WEST 

VIRGINIA 

REGISTER 

Published by the Office of the Secretary of State 

I I CONTENTS 

Volume XXV I I. Chronological Index 

Issue 28 I II. Open Government Meetings Listing 

July 1 1,2008 I lli. Price List 

Pages 1 180 - 1235 I IV. Rule Monitor 

A Weekly Publication I a. Legislative Rules 

I b. Interpretive Rules 

I c. Procedural Rules 

Administrative Law Division 

Judy Cooper, Manager 

Betty Ireland 

Secretary of State 

Administrative Law Division 

Bldg. I, Suite 157K 

1900 Kanawha Blvd. E. 

Charleston. WV 25305-0770 

d. Emergency Rules 

e. Legislative Rule-Making Review Committee 

I 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 
AGENCY 

Administration 

Air Quality 

Attorney General's Office 

Broadcast Music, Inc. 

Center for Nursing, WV 

Counseling, WV Bd. Of Examiners 

DEP 

Developmental Disabilities Council 

Economic Development Authority 

Fire Marshal's Oftice 

Grievance Report 

Hatfield McCoy Regional Recreation Authority 

Health Care Authority 

Homeland Security & Emergency Management 

Hospital Finance Authority 

Housing Development Fund 

Insurance Commission 

Kanawha County Solid Waste Authority 

King Coal Highway 1-73/74 Authority 

Labor 

Little Kanawha River Parkway Authority 

Lottery 

McDowell Co Solid Waste Authority 

Miners' Health Safety & Training 

Mining and Reclamation 

National & Community Service, Commission for 

Natural Resources 

Ohio County Commission 

Parkways Economic Development and Tourism Authority 

Partnership to Promote Community Well-Being 

Personnel 

Professional Engineers Board 

Professional Surveyon, Board of 

Public Defender Corp., 151h Judicial Circuit 

Public Defender Corporation (1 81h) 

Public Defender Corporation 91h Judicial Circuit 

Public Employees Insurance Agency 

Public Health 

Purchase of Commodities & Services from the Handicapped 

Registered Professional Nurses 

Solid Waste Management Board 

State Rail Authority 

Statewide Addressing and Mapping Board 

Tax Appeal Decisions 

Tourism 

Veterinary Medicine 

Waste Management 

Water Resources 

West Virginia University Board of Governors 

West Virginia University Hospitals 

Wheeling-Ohio County Health Department 

WV Consolidated Public Retirement Board 
CHRONOLOGICAL INDEX, VOLUME &XJ ISSUE 28 

NEW PROPOSED RULES FILED FOR PUBLIC HEARING THIS WEEK 

AGENCY 

Air Quality 

(45-1 ) 

Air Quality 

(45-8) 

Air Quality 

(45- 1 3) 

Ambient Air Quality Standards 

Legislative 

RULElTYPE AUTHORITY HEARINGICOMMENT PERIODILOCATION 

Repeal - Control and Reduction of Nitrogen Oxides from 922-5-4 Public Hearing: 

Non-Electric Generating Units as a Means to Mitigate August I 7, 2008, 6:OOpm 

Transport of Ozone Precursors WV Dept. of Environmental Protection 

Legislative Coopers Rock Conference Room 

601 57" Street, SE 

Charleston, WV 25304 

Written Comments: 

August 1 I, 2008, At close of hearing 

Kathy Cosco, Public lnformation Office 

WV De t. of Environmental Protection R 601 57 Street SE 

Charleston, WV 25304 

Public Hearing: 

August 11, 2008, 6:OOpm 

WV Dept. of Environmental Protection 

Coopers Rock Conference Room 

601 57Ih Street, SE 

Charleston, WV 25304 

Written Comments: 

August 71, 2008, At close of hearing 

Kathy Cosco, Public lnformation Office 

WV Dept. of Environmental Protection 

601 57' Street SE 

Charleston, WV 25304 

$22-5-1 et seq. Public Hearing: 

August l I, 2008, 6:OOpm 

WV Dept. of Environmental Protection 

Coopers Rock Conference Room 

601 57th Street, SE 

Charleston, WV 25304 

Written Comments: 

August I I, 2008, At close of hearing 

Kathy Cosco, Public lnformation Office 

WV De t of Environmental Protection R . 60A 57' Street SE 

Charleston, WV 25304 

Permits for Construction, Modification, Relocation and 

Operating of Stationary Sources of Air Pollutants, 

Notification Requirements, Administrative Updates, 

Temporary Permits, General Permits and Procedures for 

Evaluation 

Legislative 
CHRONOLOGICAL INDEX, VOLUME ISSUE 28 

AGENCY 

Air Quality 

(4 5- 1 4) 

Air Quality 

(45-1 6) 

Air Quality 

(45-25) 

NEW PROPOSED RULES FILED FOR PUBLIC HEARING THIS WEEK 

RULEITY PE AUTHORITY 

Permits for Construction and Major Modification of Major 922-5-4 

Stationary Sources of Air Pollution for the Prevention of 

Significant Deterioration 

Legislative 

Standards of Performance for New Stationary Sources 322-5-4 

Legislative 

Control of Air Pollution from Hazardous Waste Treatment, $522-5-4 and 22-1 8- 

Storage and Disposal Facilities let seq. 

Legislative 

HEARINGICOMMENT PERlODlLOCATlON 

Pubtic Hearing: 

August 11, 2008, 6:OOpm 

WV Dept. of Environmental Protection 

Coopers Rock Conference Room 

601 57th Street, SE 

Charleston, WV 25304 

Written Comments: 

August 7 1,2008, At close of hearing 

Kathy Cosco, Public Information Office 

WV De t. of Environmental Protection tR 601 57 Street SE 

Charleston, WV 25304 

Public Hearing: 

August 1 7, 2008, 6:OOpm 

WV Dept. of Environmental Protection 

Coopers Rock Conference Room 

601 571h Street, SE 

Charleston, WV 25304 

Written Comments: 

August 1 I, 2008, At close of hearing 

Kathy Cosco, Public lnformat~on Office 

WV De t of Environmental Protection R . 601 57' Street SE 

Charleston, WV 25304 

Public Hearing: 

August 11, 2008, 6:OOpm 

WV Dept. of Environmental Protection 

Coopers Rock Conference Room 

601 57" Street, SE 

Charleston, WV 25304 

Written Comments: 

August I I, 2008, At close of hearing 

Kathy Cosco, Public Information Office 

WV De t of Environmental Protection tR. 601 57 Street SE 

Charleston, WV 25304 
CHRONOLOGICAL INDEX, VOLUME XV ISSUE 28 

AGENCY 

Air Quality 

(45-26) 

Air Quality 

(45-34) 

Air Quality 

(45-37) 

NEW PROPOSED RULES FILED FOR PUBLIC HEARING THIS WEEK 

Emission Standards for Hazardous Air Pollutants 

Legislative 

RULErrYPE AUTHORITY HEARlNGlCOMMENT PERIODILOCATION 

Repeal - Nox Budget Trading Program as a Means of 522-5-1 et seq. Public Hearing: 

Control and Reduction of Nitrogen Oxides from Electric August 7 I, 2008, 6:OOpm 

Generating Units WV Dept. of Environmental Protection 

Legislative Coopers Rock Conference Room 

601 571h Street, SE 

Charleston, WV 25304 

Written Comments: 

August 11, 2008, At close of hearing 

Kathy Cosco, Public lnformation Office 

WV De t of Environmental Protection tR. 601 57 Street SE 

Charleston, WV 25304 

Public Hearing: 

August 1 I, 2008, 6:OOpm 

WV Dept. of Environmental Protection 

Coopers Rock Conference Room 

60q 57'h street, SE 

Charleston, WV 25304 

Written Comments: 

August I I, 2008, At close of hearing 

Kathy Cosco, Public lnformation Office 

WV De t of Environmental Protection F. 601 57' Street SE 

Charleston, WV 25304 

Public Hearing: 

August 1 1, 2008, 6:OOpm 

WV Dept. of Environmental Protection 

Coopers Rock Conference Room 

601 57'h street, SE 

Charleston, WV 25304 

Written Comments: 

August 11, 2008, At close of hearing 

Kathy Cosco, Public lnformation Office 

WV De t of Environmental Protection R . 601 57' Street SE 

Charleston, WV 25304 

Repeal - Mercury Budget Trading Program to Reduce 322-5-4 

Mercury Emissions 

Legislative 
CHRONOLOGICAL INDEX, VOLUME ISSUE 28 

AGENCY 

Fire Marshal's Office 

(1 03-3) 

NEW PROPOSED RULES FILED FOR PUBLIC HEARING THIS WEEK 

RULElTYPE AUTHORITY HEARlNGlCOMMENT PERIODlLOCATlON 

Supervision of Fire Protection Work 

Legislative 

Mining and Reclamation West Virginia Surface Mining Reclamation Rule 

(38-2) Legislative 

$29-3D-4 Written Comments Only 

August 1, 2008, 4:00 prn 

State Fire Marshal's Office 

1207 Quarrier Street, znd Floor 

ATTN: 103-3 Comment 

Charleston, WV 25301 

§§22-1-3(a), 22-3-4 Public Hearing: 

August 12, 2008, 6:00 pm 

Dept. of Environmental Protection 

Coopers Rock Training Room 

601 - 571" Street SE 

Charleston, WV 25304 

Written Comments: 

August 12, 2008, At close of hearing 

Kathy Cosco 

Public Information Office 

WV Dept. of Environmental Protection 

601 - 571h Street 

Charleston, WV 25304 

Written Comments Only 

August 1, 2008, 10:OO am 

Penney A. Hall, Chairperson 

Committee for the Purchase of Commodities & 

Services from the Handicapped 

Dept. of Administration 

1900 Kanawha Boulevard East 

State Capitol Room E-I 10 

Charleston, WV 25305 

Purchase of Commodities & Rules and Regulations for Fair Market Price Determination 55A-3A-5 

Services from the Legislative 

Handicapped 

(1 86-1 ) 
CHRONOLOGICAL INDEX, VOLUME KV ISSUE 28 

NEW PROPOSED RULES FILED FOR PUBLIC HEARING THIS WEEK 

AGENCY RULERYPE AUTHORITY HEARlNGiCOMMENT PERlODlLOCATlON 

Purchase of Commodities & Rules and Regulations Statewide Contracts 

Services from the Legislative 

Handicapped 

(1 86-3) 

Purchase of Commodities & Rules for Qualifications for Participation 

Services from the Legislative 

Handicapped 

(1 86-4) 

Waste Management 

(33-20) 

Hazardous Waste Management System 

Legislative 

§ 5A-3A-5 Written Comments Only 

August I, 2008, 10:OO am 

Penney A. Hall, Chairperson 

Committee for the Purchase of Commodities & 

Services from the Handicapped 

Dept. of Administration 

? 900 Kanawha Boulevard East 

State Capitof Room E-119 

Charleston, WV 25305 

Written Comments Only 

August I, 2008, 70:00 am 

Penney A. Hall, Chairperson 

Committee for the Purchase of Commodities & 

Services from the Handicapped 

Dept. of Administration 

1900 Kanawha Boulevard East 

State Capitol Room E-119 

Charleston, WV 25305 

Public Hearing: 

August 72, 2008, 7:00 pm 

WV Dept. of Environmental Protection 

Coopers Rock Training Room 

601 - 57th street SE 

Charleston, WV 25304 

Written Comments: 

August 12, 2008, At close of hearing 

Kathy Cosco, Public Information Office 

WV Dept. of Environmental Protection 

601 - 57th Street SE 

Charleston, WV 25304 
CHRONOLOGlCAL INDEX, VOLUME ISSUE 28 

AGENCY 

Waste Management 

(33-22) 

Waste Management 

(33-24) 

Water Resources 

(47-30) 

NEW PROPOSED RULES FILED FOR PUBLIC HEARING THIS WEEK 

RULEITYPE AUTHORITY HEARINGICOMMENT PERlODlLOCATlON 

Assessment of Civil Administrative Penalties 

Legislative 

Hazardous Waste Management Fee 

Legislative 

WV/NPDES Rules for Coal Mining Facilities 

tegisiative 

5522-1 5-A5 and 22- Public Hearing: 

18-17 August 14, 2008, 6:30 pm 

Coopers Rock Training Room 

Dept. of Environmental Protection 

601 517'~ Street SE 

Charleston, WV 25304 

Written Comments: 

August 14, 2008, Close of hearing 

Kathy Cosco, Communications Director 

Dept. of Environmental Protection 

601 57th Street SE 

Charleston, WV 25304 

$522-18-22(b) and Public Hearing: 

(c) August 12, 2008, 7:30 pm 

WV Dept. of Environmental Protection 

Coopers Rock Training Room 

601 - 57'h Street 

Charleston, WV 25304 

Written Comments: 

August 12, 2008, At close of hearing 

Kathy Cosco, Public Information Office 

WV Dept. of Environmental Protection 

601 - 57th street 

Charleston, WV 25304 

922-7 1-1 et. seq. Public Hearing: 

August 12, 2008, 6:30 pm 

Dept. of Environmental Protection 

Coopers Rock Training Room 

601 - 57th street 

Charleston, WV 25304 

Written Comments: 

August 12, 2008, at close of hearing 

Kathy Cosco, Public Information Office 

WV Dept. of Environmentai Protection 

601 - 57'h street SE 

Charleston, WV 25304 
CHRONOLOGICAL INDEX, VOLUME XXV ISSUE 28 

AGENCY 

Water Resources 

(47-32) 

Water Resources 

(47-34) 

Water Resources 

(47-56) 

NEW PROPOSED RULES FILED FOR PUBLIC HEARING THIS WEEK 

AUTHORITY HEARlNGlCOMMENT PERlODlLOCATlON 

Environmental Laboratories Certification and Standards of 922-1 -1 5 

Performance 

Legislative 

Dam Safety Rule 

Legislative 

Assessment of Civil Administrative Penalties 

Legislative 

Public Hearing: 

August q4, 2008, 6:00 prn 

Cooper's Rock Training Room (1203 and 3204) 

WV DEP Headquarters Building 

601 57'h Street SE 

Charleston, WV 25304 

Written Comments: 

August 14, 2008, close of hearing 

Kathy Cosco, Public Information Officer 

WV DEP 

601 ~7'~ Street SE 

Charleston, WV 25304 

5522-14-4; 22-14- Public Hearing: 

19(c) August 14, 2008, 7:30 pin 

Coopers Rock Training Room 

Dept. of Environmental Protection 

601 571h Sfreet SE 

Charleston, W 25304 

Written Comments: 

August 14, 2008, at close of hearing 

Kathy Cosco, Communications Director 

Dept. of Environmental Protection 

601 57'h street SE 

Charleston, WV 25304 

Public Hearing: 

August 14, 2008, 7:00 prn 

Coopers Rock Training Room 

Dept. of Environmental Protection 

601 57Ih Street SE 

Charleston, WV 25304 

Written Comments: 

August 14, 2008, Close of hearing 

Kathy Cosco, Communications Director 

Dept. of Environmental Protection 

601 57" Street SE 

Charleston, WV 25304 
AGENCY 

NO NEW EMERGENCY RULES WERE FILED THlS WEEK 

RULEITYPE AUTHORITY EFFECTIVE DATE DATE NOTICE FOR HEARING 
MEETING NOTICES 

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

Agency ] Date Filed ] Purpose Meeting Datekocation 

*This meding was filed lale and does not cow& wifh the Open Governmental Proceedings Act 

July 17, 2008 10:OO AM 

WV Rehabilitation Center 

Institute 

SmalI Conference Room 

July 17,2008 1 l:00 AM 

Offlce of the Attorney General 

Conference Room, State Capitol, Room 26E 

Charleston, WV 25305 

July 18,2008 9:00 AM 

1018 Kanawha Blvd E. 

9th Floor Conference Room 

Charleston, WV 

July 22,2008 10:OO AM 

Marshal1 University Graduate College 

100 Angus E. Peyton Drive 

South Charleston, West Virginia 

Robert C. Byrd Building Room 208 

July 17,2008 10:30 AM 

DEPOil and Gas Conservation Commission 

601 57th Street SE 

Charleston WV 253049260499 Ext 1656 

July 17,2008 1 1 :00 AM 

DEP 

Oil and Gas Conservation Commission 

601 57th Street SE 

Charleston WV 25304 

9260499 Ext 1656 

July 21,2008 5:30 PM 

WVDEP 

Conference Room 1 125 

601 57th Street, SE 

Charleston, WV 25304 

July 22, 2008 9:30 AM 

Stonewall Jackson Resort 

Roanoke, WV 

July 17,2008 10:OO AM 

Hino Motors Manufacturing U.S.A. Inc. 

