Insurance, Self Administrat~on 4/29/2008 5/29/2008 711 812008 811 712008 

Insurance Cornrn and Third Pady Administrators 

(85- 18) $14.50 

Workers Cornp by the Self Insurance Risk Pools 811 212008 911 112008 

Insurance Cornrn $4.80 

Workers Cornp by the Professional Employer 811 212008 911 112008 

Insurance Cornm. Organizations 

(85-31) $4.00 
WEST VIRGINIA 

SECRETmU OF STATE 

BE'FTY IRELAVD 

LEGISLATIVE 

I 

AP>MINESTRnTIVE LAW DEVXSION Form #2 

NOTICE OF A COMENT PEMOD ON A PROPOSED RULE 

0, I , ,GIN\A 

~~J-AILRY OF STATE 

AGENCY: West Virginia Board of Education TITLE NUMBER: 126 

RULE TYPE: Leeislative CITE AUTHORITY: 

$618-2E-I. 18-2E-la. 18-2L:-2, 18-2-5. 18-2L:-X(c)(l). and 18A.3-6 

Public Lau 107-1 10. No C'frrltl Let1 Behriirl/lcl 0/200/ 

AMENDIWENT TO AN EXISTING RULE. YES NO - 

If. YES, SEImS NUMBER OF RULE BEING AMENDED 14 

TKLE OF RULE BEING MENDED West Vrrrrrrna Measures oFAcadem~c 

Progress f234@ 

li: NO, SERIES NUMBER OF NEW RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

IN LIEU OF A PUBLIC HEARMG, A COMMENT PERIOD HAS BEEN ESTABLISIlED DURING WI-IICII 

ANY IIC'TERESTED PERSON MAY SEND COMMENTS CONCERNMGTHESEPROPOSEDRULES THIS 

COMMENT PERIOD WlLL END ON October 14. 2008 AT 4 00 o.m ONLY WRITTtN 

COMMENTS WILI. BE ACCEPTED AND ARE TO BE MALED TO THE FOLLOWING ADDRESS 

Jodi IIoff 171E ISSUES TO BE HEARD WILL BE 

LIMITED TO TlIIS PROPOSED RULE. 

Office of Assessment andAccountabilitv 

West Virginia Department of Education 

Caottol Building 6. Room 722 

1900 Kanawha Boulevard. East 

Charleston, West Virainia 25305-0330 / DepY State S~lperintendent of Schools 

AlTACIi A SUMMARY id F YOUR PROPOSAL 

VV]CS?T WRGmTA o! &Zjg n Th~s Box 

SECmTARU OF STATE F'l!-- L- LBETTY IRELNVD ZDDDSEP 12 P# 1:56 

ADMENISTRATTVE LAW DIVXSIOM c;:) ; Lul ,\ ;:Jli~h 

FO~ lis SCCRO!fl'i OF STATE 

NOTICE OF AGENCY ADOPTION OF A PROCEDUEZAL OR DNTERPlETlVE RULE 

OR A LEGISI,ATNE, RULE EXEMPT FROM LEGIISLATNF, lTEVIEW 

AGENCY: West Vir~inia Board of Education TITLE NUMBER. 126 

CITE AUTIIORITY. W Va Const~tutron I\rr~cleXLI. 62. W Va Code hB17C-12-3. 17C-14-12. 18 2-5, 

18-5-13. 18-8-1 and Subr~tle E3 of Title VII of the McIOnney-Vento EIomeless Assistance Act 142 U S C 

11431 et scq) 

RULE TYPE PROCEDURAL mEWIXrIVE 

EXEMPT LEGISLATNE RULE X 

CITE STA 1'UTE(s) GIWTING EXEMPTION FROM LEGISLATIVE IEVIEW 

W Va Code 5529A-3B-1, et scq ; W Va Bonr~l of Edz~lcal~on 

v. Hechler. 180 W.Va 45 1,376 S E.2d 839 (19881 

AMENDMENT TO AN EXISTING RULE: YES __X__ NO - 

TI; YES, SERIES NUMBER OF RULE BEING MENDED: 92 

TITLE OF RULE BEING MENDED: West Virginia School Bus Transoortatior~ 

Policv and Procedures Manual (4336) 

