Volume XXV 

Issue 16 

April 18, 2008 

Pages 664 - 7 13 

A Weekly Publication 

Administrative Law Division 

Judy Cooper, Manager 

WEST 

VIRGINIA 

REGISTER 

Published by the Office of the Secretary of State 

CONTENTS 

I. Chronological Index 

II. Open Government Meetings Listing 

Ill. Price List 

IV. Rule Monitor 

V. Notices 

a. Legislative Rules 

b. Interpretive Rules 

c. Procedural Rules 

d. Emergency Rules 

e. Legislative Rule-Making Review Committee 

VI. Legislative Interims 

VII. Orders 

VIII. Ethics Commission Opinions 

IX. Office of Tax Appeal Decisions 

X. Other Documents or Information Filed 

XI. Publication Deadlines and Publication Dates 

Betty Ireland 

Secretary of State 

Administrative Law Division 

Bldg. 1, Suite 157K 

1900 Kanawha Blvd. E. 

Charleston, W 25305-0770 
INDEX 

AGENCY 

Acupuncture 

Administration 

Agriculture 

Affordable Housing Trust 

Air Quality 

Appalachian EMS, Inc. 

Architects, Board of 

Attorney General 

Cabell-Huntington Board of Health 

Calhoun County Solid Waste Authority 

Children's Health Insurance Program 

Coal Heritage Highway Authority 

Coalition Against Domestic Violence 

Community & Technical College at WVU Tech 

Criminal Justice Services 

Dental Examiners 

Education 

Election Commission 

Environmental Protection 

Explosives & Blasting 

Fair Shake Network 

Fayette County Board of Health 

Funeral Service Examiners 

Health and Human Resources 

Health Care Authority 

Highland Hospital Association 

Housing Development Fund 

Information Technology Council 

Infrastructure & Jobs Development Council 

Insurance Commission 

Library Commission 

Lottery 

Marshall University 

Military Affairs and Public Safety 

Mining and Reclamation 

Miners' Health, Safety & Training 

Motor Vehicles 

Municipal Bond Commission 

Osteopathy, Board of 

Pharmaceutical Cost Management Council 

Professional Surveyors 

Public Defender Corporation 18'~ 

Public Port Authority 

Public Service Commission 

Putnam County Development Authority 

Recreational Trails Advisory Board 

Solid Waste Management Board 

Tax Department 

Taylor County Solid Waste Authority 

Treasury Investments, Board of 

West Liberty State College 

West Virginia Northern Community College 

West Virginia State University Bd. Of Governors 

Water Resources 
AGENCY 

Water Resources 

(47-2A) 

AGENCY 

CHRONOLOGICAL INDEX, VOLUME ISSUE 16 

NEW PROPOSED RULES FILED FOR PUBLIC HEARING THlS WEEK 

RULEITY PE 

Designation of Tier 3 Waters 

Interpretive 

AUTHORITY HEARINGICOMMENT PERIODILOCATION 

522-1 1-7b June 3. 2008 

WV DEP - Coopers Rock Training Room 

601 ~7'~ St.. SE 

NO NEW EMERGENCY RULES WERE FILED THlS WEEK 

RULEITYPE AUTHORITY EFFECTIVE DATE 

~harleston,'~~ 25304 

Written Comments to: 

Scott Mandirola, Ofc. of Water Resources 

WVDEP 

601 57th street, SE 

Charleston, WV 25304 

DATE NOTICE FOR HEARING 
MEETING NOTICES m 

Open Governmental Proceedings Act $6-9A et seq. m ra 

Agency ] DateFiled I Purpose Meeting Date/Location 

*This meeting wasfled late and does not comply with the Open Governmental Proceedings Act 

April 30,2008 10:OO AM 

West Virginia Housing Development Fund 

8 14 Virginia Street, East 

Charleston, WV 25302 

First Floor Board Room 

April 28, 2008 1:00 PM 

WV EMS-TSN, Inc. 

Huntington Field Office 

722 3 1st Street, East 

Huntington, WV 25702 

April 29,2008 12:OO PM 

Cafe Cimino in the Blueberry Room 

400 4th Street 

Sutton, WV 

April 23,2008 5:00 PM 

Cabell-Huntington Heakh Department 

703 - Seventh Avenue 

Huntington, WV 2570 1 

April 26,2008 3:00 PM 

Cabot Recycling Station 

2 miles west of Granstville on Rt. 5. 

April 24, 2008 10:00 Ah4 

WV Higher Ed. Policy Cornrn. Conference 

Room 

10 18 Kanawha Boulevard East, 9th Floor 

Charleston, West Virginia 2530 1 

April 24, 2008 1O:OO AM 

Tamarack Conference Center 

Board Room 

One Tamarack Park 

Beckley, WV 25801 

Resumption of January 22 Board meeting 

3rd Quarter Board of Directors' Meeting 

To review the Rules for regulating the practice and registration of 

architecture in WV. The Board would like to have the rules prepared for 

submission to the 2009 Legislature for their approval of the amendments 

and revisions. 

Regularly scheduled monthly meeting 

Regular monthly meeting 

Call to 0rder;Approval of Minutes 

- Minutes of the January 3 1,2008 Board Meeting; 

Directors Report; - Letter of Response to West Virginia Healthy Kids & Families Coalition 

and the West Virginians for Mordable Health Care 

- State Health Policy Briefing by National Association for State Health Policy ' 

- Audit Report of Utilization Management and Case Management Services with Respect to 

Inpatient and Outpatient Mental Health Services by Tichenor and Associates; Monthly 

Financial Statements; 

Actuarial Report for March 31,2008; Other Business; Public Comment; Next Meeting 

Date: Thursday, July 24,2008 at LOAM; Adjournment 

Regularly scheduled meeting. 

Affordable Housing Trust 

Appalachian EMS, Inc. 

Architects, Board of 

Cabell-Huntington Board of Health 

Calhoun County Solid Waste 

Authority 

Children's Health Insurance 

Program 

t 

Coal Heritage Highway Authority 

4/14/2008 

4/9/2008 

4/8/2008 

4/ 15/2008 

4/16/2008 

4/10/2008 

3/25/2008 
Coalition Against Domestic 

Violence 

MEETING NOTICES 

Open Governmental Proceedings Act $6-9A et seq. 

Community & Technical College at 

WW Tech 

Agency I Date Filed I Purpose 

Institutionai Board of Advisors 

Criminal Justice Services 

Meeting Date/Location 

West Virginians Against Violence 

Committee 

Criminal Justice Services 

West Virginians Againsr Violence 

Committee 

Criminal Justice Services 

Juvenile Justice Subcommittee 

Criminal Justice Services 

Law Enforcement Training (LET) 

Subcommittee 

Environmental Protection 

Water Quality Sfandarch Program 

Environmental Protection, 

Department of 

Ofice ofSpeciai Reclamation 

, Fair Shake Network 

Quarterly Board of Directors Meeting 

Regular Meeting 

Victims of Crime Act (VOCA) Grant Review 

Victims of Crime Act (VOCA) Grant Reviews 

To conduct finaI reviews of grant applications and hear presentations of 

grant applicants for FY 2009.; Meeting will be April 30 and May 1, 

2008. 

To address training and certificatiom matters concerning law 

enforcement officers within West Virginia 

The West Virginia Department of Environmental Protection (DEP) has 

scheduled an open meeting to solicit information on the, Water Quality 

Standards rule 47CSR2, in particular Category A, Public Water Supply 

use. Since the last meeting held on this subject, the DEP has made 

additional revisions to Category A. To review these revisions, please see 

the Water Quality Standards website at 

http://www.wvdep.org/dwwdwqs or contact Gloria Shaffer at (304) 

926-0499 ext 1033 for a copy. 

Special Reclamation Fund Advisory Council Meeting 

Regular monthly meeting. 

April 23,2008 9:00 AM 

WV Coalition Against Domestic Violence 

Office 

Elkview, WV 25071 

April 25, 2008 9:00 AM 

Davis Hall 103 

Montgomery, WV 

April 28,2008 8:30 AM 

WV Coalition Against Domestic Violence 

Office 

Charleston, WV 

April 29,2008 8:30 AM 

WV Coalition Against Domestic Violence 

Office 

Charleston, WV 

April 30,2008 8:00 AM 

D& Inn Conference Center 

Flatwoods, WV 

April 24, 2008 10:OO AM 

Professional Development Center 

West Virginia State Police Academy 

Dunbar, WV 

April 30,2008 3:00 PM 

Department of Environmentat Protection 

601 57th Street SE 

Charleston, West Virginia 

Coopers Rock Training Room 

April 28,2008 10:OO AM 

WV DEP 

Room 300 1 

60 1 57th Street 

Charleston, WV 253 04 

April 30, 2008 10:OO AM 

"c" Building Conference Room 

WV Rehabiliation Center 

'This meeting wusflled fare and does not comply with the Open Governmentni Proceedings Act Q, 
MEETING NOTICES rn 

Open Governmental Proceedings Act $6-9A et seq. u> 

4 

I "This meeting wasfiled Iaie and does not comply with the Open Governmental Proceedings Act 

Agency 1 Date Filed [ Purpose Meeting Datenocation 

April 24,2008 3:00 PM 

Fayette County Health Center 

202 Church Street 

Fayettevilie, WV 25840 

April 23,2008 9:30 AM 

Kanawha County Commission Courtroom 

409 Virginia Street East 

Charleston, WV 2530 1 

April 23,2008 1 1 :00 AM 

HCA's Large Conference Room 

100 Dee Drive 

Charleston, WV 253 11 

April 28,2008 1 1 :30 AM 

Highland Hospital 

Second Floor Conference Room 

April 28,2008 11 :30 AM 

Highland Hospital. 

Second Floor Conference Room 

April 24,2008 9:00 AM 

West Virginia Housing Development Fund 

8 14 Virginia Street, East 

Charleston, WV 25301 

April 30,2008 1:30 PM 

One Davis Square 

Governors Office of Technology Conference 

Room 1 Charleston, WV 

April 29, 2008 1:30 PM 

Water DeveIopment Authority 

l 80 Association Drive 

Northgate Business Park 

Charleston, WV 

Fayette County Board of Health 

Funeral Service Examiners 

Health Care Authority 

Board Meeting 

Highland Hospital Association 

Highland Hospital Board of 

Trustees 

Highland Hospital Association 

Board of Trustees 

Housing Development Fund 

Information Technology Council 

Infrastructure & Jobs Development 

Council 

Staff Work Session 

411 112008 

411 012008 

3/26/2008 

12/24/2007 

12/26/2007 

4/3/2008 

3/12/2008 

4/4/2008 

Regular meeting of the Fayette Conty Board of Health 

A DISCIPLINARY HEARING will be heldd in the Matter of West 

Virginia Board of Funeral Service Examiners v. Basagic Funeral Home, 

David Basagic and Neil Basagic. 

(1) Cardiac Catheterization Standards; 

(2) Routine Business 

Monthly Board of Trustees meeting 

Regularly scheduled monthly Board of Trustees meeting 

Consideration of the Minutes of the February 2 1,2008 and March 27, 

2008 Meetings; Consideration of the Financials for the Period Ended 

March 3 1,2008; Consideration of a Plan of Finance - Single Family 

Bonds; Status of Building/Approval to hire Architect; Consideration of 

the HOME Action Plan; Consideration of Final Approval of Farmington 

Apartments, Marion County; Other Urgent Business 

Monthly Public Information Technofogy Council Meeting 

The purpose of the work session is to prepare for the Councils Funding Committee meeting 

of May 2,2008.; The proposed agenda is as follows: 

Items for Discussion; Water or Wastewater Preliminary Applications to be Discussed; 

Water: Camden on Gauley, Town of 2008W-1016; 

Logan County PSD (Marsh Fork) 2008 W- 10 18; 

Ravencliff-McGraws-Saulsville PSD (Phase I) 95W-163a; Romney, City of 2008W-1019; 

Sewer: Enlarged Hepzibah PSD 2005s-886 (Phase 11); Huntington Sanitary Board 2001s629; Huntington Sanitary Board 20085-1017; Kingwood, City of 20075-998; 

Any Funding Request received after publication of the agenda; Project Rankings and 

Consideration of binding commitments of Infrastructure Funds.; Consideration of Requests 

for Engineering Design Assistance Program Funding which may be before the Council.; 

Consideration of Requests for Road Improvement Account which may be before the 

Council. 
MEETZNG NOTICES 

Open Governmental Proceedings Act $6-9A et seq. 

Agency I Date Filed I Purpose Meeting Datenocation 

Insurance Commissioner 

Workers' Compensation Industrial 

Council 

Library Commission 

Lottery 

Building Committee 

Lottery 

FinancdA udit & 

Games/Rules/Security/Marketing 

Committees 

Lottery 

Commission meeting 

Lottery 

Marshall University 4/8/2008 

Board of Governors 

Marshall University 

Sherxfs Bureau Meeting 

4/8/2008 

Board of Governors 

c 

Military Affairs and Public Safety 

*This meting wasfiied lait. and does nof compiy with the 

4/2/2008 

Initial drafts of amendments to the following rules: Rule 1, Claims 

Management and Administration; Rule 2, Workers' Compensation 

Claims Index; Rule 6, Workers' Compensation Debt Reduction Fund 

Assessments and Regulatory Surcharges; Rule 8, Workers' 

Compensation Policies, Coverage Issues and Related Topics; Rule 18, 

Self-Insurance, Self-Administration and Third Partv Administrators. The 

I 900 Kanawha Blvd., E 

Cultural Center 

April 24,2008 3.00 PM 

Offices of the WV Insurance Commissioner 

1124 Smith Street 

4th Floor, Room 400 

Charleston, WV 

Office of ~ud~ks Report. 

Regular Meeting April 25,2008 10:OO AM 

Monthly committee meeting 

Lottery Headquarters 

3 12 MacCorkle Avenue 

Charleston, WV 

Charleston, WV 

April 25,2008 9:00 AM 

Lottery Headquarters 

3 12 MacCorkle Avenue 

Monthly committee meetings 

Charleston, WV 

April 25,2008 10:OO AM 

Monthly business meeting 

procedures. 