1 Hino Way 

Williarnstown, Wood County, West Virginia, 

Regular Monthly meeting 

To attend to regular business of the Attorney General's Public Health 

Trust Fund Advisory Board annual meeting. 

Regular meeting. An agenda will be posted on The West Virginia Center 

for Nursing's website: http://www.wvcenterfomursing.org/ 

To conduct business related to the Iicensing of professional counselors 

HEARING In the matter of the request by Viking InternationaI 

Resources Co. Inc for an exception location for the drilling of the well 

identified as the M D Nutter API 4708509734 to be located in Grant 

District Ritchie County West Virginia. 

HEARING In the matter of the request by Hal1 Drilling LLC for 

exception locations for the drilling of the Ballouz 2 Vanscoy 1 Chess 2 

Sarah Hurst 1 Newlon 1 and Newlon 2 Coffinan 2 Undersood 2 Starkey 

I Cottrill I and the Mutschelknaus 6 to be drilled in Doddridge and 

Harrison Counties West Virginia. 

To satisfy requirements for submitting to USEPA a proposed modified 

11 l(d) 129 State plan to impIernent emission guidelines for HMIWl and 

CISWI. 

Quarterly Council Meeting 

Will hold annual meeting to elect officers in conjunction with its regular 

monthly meeting. Under its authority the Board of Directors will address 

requests for industrial deveIopment bond allocations for taxexempt debt. 

Administration 

Purchase of Commodities and 

Services@om the Handicapped, 

Governor5 Committee for the 

Attorney General's Office 

Public Health Trust Advisory 

Board 

Center for Nursing, WV 

Board ofDirectors 

Counseling, West Virginia Board 

of Examiners in 

DEP 

Oil and Gas Conservation 

Commission 

DEP 

Oil and Gas Conservation 

Commission 

DEP - Division of Air Quality 

Air Qziali~ 

Developmental Disabilities Council 

Economic Development Authority 

12/7/2007 

6/3 0/2008 

6/17/2008 

6/6/2008 

7/7/2008 

7/7/2008 

6/18/2008 

1/7/2008 

7/9/2008 

MEETING NOTICES 

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

Agency I Date Filed I Purpose Meeting Datenocation 

*This meefing was filed late and does not compIy with fhe Open Covernmeplfal Proceedings Act 

July 16,2008 10:OO AM 

600 Slack Street 

Charleston, WV 

July 16,2008 12:OO PM 

Kermit Community Building located behind 

the Kermit City Hall 

July 17, 2008 10:OQ AM 

Office of WV Division of Labor 

Bldg. 6 Rrn. B749 Capitol Complex 

Charleston WV 25305 

July 21, 2008 7:00 PM 

Comfort Suites 

167 Elizabeth Pike 

Mineral Wells, WV 26150 

July 23,2008 10:OO AM 

Lottery Headquarters 

3 12 MacCorkle Avenue 

Charleston WV 

July 23, 2008 1 1 :00 AM 

Lottery Headquarters 

3 12 MacCorkle Avenue 

Charleston WV 

July 16, 2008 12:OO PM 

Conference call at Lottery headquarters 

3 12 MacCorkle Avenue 

Charleston WV 

July 23,2008 9:00 AM 

Lottery Headquarters 

3 12 MacCorkle Avenue 

Charleston WV 

July 10,2008 1 1 :00 AM 

Mercer Street 

Welch, WV 

regular monthly meeting 

Regular Meeting 

Manufactured Housing Board Meeting Agenda: 1. License Renewals; 2. 

License; Applications: 3. Disciplinary Hearings; 4. LegisIative 

Discussion 

Annual Meeting to elect officers and conduct all routine business that 

may come before the Authority. 

Monthly committee meetings 

Monthly business meeting 

Approval of video games of licensed or permitted video lottery terminal 

manufacturersset agenda for the July 2008 monthly business meeting 

Monthly committee meeting 

Regular Meeting 

Kanawha County Solid Waste 

Authority 

King Coal Highway 1-73/74 

Authority 

Labor 

Manufactured Housing 

7/2/2008 

6/26/2008 

7/3/2008 

Little Kanawha River Parkway 

Authority 

Lottery 

FinanceAudit 

GurnesRuIesSecuri~Marketi~lg 

Committees 

Lottery 

Commission meeting 

Lottery 

Lottery 

Building Committee 

McDowell CO Solid Waste 

Authority 

7/2/2008 

7/8/2008 

7/8/2008 

7/8/2008 

7/8/2008 

*7/2/2008 
MEETING NOTICES A 

Open Governmental Proceedings Act 86-9A et seq. -.L 

* 

*This meeiing wasfiled late and does not comply with the Open Governmentai Proceedings Ad 

Agency I Date Filed 1 Purpose 

- 

Meeting DateLocation A 

July 23,2008 10:OO AM 

WV Office of Miners' Health, Safety & 

Training 

14 Commerce Drive 

Westover, WV 2650 1 

July 16,2008 10:OO AM 

165 1 Washington Street East 

Charleston, WV 

July 16, 2008 1:00 PM 

Charleston Civic Center 

Charleston, WV 

July 17, 2008 6:00 PM 

1500 Chapline Street Room 2 15 

Wheeling WV 26003 

July 17,2008 1 100 PM 

Administration Building 

33 10 Piedmont Road 

Charleston, WV 25306 

July 18, 2008 9:00 AM 

WV State Police Professional Development 

Center Institute, WV 

July 23,2008 1 l:30 AM 

WV Prevention Resource Center 

1400 Ohio Ave 

Dunbar 

July 17, 2008 2:00 PM 

Building 6, Room 425 

State Capitol Complex 

Charleston, West Virginia 

July 22, 2008 9:00 AM 

WV PE Board Office 

300 Capitol Street - Suite 9 10 

Charleston, WV 

July 22,2008 10:OO AM 

Sutton Board Office 

Miners' Health Safety & Training 

Mine Safety Technology Task Force 

Miner's Health Safety and Training 

Board of Coal Mine Health and 

Safetv 

National & Community Service, 

Commission for 

Quarterly Commission Meetin 

Ohio County Commission 

Parkways Economic Development 

and Tourism Authority 

Facilities Committee 

Partnership to Promote Community 

Well-Being 

Regular Quarterly Meeting 

Partnership to Promote Community 

Well-Being 

Comprehensive Planning work 

group 

Personnel 

Personnel Board 

Professional Engineers Board 

Professional Surveyors, Board of 

6/24/2008 

6/18/2008 

7/2/2008 

7/2/2008 

7/9/2008 

6/26/2008 

6/5/2008 

7/1/2008 

1/8/2008 

7/1/2008 

Monthly meeting of the task force. 

Continuation of 15th meeting. 

To conduct regular business of the Commission 

County Business 

Approval to award a contract to the Iowest bidder that meets all 

specifications for the purpose of constructing a new Standard 

Maintenance Salt Building. 

Regular Quarterly Meeting. Agenda will be available 3 days prior to 

meeting at www.prevnet.org. For more information, please call (304) 

766-6301 x 12. 

continue discussion on draft comprehensive plan 

The State Personnel Board will meet to conduct business and to consider 

other administrative matters. 

Regularly scheduled Board Meeting. An agenda will be available at ieast 

3 business days prior to the meeting by contacting the Board office. 

Regular Board Meeting conducted via teleconference to include 

disposition of complaints. 
MEETLNG NOTICES 

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

Agency [ Date Filed 1 Purpose Meeting Date/Location 

*This meeting wasflied late and does not comply with the Open Governmental Proceedings Ad 

Public Defender Corp., 15th 

Judicial Circuit 

Public Defender Corporation (1 8th) 

Board of Directors 

Public Defender Corporation 9th 

Judicial Circuit 

Registered Professional Nurses 

Solid Waste Management Board 

Regular Board Meeting 

Solid Waste Management Board 

Finance Committee 

State Rail Authority 

Board of Directors 

Statewide Addressing and Mapping 

Board 

Quarterly meeting 

Regular Quarterly Board Meeting. 

Old Business, New Business, Caseload statistics, any and all other 

matters brought before the Board.; The public is invited to attend. 

1st meeting of new fiscal year. General meeting. 

Special Board Meeting 

Agenda items to be discussed at the regular meeting will include Election 

of Officers Financial Reports Kanawha County Solid Waste Authority 

Commercial Solid Waste Facility Siting Plan Update Ritchie County 

Solid Waste Authority Commercial Solid Waste Facility Siting Plan 

Update Wetzel County Solid Waste Authority FY 2008 Grant Budget 

Revision Request Upshur County Solid Waste Authority FY 2008 Grant 

Budget Revision Request Greenbrier County Solid Waste Authority Loan 

Analysis Report and Resolution Aggregate Amount of Grant Funds 

Available Approval of FY 2009 Grant Applications and FY 2010 

Appropriation Request. 

Agenda items to be discussed at the finance committee meeting wiIl 

include Conference call presentation by Rob Adams of Gibbons Kawash 

on Board Financial Audit. 

Regular Board of Directors meeting 

Emergency Meeting - financia1 and sunset issues. 

6/ 17/2008 

6/30/2008 

71212008 

6/12/2008 

7/8/2008 

7/8/2008 

7/8/2008 

7/2/2008 

July 23, 2008 2:00 PM 

215 So. Third Street 

Chase Tower West #600 

Clarksburg, WV 2630 1 

July 23,2008 8:00 AM 

Public Defender Corp. 

202 Tunnelton St 

Kingwood, WV 

July 16,2008 12:OO PM 

Conference room 

Public Defender Corporation 

1460 E. Main Street (Law Building}, 3rd 

Floor 

Princeton WV 

July 17,2008 4:30 PM 

10 1 Dee Drive, Suite 102 

Charleston, WV 253 11 

July 16,2008 11 :00 AM 

Davis Room 

Blackwater Falls State Park Lodge 

Route 32 Tucker County 

Davis, West Virginia 

July 16,2008 IO:00 AM 

Davis Room 

Blackwater Falls State Park Lodge 

Route 32 Tucker County 

Davis, West Virginia 

July 23,2008 10:30 AM 

Fiatwoods WV 

July 3, 2008 11:OO AM 

Conference call. For further information and 

dial in instructions, please call 558-5300. 
MEETING NOTICES 

*This meeting wasfiled Ide and does not co~npiy wifh the Open Governmenial Proceedings Act 

July 10, 2008 10:00 AM 

DOT - State Capitol Complex 

Building 5, 8th Floor Conference Room. 

July 17, 2008 I :00 PM 

Division of Tourism 

90 MacCorkle Ave S W 

South Charleston 

July 9,2008 11:30 AM 

Stewart Hall LCR 

or By Telephone 

1-800-446-1 162 x 540728 

July 16,2008 4:30 PM 

Administration Conference Room 

July 18,2008 2:00 PM 

West Virginia United Health Systems 

1000 Technology Drive 

Fairmont, WV 

July 22, 2008 12:OO PM 

City/County Building 

1500 Chapline Street, 1st Floor 

Wheeling, WV 26003 

July 22, 2008 2:00 PM 

Consolidated Public Retirement Board 

4 10 1 MacCorkle Avenue SE 

Charleston West Virginia 25304 

July 23,2008 10:OO AM 

Consolidated Public Retirement Board 

4 10 1 MacCorkle Avenue SE 

Charleston West Virginia 25304 

July 23,2008 9:00 AM 

Consolidated Public Retirement Board 

4 10 1 MacCorkle Avenue 

Charleston West Virginia 25304 

Emergency Meeting for Preparing for sunset of board, rule changes, 

intergovernmental agreements. 

Review & approve minutes,committee reports as appropriate, division 

report, old and new business and any related matters. 

Emergency meeting to discuss possible settlement in the civil action 

between the WVU Board of Governors and Rich Rodriguez. 

Business Meeting 

To discuss business matters of the West Virginia Unviersity Hospitals 

Executive & Board Affairs Committee. 

Regular monthly meeting of the Board of Health. 

To conduct regular business 

To conduct regular business 

To conduct regular business 

Statewide Addressing and Mapping 

Board 

Sunset Committee & Finance 

Committee 

Tourism 

Tourism Commission 

West Virginia University Board of 

Governors 

West Virginia University Hospitals 

Medical Executive Committee 

West Virginia University Hospitals 

likecutive & Board Aflairs 

Committee 

Wheeling-Ohio County Health 

Department 

WV Consolidated Public 

Retirement Board 

Disability Review Committee 

WV Consolidated Public 

Retirement Board 

Board of Trustees 

WV Consolidated Public 

Retirement Board 

Accounting and Investment 

Committee 

7/2/2008 

7/1/2008 

7/9/2008 

7/2/2008 

6/26/2008 

6/17/2008 

7/9/2008 

71912008 

7/9/2008 
L PRICE LIST 

Air Quality 1 (45-8) 

RULElORDER 

1 Ambient Air Quality Standards 

i 

I 

AMOUNT 1 

i - --- 

Air Quality I Permits for Construction, Modification, Relocation kd Operation of Stationary Sources of 1 7 / (45-13) ! Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, ( $8.80 i 

I 

Repeal - Control and Reduction of Nitrogen Oxides from Non-Electric Generating Units 

i $13m50 

1 

as a Means to Mitigate Transport of Ozone Precursors i 

I General Permits, and Procedures for Evaluation 

Air Quality ! Permits for Construction and Major Modification of Major Stationary Sources of Air 

(45-14) / Pollution for the Prevention of Significant Deterioration - 

Air Quality / Standards ofPerformance for New Stationary sources 

(45- 16) 

- - . - - - -. . - - - -. 

E~ualit~--- -~e~e~~~udget Trading Program as a Means of Control and Reduction ( (45-26) ) Oxides from Electric Generating Units - -. -. -- - -. -. . - - - - -- - - . - - -. . I Air ~yalit~ I Emission Standards for Hazardous Air Pollutants 

I $22.90 1 (45-34) -- -- - - 1 . -. . . 