TI; NO, SERIES NLiMBER OF NEW RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

THE ABOVE RULE IS HEREBY ADOPTED AND FEED WH TIE SECRETARY OF STATE Tf-II: 

EFFECTNE DATE OF THIS RULE IS October 14, 2008 

e ty State Superintendent of Schools Pa 
I BE74"V IRELAND ' ADMlNlSTRATIVE LAW DIVISION i 

NOTICE OF FILING CHANGES TO PUBLIC ASSISTANCE 

MANUAL WITH THE SECRETARY OF STATE 

AGEN~y: West Virginia Department of 

Health and Human Resources . BUREAU: Children & Families 

1 TITLE OF MANUAL TO / wnlcn POLICY IS BEING FILED: income Maintenance Manual / 

! STATE 

RULE: 

CHANGE NUMBER: 

NOTICE OF FILING CHANGES TO PUBLIC ASSISTANCE 

MANUAL WITH THE SECRETARY OF STATE 

West Virginia DepaFtment of 

Health and Human Resources 

I 

i BUREAU: Children & Families 

TITLE OF MANUAL TO 

WHICH POLICY IS BEING FILED: Income Maintenance Manual / 

STATE / RULE: j FEDERAL 7 6FR / EFFECTIVE 

' RULE: 42 CFR I DATE: October 1,2008 1 

/ CHANGE NUMBER: i 521 

1 CHAPTERS 1 SECTIONS EFFECTED : i Chapter 10, Appendix A, B and C I I I CHAPTERS I SECTIONS EFFECTED : Chapter 1, Appendix E, Form - DFA-RR-I 

/ SEE DW-17 FORM FOR SPECIFIC CHANGES I MODIFICATIONS I 1 SEE DW-17 FORM FOR SPECIFIC CHANGES I MODIFICATIONS I 

REASON FOR 

THIS IS PART OF AN EXISTING LEGISLATIVE RULE 

The above policy is hereby filed as an incorporated portion of an existing legislative rule. 

CONTACT 

Ollice IJI the Secralary 

Wesl Vltglrila Dspartment of 

Health and Human Resources 

State Cap~fol Complex 

Buildlng 3 Room 208 

Ctbarleslon, West Virginia 25305 

304 558 7899 Tslaphone 

THIS IS PART OF AN EXlSTlNG LEGISLATlVE RULE 

................................................................................ 

The above policy is hereby filed as an incorporated portion of an existing legislative rule. 

CONTACT: 

Office of the Secretary 

West Virginia Dspanmerll ol 

Health and Human Resources 

Stale Cap~tol Complex 

BuiMing 3. Roan 206 

Charleston, West Virginia 25305 

304.558.7899 Talephone 

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SECiiET',il'i GF STATE 
Orders Report 

08-1 -8751-R Health Care Authority Greater Charleston Dialysis. PLLC 9/2/2008 

Health Care Authority 

Health Care Authority 

Braley & Thompson, Inc. 

Gateway Health Services Gorp. 

08-5-8755-P Health Care Authority United Hospital Center 9/5/2008 

08-AP-071 

NIA 

NIA 

NIA 

NiA 

NiA 

NIA 

N/A 

N/A 

C-0&022 

Insurance Commission 

Medicine 

Medicine 

Medicine 

Medicine 

Medicine 

Medicine 

Medicine 

Medicine 

Real Estate Commission 

Mildled Shockey 

Jeffrey Alan Patey. M.D. 

Eugen Oh, M.D. 

Francis Louis Staro, M.D. 

Garth David Rosenberg, M.D. 

David William Schroeder, M.D. 

Ben David Muldong, M.D. 

Nalini R. Kakulavaram, M.D. 

Richard Martin Vaglienti, M.D. 

Clarence Haymaker 
Notice of Cancellation of Public Hearing 

In the August 15,2008 West Virginia Register, the West Virginia Department of 

Environmental Protection, Division of Air Quality announced an opportunity for a public hearing 

for the purpose of informing the public that five 2009 proposed legislative air quality rules will 

be submitted to the U.S. Environmental Protection Agency (EPA) as revisions fo the West 

Virginia State Implementation Plan (SIP). The purpose of that notlce was ro provide EPA the 

opportunity to comment on the proposed leg~slative rules and to solicit public comment on their 

inclusion in the SIP. Comtnents received by EPA were made a part of the ntlemaking record. 