April 25,2008 I1:OO AM 

Lottery Headquarters 

3 12 MacCorkle Avenue 

External Auditors to interview Commission Members for financial audit 

Lottery Headquarters 

3 12 MacCorkle Avenue 

Charleston, WV 

April 25,2008 9:00 AM 

1 Charleston, WV 

Committee meetings ] April 23,2008 9:00 AM 

Board Meeting; an agenda will be available 5 days before the meeting by 

contacting Cora Massey at curtisc@marshall.edu 

Regularly Scheduled Quarterly Meeting 

Memorial Student Center 

various rooms for 5 committees 

April 23,2008 10:30 AM 

Memorial Student Center 

Shawkey Room 

April 30, 2008 1 I :00 AM 

DMAPS Conference Room 

1900 Kanawha Blvd. E. 

State Capitol Complex, 

Bldg. 1 West Wing Rm 400 

Charleston, WV 25305 Q) 

pen Government~l Proceedings Act ak00 
MEETING NOTICES Q, 

Open Governmental Proceedings Act 56-9A et seq. 0, 

Agency I Date Filed [ Purpose Meeting Date/Location 

"This meeling waspled late and does not comply wiilr the Open Governmental Proceedings Act 

April 24,2008 9:00 AM 

WV Office of Miners' Health, Safety & 

Training 

16 15 Washington Street, East 

Charleston, WV 253 1 I 

April 23,2008 10:OO AM 

WV Office of Miners' Health, Safety & 

Training 

161 5 Washington Street, East 

Charleston, WV 253 1 1 

April 24,2008 1 :30 PM 

Office of Cabinet Secretary 

Department of Revenue, Conference Room 

Suite 300 West Wing 

Capitol Building 

April 25,2008 9:30 AM 

Stonewall Resort 

Kanawha Room 

Roanoke, WV 

April 29,2008 10:OO AM 

Board office 

416 Airport Road, Suite 1 

Sutton, WV 2660 1 

April 23,2008 8:00 AM 

202 Tunnelton St., Suite 303 

Kingwood, WV 26537 

April 24, 2008 10:OO AM 

Capitol Complex 

Building Five, Room 122 

April 29,2008 10:OO AM 

PUBLIC SERVICE COMMISSION 

BUILDING 

201 BROOKS STREET 

HEARING ROOM NO. 2 (1 ST FLOOR) 

CHARLESTON, WV 

Monthly task force meeting. 

Monthly task force meeting. 

Regular tri-annual meeting 

To conduct regular Board business as it pertains to the licensure and any 

discipline action of licensed DOslPAs in WV; to review complaints that 

have been initiated; and for any other general Board business requiring 

immediate attention. The agenda will be posted at the Board office in 

Weirton, WV three days prior to the meeting. 

regular board business and complaint disposition 

Board of Directors Quarterly Meeting 

To discuss port activities 

This will be a regular monthly meting of the TAAFRC The agenda is below: 

1. Roll call and dttermination of whether 1 voting quorum is prcrent.; 2. Appmvd of minutes of previous meeting.; 3. 

Financial report.; 4. Media item, if any. 5 WTAAF maum dealt with by my TAAFRC member due to ouuide 

contau.; 6. Stalua rrports regarding uncampleted Pmjcctr which have reoeivcd grant funds: 

a TAF BOONE MA ..WASHBURN POW -; b. TAF HMSHIREO6A..CACAPON MOUNTAIN -; c. TAF 

LINCOLN 06A ... HARTS -; d TAF MINERAL MA...PMACLE KNOB; e. TAFCABELL07A .. SALT 

ROCK. f TAF LOGAN 07A .. CHEF LOGAN; g TAF MARLON O7A .. WHETSTONE. HILL; 8. Cellular 

Repmntalivc Joseph Divis; Executive Director-Exttmab mairs AT&?; m. Di~ focuses primarily on wireless imes 

for AT&T in the Atlantic Region, which runs from the Virginiar lo Nm England. He cm to AT&T fmm Cingular 

Wjiclcss whrt he has worked on public policy issues aKocting the wireIess indunry both in Ihe Midwrrt and iht MidAtlenlic Rtgions since joining one ofcingulars prcrlcccssor mmpanies in 1995. In that capcity, he has wwkcd on issues 

mging horn public safety, cansurnn &aim and taxes, to znning and antmna siting. itcycling and regulaloly affairs.; 

Rwiwsly, Mr. Divis worked in the non-profit, government and mdia scclon He is a gradulc of Shippensburg 

Univasity (PA) ; 9. Additional items ar appropriate.; 10 Ntxl mMing will be held at lO:O(l am, in thc small first floor 

confcrcncc room ofthe WVPSC Building (201 Brook Street. Charltston, WV), on Tuesday. April 29.2008. 

NOlE Order andlor wbjtct maner of agenda items may change during he meting. 

Miners' Health, Safety & Training 

Mine Safety Technology Task Force 

Miners' Health, Safety & Training 

Mine Safety Technology Task Force 

Municipal Bond Commission 

Osteopathy, Board of 

Professional Surveyors 

Public Defender Corporation 18th 

Board of Directors 

Public Port Authority 

WV Public Port Authority Board 

Meeting 

PUBLIC SERVICE 

COMMISSION 

TOWER ACCESS ASSSTANCE 

FWD REVIEW COMAfITTEE 

(TAA FRC) 

4/1/2008 

4/1/2008 

4/1/2008 

411 0/2008 

4/9/2008 

3/19/2008 

3/25/2008 

4/15/2008 
MEETING NOTICES 

Open Governmental Proceedings Act $6-9A et seq. 

*This meting was filed lafe and does not comply with the Open Governmental Proceedings Act 

Agency I DateFiled I Purpose 

Putnam County Development 

Authority 

Board of Directors 

Recreational Trails Advisory Board 

Taylor County Solid Waste 

Authority 

Treasury Investment, Board of 

Treasury Investments, Board of 

Personnel Committee 

Treasury Investments, Board of 

Investment Committee 

Treasury Investments, Board of 

Personnel Committee 

Meeting Datenocation 

313 1/2008 

2/27/2008 

4/16/2008 

4/ 1612008 

4/16/2008 

4/ 16/2008 

4/16/2008 

Regularly Scheduled Monthly Meeting 

To assign scores to grant appIications for the FY2008 Recreational Trait 

Program hnding. Also to approve Water Trail Designation procedures 

and grant provisional status to streams covered by FY 2008 applications. 

Quarterly Meeting 

Quarterly Board Meeting - Agenda 

I. Call to Order; 11. Roll Cali Declare Quorum; 

111. Approval of Minutes of the January 3 1, 2008 Board Meeting; IV. 

Executive Director Report; 

V. Reports; a. Audit Committee; i. Report; 

b. Investment Committee; i. Report; c. Personnel Committee; i. Report; 

VI. Center for Public Finance; VII. Strategic Plan; VIII. Old Business; 

IX. New Business; X. Next Board Meeting July 3 1,2008 (Tentative); 

Adjourn 

Quarterly Committee Meeting - Agenda 

I. Call to Order; 11. Roll Call Declare Quorum; 

111. Approval of Minutes of the January 3 1,2008 Meeting; IV. Staff CPA 

Achievement; V. OId Business; VI. New Business; VII. Set next 

Committee Meeting; VIII. Adjourn 

Quarterly Meeting - Agenda - I. Call to Order; 

11. Roll Call Declare Quorum; 111. Approval of Minutes of the January 

3 1, 2008 Meeting; 

IV. Securities Lending & Custodian Fee Reduction; 

V. Investment Performance; VI. Investment Consultant Reports; VII. 

UBS Presentation 

VIII. WV Short Term Bond Pool Update; rX. Old Business; X. New 

Business; XI. Set next Committee Meeting; XII. Adjoum 

Quarterly Meeting - Agenda 

I. Call to Order; 11. Roll Call Declare Quorum; 

111. Approval of Minutes of the January 3 1,2008 Meeting; IV. Staff CPA 

Achievement; V. Old Business; VI. New Business; VII. Set next 

Committee Meeting; Adjourn 

April 24,2008 4:30 PM 

Putnarn Chamber of Commerce Building 

5664 State Route 34 

Winfield, WV 252 13 

April 26, 2008 8:30 AM 

Building 5, Room 122 

State Capitol Complex 

Charleston, WV 25305-0430 

April 23,2008 1 1 :00 AM 

Taylor County Fairgrounds 

Route 50 

Grafton, WV 26354 

April 30,2008 12:30 PM 

WV Water Development Authority 

180 Association Drive 

Charleston, WV 253 1 1 

April 30,2008 12:OO PM 

WV Water Development Authority 

180 Association Drive 

Charleston, WV 253 1 1 

April 30, 2008 11:OO AM 

WV Water Development Authority 

180 Association Drive 

Charleston, WV 253 1 1 

April 30,2008 12:OO PM 

WV Water Development Authority 

180 Association Drive 

Charleston, WV 253 I 1 
MEETING NOTICES m 

Open Governmental Proceedings Act $6-9A et seq. 4 

A 

*This meting was filed late arid does not comply with the Open Governmental Proceedings Act 

Agency ] Date Filed I Purpose 

Treasury Investments, Board of 

Audit Committee 

West Liberty State College 

Board of Governors Executive 

Committee 

West Virginia Northern 

Community College 

West Virginia State University 

Board of Governors 

Meeting Datenocation - 

41 1 6/2008 

3/28/2008 

411012008 

4/14/2008 

Quarterly Audit Committee Meeting 

Agenda - I. Call to Order, 11. Roll Call Declare Quorum, 111. Approval of 

Minutes, IV. Financial Statements, V.Comprehensive Annual Financial 

Report V1. Gibbons & Kawash Audit Plan 2008, WI. Audit RFP 

Schedule, VIII. Budget to Actual, U(. Fiduciary Bond, X. Internal Audit 

Report, XI. Old Business, XII. New Business, XIII.Set next Committee 

Meeting, XIV. Adjourn 

Discuss upcoming Board meeting agenda items. 

Monthly meeting. The agenda is as follows: student presentation; 

approval of revised minutes of February 28,2008 and March 27,2008; 

hearings and petitions; funding from the state; funding for technology 

building; health sciences money; President's report of activities for month 

of March; budget proposal on second reading; tuition increases; Compact 

update; enrollments report; Oracle/Banner negotiations; commencement; 

Save A Life event; Bookstore Rule on fvst reading; possible executive 

session (legal) 

To recieve informational reports and consider the following action items: 

approval to award an honor degree; approval of new option in Behavioral 

Sciences; approval to change the name of an academic department; final 

approval of BOG Policy No. 58-Bookstore; four program reviews for 

A.A.S. Degree programs; approval of WVSU and WVSCTC tuition and 

student fees for FY 2009; approval of FY 2009 salary increases for 

WVSU and WVSCTC employees; and, WVSU Financial Plan of Action. 

April 28,2008 9:00 AM 

WV State TreasureI's Office 

1900 Kanawha Blvd., E. 

Bldg. 1, Room EB-54 

Charleston, WV 253 I1 

April 23,2008 8:00 AM 

Vance Memorial Presbyterian Church 

Conference Room B 

905 National Road 

Wheeling, WV 

April 24,2008 5:00 PM 

Wheeling Campus - Room 116 

B&O Board Room 

April 24, 2008 3:00 PM 

Grand Hall 

WVSU Erickson Alumni Center 

Institute, WV 
t PRICE LIST I I 1 AGENCY 

Water Resources 

(47-2A) 

RULE/ORDER 

Designation of Tier 3 Waters 

AMOUNT 1 

$3.20 
OFFICE OF THE SECRETARY OF STATE 

STATE OF WEST VIRGINIA 

Betty Ireland 

Secretary of State 

GUIDE FOR USING THE RULE MONITOR IN THE STATE REGISTER 

Column 

Column 

Column 

Column 

Column 

Column 

Column 

Column 

Column 

Column 

Agency Name, (Title and Series Number) 

Rule Title, Price and Type 

Date Notice of Public Hearing or Comment Period Filed 

Date of Public Hearing or Last Date Comments Will Be Received 

Date Emergency Rule Filed, Emergency Amendments Filed, Emergency Rule Decision 

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

Date Agency Approved Legislative Rules Filed. 

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 

Legislative Action 

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

Step for Procedural & lnterpretive Rules 

Date Rule is Effective - -- . . . . 

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

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 

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 effective date appears in Column 10, the rule will be removed from 

the monitor after the rule is distributed in the loose leaf version of the Code of State Rules 

Building 1, Suite 157-K 

1900 Kanawha Blvd., East 

Charleston, West Virginia 25305 
CROSS REFERENCE OF RULE MONITOR TlTLE NUMBERS AND AGENCIES 

TITLE NUMBER NAME OF AGENCY 

TlTLE 4 

TITLE 5 

TlTLE 10 

TITLE 14 

TITLE 18 

TlTLE 19 

TITLE 22 

TlTLE 23 

TlTLE 26 

TlTLE 28 

TlTLE 29 

TlTLE 32 

TITLE 33 

TlTLE 36 

TITLE 38 

TlTLE 42 

TITLE 45 

TlTLE 46 

TlTLE 47 

TlTLE 58 

TlTLE 61 

TlTLE 64 

TlTLE 65 

TlTLE 69 

TITLE 81 

TlTLE 82 

TlTLE 85 

TlTLE 86 

TlTLE 90 

TlTLE 91 

TlTLE 96 

TlTLE 102 

TlTLE 103 

TlTLE 110 

TlTLE 112 

TITLE 114 

TlTLE 115 

TITLE 117 

TlTLE 126 

TlTLE 133 

TITLE 135 

TITLE 143 

TlTLE 144 

TlTLE 147 

TlTLE 148 

TITLE 149 

TlTLE 150 

TlTLE 153 

TITLE 156 

TlTLE 157 

TlTLE 158 

TlTLE 161 

TlTLE 162 

TlTLE 164 

TITLE 175 

TlTLE 178 

TlTLE 179 

TITLE 188 

TlTLE 191 

TlTLE 199 

TlTLE 204 

CHIROPRACTIC EXAMINERS 

DENTAL EXAMINERS 

LICENSED PRACTICAL NURSES 

WV 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 AUTHORITY 

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 

COMMUNITY & 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 AUTHORITY 

ALCOHOL BEVERAGE CONTROL COMMISSION 

RACING COMMISSION 

LOTTERY 

CAPITOL BUILDING COMMISSION 

FAMILY PROTECTION SERVICES BOARD 

EXPLOSIVES AND BLASTING 

HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY 
RULE MONITOR 07 

4 

AGENCYISERIES NO RULE NOTICE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE U1 

Acupuncture 

-- 

Disciplinary and Complaint 51212007 611 212007 711 712007 Modified & SB 349 411 612008 411 612008 

procedures for ~cu~uncturists 

$3.60 

Legislative 

Approved 

101812007 

Filed 

1 11612007 

Acupuncture 

--- 

Continuing Education Requirements 5/2/2007 611212007 711 712007 Modified 8 411 612008 411612008 SB 349 

$3.40 

Legislative 

Approved 

1 01812007 

Filed 

1 11612007 

Administration Leasing Space on Behatf of State 6/25/2007 7/24/2007 712712007 Approved 4209 411 112008 71112008 

(1 48-2) Spending Units 101912007 

$2.40 

Legislative 

Administration Leasing of Space and Acquisition of 6/22/2007 712112007 612512007 7/27/2007 Modified & 4209 411 212008 71112008 

(148-1 9) Real Property on Behalf of State Approved 

Spending Units ?0/9/2007 

$4.00 Filed 

Legislative I 1/2/2007 

Administration Controlling the Public Land 612512007 712412007 712712007 Modified & HB 4209 411 112008 7/1/2008 

Corporation's Sale, Lease, 

Exchange or Transfer of Lands and 

Minerals 

$3.00 

Approved 

11/27/2007 

Filed 

1212112007 

Legislative 

Agriculture Frozen Desserts and Imitation 6/13/2007 7/13/2007 611 32007 712412007 Approved 4/8/2008 71112008 SB 349 