I . - . - - - . . I .7 

$13.00 I 

-- 

I 

I 

$23.60 I 

-- -- 1- - 1 Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities 

(45-25) I 

Air Quality I (45-37) 

$10.60 

I 

j Repeal - Mercury Budget Trading Program to Reduce Mercury Emissions 

i - - - - -. -. -- 

-SGervision ofFire protection Work 

7- -- . - - - - - - ..- 

Minlng and Reclamation I West virginia Surface Mining Reclamation Rule 7 

I i 

[ (38-2) I ; - I 

I ' Purchase of commodities & ! Rules and Regulations for Fair Market Price Determination $5.00 j 

Services from the Handicapped i i 
Purchase of Commodities & 

Services from the Handicapped 

(1 86-3) 

Purchase of Commodities & 

Services from the Handicapped 

Waste Management 

1 (33-20) -. . - - . . 

I Waste Management 

(3 3 -22) -. - - . -. - - I Waste Management 

. - - - . - - - - - - 

(47-32) -. . - .. - - - . - - - 

Water Resources I (47-34) 

1 Water Resources 

! (47-56) . - -. - . - 

Rules and Regulations Statewide Contract 

Rules For Qualifications for Participation 

Hazardous Waste Management System 

Assessment of Civil Administrative Penalties 

-- - -- - 

Hazardous Waste Management Fee 

WV/NPDES Rules for Coal Mining FaciIities 

- - . - . . . - - 

Environmental Laboratories Certification and Standards of Performance 

-. - -. -. - - 

Dam Safety Rule 

-- 

Assessment of Civil Administrative Penalties 
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 Coinment 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 Interpretive 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 

Telephone: 304-558-6000. Toll Free: 866-SOS-VOTE - Corporations: 304558-8000 . Fraud Hotline: 877-FRAUD-WV . Fax: 304-558-0900 . www.wvvotes.com . www.wvsos.com 
1197 CROSS REFERENCE OF RULE MONITOR TITLE NUMBERS AND AGENCIES 

TITLE NUMBER NAME OF AGENCY 

TlTLE 4 

TlTLE 5 

TlTLE 10 

TlTLE 14 

TlTLE 18 

TlTLE 19 

TITLE 22 

TlTLE 23 

TlTLE 26 

TlTLE 28 

TlTLE 29 

TITLE 32 

TlTLE 33 

TlTLE 36 

TlTLE 38 

TlTLE 42 

TlTLE 45 

TlTLE 46 

TlTLE 47 

TlTLE 58 

TITLE 61 

TlTLE 64 

TlTLE 65 

TlTLE 69 

TlTLE 81 

TlTLE 82 

TlTLE 85 

TlTLE 86 

TlTLE 90 

TlTLE 91 

TlTLE 96 

TlTLE 102 

TlTLE 103 

TlTLE 110 

TITLE 112 

TlTLE 114 

TlTLE 115 

TlTLE 117 

TlTLE 126 

TlTLE 133 

TlTLE 135 

TlTLE 143 

TlTLE 144 

TITLE 147 

TlTLE 148 

TlTLE 149 

TlTLE 150 

TITLE 153 

TlTLE 156 

TlTLE 157 

TITLE 158 

TlTLE 161 

TlTLE 162 

TlTLE 164 

TlTLE 175 

TITLE 178 

TlTLE 179 

TlTLE 188 

TITLE 191 

TlTLE 199 

TlTLE 204 

CHIROPRACTIC EXAMINERS 

DENTAL EXAMINERS 

LICENSED PRACTICAL NURSES 

WV BOARD OF OPTOMETRY 

RADIOLOGIC TECHNOLOGY ED OF EXAMINERS 

REGISTERED PROFESSIONAL NURSES 

FORESTRY 

LAND SURVEYORS 

VETERINARY MEDICINE 

CONTRACTORS LICENSING BOARD 

SPEECH PATHOLOGY 8 AUDIOLOGY 

ACUPUNCTURE 

OFFICE OF WASTE MANAGEMENT (FORMERLY PART OF TlTLE 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 

COMMUNIlY & TECHNICAL COLLEGE EDUCATION 

PERSONNEL 

DIRECT ADVERTISING GRANTS 

EMPLOYEE SUGGESTION AWARD BOARD 

ADMINISTRATION 

CRIME DELINQUENCY & CORRECTION, GOVERNOR'S COMMITTEE 

PUBLIC SERVICE COMMlSSlON 

SECRETARY OF STATE 

EDUCATION AND STATE EMPLOYEES GRIEVANCE BOARD 

DIVISION OF HIGWAYS 

ETHICS COMMlSSlON 

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 

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

Administration Purchasing Division 611 312008 7/14/2008 

(148-1) $5.40 

Legislative 

Agriculture 

(61-1) 

Animal Disease Control 6/26/2008 7/26/2008 

$8.80 

Leaislative 

Agriculture Disposal of Dead Poultry 

(61-1C) $4.00 

Legislative 

Agriculture Commercial Feed 

(61 -5) $9.60 

Legislative 

Agriculture Schedule of Charges for Inspection 6/26/2008 712612008 

(61-88) Services: Fruit 

$3.80 

Legislative 

Air Quality Repeal-Control and Reduction of 7/9/2008 811 112008 

(45-1) Nitrogen Oxides from Non-Electric 

Generating Units as a Means to 

Mitigate Transport of Ozone 

Precursors 

$13.50 

Legislative 

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

(45-8) $5.20 

Legislative -- -- -- -- - -- 

Air Quality Permits for Construction, 7/9/2008 811 It2008 

(45-1 3) Modification, Relocation and 

Operation of Stationary Sources of 

Air Pollutants, Notification 

Requirements, Administrative 

Updates, Temporary Permits. 

General Permits, and Procedures 

for Evaluation 

$8.80 

Legislative 

Air Quality Permits for Construction and Major 71912008 811 112008 

(45-14) Modification of Major Stationary 

Sources of Air Pollution for the 

Prevention of Significant 

Deterioration 

$13.00 

Legislative 

Air Quality Standards of Performance for New 7/9/2008 811 712008 

(45- 16) Stationary Sources A 

$23.60 A 

Legislative w 
. .. . 

OZ'* 

(SECL) sluap!sa~d 800219119 

a6allo3 uo!ge3np=~ 6u1Aoldw3 pue 6u!genlen=~ an!pall3 

'wluo3 pal sau!lap!n9 4 6u!uano~) sp~eoa u! tt9 800219 I-IL 800~~9 119 800~9

an!lels!Bal 

1-9'2) (8 OO'E$ 

~WS a~ueua~u!ew lo luaurd!nbq 

leo3 au!a 4)laaH pua lll!l!q!suodsatl JOJ aJe3 pue 11OL LOO210 1 111 LOOZlP QOOUOUZ 60021111 

an!lels!6al 

$ 1 00'0 

SUO!SS!W=J 

(LE-SP) urw6o~d 01 arrnpatl hn3~ayy 

Su!pe~ 800Z161L 1118 80021 J!V Al!len~ hn3~ayyqeada~ la6png 

an!$els!6a1 

OL'Zt$ 

zypa13 6u!lmaue9 q!un 

uo!pnpau ua6orl!r\ljo sap!xo UJOJJ 

~uel6o~d se e suealf~ lo lo~luo3 pue (91-SP) 

J!V I(l!len~ ~~N-leadatl 6u!pe~~laSpna 8002161L 1.18 800111 

an!jels!Ba1 

09'01$ 

a6e~ols pue lesods!a sa!l!lpej 

snoplezeH alseM 'luawleaJl 

40 J!y UO!ylOd W04 U61L 800 ti8 1 8OOZl lOJJU03 
- - -p 

RULE MONITOR 

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

Consolidated Public Refund, Reinstatement, Retroactive 611 8/2008 711 812008 

Retirement Board Service, and Loan Interest Factors 

(1 62-7) $4.20 

Legislative 

Consolidated Public Service Credit for Accrued and 611 812008 711 St2008 

Retirement Board Unused Sick and Annual Leave 

(1 62-8) $4.00 

Legislative 

Consolidated Public West Virginia State Police 613 812008 711 812008 

Retirement Board $4.60 

(1 62-9) Legislative 

Consolidated Public Deputy Sheriff Retirement System 611812008 711812008 

Retirement Board $5.00 

(1 62-1 0) Legislative 

Crime Delinquency Law Enforcement Training 6/18/2006 712112008 

and Correction Standards 

(1 49-2) $12.50 

Legislative 

Dental Examiners Rules for the WV Board of Dental 61412008 7/9/2008 61412008 

(5-1) Examiners 

$6.60 

Legislative 

Development Office Brownfield Economic Development 7/1/2008 713112008 

(145-1 1) Districts 

$5.40 

Leaislative 

Education Participation in Extracurricular 1 1H 512007 1211 712007 

(1 26-26) Activities (2436.1 0) 

$4.60 

Leaislative 

Education 214 Century Social Studies Content 111212007 2l1212007 

(1 2644D) Standards and Objectives for WV 

Schools (2520.4) 

$19.00 

Leaislative 

Education 21g Century Health Education 5-12 111 212007 211 UZ007 

(226-44E) Content Standards and Objectives 

for W Schools (2520.5) 

$13.80 

Education 214 Century Physical Education 5- 111212007 211 212007 

(12644F) 12 Content Standards and 

Objectives for WV Schools (2520.6) 

$12.70 

Legislative 

rU 

0 

0 
RULE MONITOR A 

" 

AGENCYlSERlES NO RULE NOTICE HEARING EMER RULE SEClSTATE LRMRC-ACTION LEGIS FINAL FllE EFFECTIVE 2 

Education Alternate Academic Achievement 511 612008 611 612008 

(1 26-44P) Standards for WV Schools 

(2520.16) 

$31.90 

Legislative 

Education 21a Century Science 9-12 Content 111 It2008 211 112008 311 312008 71112008 

(126-44R) Standards and Objectives for WV 

Schools (2520.35) 

$1 8.60 

Legislative 

Education 21' Century AdvisorlAdvisee 9-1 2 511 912008 611 912008 

(1 26-44U) Content Standards and Objectives 

for WV Schools (2520.29) 

$12.10 

Legislative 

Education Student Driver Eligibility Certificate 61612008 717/2008 

(1 26-84) (4 1 50) 

$4.00 

Legislative 

Education W School Bus Transportation 61612008 71712008 

(1 26-92) Policy and Procedures Manual 

(4336) 

51 7.70 

Legislative 

Education Minimum Requirements for the 61612008 71712008 

(1 26-1 36) Licensure of 

ProfessionaVParaprofessional 

Personnel and Advanced Salary 

Classifications (5202) 

$21.40 

Legislative 

Education Handbook on Planning School 6/6/2008 71712008 

(1 26-1 72) Facilities (6200) 

$34.30 

Legislative 

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

(1 26-202) Educational Agencies (8200) 

$1 5.00 

Legislative 

Environmental Votuntary Remediation and 7/1/2008 81412008 61212008 

Protection, Secretary's Redevelopment Rule Approved 

Office 518.10 612612008 

- -- -- - 

Ethics Commission Purchase, Sate or Lease of 611 612008 711 812008 

(1 58-3) Personal Property 

$3.40 I Legislative 
RULE MONITOR 

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

Ethics Commission Interest in Public Contracts 6/16/2008 7/18/2008 

(1 58-8) $3.60 

Legislative 

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

(1 58-9) $3.20 

Legislative 

Ethics Commission Employment Exemptions 611 612008 711 812008 

(158-1 1) $4.20 

Legislative 

Ethics Commission Lobbying 5/2/2008 6/4/2008 

(1 58-12) $4.80 

Legislative 

Ethics Commission Filing of Verified Time Records 611 612008 711 912008 

(158-14) $4.00 

Legislative 

Fire Marshal's Office Supervision of Fire Protection Work 71212008 8/1/2008 

(1 03-3) $4.80 

Health Nursing Home Licensure Rule 6/17/2008 7/18/2008 

(64-1 3) $22.50 

Legislative 

Highways Regulations Pertaining to Particular I112712007 12131 12007 

(1 57-1) Functions of the Commissioner of 

Highways 

$6.80 

Procedural 

Human Services Child Care Center Licensing 611 612008 8/16/2008 

(78-1 . 1 , $16.80 

Legislative 

lnsurance Commission Licensing and Conduct of lnsurance 513012007 7/2/2007 

(1 14-2) Producers, Agencies and Solicitors 

$4.20 

7/27/2007 Approved SB 417 4/29/2008 711 12008 

1 1/26/2007 

Insurance Commission Fingerprinting Requirements for 5/3012007 7/2/2007 7/27/2007 Modified & SB 417 51612008 8/1/2008 

(1 14-34) Applicants for Insurance Producer Approved 

License 1 1/26/2007 

$3.00 Filed 

Legislative 12J712007 

Insurance Commission Replacement of Life Insurance 5/3012007 7/2/2007 7/27/2007 Modified & SB417 5/6/2008 811 12008 

(1 14-8) Policies and Annuity Contracts Approved 

$5.80 1 1/26/2007 

Legislative Filed 

12/7/2007 
-- a - 

AGENCYJSERIES NO RULE NOTICE HEARING EMER RULE SECiSTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 

lnsurance Commission Advertisement of Life lnsurance and 513012007 71212007 

(?14-I 1) Annuities 

$4.60 

Legislative 

712712007 Modified & SB 417 51612008 81112008 

Approved 

1 2 12612007 

Filed 

121712007 

Insurance Commission Life Insurance Disclosures 5/30/2007 7/2/2007 7/27/2007 Modified & SB 41 7 51612008 81112008 

(1 14-1 1A) $4.60 Approved 

tegislative 11126/2007 

Filed 

12/7/2007 

Insurance Commission Suitability in Annuity Transactions 5/3012007 7/2/2007 7/27/2007 Modified & SB 417 5/6/2008 8/1/2008 

(114-116) $3.40 Approved 

Legislative 1 112612007 

Filed 

12/7/2007 

Insurance Commission Life Insurance Illustrations 513012007 71212007 7/27/2007 Modified & SB 417 5/6/2008 811 12008 

(114-11C) $5.40 Approved 

Legislative 1 1/26/2007 

Filed 

12i712007 

Insurance Commission Examiners and Examinations 513012007 7\2/2007 712712007 Approved SB 417 4/29/2008 711 12008 

(1 14-1 5) $5.20 1 212612007 

Legislative 

Insurance Commission Coordination of Health Benefts 611 912008 7121 12008 

(1 14-28) $9.20 

Legislative 

Insurance Commission Guaranteed Loss Ratios as Applied 513012007 7/2/2007 712712007 Modified & SB 417 412912008 412912008 

(1 14-31) to Individual Sickness and Accident Approved 

Insurance Policies 1 1/26/2007 

$3.80 Filed 

Legislative 12/7/2007 

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

(1 14-32) $15.10 

Legislative 

lnsurance Commission Actuarial Opinion and Memorandum 611 912008 712112008 

(114-41) Rule 

$9.60 

Legislative 

Insurance Commission Mental Health Parity 513012007 71212007 7/27/2007 Approved SB 417 4/29/2008 4/29/2008 

(1 14-64) $4.20 1 1/26/2007 

Legislative 

Insurance Recognition of Preferred Mortality 513012007 71212007 312212007 712712007 Modified 8 SB417 4/29/2008 412912008 

(1 14-69A) Tables for Use in Determining Approved Approved 

Minimum Reserve Liabilities 41312007 1212612007 

$3.20 Expired Filed 

Legislative 4/23/2007 1 2/7/2007 
-- - 

RULE MONITOR 

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

Insurance Viatical Settlements 611 312008 7/14/2008 5/16/2008 

(1 14-80) $6.60 Approved 

Legislative 512912008 

Amendment 

6/13/2008 

Approved 

6/26/2008 - -- 

Insurance Military Sales Practices 611 912007 711 9/2007 7/27/2007 Modified & SB 417 5/6/2008 8/1/2008 