In that August 15, 2008 West Virginia Register notice, the Division of Air Quality 

provided an opportunity for interested parties to request a public hearing with regard to specific 

rules being submitted to EPA as revisions to the SIP. The notice provided that, if requested, such 

B hearing would be held in Charleston at 6:00 p.m. on September 22,2008. Because no written 

request for a hearing was received by September 15, 2008, the scheduled public hearing is hereby 

cancelled as provided in the August 15,2008 West Virginia Register notice. 

OTHER 

iGli'!l'\ B. L. & S. Coal Company, ine;$l;ii oi 

A hearing has been scheduled to be heard on November 13,2008, at 

the west Virginia Deparlrnent of Environmental Protection, Monarch Room 

(3043) located on the 1st Floor at 601 57" Street, S.E., Charleston West 

Virginia, beginning at 10:00 AM. 

The purpose of this hearing is to show cause why the above-referenced 

Permit Number operating in the Paw Paw District of Marion Coune, should 

not be revoked and associated securities forfeited by Randy C. Huffman, 

Secretary of the West Virginia Depar(ment of Environmental Protec~on. 

Show Cause No. 1300 
NOTICE OF PUBLIC HEARING 

'''0 SEP I 7 PH 3: 57 

Notice: In accordance with Section 147 of the Internal &venue Code of 

1986, as amended, the West Vlrglnta Hosp~tal I'lnance Authority (the':qi~q~r?t " :&iJt-\ 

hold s pubi~c hearlng at 10 00 a m . Eastern l m~e, on Monday, Sepfektfdi~Z9!~&b!4~ 

the State Treasurer's first floor conference room at One Players Club Drive, Charleston, 

West Virginia 25311, with respect to (i) the proposed reissuance of the Authority's 

1I;19,350,000 IIospital Auction Rate Certificates (ARCS'~~)) Revenue Refunding and 

Improvement Bonds (Camden-Clark Memorial Hospital Corporation) 2004 Series B the 

"2004 !series B Bonds"), $17,900,000 Hospital Auction Rate Certificates (ARCS'M') 

Revenue Refi~nding and Improvement Bonds (Camden-Clark Memorial 1-iospital 

Corpol.ation) 2004 Series C (the "2004 Series C Bonds"), and $24,600,000 Hospital 

Auction Rate Certificates (ARCS'~~)) fmprove~nent Revenue Bonds (Camden-Clark 

Memorial Hospital Corporation) 2007 Series A (the "2007 Series A Bonds"), upon their 

conversion from auction rate securities to fixed rate bonds (together, the "Converted 

Bonds"), and (ii) the proposed issuance of the Authority's Hospital Revenue Bonds 

(Camden-Clark Memorial Hospital Corporation) 2008 Series A in the aggregate principal 

amount of not more than 920,000,000 (the "2008 Series A Bonds"; the Converted Bonds 

and the 2008 Series A Bonds are hereinaner referred to as the "Bonds"). 

The Author~ty loaned the proceeds of the 2004 Series B Bonds and the 

2004 Series C Bonds to Camden-Clark Memorial Hospxtal Corporation ("CamdenClark"), which used the proceeds to: 

(a) Rehnd its obligations relating to and redeem certain then 

outstanding bonds issued by the Wood County Building Commission and the Authority 

to finance or refinance the acquisition and construction of capital improvements, 

including equipment and a portion of a medical office building, for Carnden-Clarlc 

Memorial Ilospital, located at 800 Garfield Avenue, Parkersburg, West Virginia 26101, 

including the Camden-Clark Medical Office Building, which is connected by an elevated 

walk-way to the main hospital facility; 

(b) Finance a portion of the cost of acquisition, constntction and 

equipping certain expansions to and imltrovetnents of Camden-Clark Memorial I-Iospital, 

incl~~ding with respect to perioperative services, critical care units and ancillary areas, a 

private room complement, the receiving function and food service production facilities; 

(e) Finance a portion of the cost of acquisition (or reimbursement for 

prior acquisition) of capital equip~nent for Camtlen-Clark Memorial I-lospital in 

accordance with Camden-Clark's capital budgets; and 

(d) Pay the costs of issuance of the 2004 Series B Bonds and the 2004 

Series C Bonds and other costs in connection therewith and in connection with the 2001 

Series A Bonds issued conten~poraneously therewith. 