(61-48) Frozen Desserts Approved 812012007 

$4.40 6/21/2007 

Legislative 

Auctioneers 4/26/2007 513 112007 612912007 Modified & SB 349 

Agriculture 411 012008 711 12008 

(61-1 18) $3.40 Approved 

Legislative 812012007 

Filed 

8128/2007 

Fee Structure for the Pesticide 611 312007 711 312007 7/24/2007 Approved SB 349 

Agriculture 41812008 711 12008 

(61-12) Control Act of 1990 812012007 

$2.60 

Legislative 
RULE MONITOR 

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

Agriculture West Virginia Plant Pest Act Rule 6/27/2007 712712007 7/27/2007 Modified & SB 349 4/9/2008 71112008 

(6 1 -1 4) $9.00 Approved 

Legislative 812012007 

Filed 

8/27/2007 

Agriculture Inspection of Meat and Poultry 511 012007 611 812007 612612007 Approved 4182008 711 12008 SB 349 

(61-?6) $3.60 812012007 

Legislative 

Air Quality To Prevent and Control of Air 61612007 71912007 7/26/2007 Approved SB 373 

(45-6) Pollution from Combustion of 1/6/2008 

Refuse 

$13.80 

Legislative 

Air Quality Ambient Air Quality Standards for 6/6/2007 7/9/2007 7/26/2007 Modified & SB 373 

(45-8) Sulfur Oxides and Particulate Matter Approved 

$3.40 11612008 

Legislative Filed - - 

1/14/2008 

Air Quality Ambient Air Quality Standards for 1111412007 12/17/2007 1211 912007 Approved SB 373 

(45-9) Carbon Monoxide and Ozone 1 /612008 

$4.60 

Legislative 

Air Quality Ambient Air Quality Standard for I 1/14/2007 1211 712007 1211 912007 Approved SB 373 

(45-1 2) Nitrogen Dioxide 1 1612008 

$4.60 

Legislative 

Air Quality Emission Standards for Hazardous 1 111412007 1211 712007 1211 912007 Approved SB 373 

(45-1 5) Air Pollutants Pursuant to 40 CFR 2/7/2008 

part 61 

$4.60 

Legislative 

Air Quality Standards of Perfomlance for New 61612007 71912007 712612007 Approved SB 373 

(45-1 6) Stationaty Sources 1 Dl2008 

$24.60 

Legislative 

Air Quality To Prevent and Control Emissions 6/6/2007 71912007 7/26/2007 Approved SB 373 

(45-1 8) from Commercial and Industrial 11712008 

Solid Waste Incineration Units 

$42.40 

Legislative 

Air Quality To Prevent and Control Emissions 1111412007 12/17/2007 1211 912007 Approved SB 373 

(45-24) from Hospital/MedicaIlfnfectious 1/7/2008 

Waste Incinerators 

$5.80 

Legislative 0, 

4 

(3, 
RULE MONITOR 

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

Air Quality To Prevent and Control Air Pollution 6/6/2007 71912007 712612007 Approved SB 373 

(45-25) From Hazardous Waste Treatment, 1/8/2008 

Storage, or Disposal Facilities 

$50.20 

Legislative 

Air Quality Emission Standards for Hazardous 61612007 71912007 712512007 Approved SB 373 

(45-34) Air Pollutants 11812008 

$91.20 

Legislative 

Air Quality Control of Annual Nitrogen Oxide 6/6/2007 71912007 712612007 Approved SB 373 411412008 5/1/2008 

(45-39) Emissions to Mitigate Interstate f 1812008 

Transport of Fine Particulate Matter 

and Nitrogen Oxides 

$9.60 

Legislative - -- -- 

Air Quality Control of Ozone Season Nitrogen 61612007 71912007 712612007 Modified & SB 373 411412008 51112008 

(4540) Oxide Emissions to Mitigate Approved 

Interstate Transport of Ozone and 11612008 

Nitrogen Oxides Filed 

$1 1 .SO 111 412008 

Legislative 

Air Quality Control of Annual Sulfur Dioxide 61612007 71912007 712612007 Approved SB 373 411 412008 51112008 

(45-41) Emissions to Mitigate Interstate 1 1612008 

Transport of Fine Particulate Matter 

and Sulfur Dioxide 

$8.80 

Legislative 

Atr Quality Greenhouse Gas Emissions 61612007 7/9/2007 7/26/2007 Modified 8 SB 373 

(45-42) Inventory Program Approved 

$3.00 11612008 

Legislative Filed 

111 412008 

Alcohol Beverage Retail Licensee Operations 513012007 71212007 7/26/2007 Modified & SB 417 

Control Commission $6.60 Approved 

(175-1) Legislative 11712008 

Filed 

112212008 

Alcohol Beverage Farm Wineries 

Control Commission $5.20 

(? 75-3) Legislative 

712612007 Modified & SB 417 

Approved 

1 R12008 

Filed 

112212008 

Alcohol Beverage Sale of Wine 

Control Commission $13.50 

(175-4) Legislative 

7/26/2007 Modified & SB 417 

Approved 

1/7/2008 

Filed 

112212008 
-- 

RULE MONITOR -- 

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

Audttor's Office Standards for Requisitions for 6121 12007 712312007 7/25/2007 Modified & SB 349 418J2008 4/8/2008 

(1 55-1) Payment Issued by State Officers Approved 

on the Auditor 101812007 

$3.40 Filed 

Legislative 1011 812007 

Auditots Off~ce State Purchasing Card Program 6/21 12007 7/23/2007 712512007 Modified & SB 349 41712008 41712008 

(1 55-7) $4.00 Approved 

Legislative 101812007 

Filed 

1011 812007 

Coat Mine Health and Responsibility for Care and 1011 012007 ?111412007 

Safety Maintenance of Equipment 

(36-1 8) $3.00 

Legislative 

Coal Mine Health and Rules and Regulations Governing 1011012007 1 111412007 

Safety Surface Areas 

(36-27) $4.00 

Legistative 

Consolidated Public General Provisions 6H 112007 711 112007 712412007 A~~roved HB 4209 

Retirement Board $4.60 I 0;812007 

(162-1) Legislative 

Consolidated Public Benefit Determination and Appeal 612 112007 711 112007 712412007 Approved HB 4209 

Retirement Board $4.60 101812007 

(1 62-2) Legislative 

Consolidated Public Teachers' Defined Contribution 611 112007 711 If2007 7/2412007 Approved HB 4209 

Retirement Board System 101812007 

(1 62-3) $4.80 

Legislative 

Consolidated Public Teachers' Retirement System 611 112007 711 112007 712412007 Approved HI3 4209 

Retirement Board $5.20 101812007 

(1 62-4) Legislative 

Consolidated Public Public Employees Retirement 6/11/2007 711 112007 712412007 Modified & HB 4209 

Retirement Board System Approved 

(1 62-5) $3.80 101812007 

Legislative Filed 

1 11212007 

Consolidated Public Refund, Reinstatement, Retroactive 6H 112007 711 112007 

Retirement Board Service and Loan Interest Factors 

(I 62-7) $4.60 

Legislative 

712412007 Approved HB 4209 

101812007 

Consolidated Public West Virginia State Police 611 112007 711 112007 712412007 Modified & HB 4209 

Retirement Board $3.80 Approved 

(1 62-9) Legislative 1112612007 

Filed 

11412008 Q, 

V 
RULE MONITOR Q, 

4 

NOTICE HEARING EMER RULE SEClSTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE w 

AGENCYISERIES NO RULE 

Consolidated Public Deputy Sheriff Retirement System 611 112007 7/11/2007 

Retirement Board $5.40 

(162-1 0) Leaislative 

712412007 Approved HE 4209 

101812007 

- - 

Dental Examiners Rule for West Virginia Board of 6/7/2007 71912007 711 912007 Modfied 8 SB 349 3/27/2008 41112008 

(5-1 Dental Examiners Approved $5.00 101812007 

Legislative Filed 

? 011 712007 

Education Parent. Family and Community 111 112008 213 112008 311 312008 711 12008 

(1 26-1 1A) Involvement in Education (2200) 

$9.60 

Education Participation in Extracurricular 1 111 512007 1211 712007 

(1 26-26) Activities (2436.10) 

$3.60 

Legisfative 

Education Issuance of the State of WV High 1211312007 111 4M008 311 312008 71112008 

(1 26-32) School Equivalency Diploma Based 

Upon Passages of the General 

Educational Develop (GED) Tests 

(2444.4) 

$17.00 

Legislative 

Education Uniform Grading (2515) 111 112008 211 112008 411 112008 71112008 

(126-37) $8.40 

Legislative 

Education Assuring the Quality of Education: 311312008 4/14/2008 

(126-42) Regulations for Education Programs 

(251 0) 

$14.70 

Legislative 

Education 21 " Century Reading and English 101412006 111312006 1 111 512006 711 12008 

(1 26-44A) Language Arts Content Standards 

and Objectives for West Virginia 

Schools (2520.1) 

$23.10 

Legislative 

Education 21'' Century Mathematics Content 101412006 1 11312006 1111 512006 71112008 

(1 26-448) Standards and Objectives for West 

Virginia Schools (2520.2) 

$37.70 

Legislative 

Education 21" Century Mathematics Content 8H 312007 912612007 1 112612007 711 12008 

(126-448) Standards and Objectives for West 

Virginia Schools (2520.2) 

$24.80 

Legislative 
RULE MONITOR 

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

Education 21' Century Science K-8 Content 101412006 1 11312006 'l111 512006 71112008 

(1 26-44C) Standards and Objectives for West 

Virginia Schools (2520.3) 

$1 5.50 

Legislative 

Education 21* Century Social Studies Content 111212007 211 212007 311 6/2007 711 12008 

(1 26-44D) Standards and Objectives for WV 

Schools (2520.4) 

$19.00 

Legislative 

Education 21' Century Health Education 5-1 2 111 a2007 2/12/2007 31 912007 7/1/2008 

(I 26-44E) Content Standards and Objectives 

for WV Schools (2520.5) 

$13.80 

Legislative 

Education 21' Century Physical Education 5- 111 212007 211 212007 

(1 26-44F) 12 Content Standards and 

Objectives for WV Schools (2520.6) 

$12.70 

Legislative 

Education 21'' Century Foreign Language 111212007 211 212007 611 512007 711 12008 

(1 26-44G) Content Standards and Objectives 

for W Schools (2520.7) 

$14.40 

Legislative 

Education 21 * Century Driver Education 111 212007 211212007 

(1 26-44H) Content Standards and Objectives 

for WV Schools (2520.8) 

$5.80 

Legislative 

Education 21dCentury Dance Content 111 212007 211212007 

(126-441) Standards and Objectives for WV 

Schools (2520.9) 

$8.40 

Legislative 

Education 21* Century Music Content 111 212007 211 212007 

(1 26-443) Standards and Objectives for WV 

Schools (2520.10) 

117.80 

Legislative 

Education 21" Century Theatre Content 111 212007 211 212007 

(1 26-44K) Standards and Objectives for WV 

Schools (2520.1 1) 

59.00 

Legislative 
RULE MONITOR - 

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

Education 21 " Century Visual Art Content 111 212007 2/12/2007 

(1 26-44L) Standards and Objectives for WV 

Schools (2520.12) 

$20.40 

Legislative 

Education 21' Century Learning Skills and 101412006 1 11312006 1 2/?512006 71112008 

(126-44N) Technology Tools Content 

Standards and Objectives for West 

Virginia Schools (2520.?4) 

$12.50 

Legislative 

Education 21' Century Science 9-12 Content 1 7/1/2006 1211 12006 12/1512006 711 12008 

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

Schools (2520.35) 

$16.10 

Legislative 

Education 21' Century Science 9-12 Content 111 112008 211 112008 3/13/2008 711 12008 

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

Schools (2520.35) 

$18.60 

Legislative 

Education 21" Century American Sign 111212007 211 212007 3H 612007 71112008 

(126-44s) Language Content Standards and 

Objectives for WV Schools 

(2520.1 8) 

$14.10 

Legislative 

Education 2ld Century Wellness PreK4 111 212007 211 212007 311 912007 711 12008 

(1 26-44T) Content Standards and Objectives 

for WV Schools (2520.55) 

$27.70 

Legislative 

Education Attendance (41 10) 2/24/2008 3/17/2008 411 112008 511 212008 

(1 26-8 1 ) $8.60 

Leoislative 

Education Standards for School Nutrition 1 111 512007 1211 712007 

(1 26-86) (4321.1) 

$27.80 

Legislative 

Education Purchasing Procedures for Local 1 111 512007 1 211 712007 111 112008 211 112008 

(1 26-202) Educational Agencies (8200) 

$1 5.00 

Legislative 

Election Commission Corporate Political Activity 612812007 712712007 7/27/2007 Modified 8 SB 349 411 0/2008 411 012008 

(146-1) $3.80 Approved 

Legislative 1 112612007 

Filed 

12/7/2007 
RULE MONITOR 

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

Election Commission Regulation of Campaign Finance 612812007 7/27/2007 712712007 Modified & SB 349 411 012008 411 012008 

(146-3) $4.60 Approved 

Legislative 1 ? 12612007 

Filed 

12/7/2007 

Election Commission Election Expenditures 612812007 7/27/2007 7/27/2007 Modified & SB 349 411 012008 411 0/2008 

(1 46-4) $3.00 Approved 

Legislative 1 1/26/2007] 

Filed 

12/7/2007 

Environmental Voluntary Remediation and 6/5/2007 711 212007 7/26/2007 Approved SB 373 

Protection, Secretary's Redevelopment Rule 101912007 

Office $1 9.90 

(60-3) Legislative 

Environmental Antidegradation Implementation 5/30/2007 711 612007 712712007 Approved SB 456 411 112008 71112008 

Protection, Secretary's Procedures wlAmendments 

Office $4.60 1/8/2008 

(60-5) Legislative 

Environmental Environmental Excellence Program 6/5/2007 711 712007 712712007 Approved SB 373 41412008 71112008 

Protection, Secretary's Rute 101912007 

Office $4.80 

(60-8) Legislative 

Ethics Commission Solicitation and Receipt of Gifls and 5/8/2007 6/7/2007 7/26/2007 Mod fied HB 4209 

(1 58-7) Charitable Contributions by Pubtic wtamendments 8 

Employees and Officials Approved 

$4.20 11812008 

Legislative Filed 

111 512008 

Explosives and West Virginia Explosives and 5/31/2007 711 012007 7/26/2007 Modified S SB 373 411 012008 711 12008 

Blasting Blasting Rule Approved 

(199-1 ) $8.00 1211 112007 

Legislative Filed 

1211 912007 

Fire Marshal's Office Supervision of Fire Protection Work 6/26/2007 7/25/2007 712612007 Modified & HB 4206 