(1 14-82) $4.20 Approved 

Legislative 1112612007 

Filed 

1 2/7/2007 

Insurance Discount Medical Plan 6/7 312008 711 412008 5/16/2008 

(1 14-83) Organizations and Discount Approved 

Prescription Drug Plan 6/6/2008 

Organizations Amendment 

$5.00 6/13/2008 

Legislative Approved 

6/26/2008 

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

(1 14-84) $4.00 

Legislative 

Insurance Professional Employer 611 912008 712112008 611 9M008 

(1 14-85) Organizations Approved 

$5.40 7/8/2008 

Leoislative - - - -- 

Insurance Commission Preneed Life Insurance Minimum 6/19/2008 712112008 

(1 14-86) Standards for Determining Reselve 

Liabil~ties and Nonforfeiture Values 

$3.80 

Legislative 

Medicine Licensure, Disciplinary and 512012008 6/27/2008 

(1 1-1 B) Complaint Procedures, Continuing 

Education, Physician Assistants 

$5.80 

Leaislative 

Medicine Establishment and Regulation of 512012008 612712008 

(1 1-2) Restricted Licensure Issued to an 

Applicant in Extraordinary 

Circumstances 

$3.40 

Legislative 

Medicine Definition of Surgery 

(11-10) $3.60 

Leaislative 
RULE MONITOR 4 

h'l 

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

Mining & Reclamation WV Surface Mining Reclamation 71812008 811 212008 

(38-2) Rule 

$28.80 

Legislative 

Motor Vehicles Collection of Tax on the Sate of a 611212008 8/1/2008 6/12/2008 

(91-9) Vehicle 

$4.40 

Legislative 

Natural Resources Boating Rules 611612008 711 912008 

(58-25) $4.80 

Legislative 

Natural Resources Hunting and Trapping Rules 71312008 91112008 

(58-45) $4.60 

Legislative Exempt 

Natural Resources Deer Hunting Rules 

(58-50) $3.40 

Legislative -- p- --- 

Natural Resources Lifetime Hunting, Trapping and 611 112008 7/11/2008 

(58-67) Fishing Licenses 

$3.40 

Legislative 

Natural Resources Hunting, Trapping and Fishing 611 1l2008 711112008 

(58-7 1 ) License and Stamp Fees 

$3.40 

Lesislative - 

Personnel Reimbursement of Compensat~on 511 912008 611 912008 

(143-8) Paid to State Employees for 

Training, Educat~on and 

Professional Development 

$5.40 

Legislative 

Physical Therapy General Provisions 

(16-1) $4.60 

Legislative 

PROMISE Scholarship WV Providing Real Opportunities for 1011 612007 1111 512007 1011 612007 

(134-1) Maximizing In-State Student Withdrawn 

Excellence (PROMISE) Scholarship 312612008 

Program 

$4.80 

-- -- -- 

Property Valuation Statewide Procedures for the 512112008 71312008 

Training 8 Procedures Maintenance and Publishing of 

Comm. Surface Tax Maps 

(? 89-3) $6.00 

Procedural 
RULE MONITOR 

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

Public Employees Plan Document 7/2/2008 7/2/2008 

Insurance Agency $31.30 

(15?-1) Exempt Legislative 

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

Commodities 8 Market Price Determination 

Services from the $5.00 

Handicapped Legislative 

(1 86-1 ) 

Purchase of Rules and Regulations Statewide 7/2/2008 81112008 

Commodities & Contract 

Services from the $4.80 

Handicapped Legislative 

Purchase of Rules for Qualifications for 7/2/2008 81112008 

Commodities & Participation 

Services from the $3.60 

Handicapped Legislative 

(1 86-4) 

Regional Jail & Criteria and Procedures for 1211 4t2007 111 412008 f 11 812008 

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 

Reg. Professional Policies, Standards and Criteria for 6/13/2008 711 412008 

Nurses the Evaluation and Accredbtation of 

(1 9-1) Colleges, Departments or Schools 

or Nursing 

$5.40 

Legislative 

Reg. Professional Limited Prescriptive Authority for 413012008 6/3012008 

Nurses Nurses in Advanced Practice 613012008 7/1012008 

(19-8) $5.00 

Legislative 

Reg. Professional Fees for Services Rendered by the 611 312008 7/14/2008 

Nurses Board and Supplemental Fee for the 

(1 9-1 2) Center for Nursing 

Respiratory Care Student Temporary Permits 6/11/2008 7/14/2008 611 112008 

(30-9) $3.60 Approved 

Legislative 612612008 -- - - - - - 

School Bullding SEA Requirements for 7/23/2007 812312007 7/23/2007 9/27/2007 Approved SB 459 4/2/2008 4/2/2008 

Authority of WV Comprehensive Educational Facilrty Effective 1211 012007 

(164-1) Plan 7/23/2007 

$5.80 Amendment 

Leqislative 9/27/2007 A 
RULE MONITOR -I 

. AGENCYISERIES NO RULE NOTICE HEARING EMER RULE SEClSTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTIVE 2 

School Building Funding School Building Authority 7/23/2007 812312007 7/23/2007 9/27/2007 Approved SB 459 41212008 4/2/2008 

Authority of WV Projects Effective 1 211 012007 

(1 64-2) $7.60 712312007 

Legislative Amendment 

9/27/2007 

School Building School Building Authority School 7/23/2007 8/23/2007 7/23/2007 9/27/2007 Approved SB 459 4/2/2008 41212008 

Authority of WV Planning and Design Criteria Effective 1211 012007 

(1 64-31 $4.00 712312007 

Legislative Amendment 

9/27/2007 

Schoo[ Building School Building Authority Project 712312007 8/23/2007 7/23/2007 9/27/2007 Approved SB 459 4/2/2008 4/2/2008 

Authority of WV Administration and Review Effective 7 211 012007 

(1 64-41 $1 0.80 712312007 

Legislative Amendment 

912712007 

School Building School Building Authority Contract 712312007 8/23/2007 7/23/2007 9/27/2007 Approved SB 459 41Z2008 41212008 

Authority of WV and Agreements Effective I211 012007 

(1 64-5) $6.20 712312007 

Legislative Amendment 

9/27/2007 

Amendment 

1211 012007 

School Building School Building Authority Reporting 7/23/2007 812312007 

Authority of WV Procedures 

(1 64-61 $9.60 

9/27/2007 Approved SB 459 4/2/2008 4/2/2008 

1211 012007 

-- - 

School Building School Access Safety Act 4/24/2007 512412007 412412007 711 212007 Approved SB 459 4/2/2008 4/2/2008 

Authority of WV Guidelines and Procedures Effective 12/28/2007 1 n12008 

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

Legislative Amendment 

7/? 112007 

Effective 

711 112007 

Secondary Schools Constitution 

Activities Comm. $7.20 

- - 

Secondary Schools Athletics, Provisions Governing 511 612008 611612008 

Activities Comm. Eligibiltty 

(1 27-2) $6.80 

Legislative 

Secondary Schools Provisions Governing Contests 511612008 611 612008 

Activities Comrn. $9.60 

(127-3) Legislative 

Secretarj of State Administration of the Address 11412008 2412008 11412008 211 512008 

(153-37) Confidential@ Program Approved 

515.00 2/8/2008 

Legistative 
RULE MONITOR 

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

Social Work Fee Schedule 612412008 7/25/2008 6/24/2008 

Examiners $3.40 

(25-3) Legislative 

Tax Department Repeal of Valuation of Intangible 513012008 7/3/2008 

(110-1L) Personal Property Including Stock, 

Accounts Receivable and Stock in 

Banks and Capital of Savings and 

Loan Associations for Ad Valorem 

Property Tax Purposes 

$5.20 

Legislative 

Tax Department Combined Returns Pursuant to an 6/27/2008 7/28/2008 

(1 10-1 OK) Investigation by the Tax 

Commissioner 

$3.40 

Legislative 

Tax Department Film Industry Investment Tax Credit 6/27/2008 7/28/2008 

(I 10-1 3X) $3.20 

Tax Department Electronic Filing and Payment of 6/27/2008 7/28/2008 

(1 10-39) Special District Excise Tax 

$3.40 

Legislative 

Tax Department Withholding or Denial of Personal 6/27/2008 7/28/2008 

(1 10-40) Income Tax Refunds from 

Taxpayers Who Owe Municipal 

Costs, Fines, Forfeitures or 

Penalties 

$4.20 

Legislative 

Tourism Direct Advertising Grants Program 611 312008 7/16/2008 

(144-1) $4.80 

Legislative 

Waste Management Hazardous Waste Management 7/8/2008 811 212008 

(33-20) System 

$15.40 

Waste Management Assessment of Civil Administrative 7/7/2008 6/14/2008 

(33-22) Penalties 

$6.80 

Legislative 

Waste Management Hazardous Waste Management Fee 7/8/2008 811 2t2008 

(33-24) $5.20 

Legislative 
-- -- - - 

RULE MONITOR 

AGENCYlSERlES NO RULE NOTICE HEARING EMEU RULE SECISTATE LRMRC-ACTION LEGIS N FINAL FILE EFFECTIVE a 

PA - 

Water Resources Requirements Governing Water 71312008 811812008 

(47-2) Quality Standards 

$12.90 

Legislative 

Water Resources Designation of Tier 3 Waters 4/15/2008 6/3/2008 

(47-24) $3.20 

Interpretive 

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

(47-30) Facilkties 

$13.70 

Legislative 

Water Resources Environmental Laboratories 7/2/2008 811 412008 

(47-32) Certification and Standards of 

Performance 

$10.40 

Legislative 

Water Resources Dam Safety Rule 

(47-341 $13.60 

Legislative 

Water Resources Assessment of Civil Administrative 7/7/2008 811 412008 

(47-56) Penakies 

$6.00 

Legislative 

Workers Comp. by the Claims Management and 4/29/2008 5/29/2006 

Insurance Comm. Administration 

(85-1) $6.40 

Workers Comp. by the Workers' Compensation Claims 4/29/2008 512912008 

Insurance Comm. Index 

(65-2) $4.00 

Workers Cornp. by the Workers' Compensation Debt 4/29/2008 512912008 

lnsurance Comm. Reduction Fund Assessments and 

Regulatory Surcharges 

$4.20 

Workers Comp. by the Workers' Compensation Policies, 4/29/2008 5/29/2008 

Insurance Comm. Coverage Issues and Related 

(85-8) Topics 

$6.60 

Workers Comp. by the Self Insurance, Self Administration 4/29/2008 5/29/2008 

Insurance Comm. and Third Party Administrators 

(85-1 8) $1 1.20 
NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 8 NOTICE OF A PUBLlC HEARING ON A PROPOSED RULE 

WEST VIRGINIA Do Not Mark In This Box WEST VIRGINIA 

SECRETARY OF STATE SECRETARY OF STATE 

Betty Ireland 2D?' ,171 - 3 -;;. : LEGlSLATlVE Betty Ireland 

ADMINISTRATIVE LAW DIVISION 

Form #I 

ADMINISTRATIVE LAW DIVISION --------------------------- Form #I --------------------------- 

AGENCY: WV Dcprrtmcnt oiEnuiromental Prolrction, Division of Air Quality T~TLE NUMBER: 45 

Do Not Mark In This Box 

-, -- 

2[92 :c -1 : I. 

. 

. . 

~. fl h 

RULE TYPE: Lcgislativc CITE AUTHORITY: 

AMENDMENT TO AN EXISTING RULE: YES^ NO 0 

IF YES, SERIES NUMBER OF RULE BENG AMENDED: 45CsRI 

REPEAL - Conhol and Reduclion oiNitragen Ox~der from Non-Elccbic Generating 

TITLE OF RULE BEING AMENDED:-- ~fto7~mnrmnne Prccu#mrs 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

DATE OF PUBLIC HEARING: Monday. Aupsr 11.1008 TIME: 6:00 p.m. 

LOCATION OF PUBLIC HEARING: WVDepamnl of Envimnmenhl Proteclion 

Cmvcrs Rock Conference Room 

DATE WRIlTEN COMMENT PERIOD ENDS: Auprr l'.'DOB TIME: A1 closc ofhearins 

WRITTEh' COMMENTS MAY BE MAILED TO: m. The Department rqucsts that persons wishing 10 make WV Depsdmmr oiEnvironrnenlal Pml~ccion 

cornrncnls at the hearing make an effort lo submit written 6Dl 57lh Sneer, S.E 

cornmcnls in older lo facilitate the revinv of thse comments. ~~~lnn. WV 25304 

The issuer lo be heard shall be limited lo Ihe pmpo~d mlc. 

c-----. 

AnACH Am SUMMARY OF YOUR PROPOSAL 

AGENCY: WV Dcprtmenl of Environmcnlal Prolcftion, Owision oIAir Qualiry ~TLE NUMBER: 45 

RULE Lcgislativc CITE AUTHORITY: 

AMFNDMENT To AN ExIsTTNG RULE: YES r NO o 

IF YES, SERlES NUMBER OF RULE BEING AMENDED: 4SCsR8 

TITLE OF RULE BEMG AMENDED: nrds 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

DATE OF PUBLIC HEARING: Monday. Augur1 11.1008 TIME: 6.W p.m. 

LOCATION OF PUBLIC HEARING: WV Dcpanment ofEnvimnmcntal Prolcclion 

Coopefr Rock Confe-cc Room 

6QI 57th Shect.S.E. 

fir.- .<lM 

COMMENTS LIMITED TO: ORAD WRITTEN BOTHLZ 

DATE WRITEN COMMENT PERIOD EM)S: Mmda~. A"6us' 1'.2008 ME: At close ofheer~ng 

WRITTEN COMMENTS MAY BE MAILED TO: JahY rThe Department requtrfs lhat persons wishing to makc W Drpamnenl of Env~ronmen~al Prolu~ron 

comrncnls at the hearing make an effort to submit wnttcn 

comments in order to facililatc the review of these comments 

The isruw lo be litard rl~all be limited a the proposed NIL r\ 

AmACH A -SUMMARY OF YOUR PROPOSAL 
Form #1 --------------------------- Form #1 . .. fQ --------------------------- 

NOTICE OF A PUBLtC HEARING ON A PROPOSED RULE NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

DO ~ot Mark In This BOL r- . r\3 

A 

2 

?pql' .- -- ., - * 

WEST VIRGINIA 

SECRETARY OF STATE 

Betty Ireland 

ADMINISTRATIVE LAW DIVISION 

RULE TYPE: Lcgirlativc CITE AUTHORITY: 

AMEND~ENT TO AN EXlSTING RULE: YES^ NO NO[ 

DO ~ot Mark In This BOX WEST VIRGINIA 

SECRETARY OF STATE 

LEGISLATIVE 2!?;;'!-> Betty Ireland 

ADMINISTRATIVE LAW DIVISION 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 45cm" 

Permils for Conrvunion. Madificalion, Rclocarion and Opcratlon of Stalimry 

I1 . . ,. . TITLE OF RULE BEMG AMENDEDW 

Temporary Pcrmiu. General Pmnils. and Prnccduru iw Evaluuion 

AGENCY: W Drpanrncnl of Environmcnwl Prolcction, Division of Air Quati5 TITLE NUMBER 45 

RULE TYPE: Legislative CITE AUTHORITY: 

AMENDMENT TO AN EXISTING RULE: YES NO 0 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 45CSR'4 

Pmnils for Conslruction ~nd Mnjor Modificaion of Major S tatlonary Sours6 or Air 

TITLE OF RULE BEMG AMENDED:- . .. , . 