The Authority loaned the proceeds of the 2007 Series A Bonds to CamdenClark, which used the proceeds to: 

(a) Finance the cost of acquisition and constrtlction of certaili 

improvements to Camden-Clark Memorial I-fospital and eq~lipment for Camden-Clark, 

including with respect to radiology and radiological oncology, interventional cardiology, 

information technology, a Pyxis system, the hospital kitchen, a psychiatric center, a 

vascular center, C-section operating rooms and miscellaneous other capital equipment 

and improvements; and 

(b) Pay the costs of issuance of the 2007 Series A Bonds and other costs 

in connection therewith. 

The Authority intends lo loan the proceeds of the 2008 Series A Bonds to 

Camden-Clark, which will use the proceeds to finance the costs of the conversion of the 

Converted Bonds from auction rate securities to fixed rate bonds and the senlement fees 

attributable to terininating the interest rate agreements entered in connection with its 

auction rate securities, with any proceeds not needed for such purposes expected to be 

used to finance capital equipment for Camden-Clark.. 

Camden-Clark Memorial I?ospita! is located, and the capital improvements 

and equipment financed and refinanced with the Bonds are located, at 800 Garfield 

Avenue, I'arkersburg, West Virginia 26101, including the Camden-Clark Medical Office 

Building, which is located across the street and connected by an elevated walk-way to the 

main hospital facility, 

Camden-Clark Memorial Hospital is owned by the City of Parlrersburg, 

West Virginia (the "City"), and is leased to Camden-Clark under an Operating Lease and 

Agree~nent dated as of July 1, 1997, as supplemented and amended, froin the Board of 

Trustees of Camden-Clark Metnorial Ilospital, an independent board of the City. 

Camden-Clark is a nonstock, nonprofit corporation, the sole member of which is 

Camden-Clark Health Services, Inc., which is also a nonstock, nonprofit corporation. 

The Converted Bond proceeds were and the 2008 Series A Bond proceeds 

will be loaned to Camden-Clark pursuant to Loan Agreements with the Authority. 

Camden-Clark has issued and will amend and issue to the Authority promissory notes for 

the Bonds, evidencing Camden-Clark's obligation to pay the principal of and interest on 

the Bonds when due. Carnden-Clark has also extended and will extend to the Authority a 

deed of trust lien on its leasehold interest in Camden-Clark Memorial Hospital and a 
security interest in certain personal property of Camden-Clark. The Authority, in turn, 

has assigned and will assign the notes, lien and security interest to the trustee for the OTHER 2008 SEP 15 PI 12: 32 

Bonds. 

The Bonds are and will be special, limited obligations of the Authority, 

payable solely from the payments from Camden-Clark under the Loan Agreement and 

under the notes, from moneys received under the deed of trust, and from funds and 

accounts on deposit with the Bond trustee. 'I'he Bonds will not be general obligations of 

the State of West Virginia or the City and will not constitute indebtedness or obligations 

of the Authority, the State of West Virginia, the City or any county, municipality or 

political subdivision of the State within the meaning of any constitutional limitation or 

provision or a charge against the general credit or taxing powers, if any, of any of them 

All interested persons are invited to attend the public hearing and express 

their opinions (written or oral) regarding the Project and the Bonds. Questions, requests 

for additional information or written comments may be directed in writing to the 

Authority in care of Sarah Hamrick, Secretary-Treasurer, West Virginia I-lospital Finance 

Authority, Office of the State Treasurer, One Players Club Drtve, Charleston, West 

Virginia 253 1 1 
THE FOLLOWlNG ARE PUBLICATION DATES OF THE STATE REGlSTER FOR 2008 

DATES ARE THE DATES ALL FlLlNGS ARE TO BE RECElVED IN THE 

SECRETARY OF STATE" OFFICE IN ORDER FOR THE MATERIAL TO APPEAR IN 

THE STATE REGISTER PUBLISHED ON THE DATE LISTED. 

ctober 8 2008 ctober 10 2008