(1 03-3) $4.20 Approved 

Legislative 12/8/2007 

Filed 

111612008 

Funeral Service Funeral Director, Embalmer, 6/27/2007 712712007 712712007 Modified & SB 349 313112008 313 112008 

Examiners Apprentice, Courtesy Card Holders Approved 

(6-1 and Funeral Establishment 11127/2007 

Requirements Filed 

57.20 12/7/2007 

Legislative 
RULE MONITOR Q, 

rn 

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

Health Food Establishments 6/25/2007 712512007 7/27/2007 Modified & SB 398 41212008 4/2/2008 

(64-1 7) $3.20 Approved 

Legislative 1 f 12712007 

121712007 

Health Water Well Regulations 6/25/2007 7/25/2007 7/27/2007 Modified & SB 398 412/2008 4/2/2008 

(64-1 9) $5.20 Approved 

Legislative 12/8/2007 

Filed 

12/19/2007 

Health 

(64-46) 

Water Well Design Standards 6/27/2007 7/27/2007 

$6.40 

Legislative 

712712007 Modified & SB 398 41212008 4/2/2008 

Approved 

1 112712007 

Filed 

-- - 

Health Emergency Medical Sewices SB 398 4/2/2008 4/2/2008 

(64-48) $1 1.40 

Legislative 

Health 

(64-54) 

Hospice Licensure Rule 6/27/2007 7/27/2007 

$9.40 

Legislative 

7/27/2007 Modified & 58 398 411 112008 5/1/2008 

Approved 

1 1/27/2007 

Filed 

12/6/2007 

Health 

(64-90) 

- 

Regulation of Opioid Treatment 6/27/2007 7/27/2007 712712007 712712007 Modified & SB 398 411 112008 411 112008 

Programs Approved 

$10.80 1 1/27/2007 

legislative Filed 

1 21612007 

Health 

(64-91) 

- - 

Newborn Screening System 6/27/2007 7/27/2007 6/27/2007 7/27/2007 Modified 8 SB 398 4/2/2008 4/2/2008 

$3.20 Effective Approved 

Legislative 8/8/2007 1 1/27/2007 

Filed 

1 m/2007 

Health 

(64-92) 

Clandestine Drug Laboratory 6/25/2007 7/25/2007 

Remediation 

$3.80 

Legislative 

7/27/2007 Modified & SB 398 41212008 4/2/2008 

Approved 

1 1/27/2007 

Filed 

12/7/2007 

Hearing Aid Dealers Rule Governing the WV Board of 6/22/2007 7/24/2007 

(8-1 Hearing Aid Dealers 

$3.80 

Legislative 

7/25/2007 Modified & SB 349 

Approved 

1112712007 

Filed 

1/3/2008 

Highways Regulations Pertaining to Particular 1 112712007 1 2/31 12007 

(1 57-1) Functions of the Commissioner of 

Highways 

$6.80 

Procedural 
RULE MONITOR 

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

Highways Construction and Reconstruction of 512312007 612512007 

(1 57-3) State Roads 

$14.20 

Legislative 

Modified & HB 4244 

Approved 

121912007 

Filed 

Highways Traffic and Safety Rules 5/23/2007 612512007 

(I 57-5) $5.40 

712712007 Approved HB 4244 41212008 4/2/2008 

121912007 

Legislative 

Highways Use of State Road Rights of Way 8 611912007 7/23/2007 7/27/2007 Approved HB 4244 

(1 57-6) Adjacent Areas 121912007 

$20.60 

Legislative 

Highways Transportation of Hazardous 5/23/2007 6/25/2007 712712007 Approved HB 4244 

(1 57-7) Wastes Upon the Roads and 12/9/2007 

Highways 

$4.60 

Legislative 

Human Senrices Child Care Center Licensing 1011 712007 1 111 612007 9/27/2007 

(78-1) $1 7.30 Approved 

Legislative 20/22/2007 

Expired 

12/26/07 -- 

Insurance Commission Licensing and Condud of fnsurance 513012007 71212007 712712007 Approved SB 417 

(1 14-2) Producers, Agencies and Solicitors 1 1/26/2007 

$6.20 

Legislative 

Insurance Commission Fingerprinting Requirements for 513012007 71212007 712712007 Modified & SB417 

(1 14-2A) Applicants for Insurance Producer Approved 

License 1112612007 

$3.00 Filed 

Legislative 12/7/2007 

Insurance Commission Replacement of Life Insurance 513012007 71212007 712712007 Modified & SB 417 

(I 14-8) Policies and Annuity Contracts Approved 

$6.20 1 112612007 

Legislative Fifed 

121712007 

lnsurance Commission Advertisement of Life lnsurance and 513012007 71212007 

(114-11) Annuities 

$5.60 

Legislative 

712712007 Modified & SB 417 

Approved 

1 112612007 

Filed 

12/7/2007 

Insurance Commission Life Insurance Disclosures 513012007 71212007 

(114-11A) $4.80 

Legislative 

-- 

7/27/2007 Modified & SB417 

Approved 

1 112612007 

Filed 

121712007 
RULE MONITOR (51 m 

AGENCYISERIES NO RULE NOTICE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTfVE 

lnsurance Commission Suitability in Annuity Transactions 513012007 71212007 

(1 14-1 18) $3.60 

Legislative 

712712007 Modified & SB 417 

Approved 

1 1/26/2007 

Filed 

121712007 

Insurance Commission Life Insurance Illustrations 513012007 71212007 

(1 14-1 1 C) $5.60 

Legislative 

712712007 Modified 8 SB 417 

Approved 

1 112612007 

Filed 

12/7/2007 

Insurance Commission Examiners and Examinations 513012007 71212007 

(114-15) $7.20 

Leaislative 

- - -- -- - -- 

712712007 Approved SB 417 

1 112612007 

lnsurance Commission Guaranteed Loss Ratios as Applied 513012007 71212007 

(1 14-31) to Individual Sickness and Accident 

lnsurance Policies 

$3.80 

Legislative 

712712007 Modified & SB 417 

Approved 

1 1 126i2007 

Filed 

121712007 

insurance Commission Mental Health Parity 5130/2007 71212007 712712007 Approved SB417 

(1 14-64) $5.40 1 112612007 

Legislative 

lnsurance 

(1 14-69A) 

-- 

Recognition of Preferred Mortality 513012007 71212007 312212007 712712007 Modified 8 SB 417 

Tables for Use in Determining Approved Approved 

Minimum Reserve Liabilities 41312007 1 I12612007 

$3.00 Expired Filed 

Legislative 4/23/2007 121712007 

Insurance Military Sales Practices 611912007 711 912007 

(1 14-82) $4.40 

Legislative 

7/27/2007 Modified & SB 417 

Approved 

1 112612007 

Filed 

121712007 

Labor 

(42-3) 

Steam Boiler Inspection 6/27/2007 7/27/2007 

$4.60 

Legislative 

7/27/2007 Modified & HB 4255 

Approved 

1 1/28/2007 

Filed 

1 2/7/2007 

Labor 

(42-3 1 ) 

Verifying the Legal Employment 6127i2007 7/27/2007 

Status of Workers 

$3.00 

Legislative 

7C2712007 Modified & HB 4255 

Approved 

I112812007 

Filed 

12/7/2007 

Labor Supervision of Plumbing Work 612712007 7127i2007 712712007 Modified & HE 4255 

(42-32) $3.00 Approved 

Legislative 1212812007 

Filed 

12i712007 
RULE MONITOR 

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

Lottery Commission Racetrack Table Games Rule 61? 312007 711 612007 611 312007 712712007 Modified & SB 417 411 412008 71112008 

(1 79-8) $17.90 Effective Approved 

Legislative 712512007 1112812007 

Amendment Fi[ed 

81212007 12/26/2007 

Amendment 

Withdrawn 

911 012007 

Amendment 

911 212007 

Effective 

1012412007 

Massage Therapy General Provisions 61812007 7/8/2007 711612007 Approved SB 349 41412008 7H 12008 

Licensure Board $3.60 8i2012007 

(194-1) tegislative 

Medical Imaging 8 Rule of the WV Medical lmaging 611 512007 711 712007 711 812007 Modified & SB 349 313 112008 411 512008 

Radiation Therapy and Radiation Therapy Technology Approved 

Tech. Bd. Of Bd. Of Examiners 101812007 

Examiners $3.40 Filed 

(1 8-1) Legislative 10/16/2007 

Medical Imaging B Continuing Education 611512007 711 712007 711 8/2007 Modified & SB 349 3/31 12008 411 512008 

Radiation Therapy $4.00 Approved 

Tech. Bd. Of Legislative 101812007 

Examiners Filed 

(1 8-2) 1011612007 

Medical Imaging & Standard of Ethics 611 5l2007 711 712007 711 812007 Modified & SB 349 313112008 411 512008 

Radiation Therapy $3.40 Approved 

Tech. Bd. Of Legislative 101812007 

Examiners Filed 

(? 8-5) 1011 612007 

Medicine Continuing Education for Physicians 511 712007 6/25/2007 711 012007 Approved SB 349 41412008 711 12008 

(1 1-6) and Podiatrists 1 1/27/2007 

$3.00 

Legislative 

Medicine Collaborative Pharmacy Practice 912712006 111312006 1 11812006 Modified b SB 349 41412008 71112008 

111-8) $3.80 Approved 

Legislative 101912007 

Filed 

10/10/2007 - 

Medicine Certification, Disciplinary and 511 712007 612512007 711 912007 Modified & SB 349 41412008 71?12008 

(1 'I -9) Complaint Procedures, Continuing Approved 

Education, Radiologist Assistants 1 112712007 

$4.40 Filed 

Legislative 1 112912007 
RULE MONITOR (3, 

rp 

AGENCYISERlES NO RULE NOTICE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGlS FINAL FILE EF FECTIVE 

Miners Training Rules Governing the Criteria and 511 712007 6/22/2007 511 712007 712712007 Modified & HB 4255 41312008 41312008 

Education & Standards for Alternative Training Approved Approved 

Certification Programs for Apprentice Coal Mine 512512007 1112812007 

(48-8) Electricians Filed 

$4.40 1211 412007 

Legislative 

Mining & Redarnation West Virginia Surface Mining 513112007 7/?012007 712612007 Modified 8 SB 373 411 012008 711 12008 

(38-2) Reclamation Rule Approved 

$27.1 0 1211 112007 

Legislative Filed 

1211 912007 

Motor Vehicles Examination and Issuance of 6/22/2007 7/23/2007 712512007 Modified & H B 4244 411 512008 7/1/2008 

(91 -4) Drier's License Approved $10.60 121812007 

Legislative Filed 

1212012007 

Motor Vehicles Disclosure of Information from the 911 912007 1012212007 911 912007 111112007 Approved HB 4244 411 512008 7/1/2008 

(91-8) Files of the Division of Motor 121812007 

Vehicles 

$4.00 

Legislative 

Natural Resources Commercial Whitewater Outfitters 612812007 712712007 712712007 Modified & HB 4255 312712008 312712008 

(58-12) $5.00 Approved 

Legislative 10/912007 

Filed 

1 1 1512007 

Natural Resources Revocation of Hunting and Fishing 612112007 712012007 

(58-23) Licenses 

$3.20 

Legislative 

712712007 Modified & HB 4255 312712008 312712008 

Approved 

1 01912007 

Filed 

11/5/2007 

Natural Resources Special Boating Rules 6/28/2007 7/27/2007 7/27/2007 Approved HB 4255 3/27/2008 312712008 

(58-26) 54.00 101912007 

Legisfative 

Natural Resources Rules and Condlions Upon Which 612812007 7/27/2007 7/27/2007 Modified & HB 4255 41312008 51112008 

(58-35) Oil and Gas Operators May Access Approved 

State Forests 1 1812008 

$5.00 Filed 

Legislative 111 512008 

Natural Resources. Wildlife Scientific Collection Permit 61512007 71512007 711 912007 Modified & HB 4255 3/27/2008 3/27/2008 

(58-42) $3.00 Approved 

Legislative 10/9/2007 

Filed 

1 11512007 
RULE MONiTOR 

AGENCYISERJES NO RULE NOTICE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGlS FINAL FILE EFFECTIVE 

Nursing Home Nursing Home Administrators 51112007 513112007 611 312007 Modified & SB 349 313 112008 313 112008 

Administrators Lic. Bd. $4.60 Approved 

(21-1) Legislative 812012007 

Filed 

812812007 

Pharmaceutical Cost Prescription Drug Advertising 412412007 512512007 412412007 71912007 Modified & SB 349 411112008 4/14/2008 

Management Council Expense Reporting Approved Approved 

(206-1) $3.80 6/5/2007 1 J712008 

Legislative Amendment Filed 

6/28/2007 111 412008 

Withdraw 

Amendment 

711 312007 

Amendment 

711 312007 

Aooroved 

aiia2007 

Pharmacy Licensure and the Practice of 1/4/2008 21812008 11412008 

(15-1) Pharmacy Effective 

$6.00 211 512008 

Legislative 

Professional Examination and Licensing of 61712007 71912007 712712007 Modified & SB 349 

Surveyors Professional Surveyors in WV Approved 

(23-1) $5.20 121912007 

Legislative Filed 

1211 912007 

Professional Fees for Surveyors and Surveying 6/7/2007 71912007 712712007 Modified SB 349 

Surveyors Firms wlAmendments 

(23-4) $3.40 and Approved 

Legislative 1211 112007 

Filed 

1211 912007 

Professional Standards for Practice of Surveying 61712007 71912007 712712007 Modified & SB 349 

Surveyors in West Virginia Approved 

(23-5) $5.40 1211 112007 

Legislative Filed 

12/19/2007 

PROMISE Scholarship WV Providing Real Opportunities for 1011 612007 1 111 512007 1011612007 

(134-1) Maximizing In-State Student Withdrawn 

Excellence (PROMISE) Scholarship 312612008 

Program 

$4.80 

Legislative 

Public Employees Notice and Conduct of Meetings 211412008 311812008 312612008 412812008 

Grievance Board $2.80 

(1 56-2) Procedural 

m 
RULE MONITOR Q, 'n 

AGENCYISERIES NO RULE NOTICE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTlVE * 

Public Service Rules and Regulations Governing 6130/2006 811 512006 613012006 9/26/2006 Approved SB 349 

Commission Emergency Telephone Service Approved 1/6/2008 

(1 50-25) $12.60 8/2/2006 

Legislative Expired 

1 11212007 

Regional Jail & Criteria and Procedures for 1211 412007 1/14/2008 111 WOO8 

Correctional Facility Determination of Projected Cost per 

Auth. Day for Inmates Incarcerated in 

(94-7) Regional Jails and Operated by the 

Auth. 