IF NO, SERlES NUMBEROF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

IF NO, SERlES NUMBER OF RULE BEMG PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

DATE OF PUBLIC HEARMG: Monday. Auaust l I. 2008 TIME: 6.00 p m. DATE OF PUBLlC HEARING: Mond~y, Auysl 11.1008 TIME: 6:M p.m. 

601 57th Smsl. S.E. 601 57th SirceL S.E. 

rh.h. rw 'qln4 Fhr~lrrlnn llnl 731M 

COMMENTS LIMITED TO: 0a WRIT TEN^ IOTH~ COMMENTS LIMITED TO: ORAL[ WRIT~ENJ BOTH^ 

DATE WRI'KTEN COMMENT PERIOD ENDS: A"pst TIME: At close of hcanng DATE WRITTEN COM~ PERIOD ENDS: Monday, Augur1 1lu?W ME: At closcolhcaring 

WRITTEN COMMENTS MAY BE MALED TO: WRITTEN COMMENTS MAY BE MAILED TO: 

The Dcpamnent rcqucns that persons wishing to make WV Dtpertmenl of Environrncnial Protection The Department requests that persons wishing to make WV Dspanmm! of Enuimnmmral Promtion 

comments at the hearing mzkc an cffon to submit written 601 571h Strcel. S.E. commcnts at thc hearing make an effort to submit written 601 571h Slrccl. S.E. 

comments in order to facilitate the review of thcstcomrnenrs. -on. W\I ?S~M comments in ordcr to facilitate thc review of thcsc comments. mslnn. WV 25304 

The kuuu lo be heard shall be limited m fhcpmporsd mlc 

ATlACH A BRIEF SUMMhRY OF YOUR PROPOSAL 

- Tbc isrucs m be hsard shall be limited to Ihe proposed mlc. 

ATTACH Am SUMMARY OF YOUR PROPOSAL 
WEST VIRGINIA 1 - WEST VIRGINIA Do Not Mark In This Box -- . Do Not Mark In This Box 

z?-fi 81:' -,p ,: ,- -.. _. , , SECRETARY OF STATE 

LEGISLATWE 

SECRETARY OF STATE 

Betty Ireland 2802JL!1-3 ::::(-,. , Betty Ireland 

ADMINISTRATIVE LAW DIVISION 

Form #I . . . . 

ADMINISTRATIVE LAW DIVISION 

--------------------------- Fom #I --------------------------- b 

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

A~m~~: WV Dcpartmmt olEnvimnmcntal Protcclion, Division of Air Qualily ~TLENU~ER: 45 

RULE TYPE: Lcgislalivc CITE AUTHORITY: 

AMENDMENT TO AN EXISTING RULE: YES^ NO I 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 45CSR16 

TITLE OF RULE BEMG AMENDED: Slandn~Pcrlnnnancc lor New Slalionaw Sobtrccs 

RULE TYPE: Lcgislalive CITE AUTHORITY: 

AMENDMENT TO AN EXISTING RULE: YES^ NOD 

IF YES, SERIES NUMBER OF RULE BEMG AMENDED: 45CSR?5 

TITLE OF RULE BEING AMENDED:mir Pnlhblion Frem Hlnrdour ~rrrcnd Dsnds~>n%al Facililirr 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEMG PROPOSED: 

iF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEMG PROPOSED: 

DATE OF PUBLIC HEARING: Monday.Augwl l I. 2008 TIME: 6:OO p.m. DATE OF PUBLIC HEARWG: Monday. Au yt 1 1,1008 TIME: 6'00 p.m. 

LOCATION OF PUBLIC HEARING: WV DcpanmmtorEnvimnmcntal Pmleclion LOCATION OF PUBLIC HEARING: WV Dcpamncnl of Environmurlal Protection 

Coopen Rock Conferrncc Room Coopers Rock Conicrencc Room 

601 571h Strcct.S.E. 601 57th Slreel. S.E. 

"nr 7<1R* rh.,lrrlM l<l,,* 

DATE WRI'ITEN COMMENT PERIOD mDS: "Onday. A"p5t l1- 200E TIME: A1 CIOW OI hearing DATE WRITTEN COMMENT PERIOD ENDS: Mo*'y* Au~urt - m~: At close of hearing 

WRITTEN COMMENTS MAY BE MAILED TO: I(rmhrr- WRW COMMENTS MAY BE MALED TO: mrr 

Thc Department rcquests that persons wishing to make WV Depannunt of Env~mnmm~d Prolacllon The Dcpamnmt requests that persons wishing to make W Dep~nmcnl oIEnvlmnrncntal Trotcction 

comments at the hearing make an cfion to submit written 

commcnts in order to facilitate thc rcvicw of these comments. 

lllc issues la bel~eard rhall be limited m lhc propled rule. 

ATTACH A BRIEF SUMMARY OF YOUR PROPOSAL 

commcnts at the hcaring make an cffon lo submil writlen 

commcnts in order to facilitate the rcvicw of these comments. 

The ~uucs lo be heard rhall be limitcd lo he proposed rule. 

ATTACH A= SUMMARY OFYOUR PROPOSAL 
WEST VIRGINIA I Do Not Ma& In This Box WEST VIRGINIA I Do NokMyk In This Box- - 

SECRETARY OF STATE 

Be* Ireland 

2::: :::- -2 -. . SECRETARY OF STATE . . . I. : - LEG~sLATIVE Betty Ireland 

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

N 

2 

25:.: J;'; -1: - I ... .,. . w 

ADMINISTRATIVE LAW DIVISION 

Fon #I 

A~mCY: WV Dcplmncnl of Envirnnmnld Prolrction. Divisbn of Air Qudity ~TLE NUMBER: 45 

ADMINISTRATIVE LAW DIVISION 

RULE TYPE: Legislative CITE AUTHORITY: 

AMENDMENT TO AN EXISTMG RULE: YES^ NOO 

--------------------------- 6h Form #I --------------------------- 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 45CSR36 

TITLE OF RULE AMENDED, ~ 

Nitrogen Oxides from Electric Gcnerlting Units 

IF NO, SERIES NUMBER OF RULE BEMG PROPOSED: 

TITLE OF RULE BEMG PROPOSED: 

A~~~~y: WV Dcpamncnt of Environmcn~al Protection. Division of Air Quality T~E NUMBER: 43 

RULE Legislative CITE AUTHORITY: 

AMENDMENT TO AN EXISTING RULE: YES NO 0 

IF YES, SERIES NUMBER OF RULE BEMG AMENDED: 45CSR34 

TITLE OF RULE BEING AMENDED:pnts 

IF NO, SERIES NUMBER OF RULE BEMG PROPOSED: 

TITLE OF RULE BEMG PROPOSED: 

DATE OF PUBLIC HEARING: Monday. August 1 1,2008 6:Do p.m 

LOC-~ON OF PUBLIC HEARMQ WV Dcpmrlmtnt of Environmcnl~l Pmlslion 

Coopers Rock Conference Room 

60 I 571h SmcL S.E. 

r-h*rl..mn ?<,M 

COMMENTS LIMITED TO: OMIJ WWITEN~J BOTHIX 

DATE OF PUBLIC HEARTNG: Monday. August 11.2008 TIME: 6.00 p.m. 

LOCATION OF PUBLIC HEAR~G: WV Deparhncnl of Envimnmenlal Pmlcclion 

Coopen Rock Confercncc born 

601 571h Streel, S.E. 

<>*a 

COMMENTS L~MITED TO: O& WRI~ENI BOTHW 

DATE WNTTEN COMMENT PERIOD ENDS: MD"dny' 'Im 2008 TIME. A1 cLosc of hearing DATE WRlTTEN COMMENT PERIOD ENDS: Mod'Y. Auysr 'Oo8 *ME: Al close of hearing 

WRmEN COMMENTS MAY BE MAILED TO: W~r - WRIITEN COMMENTS MAY BE MAILED TO: m WV Dcpammt ofEnvironrncn1al Proieclion The Department rquwls that persons wishing to makc WV Dcpamnmt othvironmmlal Protection Thc Department requests that persons wishing la makc 

comments at the hearing make an effort to submit writlcn 601 57th Smcl, S.E. comments at the hearing make an effort to submit written MI 57lh Slreu, S.E. 

com~ncnls in order lo facililatc the rtvicw of lhcsc commcnl~. commcnls in ordcr to fa~ilitalc the review of thcsccornmcnls. W 25111.1 

The irrurr lo bt hard rhallbc limited ro tlx proposal mle. 

ATTACH A BRIEF SUMMARY OF YOUR PROPOSAL 

Thc issuer lo be heard shall be limited b thc pmgoscd rulc 

ATTACH A SUMMARY OF YOUR PROPOSAL 

Aulhorircd Signslurc 
AGENCY: WV Dcpanment otEnvironrnenlal Prolcclion, Division oiAir Quality TInE NUMBER: 45 

WEST VIRGINIA 

SECRETARY OF STATE 

Betty Ireland 

ADMINISTRATIVE LAW DIViSION FO~ #I --------------------------- 

RULE TYPE: Legistalivc CITE AUTHORITY: 

AMFNDMENT TO AN EXISTING RULE: YES) NO 0 

IF YES, SERIES NUMBER OF RULE BEMG AMENDED: 4sCSm' 

Ddqt.Mark In Th~s Box - - WEST VIRGINIA 

,'Y - - 2 " ' , I. ,.. LEGISLATIVE 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVlStON #,% 

TITLE 01: RULE BEING AMENDED:BEPEAL - MCTC LI rv I inc Prnmarn !n Redo CLMCISIIPIBO~S 

Do Net Mark In This Box - 

2008 JLlI. -2 p:' 1. 

"V Form #2 .......................... 

IF NO, SERlES NUMBEROF RULE BEWG PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

I"; 

AGENCY: Stsle Fire Marshal's Office TITLE NUMBER: 103 

RULE Lcgirlativc CITE AUTHORITY: 29-3D4 

AMENDMENT TO AN EXISTNG RULE: YES -?- NO - 

IF YES, SERIES NUMBER OF RULE BEMG AMENDED: ' 

TITLE OF RUtE BEmG mENDED.'Supemision oiFirc Protcclim Workm 

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

F NO. SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

DATE OF PUBLIC HEARMG: Monday. August 11,?008 TIME: 6:W pm. 

Coopers Rock Confcrcncc Room 

60 1 S71h Shct. S.E 

DATE WRITTEN COMMENT PERIOD ENDS: A"prl ". lWB TIME: A1 closc of hearing 

WRITTEN COMMENTS MAY BE MAILED TO: 

The Dcpanmcnt rcqucsts that persons wishing to make WV Department ot Envimnmental Profccl~on 

commcnu at thc hearing makc an cffon to submit written 60 1 S7lh Sml. S.E. 

comments in order to facilitals thc review of thcsc comments LWmnn. wV 2nfl4 

nlc issuer tobe heard ihall bc limited to he pmposcd rule. 

ATTACH A =SUMMARY OF YOUR PROPOSAL 

IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH 

ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS 

COMMENTPERIOD WILL END ON AUaU51 2oos AT 4." p.m. OhYY WRITTEN 

COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: 

Stale Fim Marrhml's Ofice 

I207 Quarrier Strtcl. 2nd Floor ATTN: 103-3 Commcnl THE ISSUES TO BE HEARD SHALL BE 

Charlcrlon, WV U301 LIMITED TO THIS PROPOSED RULE. 

ATTACH A BRIEF SUMMARY OF YOUR PROPOSAL 
m mi 1:. TI ,- ' mmg#i$:r . - - , 

J!;:. - 9 r_: : 

@j ;,,.. LEGISLATIVE 

.H I$%'; i . . . - 

69 

SCIENTIFIC GAMES" 

WEST VIRGINIA LOTTERY 

INSTANT GAME NO. 501 

"Match For Cash" 

GAME RULES 

July 14,2008 

-v 

SCIENTIFIC GAMES" 

WEST VIRGINIA LOTTERY 

INSTANT GAME NO. 499 

"GO Bananas!" 

GAME RULES 

July 14,2008 

ISDO Bluegmss Lakes Phvy, Alphn~ello. GA 30004 Telephone n70) 664-3 7W Fm (770) 664-3842 
SCIEMTIIFIC GAMES" 

WEST VIRGINIA LOTTERY 

INSTANT GAME NO. 500 

"MONEY TREE" 

GAME RULES 

July 14,2008 

WEST VIRGINIA Do Not Mark In This Box 

SECRETARY OF STATE 

LEGISLATIVE Betty Ireland , Tf, - - -1, , . -. 

H~MINISTRATIVE LAW DIVISION Form il I --------------------------- Gfi 

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

WV DEP M~ninp.and Rcclsmslion TITLE NUMBER: 38 

RULE TYPE: Lcgistalir.~ CITE AUTHORITY: W Vm. Cod= $22-I->(=), 11-1-1 

AMENDMENT TO AN EXISTING RULE: YFS~ NOD 

IF YES. SERIES NUMBER OF RULE BEING AMENDED: ' 

TITLE OF RULE BEING AMENDED- . , 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

DATE OF PUBLIC HEARING! *'gun ''.2008 TIME: 6.W p 1". 

DATE WRITTEN COMMENT PERIOD ENDS: TIME: At c1-c ofliearinp 

WRlVEN COMMENTS MAY BE MAILED TO: hlwrr'v'~ 

Thc DcpartrnenL requests that persons n~rishing lo makc Public Infomation Office 

comlncnls a1 tlir healing makc an cffotl lo submil r\,riticn 601 - 571h Swct 

mmrncnts in order lo faciliiatc Lllc rcric~rr of thesc cornrncnls. Limlmm.WV 253114 

The isrua la bc hcard shell be lirnivd lo Ihe propod rule. 0 

.ATTACH AWSUMMARY OFYOUR PROPOSAL 

I500 5lrfegr.fl~s Lakes Phvjc Alpharetm. GA 30004 Telephone (770) 664-3700 Fox (770) 664-3842 
WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

Do Not Mark In This Box WEST VIRGINIA 

2::" -71.:'. - - 7 . . - .. ,. '.. SECRETARY OF STATE 

LEGlSLATlVE BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 1 

NOTICE OF AGENCY ADOPTION OF A PROCEDURAL OR INTERPRETIVE RULE 

EXEMPT FROM LEGISLATIVE REVlEW 

TITLE NUMBERLLL 

AwHORITY. 20-1-l7(7) and 29A-1J(c) 

RULE TYPE: PRQCEDURAL INTERPRETIVE 

EXEMPT LEGISLATIVE RULE 

CITE STATUTE(s) GRAN.TING EXEMPTION FROM LEGISLATrVE REVIEW 

?9A-I-3(c) 

AMENDMENT TO AN EXISTING RULE: YES X NO - 

IF YES, SERIES NUMBER OF RULE BEING MENDED: 45 

TITLE OF RULE B~G AM-ED: Hunting and Trapping Ruls 

IF NO, SWES NUMBER OF RULE BEING PROPOSED: 

TlTLE OF RULE BEING PROPOSED: 

1 --Po Not Mark In Thlr BoxA 

M 

ADMINISTRATIVE LAW DIVISION I :- 

NOTICE OF AGENCY ADOPTION OF A PROCEDURAL OR INTERPRETIVE RULE 

OR A LEGISLATIVE RULE EXEMPT FROM LEGISLATIVE REVIEW 

Form #5 

AGENCY: WV Public Envloyecr lnnrnncc Agrncy (PEIA] TITLE NUMBER& 

AUTHORITY: W.VB. Codc 45-1 6-1 ct scq. W.Ve. Codc $5- 16-24 

. - 

. . 

RULE TYPE: PROCEDURAL INTERPRETIVE 

--------------------------- 3 

EXEMPT LEGISLATIVE RULE 

ClTE STATUTE(5) GRANTING EXEMPTION FROM LEGISLATIVE REVIEW 

W.Va. Code 55-1 6-14 

AMENDMENT TO AN EXISTING RULE: YES X NO - 

IF YES, SERIES NUMBER OF RULE BE[NG AMENDED: 

TlTLE OF RULE BEING AMENDED. 

Plan ~~~r

IF NO. SERIES NUMBER OF RULE BEMG PROPOSED: 

TITLE OF RULE BEING PROPOSED. 

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

EFFECTWE DATE OF THIS RULE IS s*mk 1'200B 

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

EFFECTIVE DATE OF THIS RULE IS July~2008 
Do Not Mark In This Box 

.-. , 

- WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMIINISTWATIVE LAW DlVlSlON Form #2 

NOTlCE OF A COMMENT PERIOD ON A PROPOSED RULE 

fiwho5.e 04 &.~~ih~+&dicr3 &an tA< #oq /. C 4 AGENCY: lkplmcal of Adrnin~rtrsnon ' "~TLL NUMBER: 116 

RULE TYPE: k~"'tiw CITE AUTHORITY: 5A-3.4-5 

AMENDMENT TO AN EXISTING RULE: YES X NO - 

Do Not Mark In Thb Box , \ 

-- WEST VIRGINIA 

SECRETARY OF STATE 

2003 JUL -2 p;i 3 :' yj LEGISLATIVE BETTY IRELAND 

. - . .dMINISTRATBVE LAW I . (P Form #2 .......................... 

[F YES. SERIES NUMBER OF RULE BEMG AMENDED: 

TITLE OF RULE BEING AMENDED.phFPeh 

Rula and Rc@~htimu for Fair Mdd Price Dchrmiontion 

1F NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TlTLE OF RULE BEWG PROPOSED: 

s 

NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE 

pdr~-& JF G,-s~J;~;cT: +Servrics &a,,, Ae flOdi-pp ed 

AGENCY: Dcp~mncot of Adminirmtim TITLE mER: 116 

RULE Legislati- CITE AUTHORITY: 5.4-'A-5 

AMENDMENT TO AN EXIST[NG RULE: YES X NO - 

IF YES, SEROES NUMBER OF RULE BEING AMENDED: 

TITLE OF RULE BEING AMENDED~@++ 

Rule and Kcsulatioar Slltcvide Canmcl 

IF NO, SERIES NUMBER OF RULE BEMG PROPOSED: 

TlTLE OF RULE BEING PROPOSED: 

IN LIEU OF A PUBLIC HEARING. A COMMENT PERIOD HAS BEEN ESTABLISHED DURMG WHICH 

ANY INTERESTEDPERSON MAY SENDCOMMENTS CONCERNING THESE PROPOSED RULES. THlS 

COMMENTPERIOD WILL END ON r/:&o$A~ 10;OOam ONLYWTTEN 

COMMENTS WILL BE ACCEPTED AND ARE TOBE MAILED TO THE FOLLOWING ADDRESS: 

Penncy A Hall. Chirpam 

Cornminrr for Ihc Rlrcbap~ of Commditia uld Scniar 

fmm the Hsndicappcd THE ISSUES TO BE HEARD SHALL BE 

Dcpamncnt of Adminimation LMTED TO THlS PROPOSED RULE. I900 Ks~awha Blvd., Earl 

State Copit01 Room E-I 19 @J/~ Chai.p~rv; Charleston. W-I Virginia 25305 

M LIEU OF A PUBLIC HEARING, A COMMENT PERlOD HAS BEEN ESTABLISHED DUIUNG WHICH 

ANY MTERESTED PERSON MAY SENDCOMMENTS CONCERNMG THESE PROPOSED RULES. THlS 

Cot4MENTPErUoD iVu END ON T i*:oa~jn oNLYwmN 

COMMENTS WLL BE ACCEPTED AND ARE TO BE MALLED TO THE FOLLOWING ADDRESS: 

Penncv A. Hall. Chimenon 

Commlacc lor !be Purchrrs of Commodiliu md Swvgccr 

hm LC Handimppad THE ISSUES TO BE HEARD SHALL BE 

Depmnenr oCAdmjdst~ntioo LIMITED TO THlS PROPOSED RULE. 1900 Kaaawh* Bld. Earr 

State Cmilol Room E-I 19 
TITLE NUM8ER: 186 

WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINBSTFaATIVE LAW DlViSlOM 

Form #2 .......................... 

RULE TYPE: LcBislsOve CITE AUTHOIUTY: 5A-3A-5 

Do Not Mark In Thk Box 

WEST VIRGINIA -. Do Nor Mu!! In This Box , - SECRETARY OF STATE 

dm -2 7:: . L~~l~~T1vE Betty Ireland ZU?? !, ,, '-- -8 ;.,. 

ADMf NlSTRATlVE LAW DIVISION , . 

Form #I 

AMENDMENT TO AN EXISTING RULE: YES -?- NO - 

. - --------------------------- 

IF YES, SERlES NUMBER OF RULE BEWG AMENDED: 

Z' ! 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BENG PROPaED: 

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE @b 

~Lh4ir flmghmf *GE+-Y: W\I Dcpamncnt of Enuimnmenlsl Pmcctian. WM TITLE NUMBER: 31 

RULE TYPE: Lcgislativc CITE AUTHORITY: WV 5l2-lU 

AMENDMENT TO AN EXISTING RULE: YES[ NOD 

IF YES. SERIES NUMBER OF RULE BEING AMENDED: 'O 

TITLE OF RULE BEING AMENDEDIF NO. SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

IN LIEU OF A PUBLIC HEAIUNG. A COMMENT PERIOD HAS BEEN ESTABLISHED DUIUNG WHICH 

ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSEDRULES. THlS 

MMMENTPERIODWILLENDONOIYI.?_WKAT 10:00 a* ONLY WRITTEN 

COMMENTS WILL BE ACCEPIED AND ARE TO BE MAUED TO THE FOLLOWING ADDRESS: 

Penw A Hall. Ch~inrcrslm -- - - 

Commlrae for the Muc of hmwdirics d %mice8 

horn the Hood~cappcd THE ISSUES TO BE HEARD SHALL BE 

Depamncnt ol~dminismrion LlMlTED TO THIS PROPOSED RULE. . 19M Kanawhn Blvd. East 

Stsrc bit01 RoomEII9 

AlTACH A BRIEF SUMMARY OF YOUR 

DATE OF PUBLIC HEARING: AU-eU" '2*1008 TIME: 7:00 plu 

LOCAT[ON OF PUBLIC HEARING: WV Dcpamncnt oiEnvironmcntal Prorechon 

Coopcn Rack Training Rmm 

COMMENTS LIMITED TO: ORAL( WWRIITEN(=I BOTH^ 

DATE WRIITEN COMMENT PERIOD ENDS: *"gU5' '2.2008 TIME: AI ~IoseoThearinp 

WRITTEN COMMENTS MAY BE MAlLED TO: nffirr 

The Department rcquests Ihal pcrrons wishing to makc WV Depsmrnl or Environmental Prolcclion 

commenu at the hearing make an cFfort to submit rt-rilkn W1 5lthSlreet. SE 

commenls in ol.dcr to facitihlc the rcuicw of thuc cornmenu. 

Thc issues lo be ksrd rhnll be limited lo thc pmpowd rule. 

ATTACH A -SUMMARY OF YOUR PROPOSAL 
11: YES, SERIES NUMBER OF RULE BElNG AMENDED: " 

Asessmcnt of Civil Adminiruat~ve Pcnaltics 

TITLE OF RULE BEING AMENDED: 

DO ~ot Marl< In This BOX 

-. 

?Q;$,jy, -" n,. , I .. !_. 

WEST VIRGINIA 

SECRETARY OF STATE 

Betty Ireland 

ADMl NlSTRATlVE LAW DIVISION 

Fom~ # l 

IF YES, SERIES NUMBER OF RULE BEING MENDED: " 

TITLE OF RULE BEING AMENDEDDO NOS. Mark tn This BOX WEST VIRGINIA 

SECRETARY OF STATE 

7',1" :, - ?, . e.~ ..-. .-i :. j.: Betty Ireland LEGISLATIVE 

-3M INISTRATIVE LAW DlVtSlON L . - Fom # 1 

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

--------------------------- --------------------------- v- tD 

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

AGENCY: WV DEP. DWWM {A L&s.fe/f7n~~~w ke fit~d~vr? ~r7t TITLE NUMBER: 33 TITLE NUMBER: 33 *GENCY: Departmen1 OIEnuironmcnI~l Iccuon. DWWM 

RULE TYPE: Lcgislativt CITE AUTHORITY: WV Code $22-13-13 and $22-la-I7 RULE TYPE: Legislative CITE AUTHONTY: W.Vn. CoLLe 12-18-22(b)and (c] 

AMENDMENT TO AN EXISTING RULE: YESIX XIO MENDMENT TO AN EX~STING RULE: YES^ XI 0 

TITLE OF RULE BEING PROPOSED: TITLE OF RULE BEING PROPOSED: 

DATE OF PUBLlC HEARING: AUp" 14*'008 TIME: 6:30PM DATE OF PUBLIC HEARING: AU5Us1 TIME: 7:30 p m. 

LOCATION OF PUBLIC HWG: ~~m~~~T~inin~ Room oI Environmennl Protection 

601 51h Swl SE 

DATE WRITTEN COMMENT PERIOD ENDS: 14.200a TIME: Close of htarinp. 

WMTTEN COMMENTS MAY BE MAILED TO: 

TheDcpanmtnt requerts that pcrrons wishing to make Depanrntnt of Envhronrnrntal Pmlccuon 

conunents at the hearing makc an effm lo submit written Olarlcr!on. WV 25304 

comments in order to facilitate Ihc review of lhcsc cammenu. 

Thc issuer lo bc heard shall be limitd to Ihc proposed mlc. n AlTACH A SUMMARY OF YOUR PROPOSAL 

LOCATION OF PUBLIC HEAM~JG: West Virginja Dcprrrncnl oiEnvimnrncnlrl Rolcction 

Cmpen Rock Tnining Room 

601 57th SIIC~I 

DATE WFUTTEN COMMENT PERIOD ENDS: 

WRITTEN COMMENTS MAY BE MAILED TO: 

The Dcpartmenl requests that pcrsons wishing to nmke 

conuncnls a1 llle hcnring make an error1 to submit ~vrilten 

conuuenls in ordcr to lacilitstc the rcvicw of lhtsc cornmenu. 

The Issuer lo bc hcsrd shall bc limited lo the propared rule 

ATTACld A BRIEF SUMMARY OF YOUR PROPOSAL 

tfirr 

Well Virninia Deoanment of Environmental Pmlcclkon 
NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

WEST VIRGINIA 

SECRETARY OF STATE 

Betty Ireland 

ADMINISTRATIVE LAW DIVISION 

FOI~ #1 --------------------------- 

1&-fef ~~0~~ 

AGENCY: WV DEP DWWM TITLE NUMBER: 47 

Do N_ot Mark In This Box 

WEST VIRGINIA  N:, Bo" 

2r-: -' -. 

SECRETARY OF STATE 

LEGISLATIVE Betty lreland 

ADMINISTRATIVE LAW DIVISION 

TYPE: Lesislalivc CITE AUTHORITY: W.V.. Code 422-1 1-1 cl. seq. 

AMENDMENT TO AN EXISTING RULE: YES^ NOU 

GL~ Form #I --------------------------- 

IF YES. SERIES NUMBER OF RULE BEING AMENDED: 'O 

TITLE OF RULE BEING AMENDEDPI~s .. ... 

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

TITLE NUMBER: 47 

TYPE: Legislative CITE AUTHORITY: WV Code P2-I-IS 

AMENDMENT TO AN EXISTING RULE: YES NO= 

1F YES, SERIES NUMBER OF RULE BEMG AMENDED: " Enuimmml LaLabonwicr Wiiiimlion and Slsndardr of hriorrmnn 

TITLE OF RULE BEMG AMENDED. 

IF NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

1F NO, SERlES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

DATE OF PUBLIC HEARING: A"llun IZ~2[W8 TIME: 6:30 p.m. 

LOCATION OF PUBLIC HEARING: DcparImmt oIEnvimnmen~al Proteclion rmpen R~ck Tn~n~ng Room 

601-171h Shoct 

Ch~rleslon. WV 25304 

COMMENTS LlMlTED TO: ORAL= WRIITEN~ BOM~ 

DpTE WRITTEN COMMENT PERIOD ENDS: AUEJ51 12-2W8 TIME: AT cl~c ofhcann@ 

WRITTEN COMMENTS MAY BE MAILED TO: -fnrm 

The Depnl.lnren1 requests lhal persons wishing lo mekc Public lnromntion Off~cc 

Ion 

cnmlncnls a1 the hearing make an ?fin to submil rrrilten 601 - 571h S1rcsS.E. 

commenls in order lo facilitate Ihc rc\~iervolthat comments. fidcslon. WV ?5~4 

The lrnlcs to be htsrd sholl be limited lo Ihe pmpmed mle. 

ATTACH A -SUMMARY OF YOUR PROPOSAL 

Aulhorizcd Signature 

DATE OF PUBLIC HEARING: 14. TIME: 6.00 PM 

LOCATION OF PUBLIC HEA~G: Cmpcr's RaL Training Room (1103 and 1204) 

WV DEP Hcadquancrs Building 

DATE WRITTEN COMENT PERIOD ENDS: '4m2008 TIME: dose 0r ha+ 

WRITTEN COMMENTS MAY BE MAKED TO: XaLWnrcn 

The Department requests that pcnons wishing to male PuMic Inlormation Oilia 

commcntr at Ihc hearing makc an cffori to submit wrinm WV DEF' 

cornmenu in order lo facilitate the rtvicrv of thwc comments. LbiMlon WV 2flM 

The irnrer ro be htard shall be limiicd lo tht pmpored mle. 

AmACH A BRIEF SUMMARY OF YOUR PROPOSAL 
NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

WEST ViRGINIA Do Not Mark In This Box WEST VIRGINIA 

SECRETARY OF STATE SECRETARY OF STATE 

Betty l reland I 22 ; <'c]~ -7 n;' LEGISLATIE Betty Ireland 

ADMINISTRATIVE LAW DlVlSlON Fonn #I 

ADMINISTRATIVE LAW DlVlSlON --------------------------- Form #I --------------------------- 

f?esoL,~=,s *GENCY: Depa~mcntofEnvrmnmcntsl Pmlccuon, DWWM TIRE NUMBER: 47 

Do Not Mark In This Box - - 

?$I.' --; I 

h 

IF YES. SERIES NUMBER OF RULE BEING AMENDED: '4 

C 

Dam Salely Rule 

TITLE OF RULE BETNG AMENDED: 

IF NO. SERlES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEMG PROPOSED: 

DATE OF PUBLIC KEAItING: AUgU'L 14, TIME: 730 prn 

LOCATION OF PUBLIC HEARMG: cmPr Rock T*ining Room 

Dmrfmcnl of Envirunrncnral Pmlcclion 

DATE WRITTEN COMMENT PEMOD ENDS: TIME: at closc oil~cwing 

WRIlTEN COMMENTS MAY BE MAILED TO: 

Thc Dcpamncnt requests that ptrsmls wishing to make Dcpanrnenl or Enrironmenlal Pmrcclion 

comments at the hearing make an effort to submit wnnm 601 57111 Slrcet SE 

comments in order lo Rcilitale thcrcvicw olrhcsc wrnrnmts. -Inn. WV 1SJn4 

The Issuer lo bc hcard shall be limilrd lo [he pmposed rule. h 

ATTACH A -SUMMARY OF YOUR PROPOSAL 

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE 

TITLE NUMBER: 47 

1F YES, SERIES NUMBER OF RULEBEING AMENDED: 56 

As~nrmcnl of Civil Adrninbuarivc Pcnalticr 

TITLE OF RULE BElNG AMENDED: 

IF NO, SERlES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

DATE OF PUBLIC HEARING: '4.200B TIME; 7:00 PM 

LOCATION OF PUBLIC HEAIUNG: ypy;fn; 

601 57Lh Srrccl SE 

DATE WRITEN COMMENT PERIOD ENDS: AU~sL'4.2m , TIME: Close of hearinl. 