$5.80 

Legislative 

School BuiEding SEA Requirements for 7/23/2007 812312007 7/23/2007 912712007 Approved SB 459 4/2/2008 41212008 

Authority of WV Comprehensive Educational Facility Effective 12/10/2007 

(264-1) Plan 7/23/2007 

$5.80 Amendment 

Legislative 912712007 

School Building Funding School Building Authority 712312007 8/23\2007 7/23/2007 912712007 Approved SB 459 41212008 4/2/2008 

Authority of WV Projects Effective 1211 012007 

(1 64-2) $7.60 7/23/2007 

Legislative Amendment 

912712007 

School Building School Building Authority School 712312007 8/23/2007 712312007 9/27/2007 Approved SB 459 4/2/2008 41212008 

Authority of WV Planning and Design Criteria Effective 1211 012007 

(1 64-3) $4.00 712312007 

Legislative Amendment 

9/27/2007 -- - - --- 

School Building School Building Authority Project 712312007 812312007 712312007 9/27/2007 Approved SB 459 4/2/2008 41212008 

Authority of WV Administration and Review Effective 12H 012007 

(1 64-4) $10.80 712312007 

Legislative Amendment 

9/27/2007 

School Building School Building Authorrty Contract 7/23/2007 8/23/2007 7/23/2007 9/27/2007 Approved SB 459 4/2/2008 4/2/2008 

Authorrty of WV and Agreements Effective 1211 012007 

(1 64-5) $6.20 712312007 

Legislative Amendment 

9/27/2007 

Amendment 

1211 012007 

School Building School Building Authority Reporting 7/23/2007 8/23/2007 912712007 Approved SB 459 41212008 4/2/2008 

Authority of WV Procedures 1 211 012007 

(1 64-61 $9.60 

Legislative 
RULE MONITOR 

AGENCYISERIES NO RULE NOTEE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

School Building Schoot Access Safety Act 4/24/2007 5/24/2007 4/24/2007 711 212007 Approved SB 459 41212008 4/2/2008 

Authority of WV Guidelines and Procedures Effective I212812007 117/2008 

(1 64-7) $4.60 4/24/2007 

Legislative Amendment 

711 1/2007 

Effective 

711 112007 

Secretary of State Use of Digital Signatures, State 612712007 7/27/2007 7/31/2007 7/27/2007 Modified & SB 349 

(1 53-30) Certificate Authority and State Approved Approved 

Repository 911 012007 1 10/912007 

$5.60 Amendment Filed 

Legislative 1011 012007 1 01912007 

Approved 

1013012007 

Secretary of State Administration of the Address 11412008 2/4/2008 11412008 211 512008 

(1 53-37) Confidentiality Program Approved 

$15.00 21812008 

Legislative 

Solid Waste Performance Measures and Review 61612007 71612007 

Management Board Standards for Solid Waste 

(54-6) Authorities Operating Commercial 

Solid Waste Facilities 

$3.40 

712512007 Modified & SB 373 411 012008 71112008 

Approved 

1112812007 

Filed 

12/5/2007 

Legislatjve 

Speech-Language Licensure of Speech-Pathology and 4/24/2007 5/28/2007 6/27/2007 Modified & SB 349 312712008 411/2008 

Pathology and Audiology Approved 

Audiology $6.00 1 1/27/2007 

(29-1 ) Legislative Filed 

121512007 -- - 

Speech-Language W Board of Examiners for Speech 3/27/2008 411 12008 

Pathofogy and Pathology & Audiology Code of 

Audiology Ethics 

(29-5) $3.40 

Legislative 

State Police Cadet Selection 

(81-2) $3.80 

Legislative 

7H 712007 Modified & HB 4206 3/27/2008 4/1/2008 

Approved 

812012007 

Filed 

8/29/2007 

State Police West Virginia State Police Career 5/9/2007 6/8/2007 6/25/2007 Modified HB 4206 3/2712008 4/1/2008 

(8 1-3) Progression System w1Arnendments 8 

$4.80 Approved 

Legislative 101812007 

Filed 

1 011 112007 
- - 

RULE MONITOR -- -- - 

AGENCYlSERlES NO RULE 

- 

NOTICE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

State Police West Virginia State Police 511 612007 611 812007 

(81 -1 0) Professional Standards 

Investigations, Employee Rights, 

Early Identification System, 

Psychological Assessment and 

Progressive Discipline 

$5.20 

6/25/2007 Approved HB 4206 3/27/2008 411 12008 

101812007 

State Police Regulations and Procedures 2/28/2008 313 112008 41712008 5/15/2008 

(81-16) Pertaining to the WV Child Abuse 

and Neglect Registration Act 

$4.80 

Procedural 

State Police Regulations and Procedures 2/28/2008 3/3 112008 41712008 511 512008 

(81-17) Pertaining to the WV Child Abuse 

and Neglect Investigations Unit 

$4.40 

Procedural 

Tax Exchange of Information Agreement 6/26/2007 7/26/2007 712712007 Modified & SB417 41412008 51112008 

(1 10-50D) Between The Commissioner of The Approved 

Tax Division of the Department of 101812007 

Revenue and The Commissioner of Fited 

the Division of Labor of The 10129/2007 

Department of Commerce, The 

Commissioner of The Insurance 

Commission of The Department of 

Revenue, The Commissioner of The 

Division of Motor Vehicles of The 

Department of Transportation, The 

Commissioner of The Bureau of 

Employment Programs and The 

Office of The Governor 

$2.60 

Legislative 

Veterinary Medicine Registration of Veterinary 6/28/2007 712712007 7/27/2007 Modified & SB 349 3131/2008 3131 12008 

(26-3) Technicians Approved 

$3.60 7 1128/2007 

Legislative Filed 

11412008 - -- -- 

Waste Management Standards for Beneficial Use of 5/3012007 7/2/2007 7/24/2007 Modified & SB 373 4/9/2008 6/16/2008 

(33-9) Filtrate from Water Treatment Approved 

Plants 1211 112007 

$6.00 Filed 

Legislative 12/20/2007 

Waste Management Recycling Assistance Grant 6/5/2007 711 212007 7/27/2007 Modified & SB 373 4/8/2008 411 512008 

(33-1 0) Program Approved 

$6.40 10/912007 

Legislative Filed 

10117/2007 
RULE MONITOR 

AGENCYISERIES NO RULE NOTICE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGlS FINAL FILE EFFECTIVE 

Waste Management Hazardous Waste Management 6/6/2007 711 112007 . 7/27/2007 Approved SB 373 

(33-20) System 12/8/2007 

$22.70 

Legislative 

Waste Management Underground Storage Tanks 61512007 711 112007 7/26/2007 Modified 8 SB 373 

(33-30) $4.20 Approved 

Legislative 12111I2007 

Filed 

Water Resources Requirements Governing Water 513012007 712612007 617 212007 7/27/2007 Approved S8 390 411 1 I2008 71112008 

(47-2) Quality Standards Section 8.1, 11712008 

$1 1.40 Appendix E, 

Legislative Table 1 and 

footnote "em 

only 

Approved 

611 412007 -- -- 

Water Resources Designation of Tier 3 Waters 411 512008 61312008 

(47-2A) Interpretive 

$3.20 

Water Resources National Pollutant Discharge 61612007 711 712007 

(47-1 0) Eliminations System (NPDES) 

Program 

$24.90 

7/27/2007 Approved SB 373 

12/8/2007 

Legislative 

Water Resources WVJNPDES Rules for Coal Mining 5/31/2007 7/10/2007 712612007 Modified & SB 373 411 012008 7/7/2008 

(47-30) Facilities Approved 

$72.80 1211 112007 

Legislative Filed 

1211 912007 - - - -- 

Workers Comp OKIces Litigation of Protests 41912008 51912008 

of Judges $12.30 

(93-1) Procedural 
NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY T H E W E S T VIRGINIA LEGlSLATURE 

WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISlON 

Form #6 -------------------A&------ 

AGENCY: Board of Acupuncture TITLE NUMBER:^ 

AMENDMENT TO AN EXISTING RULE: YES - NO 

1F YES, SEWS NUMBER OF RULE BEING AMENDED: 

TITLE OF RULE BEMG AMENDED: 

-.- 

,Vo'Not Mqrk In Thta Box 

. - - - 

WEST VIRGINIA 

1 6 nrf ,4 

SECRETARY OF STATE 

BETTY IRELAND 

, .- - -.. - 1 *I :,: $.--' 

LEGlsLATIE~~ I N ~STRATIVE LAW DIVE ION 

81: 

Fom #6 

OD ~ot Mark In,Thlr Box :- I ., ,I .J.p 

-.-I.- 

.. 

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NOTICE OF FINAL FILING AND ADOPTION OF A LEGlSLATlVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

AGENCY: Board of Acupuncture TITLE WMBER~ 

AMENDMENT TO AN EXISTING RULE: YES X NO - 

IF YES, SERIES NUMBER OF RULE BEING AMENDED. 32CRS9 

T17ZE OF RULE BEMG AMENDED: Continuing Education Requirements 

IF NO, SERIES NUMBER OF RULE BEMG PROPOSED: 32CRS7 

TITLE OF RULE BEMG PROPOSED.D~~C~D~~~~ and Comnlaint for 

Acupuncturists 

IF NO, SERIES NUMBER OF RULE BEWG PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGINIA LEGISLATURE. 

AUTHORIZATION IS CITED M (hwsc or senate bill number) SB349 

SECTION 664-9- 1. Board of Acupunchre. , PASSED ON 3/08/2008 

THIS RULE IS FILED WlTH THE SECRETARY OF STATE THtS RULE BECOMES EFFECTIVE ON THE 

FOLLOWMG DATE: 04/1e08 

THE ABOVE RULE HAS BEEN AUTHOFUZED BY THE WEST VIRGMlA LEGISLATURE. 

AUTHORlZATtON IS CITED IN (hwsc or mate bill number) SB349 

SECT]ON 964-9-1. Board of Acupuncture. , PASSED ON 3/08/2008 

THIS RULE IS FILED WITH THE SECRETARY OF STATE. THiS RULE BECOMES EFFECTIVE ON THE 

FOLLOWMG DATE: 04'16108 

Authorized gignature 7 
WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DlVlSlON 

Do N,Uark In Thls Box 

. 1 c- . - - WEST VIRGINIA 

T?" , , cd (-I?: 1 : 9: s7 

SECRETARY OF STATE 

LEGISLATIVE BETTY IRELAND 

. - . . .--\ 

,.. , ..- ' " .- . - ... ..:'?,', 

A~MINISTRATIVE LAW DIVISION 

,>: .. - --. - L'm ',, ,;.,;: 

Form #6 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGlSLATlVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

AGENCY: Department of Administration TITLE ~~~148 

AMENDMENT TO AN EXISTING RULE: YES X NO - 

IF YES, SERIES NUMBER OF RULE BEMG AMENDED: 

TInE OF RULE BEMG AMENDED Repeal of the "Leasing of Space on Behalf of State 

Spendlug Umts" 

IF NO, SERIES NUMBER OF RULE BEMG PROPOSED: 

TlTLE OF RULE BEING PROPOSEDDo Not Mark In Thls Box 

?I!! ;- 

'-- 1 -. . ' 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORiZED 

BY THE WEST VIRGINIA LEGISLATURE 

AGENCY: Department of Administation TITLE ~~~148

AMENDMENT TO AN EXISTING RULE: YES - NO 2- 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 

TITLE OF RULE BEING AMENDED: 

IF NO, SERIES NUMBER OF RULE BEWG PROPOSED 19 

ins of mace and-n o ... TITLE OF RULE BEING PROPOSED. Leas f real om 

behalf of state spmdiig units 

THE ABOVE RULE HAS BEEN AUTHORlZED BY THE WEST VIROMIA LEGISLATURE. 

AUTHORIZATION IS CITED IN (house or wmtc bill number) 4209 

SECTION 661-1 . PASSED ON MaTch 8l 

THIS RULE IS FILED WlTH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

THE ABOVE RULE HAS BEEN AUTHORlZED BY THE WEST VIRGINlA LEGISLATIJRE. 

AUTHORIZATION IS CITED IN (house or senate bill number) HB 4209 

SECTlON 64-1-1 , PASSED ON 2008 

THIS RULE IS FILED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWTNG DATE: 2008 n 

/I f 
WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

00 Not Mark In Thls Box 

WEST VIRGINIA - - 

ID03 A?? I I RF1 9: 59 LEGISLATIVE 

SECRETARY OF STATE 

BETTY IRELAND 

r l 

ADMINISTRATIVE LAW DIVISION L 4: 

Form #6 --------------------------- 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGlStATURE 

AGENCY: Department of Administration TITLE WER. 148 

AMENDMENT TO AN EXISTING RULE: YES - NO X 

IF YES. SERIES NUMBER OF RULE BEMG AMENDED: 

TITLE OF RULE BEMG AMENDED. 

Do Not Mark In Thls Box en 

NOTICE OF FlMAL FlLlNG AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

AGENCY Department of Amiculhrt T~LE NUMBER.^^ 

AMENDMENT TO AN EXISTING RULE: YES NO - 

IF YES, SERlES NUMBER OF RULE BEING AMENDED: 

TITLE OF RULE BEING AMENDED 

IF NO, SERIES NUMBER OF RULE BEWO PROPOSED: 20 

TITLE OF RULE BEMG PROPOSED.~~~~~~ sale. kiEexchange or transfer of lands and minerals 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSEU: 

,---------------------------------------------- .............................................. 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST V[RGIN1A LEGISLATIIRE. THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VlRGMIA LEGISLATURE. 

AUTHORIZATION IS CITED IN (house or senate bill number) 4209 AUTHOIUZATION IS CITED IN (house or senate bill numhr) SB 349 

SECTlON 64-1-1 . PASSED ON 2008 SE~ION Section 64-9-2(b) . PASSED ON Madl 8~2OO8 

THIS RULE IS FILED WlTH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE THIS RULE IS FILED WlTH THE SECRETARY OF STATE. THIS RULE BECOMES EFFlXTTVE ON THE 

FOLLOWING DATE: 

n -4 FOLL.QWING DATE. 2006 /1 
WEST VIRGINIA 

SECRETARY OF STATE 

BElTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

Fono #6 

AGENCY: WVDEP - Division of Air Oualitv T~NUMBERA 

AMENDMENT TO AN EXISTING RULE YES X NO - 

IF YES, SERIES NUMBER OF RULE BEMG AMENDED 39 

~LE OF RULE BEING AMENDED. Control of Annual Nitropen Oxidts Emissions 

Do Not Mark In Thlr Box WEST VIRGINIA -- -. , - - SECRETARY OF STATE 

29rL $7.: I 5 pf1 2: LEGISLATIVE BETTY IRELAND 

n3MINISTRATIVE LAW DIVISION , - -.,, 

. .. 

.. , .. . . , . . , - , . - ... ". ._,.,I _ 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VlRGlNlA LEGISLATURE 

Do Not Mark In Thls Box 

7- -!' - -- - - 

??';,"?f4 r;;2:17 

--------------------------- Form #6 --------------------------- 

AGENCY: WVDEP - Division of Air Oualiw WLE NUMBER~ 

AMENDMENT TO AN EXISTING RULE: YES X NO - 

F YES, SERIES NUMBER OF RULE BEING AMENDED: 40 

T~LEOF RULE BEING AMENDED: Control of Ozone Season Nitro~en Oxides Emissions 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: LF NO, SERIES NUMBER OF RULE BEING PROPOSED 

TKLE OF RULE BEING PROPOSED. TlTLE OF RULE BEING PROPOSED. 