WRITEN COMMENTS MAY BE MAILED TO: tnr 

The Dcpsmncnl requests that pcwns wishing to make Dcparuncnt of Enucronmmlal F'rolecti~ 

wmmcnts at the hearing make an cffofl to submit winen Charlesmn, WV 25304 

commcnts in order to facilitale the review of thcsc commcntr 

The irrucr to bc hcsrd shall be limilcd lo Ihc proposed mlc. 

ATTACH A SWRY OF YOUR PROPOSAL 

Authorized Sipnehlrc 

Orders Report 

Docket Number Agency Respondent Decision Date 

08-2-07-C Health Care Authority Williamson Memorial Hospital 3/25/2007 

08-3-03-C 

08-3-024 

08-1 -04-C 

08-10-05-C 

HFY 08-07-38-S 

08-3-06-C 

FY 2007 ARP 

FY 2007 ARP 

FY 2007 ARP 

FY 2007 ARP 

FY 2007 ARP 

08-3-08-RC 

FY 2007 ARP 

08-2-07-C 

08-2-1 2-C 

08-1 0-09-C 

08-3-13-C 

08-1-14-C 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Health Care Authority 

Charleston Area Medical Center 

CAMC Teays Valley Hospital, Inc. 

Princeton Community Hospital 

Reynolds Memorial Hospital 

Pleasant Valley Hospital 

Charleston Area Medical Center 

Wheeling Hospital 

St. Joseph's Hospital - Parkersburg 

Ohio Valley Medical Center 

The Eye & Ear Clinic of Charleston 

Williamson Memorial Hospital 

The Eye and Ear Clinic of Charleston 

Summersville Memorial Hospital 

Wil!iamson Memorial Hospital 

Logan Regional Medical Center 

Reynolds Memorial Hospital 

Charleston Area Medical Center 

Beckley Appalachian Regional Hospital 

, .. ., :-- ,. ...- .. . . ' .I.. . ."..2 .-v. :_,....ril ;ti-& . L-ii-.7d ,=.. a.*.*:x*-... .-Fwwr:E.:I..i . <--C ;-A :.~r.a..~-~.ai.--.-." s-r&i= I .- :*li"--;.-li.--.-:-~i:..~ ,;Tr".-i: s>-;< - ilit=.-sil---.--n:.1.-,-;4?r '..i'i :;.;.. -----;L2>-5.&.r.F..;-h'4-..r 2 

Page 1 ojr3J rU 
-. 

N 

10 

cn 

Docket Number Agency Respondent Decision Date 

08-1 0-20-C Health Care Authority Wheeling Hospital 6/?0/2008 

08-9-8768-X Health Care Authority Blue Ridge Nursing, LLC 6/23/2008 

HFY09-08-17-8 Health Care Authority Princeton Community Hospital 6/24/2008 

HFY09-08-15-6 Health Care Authority Becktey Appalachian Regional Hospital 612512008 

HFY09-08-18-B Health Care Authority Bluefield Regional Medical Center 6/25/2008 

HFY09-08-16-5 Health Care Authority Grant Memorial Hospital 6/25/2008 

HFY09-08-19-5 Health Care Authority Wetzel County Hospital 612512008 

08-4-8690-R Health Care Authority Fresenius Medical Care of North America 6/26/2008 

07-3-8469-H Health Care Authority Thomas Memorial Hospital 612612008 

08-511 0-8680-H Health Care Authority Wetzel County Hospital 612612008 

08-1 0-8765-X Health Care Authority Wheeling Renal Care 6/27/2008 

HFY09-08-11-SR Health Care Authority Monongalia General Hospital 6/27/2008 

07-3-8480-H Health Care Authority Charleston Area Medical Center 6/27/2008 

08-213-8733-X Health Care Authority KVC Behavioral Healthcare 6/27/2008 

03-3-761 7-H Health Care Authority Putnam General Hospital 612712008 

08-5-8759-X Health Care Authority Sistersville Memorial Hospital 6/27/2008 

05-3-8046-H Health Care Authority Charleston Area Medical Center 612712008 

08-6-8729-X Health Care Authority Therapy Works, LLC 6/27/2008 

03-6-8653-BH Health Care Authority Valley Alliance Treatment Services, Inc. 6/27/2008 

07-6-851 BE Health Care Authority West Virginia University Medical Corporation 6/27/2008 

07-THP-147 Insurance Commission Empire Fire and Marine Insurance Company 6123J2008 

.:<>& *:,- H"L ,. . .. ..,>a * s.% *~x.~%.<:&G,4>u,"A~. + *. . . .<? -/: ~rn*? .-&.ax>AxqaA<. --<..,-*-= .:-:*\e,*z?--;&,Ge ..--. < ..-%x-.x-*.<-P,,;. . -....T;c P *->...c-. z. <: -. .. . ... u-..<%?, ~~F&>-~.:~s~~c~&~L~w*.:..%-~ .:.> *-*wm.%-~+&A 

Page 2 of 3 

A 

OFFICE OF TAX APPEAL DECISIONS N 

ru 

4 

NO. SYNOPOSIS 

BUSJNESS FRANCHISE TAX AND CORPORATION NET INCOME TAX - BURDEN OF PROOF - In a hearing before the 

West Virginia Office of Tax Appeals on a petition for reassessment, the burden of proof is upon the Petitioner to show that any assessment 

of tax against it is erroneous, unlawful, void or otherwise invalid. See W. Va. Code !j 11-1OA-lO(e) [2002]; W. Va. Code. St. R. $9 121-1- 

63.1 and 69.2 (Apr. 20,2003). 

BUSINESS FRANCHISE TAX AND CORPORATION NET INCOME TAX -- ALLOWANCE FOR OBLIGATIONS SECURED 

PRIMARILY BY REAL PROPERTY AND OCCUPIED BY NONTRANSIENTS -- With respect to the allowances permitted by W. 

Va. Code $5 11-23-3@)(2)(E)(i)(III) [I9911 and 11-24-6(f)(l)('C), the Petitioner has satisfied its burden of proof by showing that the loans 

for which the Petitioner obtained additional collateral are primarily secured by deeds of trust on residential property located in this state 

and occupied by nontransients. 

BUSINESS FRANCHLSE TAX AND CORPORATION NET INCOME TAX -- ALLOWANCE FOR CONSTRUCTION LOANS - 

- BlNDLNG EFFECT OF TECHNICAL ASSISTANCE ADVISORY - With respect to the allowances permitted by W. Va. Code $5 

11-23-3(b)(2)(E)(i)(III) I19911 and 11-24-6(f)(l)(C) 11998, 20071, the Petitioner has satisfied its burden of proof by showing that the 

construction loan in question is entitled to the allowance in accordance with Technical Assistance Advisory 93-002, which permits the 

allowance for "Construction Loans Which Represent A Direct First Lien On Residential Property Located In West Virginia And Occupied 

By Nontransients." 

BUSINESS FRANCHISE TAX AND CORPORATION NET INCOME TAX -- ALLOWANCE FOR CONSTRUCTION LOANS - 

- REQUIREMENT OF MODIFICATION OF A TECHNICAL ASSISTANCE ADVISORY -- The Respondent is bound by 

Technical Assistance Advisory 93-002 until such time as he puts all affected taxpayers on notice by modifying the technical assistance 

advisory in accordance with W. Va. Code 5 1 1-10-5r [1986], and then only on a prospective basis. 

BUSINESS FRANCHISE TAX AND CORPORATION NET INCOME TAX -- REQUIREMENT OF FILING OF PETITION 

FOR REFUND -- The Petitioner's contention, that it is entitled to a refund because it is entitled to the allowance for SBA and USDA 

guaranteed loans in its portfolio, is not ripe for decision because the Petitioner has not filed a petition for refund. 

BUSINESS FRANCHISE TAX AND CORPORATION NET INCOME TAX -- ALLOWANCE FOR GOVERNMENT 

OBLIGATIONS -- GUARANTEED LOANS NOT GOVERNMENT OBLIGATIONS -- Even if the Petitioner had filed a proper 

petition for refund, it would not be entitled to the rehd because the SBA and USDA guaranteed loans do not qualify for the allowance 

DATE ISSUED 

6/23/2008 

08-045 C 

08-063 RPD 

permitted by W. Va. Code $5 11-23-3@)(2)(E)(i)(I) [I9911 and 11-24-6(f)(l)(A) [1998, 20071. 

CONSUMERS' SALES AND SERVICE TAX -- LIABILITY OF CORPORATE OFFICER -- Under the legislatively approved 

regulations which became effective on July 15, 1993, a person who is in fact an officer of a corporation is personally liable for the unpaid 6/17/2008 -. 

consumers' sales and service tax liability of the cor-pora~ion by virtue of his or her status as an officer withanv actual managerial authority, 

regardless of whether the officer had the authority to make or to supervise directly the day-to-day fmancial decisions on behalf of the 

corporation, and regardless of whether the officer knew of the corporation's default with respect to its consumers' sales and service tax 

obligations. See W. Va. Code 9 11-15-17 [I9781 and W. Va. Code St. R. $9 110-15-4a.5 & 4a.5.2 (July 15, 1993). 

Accordingly, a person who, as here, was never an officer of the corporation and who did not in fact have the responsibility of performing 

managerial duties, is not personally liable, under W. Va. Code 5 11-15-17 119781 and the implementing regulations, for an unpaid 

consumers' sales and service tax liability of the corporation. 

PERSONAL INCOME TAX -- FEDERAL LAW ENFORCEMENT OFFICER'S RETIREMENT BENEFlTS NOT FULLY 

EXCLUDED WHEN QUALIFIED FOR SOCIAL SECURITY BENEFITS -- Retired deputy United States Marshall who performed 

duties similar to those performed by West Virginia state fire fighters and police officers, but who could collect social security benefits, 

may not hlly exclude her retirement benefits from the West Virginia personal income tax, pursuant to the ruling in Dorlson v. Palmer, and 

pursuant to W. Va. Code § 1 I-21-12(c)(6), as amended, because said ruling is applicable only to those federal law enforcement officers 

who were unable to collect social security benefits. 

6,912008 
Docket # 

Grievance Report 

Grievant Respondent Dec Date 

Fredrick Armstrong 

Cheryl Beasley 

Cheryl Beasley 

Callie Bennett 

Callie Bennet! 

Glen Blon 

Will Exline 

Leona Ketz 

Donnie Lawrence 

Jeff Lilly 

Jeff Lilly 

Sheri A Painter 

Clarence W Ramsey 

Clarence W Ramsey 

William J Riggs 

William .IRiggs 

Robert Wilmoth 

Culture & History 

DHHR 

Pinecrest Hospital 

Insurance 

Personnel 

wvu 

WVU 

Raleigh Co BOE 

Bluefield State College 

Highways 

Transportation 

Kanawha Co BOE 

Highways 

Transportation 

Highways 

Transportation 

Randolph Co BOE 
BROADCAST MUSIC, rnc. 

CERTIFICATE OF SECRETARY 

I, STUART ROSEN, DO HEREBY CERTIFY that I am Secretary of 

Broadcast Music, lnc., a New York corporation, that, pursuant to Section 47- 

2A-3(b) of the West Virginia Statutes, attached hereto and made a part 

hereof are true and correct copies of the specimen forms of agreement in 

effect on the date hereof which indicate the license fee rates and their means 

of computation available to proprietors in the State of West Virginia. 

IN WITNESS WHEREOF, 1 have hereunto set my hand and seal of said 

Corporation this 30th day of June, 2008. 

Joe Manchin Ill Sonia D. Chambbrs Governor Mir 

N 

Marlha Yeager Walker. Secretary Board Mem%rs West Virginla Department ot Sam G. Kapourales Health and Human Resources 

OTHER Marllyn G. While 

NOTICE OF REVIEW 

FOR IMMEDIATE RELEASE 

July 1, 2008 I 

I\> 

NEWS ITEM -3 

-. . 

F: ' 

D The Health Care Authority (Authority), Sonia D. Chambers, Chair, pG'rsuant to the 

Certificate of Need program, has declared complete and accepted for review the expedited 

applications referenced below: 

June 6,2008 - St. John's Home for Children, Wheeling. Ohio County, CON File #08- 

10-8695-BH, construction of a new building to expand Residential level II services for 

males ages 8 to $4, increasing the number of beds from 8 to 12, and reduce the lower end 

of the licensed age group from age 8 to age 7; capital expenditure: $1.6 million. 

June 9, 2008 - Cabell Huntington Hospital, Inc., Huntington, Cabell County, CON 

File #07-2-8662-H, expansion of the Neonatal Intensive Care Unit beds by ten, increasing 

the licensed capacity from 36 to 46 beds; capital expenditure: $300,000. 

June 27. 2008 - Gateway Health Services Corporation. Matiinsburg, Berkeley 

County, CON File #08-9-8769-P, development of an ambulatory care facility in Berkeley 

County, West Virginia; capital expenditure: $1 35,000. 

June 27,2008 - Raleigh General Hospital, Beckley, Raleigh County, CON File#08- 

1-8772-H, relocation and construction of outpatient surgery and endoscopy services; 

capital expenditure: 56,770,000. 

An application that has been declared complete is one in which there is sufficient 

information for the Authority to make an informed decision. It does not mean that the 

approval of the application is warranted. 

On or before July 22, 2008, any affected person may present reasons to the 

Authority as to why the applicants of the projects should complete a standard application. 

If the Authority concludes that the standard application should be used on any 

project, the review will be stopped and a new one begun using the standard application. 

100 Dee Driue Charlesion. WsslVirginja 25311-1600 304.558.7000 304.558.70011Fax 1.88B.558.700~oll Free 

wwwhcawvorg 
Notice of Review DISTRIBUTION 

Page 2 

July .1, 2008 

Also, by August 11, 2008, any affected person has the right to request that the 

Authority hold a public hearing on the projects as part of the review. If a public hearing is 

conducted during the course of the review, a "Notice of Public Hearing", specifying the 

date, time and location of the hearing, will be issued to affected persons. 

If the Regional Health Advisory Committee (RHAC) desires to conduct a review of 

the projects, the Chairperson should, within two weeks from the date of this notice, contact 

the Health Care Authority, 100 Dee Drive, Charleston, West Virginia 2531 1-1 600, or car1 

(304) 558-7000. 