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

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGINIA LEGISLATURE. 

AUTHORIZATION IS CITED IN (taouse or senate bid number) SB 373 

SECn~N Section 5 64-3-l(b) , PASSED ON March 6,2008 

THlS RULE IS FILED mH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWING DATE: May 1,2008 

THE ABOVE RULE HAS BEEN AUTHORIZED aY THE WEST VIRGINIA LEG IS LA^. 

AUTHORIZATION IS CITED IN (house or senate bill number) SB 373 

sEnIoN Section 5 64-3-1 (i) , PASSED ON March 6,2008 

THlS RULE IS FILED WITH THE SECRETARY OF =ATE. TKIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWING DATE: May 1,2008 
WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

DO uot Mark In mls sox 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WESTVlRGlNlA LEGISLATURE 

Form #6 

AGENCY: WVDEP - Division of Air Quality T~~LENUMBER~. 

AMENDMENT TO AN MISTING RULE: YES X NO - 

IF YES. SERTES NUMBER OF RULE BEING AMENDED: 41 

TITLE OF RULE BEING MENDED. Control ofAnnual Sulfur Dioxide Emissions 

. .. 

?-I,;; .. .I,_., 

IFNO, SERIES WER OF RULE BEMG PROPOSED: 

TITLE OF RULE BEING PROPOSED. 

--------------------------- 

WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

LEGISLATIVE 4DMINISTRATIVE LAW DIVISION 

THE ABOVE RULE HAS BEEN AUTHORIZED BY TKE WEST VIRGINIA LEGISLA-. 

AUTHOIUWTION 1.9 CITED IN (house or mate bill number) SB 373 

SEmON Section 8 64-3-31 G) . PASSED ON March 6,2008 

THIS RULE IS FLED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWING DATE: May 1,2008 

s&JwL"V-<ML@.( 

Authorized Signature 

-Oo.NotYar+ - In-This Box -. I ' .- -- --. 4 

?"I,:> ,.: .- ,., . -7 ., \ i PiJ, 4: 18 

. 8 

. . ;' '1': - .I._ .-.. I,. ,I :,._ 

NOTICE OF AGENCY ADOPTION OF A PROCEDURAL OR INTERPRETIVE RULE 

OR A LEGISLATIVE RULE EXEMPT FROM LEGISLATIVE REVIEW 

AGENCY: West Virginia Board of Education TlTLE NUMBER: 126 

CITE AUTHORITY: W.Va. Constitution. Article XII. 62 and W.Va. Code 618-2-5 

RULE TYPE: PROCEDURAL INTERPRETIVE 

EXEMPT LEGISLATIVE RULE X 

CITE STATUTE(s) GRANTMG EXEMPTION FROM LEGISLATIVE REVIEW 

W.Va. Code $5 29A-3B-1, et seq.; W. Ya. Bod ofEducu~ion 

v. Hechier. 180 W.Va. 451: 376 S.E.2d 839 (19881. 

AMENDMENT TO AN EXISTING RULE: YES X NO - 

IFYES, SERlES NUMBER OF RULE BEING AMENDED: 37 

TITLE OF RULE BEMG AMENDED: Uniform Grading (251 51 

IF NO, SERlES NUMBER OF NEW RULE BEING PROPOSED: 

TITLE OF RULE BEWG PROPOSED: 

THE ABOVE RULE IS HEREBY ADOPTED AND FILED WITH THE SECRETARY OF STATE. THE 

EFFECTIVE DATE OF THIS RULE IS Julv I. 2008 

. Jack Meclanahan 

D uty State Superintendent of Schools !c'/p 
WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

Form IS 

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

I -~.DaNotMarlilnThisSox 1 WEST VIRGINIA 

NOTICE OF AGENCY ADOPTION OF A PROCEDURAL OR INTERPRETIVE RULE 

OR A LEGlSLATIVE RULE EXEMPT PROM LEGISLATIVE FUCVLEW 

?$!; ,I;?.: ; ; y; L,: 1 5 

1 SECRETARY OF STATE 

LEGISLATIVE BETTY IRELAND 

Do Not Ma& In Thla Box c! \ g:. -_ _ --- 

_ ...- .- - ,j 

.. . , . . #.x. . . , ... 1. - 

2fig?;,rl: 10 fii 3: 01 

ADMINISTRATIVE LAW DIVISION 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

-. . .. I. 

AGENCY: West Virginia Board of Education TITLE NUMBER: 126 AGENCY: West VVireinia Stale Electioll Commission TITLE NUMBER:-!% 

ClTE AUTHORIn: W.Va. Constitution. Article XI]. 62, W.Va. Code 6616-3-14, 178-2-3. 178-2-5, 

18-2-5. 18-5-15.18-8-1.18-8-2, 18-3-3.18-8-4.18-8-5.18-8-1 1 and Subtitle B of Title VII 

of the McKinnev-Vento Homeless Assistance Act I42 U.S.C. 1143 1 ct sea.) 

AMENDMENT TO AN EXISTING RULE: YES X NO - 

IF YES. SERIES NUMBEROF RULE BEMG AMENDED: ' 

TITLE OF RULE BEING AMENDED: 

RULE TYPE: PROCEDURAL NIWWRETlVE 

EXEMPT LEGISLATIVE RULE X IF NO. SERIES NUMBER OF RULE BEING PROPOSED: 

ClTE STATUTE(s) GRANTING EXEMPTION FROM LEGlSLAllVE REVIEW 

W. Va. Code $5 29A-3 8- 1, et seq.; W. Va. Board ofEd~rcofion TITLE OF RULE BEING PROPOSED: 

1). Hechler. 180 W.Va. 451: 376 S.E.2d 839 (19881. 

.............................................. AMENDMENT TO AN EXISTING RULE: YES X NO - 

IF YES, SERlES NUMBER OF RULE BEING AMENDED: 81 THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGINIA LEGISLATURE. 

I TITLE OF RULE BEING AMENDED; Attendance 141 1Q) AUTHORIZATION IS CITED IN (house or senate bill nu~nbcr) SB 349 

I IF NO, SERIES NUMBER OF NEW RULE BEING PROPOSED: SECTION 8 64-9-5 PASSED ON March 8,2008 

TITLE OF RULE BEMG PROPOSED: 

THE ABOVE RULE IS HEREBY ADOPTED AND FILED WITH THE SECRETARY OF STATE. THE 

EFFECTIVE DATE OF THIS RULE IS Mav 12.2008 

/I 

THIS RULE IS FILED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWING DATE: *0°* 

/O:buty State Suerintendent of Schools 
WEST VlRGlNlA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DfVISION 

Fonn #6 --------------------------- 

; 7: . ',...> >,:, 

-. . , 

.. ; .',T: 

Fonn #6 _--_---_--_--_-_----------- 

DO NO~ Marh In This BOX 

, -- WEST VIRGINIA 'i- I . - ... 

-. -__ SECRETARY OF STATE 

ZC::;." ;;I3 :;: 3: 0, 

LEGISLATIVE BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

DO NO^ Mark In T~IS BOX 

1 ;--.. Q, .. - . CD . . . w 

2flQ AP,? i 0 p'; 3: 

AGENCY: West Vi~ainia State Electioil Commission TITLE NUMB ERA 

AMENDMENT TO AN EXISTLNG RULE: YESX NOIF YES. SERIES NUMBER OF RULE BEING AMENDED: ' 

TITLE OF RULE BElNG AMENDED 

NOTICE OF FINAL FILING AND ADOPTION OF A LEG1SLATIVE RULE AUTHORIZED 

BY THE WEST VlRGiNlA LEGISLATURE 

AGENCY: West Virginia State Election Commission TITLE NUMBER:> 

AMENDMENT TO AN EXISTING RULE: YES X NO - 

IF YES, SERIES NUMBER OF RULE BElNG AMENDED: 

TITLE OF RULE BEING AMENDED: Electio11 Expendihres 

IF NO. SERIES NUMBER OF RULE BElNG PROPOSED: 

TITLE OF RULE BElNG PROPOSED, 

IF NO, SERIES NUMBER OF RULE BElNG PROPOSED: 

TITLE OF RULE BElNG PROPOSED: 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGINIA LEGISLATURE. THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGINIA LEGISLATURE 

AUTHORIZATION IS CITED IN (house or senate bill u umber) SB 349 

SECTION § 64-9-5 . PASSED ON March 8,7008 

AUTHORIZATION IS CITED 1N (11ot1s.e or senare bill nu~nber) SB 349 

SECTlON 8 64-9-5 PASSED ON March 8,2008 

THIS RULE IS FILED WITH THE SECRETARY OF STATE, TH[S RULE BECOMES EFFECTIVE ON THE THIS RULE IS FILED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWING DATE: *pril lo, I I FOLLOWING DATE: *pri1 lo, 2008 
WEST VIRGlNlA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

Do Not Mark In fC;s Box ;-. . WEST VIRGINIA . --. .' 

J~!J; ,:?? .. -. LEG~~LAT~vE SECRETARY OF STATE 

1 2.4 fn BETTY IRELAND 

ADMlNlSTRATlVE LAW DIVISION 

Do Not Mark In Thls Box --- .. -. 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGlSLATURE 

Form #6 --------------------------- 

AGENCY: WVDEP, Secretaw's Office TITLE NUMBER~ 

AMENDMENT TO AN EXISTING RULE: YES X NO - 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 

OF RULE BEmG AMENDED: Antidegradation Implementation Procedures 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

;, . 8 

hJ ': 

Form #6 

AGENCY: WVDEP Office of Explosives & blast in^ TITLE NUMBER.^ 

AMENDMENT TO AN EXISTING RULE: YES NO - 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 1 

TITLE OF RULE BEMG Surface Mining Blasting Rule 

. . .8 L. 

.- . 17: 

. .I 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

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

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEMG PROPOSED. 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGNIA LEGISLATURE. 

AUTHORIZATION IS CITED IN (house or senate bill number) SB 373 

SECTION 6 64-3-1(~) PASSED ON March 6,2008 

THlS RULE IS FILED WITH THE SECRETARY OF STATE. THlS RULE BECOMES EFFECTIVE ON THE 

FOLLOWING DATE: 2008 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WFST VIRGWlA LEGISLATURE. 

AUTHORIZATION IS CITED 1N (home or senate bill number) SB 373 

SECTION 64-3-1(0) , PASSED ON Mmh 6.2008 

THIS RULE 1s FLED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWING DATE: July '8 2008 

hLcl/ 

Authorized Signature 0 C 

Authorized ~ibature 
,-> -- 

WV INCOME MAINTENANCE MANUAT -7- ---- 

MANUAL MATERIAL TRANSMISSION 

7n!!a hrs I ! A;.? 9: 52 

II II 

LEGISLATIVE 

-,, 4 

MANUAL MATERIAL TRANSMISSION .-- .. .--a 

WV INCOME MAINTENANCE MANUAL A 

2~~3 n:n I 4 an ro: 3.2 

11 DATE: I Mav 1.2008 I CHANGE NUMBER: .. 507 ..\ 11 ' . I .. $1 . '. I I ALL INCOME MAINTENANCE MANUAL HOLDERS 

IF- DELETE I INSERT OR CHANGE 11 it DELETE 1 INSERT OR CHANGE 1 

DATE: 

TO: 

May 1,2008 

I 

CHANGE NUMBER: 506 

PAGES 

This change was made to update policy regarding referrals for vocational evaluations and 

visionldental services for WV WORKS partlcipants. 

- - 

PAGES 

i - ii 

-- 

DFA-PRC-I, 24-F-01 

DFA-WVW-100-A, 24-F-02 

DFA-WVW-100-8.24-F-03 

Section 24.4,K: Clarification was added noting that clients in either the Emptoyment Assistance 

Program (EAP) or in PL are eligible for vision and/or dental services. 

- .- ALL lNCOME MAINTENANCE MANUAL HOLDERS I V~- 

CHAPTER 

Section 24.4,L: The conditions clients must meet to generate referrals for vocational evaluations 

to the Division of Rehabilltation Services (DRS) or another approved pmvider was updated. In 

addition, new policy was added regarding the scheduling of appointments by the provider. 

I 

CHAPTER 

24 

FORM 

FORM 

FORM 

Section 24, Appendlx F: Appendix was added to incorporate forms into the base manual. 

Forms will be assigned an Index Number. Insert or delete only the forms listed on the DW-17, no1 

the entire appendix. 

iii - iv 

DATED 

Policy questions should be directed to the DFA Family Support Policy Unit. 

DATED 

7107 10 10104 

8/01 

7/07 

3107 

3/07 

RAPIDS questions should be directed to the RAPIDS Help Desk. 

21 -22 1 10 

PAGES 

DW-17 

Rev. 10104 

I PAGES 

i iii - iv 

21 

F-l 

DFA-PRC-1,24-F-01 

DFA-W-100-A, 24-F-02 

DFA-WVW-100-B, 24-F-03 

CHAPTER CHAPTER 

24 

DATED 

10 

10 

24 

FORM 

FORM 

FORM 

DATED 

7/07 

5/08 

7/07 

3/07 

3107 

1/08 

8/01 I 
Income Maintenance Manual Change # 507 

Page 2 

Income Maintenance Manual Change # 507 

Page 3 

This change was made to address how the Economic Stimulus Tax Rebate for 2007 

and the Department of Commerce Digital Television Converter Box Coupons are 

treated. The Worker's responsibility when he receives RAPIDS alert 291 was added. 

Other changes below were made: 

Section 10.3,CC: Clarification was added to define when a half-time student's income 

is excluded for AFDC and other Medicaid Groups. The variable for dividing monthly 

hours was added to be consistent with RAPIDS functionality. 

Section 10.3,00: The Economic Stimulus Tax Rebate for 2007 was added. 

Section 10.3, YYY: The Department of Commerce Digital Television Converter Box 

Coupons were added. 

Section 11.2, A and 11.4, items F & Q: Treatment of the Economic Stimulus Tax 

Rebats as a countable asset if retained into the third month following the month of 

receipt was added with an example. 

Section If .7,C,3: Information addressing the Economic Stimulus Tax ~ebate- for 2007 

and the transfer of asset policy was added with an example. 

Section 15.2: A correction was made to include AFDC Medicaid. 

Section 15.3 and 15.3,1: Information was added regarding Worker responslbilities 

when RAPIDS alert I91 is received. 

Sections 16.1, items A and 6: Grammatical changes were made. 

Section 16.1,D: Information was added to explain data system processes when health 

insurance information is entered by BCSE. 

Section 16.7,F: lnformation was added regarding Worker responsibilities when 

RAPIDS alert 191 is received. 

Sections 17,3,B, $7.9,D, 47.10,3,4,b, 17.10,8,5 and Appendix A: Policy was added 

with an example, regarding treatment of the Economic Stimulus Tax Rebate for 2007 in 

the post-eligibility process and when funds transferred from the Rebate are subject to 

penalty. 
Form #6 --------------------------- L 

WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

NOTICE OF FINAL FILING AND ADOPTlON OF A LEGISLATIVE RULE AUTHORED 

BY THE WEST VIRGINIA LEGISLATURE 

DaNol Mark In Thlr Box , - - 

WEST VIRGINIA - -- SECRETARY OF STATE 

irrJOB API I I PY I: 40 LEGISLATIVE BETTY IRELAND 

d 7;1$:~< 

ADMINISTRATIVE LAW DIVISION 

AGENCY: DHHR Office of Health Facility Liccnsurc and Certification T~E NUMBER. 64 

AMENDMENT TO AN EXISTING RULE: YESX NO - 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: j4 

TITLE OF RULE BEING AMEND~D: Hospice Liccnsure Rule 

Form #6 

.. : ..,qr, 1 'I- ".-r?y<y C, i,: ,T;i 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VlRGlNiA LEGISLATURE 

AGENCY: DHHR Office of HeaIth Facility Licensure and Certification TITLE NUMBER: 64 

AMENDMENT TO AN EXISTD4G RULE: YES NO - 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 

Tm OF RULE BEING AMENDED: Regulation of Opioid Treatment Programs 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

IF NO. SERIES NUMBER OF RULE BEING PROPOSED: 

TmE OF RULE BEING PROPOSED: 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGINIA LEGISLATURE. 

AUTHORIZATION IS ClTED [N (house or senate bill number) SB 398 

SECTION 5 (d) , PASSED ON Ma'ch 8,2008 

THIS RULE IS FILED WlTH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWING DATE: wy It . .- 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGINIA LEGISLATURE. 

AUTHORlZATlON IS CITED IN @owe or saute bill numb-) SB 398 

SECTION 5 M-5-1(e) , PASSED ON March 8.2008 

THIS RULE IS FLED WITH THE SECRETARY OF STATE. TH1S RULE BECOW EFFECITVE ON THE 

FOLLOWING DATE: *pril a 
WEST VIRGINIA 

SECRETARY OF STATE 

JOE MANCHIN, I11 

ADMINlSTRATIVE LAW DIVISION 

Form #6 --------------------------- 1 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VlRGiNlA LEGISLATURE 

Do Not Math In Twox I-.. .- WEST VIRGINIA -- 

.. 

LEGISLATIVE SECRETARY OF STATE 

200flh~? 14 p~ ,: 02 BETTY IRELAND 

I .; ADMINISTRATIVE LAW DIVISION ;. :! , , - . cr,-::, , ,,r:: ,. .. :, 

,>-,. . . ..,. 1 ,.. 'TT, ' . . .)...,T;. Form #6 --------------------------- 

AGENCY STATE LOTTERY COMMISSION NUMBER.~~~ 

AMENDMENT TO AN EXISTING RULE: YES - NOX 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 

TITLE OF RULE BEMG AMENDED: 

DO MI Mark . In -. pi6 BOX 

-. _ -- 

1;; ,;,I; 1 j:J ;-' 2: :,:> 

. . . 

.. _ ... - .- 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

AGENCY: WVDEP Division of Mkne: and Reclamation TITLE NUMBER& 

AMENDMENT TO AW EXISTING RULE: YES 2 NO - 

IF YES, SERIES NUMBER OF RULE BETNG AMENDED: 2 

TITLE OF RZnE BmG AMENDED. WV Surface Mining Raclamntion Rule 

IF NO, SERIES NUMBER OF RULE BEMG PROPOSED: 

TITLE OF RULE BEMG PROPOSED:~CK TABLE GAMES RULE 

IF NO. SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEMG PROPOSED. 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGWIA LEGISLATURE. 

AUTHORIZATION IS CITED IN (house or senate bill number) SB 417 

SECTION 64-7-3 , PASSED ON MARCH 8, *Oo8 

THIS RULE IS FILED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWING DATE: IULY '. 2008 4 g?J5.54&5 ~utharidd Signature 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST WRGTNIA LEGISLATURE. 

AUTHORIZATION IS CITED IN (house or senate biIl number) SB 373 

SECTION 64-3-1@) , PASSED ON March 6,2008 

THIS RULE IS FILED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWING DATE: 2008 - 

1; Q JJLwN(U%/ 

Authorized Signature r 
NOTICE OF FINAL FlLlNG AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

AGENCY: Division of Motor Vehicles TITLE NUMBERA. 

AMENDMENT TO AN EXISTING RULE: YES -& NO - 

Do Not Mark In Thls Box 

r 1 ; r-. WEST VIRGINIA , 

SECRETARY OF STATE 

20$; APT! 1 5 F.W 9: 20 LEGISLATIVE BETTY IRELAND 

..., . , , . . :, , .: ,'t, 

ADMINISTRATIVE LAW DIVISION :>:;-' -.:-c;'>;-.y ::,:- ;;,:\JE ..-- 

1F YES. SERIES NUMBER OF RULE BElNG AMENDED. 

OF RULE BmG AMENDED. Examination and Issuance of Driver's Licenses 

Do Not Mark In Thls Box 4 

--- - !i ?I:; 0 

- cn 

2908 AP4 15 A?! 9: 7.1 

. rn 

,'. . . :I. , . I ;:, SI:'~-!: 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

AGMCY: Division of Motor Vehicles TITLE NLIMBER~ 

AMENDMENT TO AN EXISTING RULE: YES X NO - 

IF YES. SERIES NUMBER OF RULE BEING AMENDED: 

TITLE OF RULE BEMG AMmDED, DiscIosure of Information From the Files of the 

Ukv~s~on ot Motor Vehlcles 

IF NO. SERIES NUMBEROF RULE BEMG PROPOSED: IF NO. SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED. TITLE OF RULE BEING PROPOSED. 

--------------------------------------_------- 

THE ABOVE RULE HAS BEEN AUTHORlZED BY THE WEST VIRGINL4 LEGISLATURE. 

AUTHORIZATION IS CITED TN (house or wnate bill number) House Bill 4244 

C.E~TION WV Code 864-8-2(a) PASSED ON March 6,2008 

THIS RULE IS FILED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTWE ON THE 

FOLLOWING DATE: luly 

/ ' Authorized Signature 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VlRGINIA LEGISLATURE. 

AUTHORIZATION IS CKED IN (house or senate bill nun~hr) House Bill 4244 

SECTION WV Code $64-8-2@) PASSED ON March 6.2008 

THIS RULE IS FILED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWING DATE: 2008 
1 - 'I.. .' - .L 

Form #6 1 __________L_____----------- Fonn#6 

WEST VIRGINIA 

SECRETARY OF STATE . BETTY IRELAND 

I ADMINISTRATIVE LAW DIVISlON 

i 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VlRGlNlA LEGISLATURE 

W Department of Administration/ 

AGENCY: !4V Pharmaceutical Cost Management Council TITLE NUMBER^ 

AMENDMENT TO AN EXIST~NG RULE: YES - NO 2- 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 

TITLE OF RULE BElNG AMENDED: 

Do Nat Mark In Thlr BOX 

+ . ! : ?... WEST VIRGINIA 

-- - -.- SECRETARY OF STATE 

202; A"? 

CNIO: 16 LEGISLATIVE BETTY IRELAND 

::. .. ADMfNlSTRATIVE LAW DIVISION - . .:: ,:,) - . , ' -. .: ?;;.:;,c :,;;:,;-. 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 1 

. . TlTLE OF RULE BEING PROPOSED:~~~E~~~~SG Re~ort~ne 

~;~dt~ark$~ T~IP Box 

. .. , 

.- *fly? ,I P? , , 

AH 10: 2 i 

#-:La., c:, ,. - :. .p~, , . .,. '& . , i// $;-dTF 1.7 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGTNIA LEGISLATURE. 

AUTHORIZATION IS CITED DJ (house or senate bill number) Senate 349 

SECTION 64-9-1 , PASSED ON March 8,2008 

THlS RULE IS FlLED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

AGENCY: Wcst Virginia Solid Waste Management Board TITLENUMBER 54 

AMENDMENT TO AN EXISTING RULE: YES - NO 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: NIA 

TITLE OF RULE BETNG AMENDED N/A 

IF NO. SERIES NWER OF RLnE BEWG PROPOSED: 54 CSR 6 

TITLE OF RULE BEING PROPOSED: Performance Measures and Review Standards for Solid 

Waste Aulhorities Omtina Commercial Solid Waste 

Facilities 

_---__-__-___-_-_-_----------------------- 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGMIA LEGISLATURE 

AUTHORIZATION IS CITED IN (house or senate b1l1 number) SB 373 

SECTION 6 64-3-2 , PASSED ON Idarch 6, 2008 

THIS RULE IS FILED WITH THE SECRETARY OF STATE THIS RULE BECOMES EFFECTIVE ON THE 

July 1,2008 FOLLOWING DATE 

/ ~utho;rzed S~gnature 
WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

Form #6 1 

WEST VIRGINIA 

IOU! APJ I I AX 10: 03 LEG~s~T~VE SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

NOTICE OF FINAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VIRGINIA LEGISLATURE 

AGENCY: WVDEP. Division of Water t- T~E NUMBER:^^ 

AMENDMENT TO AN EXISTING RULE: YES NO - 

IF YES, SERIES NUMBER OF RULE BEMG AMENDED 

OF RULE BEING Requirements Governing Water Quality Standards 

DO Not Mark In This r..... Box ,- - 4 

c-- 3 ! -- , -. -- - . 

: 

-- e 

4 

NOTICE OF FlNAL FILING AND ADOPTION OF A LEGISLATIVE RULE AUTHORIZED 

BY THE WEST VlRGlNlA LEGISLATURE 

dz~cr how 

AGENCY: WVDEPl DWWM TITLE NUMB

AbENDMENT TO AN EXISTING RULE: YES X NO - 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 30 

TITLE OF RULE BEING AMENDm. WVMPDES Rules for CoaI Mining Facilities 

IF NO, SERIES NUMBER OF RULE BEMG PROPOSED: 

TlTLE OF RULE BEING PROPOSED: 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TlTLE OF RULE BEMG PROPOSED: 

THE ABOVE RULE HAS BEEN AUTHORlZED BY THE WEST VIRGMIA LEGISLATURE. 

AUTHORIZATION IS CITED IN (house or senate bill number) SB 373 

SECTION 8 64-3-'(Y) , PASSED ON March 6, *IM8 

THlS RULE IS FILED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWMG DATE: 2008 

u Authorized Signature a 

THE ABOVE RULE HAS BEEN AUTHORIZED BY THE WEST VIRGINIA LEGISLATURE. 

AUTHORIZATION IS CITED IN (house or senate bill number) SB 373 

SECTION s3-1(x) , PASSED ON Mmh 2008 

THlS RULE IS FILED WITH THE SECRETARY OF STATE. THIS RULE BECOMES EFFECTIVE ON THE 

FOLLOWING DATE: July 1,2008 

a~-xrwmu p< 

Authorized Signature fl 
WEST VIRGINIA 

SECRETARY OF STATE 

Betty Ireland 

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

,J&w . .. Re6oWrcer 

AGENCY: TITLE NUMBER: 47 

RULE TYPE: Intetpretive CITE AUTHORITY: W-va. code $12.1 1-m and41CSR $2-4.1.c. 

AMENDMENT TO AN EXISTING RULE: YESO NO^ 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 

TITLE OF RULE BElNG AMENDED: 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: ** 

TITLE OF RULE BEING PROPOSED:- 

DATE OF PUBLIC HEARING: 'Une3. 2WB TIME; 6:W PM. 

LOCATION OF PUBLIC HEARING: WFII Virginia Departmen1 of Envimnmen~ml Profcftion -Cooperr RockTraining Rwm 

601 57th Stpeel. SE 

Charlerlon. WV 25304 

COMMENTS LIMITED TO: ORAL^ WRITTEN( BOTH^ 

DATE WRITTEN COMMENT PERIOD ENDS: 1Unc3~2008 TIME: 6:00 P.M. 

WRIITEN COMMENTS MAY BE MAILED TO: 5 m. ~WWM 

Thc Deparimcnt rtquests that pcmns rr,ishing lo makc West Virginia Dcpsnrnent of Envimnmcntal Pmlrction 

comments at Ihc hearing makc an clfon to submit %\,riaen 601 57th S~rctl. SE 

mmrncnls ill order to lacilitatc llie revie\\* of these comments. XbtlssIon. WV 25304 

Tllc issues lo be henrd sllall be iilnilcd 10 llle pmpmed mle. 

AITACH A SUMMARY OF YOUR PROPOSAL 

0 Authorized Signalum (k-1 

STATE OF WEST VlRQlNlA 

OFFICE OF ME AlTORNEY GENERAL 

DARREU V. McGRAW. JR. CHARLESTON 25305 

ATTORNEY GENERAL 

MEMORANDUM 

TO: Higher Education Procurement Officers 

FROM: Dawn E. Warfield 

Deputy Attorney General 

(304) 558-2021 

FAX (304) 558-0140 

.-- 

- G I-. ,.- ' 

?, ...A. 4.. > 

.. - . . 

DATE: April 10.2008 I-<#+ :. C~ 

RE: Documents Needine Attomev General's ADD~OV~~ (REVISED1 

Pursuant to West Virginia Code 3 18B-5-4, the foIlowing Higher Education 

documents, including those for Marshall University and West Virginia University, require the 

Attorney General's approval "as to form" and sufficiency of execution: 

1. Contracts for legal services of any type, regardless of dollar amount. 

2. Contracts or change orders to contracts which make substantive changes to 

terms and conditions or standardized forms previously approved by the 

Attorney General. For this purpose, a "substantive" change is one which 

coilflicts with the provisions of the WV-96 Agreement Addendum. 

3. Lease-purchase agreements for capital improvements, including equipment, 

which total more than $1 00,000 over the life of the agreement; and 

4. Leases or other instruments for grounds, buildings, office or other space 

which exceed $100,000 annually in rental payments. 

The following documents have beenpreviousIy approved by the Attomey General's Office 

for use by Higher Education institutions: 

OTHER The WV-96 Agreement Addendum (rev. 10107) for use with Vendor terms 

and conditions; 

b AIA Documents A107, A201, A701 and El41 (1997 Editions) with prenpplaved S~rppien~e~~ta~ General Conditions for the Sfafe of Wes; Yirgiruia; 

Purchasing Division Performance Bond, Labor and Material Payment Bond, 

and roofing MaintenanceBond forms with achowledgments and rnisedseal 

on Power of Attomey; 

r Certificate of insurance on Acordc or similar form nnmilug the I~txiitrlfion ns 

Holder and agreeing to give 30 days' notice of cancellation or non-renewal 

(a binder or declarations page is not sufficient); 

+ Higher Education standard Equipment Lease Agreement and Leasepurchase 

Agreement terms and conditions; and 

Higher Education standard Contract of Lease terms and conditions. 

Ifyou do not have copies ofthese documents, let us know and we will provide them to you. 

Any contract that is not on one of these fonns, or which does not have a signed WV-96 

Agreement Addendum, must be submitted to the Attomey General's Office for review. Yoir are also 

re~ni~tded that no mod~$cafions may be made to the WV-96 Agreement Addendum without nuy 

express wriflen approval. 

Please feel fret to call me if you have any questions. 

cc: Lisa Comer, State Auditor's Office 

David Sull, State Auditor's Office 

Bruce R. Walker, General Counsel, HEPC 

Secretary of State (for filing in the State Register) 

r Purchasing forms contained in the Higher Education Purchasing Manual; 
NOTICE OF PUBLIC COMMENT PERIOD 20116 AFX 16 PN 2: 22 

OTHER 

The West Virginia Department of Environmental Protection (DEP) is annourlcing an . , , 

opportunity for public comment on a proposed revision to the State Implementation ?I1? (VJ, jo , :; ; :,I i 

attain and maintain the national ambient air quality standards for ozone and very fine particulate 

matter. The SIP is the plan developed by West Virginia in order to fuifill its responsibilities 

under the Clean Air Act (CAA) to attain and maintain the ambient air quality standards 

promulgated by the U.S. Environmental Protection Agency (U.S. EPA). The public comment 

period begins April 18.2008 and ends May 19,2008. 

In this proposed revision to the SIP, West Virginia is demonstrating compliance with 

specific CAA section 110(a)(2) requirements through a document affirming that the State meets 

these express requirements through authorities granted under state laws and regulations, as well 

as implementation of existing air programs. DEP is seeking comments on whether the document 

adequately demonstrates weit ~iiginia's compliance withthe pertinent federal CAA mandates 

related to these so-called infiashucture elements. 

Upon completion of the public notice period, and after addressing any written comment, 

the DEP will submit the final documentation to the U.S. EPA as a revision to the SIP. This 

proposed SIP revision is considered to be non-controversial in nature. Therefore, a public hearing 

will be held only if requested in writing, and the written request is received by May 19. 2008. 

Any person who requests a public hearing should idenrify any substantive issue they intend to 

raise in a hearing. If properly requested, the hearing will be held at 600 p.m. on May 27,2008 at 

the address below. A public notice a~ouncing whether a hearing will be held will be posted in 

the Wert Yirgirria Register published on May 23, 2008. 

Copies of the proposed CAA 61 IO(a)(2) SIP revision may be viewed between 830 a.m. 

and 4:30 p.m. at the DEP-Division ofAir Quality, 601 57'h SE, Charleston, WV 25304, 

beginning April 18.2008, or electronically upon c-mail request to: trnowrerQwvdep.org. The 

proposal may also be accessed via the following web address: www.wvdep.org/daq. Choose 

Public Notice and Comment. 

Send written comments to be included in the formal record to John A. Bentdict, Director, 

Division of Air Quality at the above address. Please identify the document to which the 

comments apply, the commenter's name, address, and telephone number. Comments will also be 

accepted by e-mail if received by 5:00 p.m. on May 19,2008 to: tmowre@wvdep.org. 

Comments submitted by U.S. Mail must be postmarked by May 19,2008. 

STATE OF m VIRGINIA 2flfll) APX 14 Pfl 3: 35 

DEPARTMENT OF HEALTH AND HUMAN RESOURCES ORkc of Communications and Lrgislafive Main 

SIatcCapilol Cmplu. Building 3. Rm 206 Ci '... ;..:- ..'. Jot ManchlnIlI Charleston, Wrrt Virginia 25305 ~E;ZR>.'kjl~iiha K&$& Walker Governor Tclcphonr (304) 558-7899 Secretory Fax: (304) 55E-7075 

April 8,2008 

The Honorable Joseph Minard The Honorable Bonnie Brown 

Senate Chairman House Chairman 

Legislative Rule Making Review Committee Legislative Rule Making Review Committee 

510 Hayrnond Highway 2328 Woodland Avenue 

Ciarksburg, West Virginia 26301 South Charleston, West Virginia 25303 

RE: Rules bills to be filed by DHHR for 2009 Session 

Dear Chairman Bmwn and Chairman Minard: 

Below is a tentative list of rules we will file wiU1 the Legislative Rule-Making Review 

Committee for the 2009 session. 

64CSR02 - OHFLAC, Medical Adult Day Care 

64SCR03 - OEMS, Public Water System 

64SCR11 - Behavioral Health Licensure 

64CST13 - Nursing Home Licensure 

78CSR01. - Child Care Center Licensing 

192 CSRO3 - Deaf and Hard of Hearing Commission, 

Qualifications for Interpreters 

If you have any questions, please contact me. I will be updating you on !he progress 

of these rules as the year progresses. 

Sincerely, 

% 

sistant Secretary 

cc: The Honorable Roman Prezioso 

The Honorable Don Perdue ' 

Judy Cwper 

Debra Graham 

Chris Curtis 

Jason Najmulski 
.Tr:! ,... . . 

. -- WEST VIRGINIA HEALTH CARE AUTHORITY -- - .-- , 

CERTlFlCATE OF NEED ?0!3 

100 Dee Drive '6 P,? 2:48 

Charleston, West Virginia 25311-1600 i,: - 

<7: . -. 

. .. '. -. . - ;:;? {. .. <; ;,. :, , April 14, 2008 - . L, .':;Ti 

LEGAL NOTICE 

Sonia D. Chambers, Chair, West Virginia Health Care Authority, announces the 

following Certificate of Need activities for the week ending April 11, 2008. 

AMENDED LETTER OF INTENT RECEIVED 

April 8, 2008 - Beckley Oncology Associates, Inc., dlbla Raleigh Regional Cancer 

Center, Beckley, Raleigh County, CON File #07-1-8556-X, acquisition of a second linear 

accelerator; capital expenditure: $2,000,000. The amendment is to increase the capital 

expenditure from $550,000 to $2,000,000. 

LETTERS OF INTENT RECEIVED 

April 7,2008 -West Virginia University Medical Corporation d/b/a University Health 

Associates, Morgantown, Monongalia County, CON File #08-6-8743-E, acquisition of a 

Positron Emission TomographyiCT Scanner; capital expenditure: $3,000.000. 

April 7, 2008 - West Virginia University Hospitals, Inc., West Virginia University 

Medical Corporation (dlbla University Health Associates), and WVU Mary Babb Randolph 

Care Center, Morgantown, Monongalia County. CON File #08-WV-8744-E, implementation 

of a mobile mammography service throughout West Virginia; capital expenditure: 

$880.000. 

EXPEDITED APPLICATIONS RECEIVED 

April 8,2008 - Mountaineer MedicaE Group, Inc., Mineral Wells, Wood County, CON 

File #08-5-8701-P, establishment of an urgent care facility in the South 

ParkersburglMineral Wetls area, Wood County, West Virginia; capital expenditure: 

$450,000. 

April 8, 2008 - Rehabilitation Hospital Corporation of America dlbla HealthSouth 

westem Hills Regional Rehabilitation Hospital, Birmingham, Alabama, CON File #08-5- 

8700-8. establishment of a satellite faciiitv on the carnDus of Camden-Clark Memorial 

CERTIFICATE -OF NEED APPROVAL lSSUED 

OTHER April 7, 2008 - CHG Acquisition, LLC, Dallas, Texas, CON File #07-2-8603-X, 

restnrcturing of Cornerstone Hearth Care Group Holding, Inc., which will result in a change 

in the beneficial ownership for Cornerstone Hospital of Huntington, LLC d/b/a Cornerstone 

Hospital of Huntington; capital expenditure: $1,628,000. 

LETTER OF INTENT EXPIRED 

Certificate of Need Regulation 5 11-3, (C.S.R. 5 65-7-1 1.3) states, in part, that 

letters of intent shall be effective for one year. The following represents a letter of intent 

that has expired: 

March 30, 2008 - Speedy Care, Inc., Beckley, Raleigh County, CON File #07-114- 

8505-2, development of home health services in Summers and Nicholas counties of West 

Virginia; capital expenditure: $20,000. 

Further information may be obtained on any of the above-referenced projects by 

contacting Dayle D. Stepp, Director, Certificate of Need Division. 

~os~itai located in Parkersburg, Wood -county, weit Virginia to provide inpatient 

rehabilitation services; capital expenditure: $608,850. 
STATE OF WEST VIRGINIA 

Department of Revenue 

State Tax Department 

Joe Manchin I11 Christopher G. Morris Governor State Tux Commtssioncr 

ADMINISTRATIVE NOTICE 2008-1 7 N - .. - ? - a Tf!:. 

. . -" < -'3 

Notice of Adjusted Interest Rates ' >> -.- - I --- On Tax Underpayments and Overpayments ;., . And on Public Contracts G;.. m . ,. 

For the Period of ?x 1. Z.7' r.. July 1,2008 through December 31, 2008 q:2L 9 [- Ill>- 0 

m 

West Virginia Code §§11-10-17 and 17a require the Tax Commissioner to 

establish interest rates every six months based on the adjusted prime rate charged by 

banks. The interest rate shall not be less than 8 percent. 

Notice is hereby given that for the period beginning July 1, 2008, and ending 

December 31, 2008, inclusive, the rate of interest on underpayments of tax will be 9.5 

percent, and the rate of interest on overpayments of taxes, and on public contracts 

when final payment is delayed, will be 8 percent. 

Notice of this determination by the Tax Commissioner was submitted to the State 

Register. 

State Tax Commissioner 

Issued: +-/[I - & g 

LEGAL DIVISKIN. P 0. BOX IMI. CHARLESTON. WV 15324-1W5 

TELEPHONE (1011 156-5110 

FAX (3041558-8118 

STATE OF WEST VIRGINIA 4 

A 

Department of Revenue W 

State Tax Department 

Christopher G. Morris Stnte Tlr Comrnirrioncr 

The HonorabIe Betty Ireland 

Secretaty of State 

Building 1 Suite 157K 

Capitol Complex 

Charleston, W 25305-0770 

Dear Ms. Ireland: 

West Virginia Code 5 11-1 0-5u provides for the inspection of retail establishments, 

which sell tobacco products. The purpose of these inspections is to enforce the youth antismoking law. To assist you in these inspections, the Law stipulates that the Tax Commissioner 

provide you with a listing of the names and business locations of each retail establishment, which 

will sell tobacco products. This list is to be provided in April and October each year. 

The department has created a program, which will extract the information necessary to 

identify those businesses selling tobacco products. Enclosed is your list for April 2008. 

Also, this information is available on an electronic data set, the format for which is 

enclosed. Please note that De~y Ledford, Manager of our Programming Division, is the contact 

person for any agency wanting access to that data set. In the event you want to access the 

information by utilizing the data set only, please advise and we will delete your agency from the 

mailing list for the print out. The information on the data set is updated daily. If you desire, both 

will be made available. 

Should you have any questions regarding the information being supplied. please do not 

hesitate to call me at (304) 558-8608. 

Sincerely, 

Victoria Martin, ~d~nit Supervisor 

Office of Business Registration 

Internal Auditing Division 

LITTUEW mrNE5s IEwITMTY)*r 

Imt LEE mET.EM, P 0 BOX I6&-ION. WV IlllLTELEsMIM OO+jlK(W 

PUllUllUjlY 
THE FOLLOWING ARE PUBLICATION DATES OF THE STATE REGISTER FOR 2008 

DATES ARE THE DATES ALL FILINGS ARE TO BE RECEIVED IN THE 

SECRETARY OF STATE'S OFFICE IN ORDER FOR THE MATERIAL TO APPEAR IN 

THE STATE REGISTER PUBLISHED ON THE DATE LISTED. 

Deadline Date 

January 2,2008 

January 9,2008 

January 16,2008 

January 23,2008 

January 30,2008 

February 6,2008 

February 13 2008 

February 20,2008 

February 27, 2008 

March 5, 2008 -- 

March 12,2008 

March 19, 2008 

March 26,2008 

April 2, 2008 

April 9, 2008 

April 16, 2008 

April 23, 2008 

April 30, 2008 

May 7,2008 

May 14,2008 

May 21,2008 

May 28,2008 

June 4,2008 

June 11,2008 

June 17,2008 

June 25,2008 

Publication Date 

January 4,2008 

January 11,2008 

January 18,2008 

January 25,2008 

February 1,2008 

February 8,2008 

February 15,2008 

February 22,2008 

February 29, 2008 

March 7, 2008 

March 14, 2008 

March 21,2008 

March 28,2008 

April 4, 2008 

April 11, 2008 

April 18, 2008 

April 25, 2008 

May 2,2008 

May 9,2008 

May 16,2008 

May 23,2008 

May 30,2008 

June 6,2008 

June 13,2008 

June 19,2008 

June 27,2008 

Meeting may be 

held on or after 

January 9,2008 

January 16,2008 

January 23,2008 

January 30,2008 

February 6,2008 

February 13,2008 -. -. - . - . - - 

February 20, 2008 

February 27, 2008 

March 5, 2008 

March 12,2008 

March 19, 2008 

March 26,2008 

April 2, 2008 

April 9, 2008 

April 16, 2008 

April 23, 2008 

April 30, 2008 

May 7,2008 

May 14,2008 

May 21,2008 

May 28,2008 

June 4,2008 

June 11,2008 

June 18,2008 

June 24,2008 

July 2, 2008 

Deadline Date 

July 1,2008 

July 91 

l6v 2008 

23, 2008 

30, 2008 

August 2008 

August 13,2008 

August 20,2008 

August 27,2008 

September 3, 2008 

September 10,2008 

September 17,' 2008 

September 24, 2008 

October 1, 2008 

October 8,2008 

October 15,2008 

October 22,2008 

October 29,2008 

November 5,2008 

November 12,2008 

November 19,2008 

November 24,2008 

December 3,2008 

December 10,2008 

December 17,2008 

December 22,2008 

December 29,2008 

Publication Date 

July 3, 2008 

July 1 1, 2008 

July 18, 2008 

July 25, 2008 

August 1,2008 

August 8,2008 

August 15,2008 

August 22,2008 

August 29,2008 

September 5, 2008 

September 12,2008 

September 19,2008 

September 26,2008 

October 3,2008 

October 10,2008 

October 17,2008 

October 24,2008 

October 31,2008 

November 7,2008 

November 14,2008 

November 21,2008 

November 26,2008 

December 5,2008 

December 12,2008 

December 19,2008 

December 24,2008 

January 2,2009 

Meeting may be 

held on or after 

July 8, 2008 

July 16, 2008 

July 23, 2008 

July 30, 2008 

August 6,2008 

August 13,2008 ,- 

August 20 2008 

August 27,2008 

September 3,2008 - 

September 10, 200!- 

September 17, 2008 

September 24,2008 _ 

October I, 2008 _-_ 

October 8, 2008 

October 15,2008 - 

October 22, 2008 

October 29,2008 

November 5,2008 

November 12,2008- 

November 19, 2008 

November 26, 2008, 

December I, 2008 

December 10, 2008 

December 17, 2008 - 

December 24, 2008- 

December 29, 2008 

January 7,2009