If no public hearing is requested, the file closing date will be August 12,2008. After 

that date, no further information or evidence will be accepted by the Authority for the 

remainder of the review of the applications, and no further contact with the Authority 

regarding the substance of the applications will be permitted. 

The decisions on the projects referenced above will be issued by the Authority after 

it has reviewed the contents of the case files of the projects, including the applications, 

additional information submitted to the Authority during the review, and the record of any 

Authority public hearing. The Authority decisions will be issued on or before September 

15, 2008. 

A press release will be issued after the decisions are made. Anyone wishing to be 

directly notified of the decisions shouid submit a written request to Dayle D. Stepp, 

Director, Certificate of Need, Health Care Authority, 100 Dee Drive, Charleston, West 

Virginia, 2531 1-1 600. Further information on any project referenced in this news release 

may be obtained by contacting the Certificate of Neid office at telephone number (304) 

558-7000. /. 

/ I \- ;-A? (' 

OTHER Terrence A. McCormick, Executive Director 

St. John's Home for Children 

D. Brent Kimball, Director of Planning 

Cabell Huntington Hospital, lnc. 

Raymona A. Kinneberg, Health Care Consultant 

Bill J. Crouch & Associates, Inc. 

Gateway Health Services Corporation 

Raymona A. Kinneberg, Health Care Consultant 

Bill J. Crouch & Associates, Inc. 

Raleigh General Hospital 

The Honorable Betty Ireland 

Secretary of State 

Dennis Garrison, Director. Consumer Advocacy Division 

West Virginia Insurance Commission 

Sonia 0. Chambers. Chair 

Health Care Authority 

CON Analysts 

SDClDDSldb (Chair's Initials, CON Director's Initials, Each Analyst's Initials) 

! Date Sonia D. Chambers. Chair 

Health Care ~uthorjt~ 
,--. , 

WEST VIRGINIA HEALTH CARE AUTHORITY .... . OTHER 

CERTIFICATE OF NEED 

100 Dee Drive ???? :! -2 fi?) 19: ;; 

Charleston, West Virginia 2531 1-1600 

,- . . .. .. June 30, 2008 -. 

- 63 - V 

LEGAL NOTICE 

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

following Certificate of Need activities for the week ending June 27. 2008. 

EXPED1TED APPLICATIONS RECEIVED 

June 23, 2008 - Gateway Health Services Corporation, Martinsburg, Berkeley 

County, CON File #08-9-8769-P, development of an ambulatory care facility in Berkeley 

County, West Virginia; capital expenditure: $135,000. 

June 23, 2008 - Interim HeatlhCare of SE Ohio, lnc., Bridgeport, Ohio. CON File 

#08-10-8687-2, development of home health services in Marshall and Wetzel Counties, 

West Virginia; no capital expenditure. 

June 24,2008 - Raleigh General Hospital, Beckley. Raleigh County, CON File #OB1-8772-H, relocation and construction of outpatient surgery and endoscopy services; 

capital expenditure: $6,770,000. 

PROJECTS DETERMINED NOT REVIEWABLE 

June 23,2008 - Blue Ridge Nursing, LLC, d/b/a Willow Tree Manor, Charles Town, 

Jefferson County, CON File #08-9-876&X, proposal to delicense beds; no capital 

expenditure. 

June 27, 2008 - KVC Behavioral Healthcare, Charleston, Kanawha County, CON 

File #08-213-8733-X, complete relocation of the Putnam County office to the existing 

Mason County office; no capital expenditure. 

June 27, 2008 - Sistersville General Hospital, Sistersville, Tyler County, CON File 

#08-5-8759-X, provision of ultrasound services in the area of Arterial Examinations; no 

capital expenditure. 

June 27,2008 -Therapy Works, LLC, Tunnelton, Preston County, CON File #08-6- 

8729-X, development of an outpatient physical therapy clinic in Kingwood, Preston County, 

West Virginia; capital expenditure: $260,000. 

-L 

N 

June 27, 2008 -Wheeling Renal Care, Wheeling, Ohio County, CON File #08-70-W 

8765-X, addition of two in center hernodialysis stations at its New Martinsville ~ial~sis~ 

Facility; capital expenditure: < $30,000. 

ORDER ISSUED 

June 26,2008 - Wetzel County Hospital, New Martinsville, Wetzel County, CON File 

#08-5110-8680-H, renovation and expansion of the hospital's Emergency Department; 

capital expenditure: $1,717,174.25. It is ORDERED that the file in this matter be reopened 

to accept the additional information and that the file be closed immediately after receipt of 

the information. 

CERTIFICATE OF NEED APPROVAL ISSUED 

June 26, 2008 - Fresenius Medical Care of North America. d/b/a Bio-Medical 

Applications of West Virginia, Inc., d/b/a Fresenius Medical Care of Greenbrier County. 

Ashland, Kentucky, CON File #08-4-8690-R, establishment of a dialysis facility in Fairlea, 

Greenbrier County, West Virginia; capital expenditure: $923,753. 

EXTENSIONS GRANTED 

June 26, 2008 - Thomas Memorial Hospital, South Charleston, Kanawha County, 

CON File #07-3-8469-H, construction of a new patient tower; capital expenditure: 

$65,000.000. Extension granted through September 29, 2008. 

June 27, 2008 - Charleston Area Medical Center, Charleston, Kanawha County. 

CON File #07-3-8480-H, development of an open bore MRI unit at Won)enPs and 

Children's Hospital; capital expenditure: $3,407,240. Extension granted through November 

15, 2008. 

RENEWALS GRANTED 

June 27, 2008 - Charleston Area Medical Center, Charleston, Kanawha County, 

CON File 1#05-3-8046-H, development of an additional cardiac catheterization lab; capital 

expenditure: $2,327,225. Renewal granted through January 32. 2009. The applicant is 

instructed to provide a progress report every six months. 

June 27, 2008 - Putnam General Hospital, Hurricane, Putnam County, CON File 

#03-3-7617-H, renovation and expansion of its campus and the addition of 12 acute care 

beds; capital expenditure: $31.586.934. Renewal granted through June 30. 201 1. 

June 27,2008 -Valley Alliance Treatment Services. Inc.. Morgantown, Monongatia 

County, CON File #03-6-7653-BH, development of methadone treatment services on the 

campus of Valley Comprehensive Community Mental Center dhla Vajley Health Care 

System; capital expenditure: $131,500. Renewal granted through July 31, 2008. 
SUBSTANTIAL COMPLIANCE REVIEW ISSUED 

The following project has been implemented in substantial compliance and the case OTHER 

f~le is now closed: 

June 27, 2008 - West Virginia University Medical Corporation, d/b/a University 

Health Associates, CON File #07-6-8516-E, acquisition of a fixed site MRI unit; capital 

expenditure: $2,466,466. 

LETTER OF INTENT EXPIRED 

Certificate of Need Regulation 5 11-3. (C.S.R. 5 65-7-11.3) states, in part, that 

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

that has expired: 

June 20.2008 - Beckley Oncology Associates, Inc.. d/b/a Raleigh Regional Cancer 

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

accelerator; capital expenditure: $2,000,000. 

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

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

WEST VIRGINIA HEALTH CARE AUTHORITY 

CERTIFICATE OF NEED 

100 Dee Drive 

Charleston, West Virginia 2531 1-1600 

9 0 

July 7, 2008 c-- c3-I?\ , I I' C 

1- ." 

LEGAL NOTICE '' ,- 

1 I 

a 

Sonia D. Chambers, Chair, West Virginia Health Care Authority, announcesae 

following Certificate of Need activities for the week ending July 4, 2008. rl? 

LETTER OF lNTENT FOR EXEMPTION RECEIVED 

8 

July 2,2008 - Pocahontas Memorial Hospital, Buckeye, Pocahontas County, CON 

File #084-8780-X, acquisition of Snowshoe Health Center, an urgent care center located 

at 10 Snowshoe Dr'ie in Snowshbe, Pocahontas County, West Virginia; capital 

expenditure: $2,000,000.. 

Any person desiring to request a public hearing on the above referenced matter 

should contact the Certificate of Need office on or before July 22, 2008. 

APPLICATIONS DECLARED COMPLETE AND UNDER REVIEW 

An application declared complete is one in which there is sufficient information for 

the Authority to make an informed decision. It does not mean that the approval of the 

application is warranted. 

EXPEDITED APPLICATIONS 

June 6.2008 -St. John's Home for Children, Wheeling, OhioCounty, CON File#OB10-8695-BH, construction of a new building to expand Residential Level II services for 

males ages 8 to 14, increasing the number of beds from 8 to 22, and reduce the lower end 

of the licensed age group from age 8 to age 7; capital expenditure: $1.6 million. 

June 9, 2008 - Cabell Huntington Hospital, Inc., Huntington, Cabell County. CON 

File #07-2-8662-H, expansion of the Neonatal Intensive Care Unit beds by ten, increasing 

the licensed capacity from 36 to 46 beds; capital expenditure: $300,000. 

June 27, 2008 - Gateway Health Services Corporation, Martinsburg, Berkeley 

County, CON File #08-9-8769-P, development of an ambulatory care facility in Berkeley . 

County, West Virginia; capital expenditure: $135,000. 

June 27,2008 - Raleigh General Hospital, Beckley. Raleigh County. CON File #08- 

1-8772-H, relocation and construction of outpatient surgery and endoscopy services; 

capital expenditure: $6,770,000. 
The review cycle for the above-referenced projects is as follows: 

July 12,2008 - Review cycle begins; 

July 22, 2008 - Last date for an affected person to present reasons why the 

applicant should complete a standard application to the Authority; 

August 11, 2008 - Last date for an affected person to request a public hearing on 

the project. If a public hearing is requested, notice of time and place will be given in the 

Saturday editions of the Charleston Gazette and the Charleston Daily Mail, as well as the 

State Register; 

August 12, 2008 - If no pubtic hearing is requested, the file will close and no further 

information or evidence will be accepted by the Authority and no further contact with the 

Authority regarding the substance of the application will be permitted; 

September 15, 2008 - Decision,on the project will be issued by the Authority. 

LETTER OF INTENT EXPIRED , 

Certificate of Need Regulation 5 11-3, (C.S.R. 3 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: 

July 5, 2008 - New River Health Care, Coat City, Raleigh County, CON File #07-1- 

8569-2, development of home health services in Raleigh County, West Virginia; no capital 

expenditure. 

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

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

A 

1U 

0 Notice of Public Hearing and Public Comment Period w 

OTHER The Bureau for Public Health, Oflice of Environmentd Health Services, will hold a public 

meeting on July 30, 2008 from 1.30 p.m. to 2:30 p.m. to accept written or oral comments on the 

proposed October I, 2008 through September 30. 2009 Draft Intended Use Plan (IUP) for the 

West Virginia Drinking Water State Revolving Fund program, including the cons!mction loan 

fund The hearing will be held at the West Virginia Bureau for Public Health. Environmental 

Engineering Division, 1 Davis Square, Suite 200, Capitol and Washington Streets, Charleston, 

WV and is open to the public. 

A copy of the proposed IUP will be available for public review on or before June 19,2008 at the 

following locations: 

Charleston Central Office (304) 558-6749 

Wheeling District Office (304) 238-1 145 

Philippi District Office (304) 457-2296 

Kearneyiville District Ofice (304) 725-9453 

Beckley Dishict Office (304) 256-6666 

St. Albans District Ofice (304) 722-061 1 

A copy of the proposed IUP will also be available for public review on or before June 19,2008 

on the Bureau for Public Health website at ~~mv.wvdhlr.ordoehsleed/iBcd. 

The public may submit written comments by mail, e-mail, facsimile (304-558-0691) or other 

delivery to: 

Robert W. Decrease 

Bureau for Public Health 

Office of Environmental Health Services 

Environmental Engineering Division 

Capitol and Washington Streets 

1 Davis Square, Suite 200 

Charleston, WV 25301-1 798 

Email: robertdecrease@wdhhr.org 

,?> All comments must be received by 4:30 p.m.. July 30,2008. 

Please include your name, return address, e-mail address, daytime telephone number and indicate 

any organization that you may represent. Prior to any final action on this TUP, the Bureau for 

Public Health wilI address only comments relevant to lUP issues. 
NOTICE OF PUBLIC HEARING 2009J!11--9 E.i:fl:[.. OTHER 

Notice: In accordance with Section 147 of the Internal Revenqe Code of 

1986, as mended. the Board of thc West Virginia Hospital Finance.Au&ority (the 

"Authority") will hold a public hearing at l2:I)O noon, Eastern Time, on Friday, July IS, trq 

2008. in the State Treasurer's first floor conference room at One Players Club Drive, 

Charleston, West Virginia 253 1 I, with 1.esptc1 to the proposed issuance by the Authority 

of not more than four series of its hospital revenue bonds in the aggregate principal 

amount of not more than $145,000,000 [the "Bonds"). 

The Autliority will loan the proceeds of the Bonds to Cabell Huntington 

Hospital, Inc. ("Cabell lluntington"), which will use the proceeds to: 

(a) If it determines that converting such bonds from auction rate 

securities to variable rate demand bonds is not viable or in its best interests, refund its 

obligations relat~ng to and redeem the Authority's outstanding $50,450,000 West 

Virginia Hospital Finance Authority Hospital Revenue Rehnding and Improvement 

Bonds (Cahell I-luntington Hospital, Inc.) 2004 Series B (Auction Rate Securities), dated 

December 16, 2004, and $50,450.000 West Virginia Hospital Finance Authority Hospital 

Revenue Reft~nding and I~nprovement Bonds (Cabell Huntington Hospital, Inc.) (Auction 

Rate Securities), dated December 16,2004 (together, the "Refunding Project"); 

(b) Permanently finance (including through reimbursement of hnds 

previously expended and repayment of an out..tanding bank line ofcredit) a portion of the 

cost of acquisition, const~uclion and equipping certain improvements to Cabell 

Huntington Hospital, including hut not limited to operating room renovations, and of 

acquisition and installation (including related constmctian) of certain equipment for 

Cahell Huntington Hospital, incl~rding but not limited to MRI equipment (the "New 

Money Project" and, together with the Refunding Project, the "Project"); and 

(c) Pay the costs of issuance of the Bonds and other costs in connection 

with tbe Bonds. including if required a deposit to a debt service reserve fund for the 

Bonds and capitalized interest during and for a reasonable period after completion of the 

New Money Project. 

Cabell Huntirigon Hospital, Inc.. is a nonstock, nonprofit corporation. 

The Bond proceeds will be loaned to Cabefl Huntington pursuant to a Loan 

Agreement with the Authority. Cabell Huntington will issue to the Authority a 

promissory note for each series of Bonds, evidencing CahelI Huntington's obligation to 

pay the principal of and interest on the Bonds when due. Cabell Huntington will also 

grant to a hustre for the benefit of the Authority a deed of bust lien on the main campus 

of the hospital facilities and a security inrerest in certain personal property of Cabell 

Huntington. The Authority will, in turn, ass~gn the notes, lien and security interest to the 

trustee for the Bonds. 

The Bonds will be special, limited obligations of the Authority, payable 

solely from the payments from Cahell Huntington under the Loan Agreement and under 

the notes, iron) moneys received under the deed of trust. and from funds and accounts on 

deposit with the Bond trustee. 'The Bonds will not be general obligations of the State of 

West Virginia and will not constitute indebtedness or obligations of the Authority, the 

State of West Virgir~ia 01- any corlnty, niunicipality or political subdivision of the Slate 

within the meaning of any constitutional limitation or provision or a charge against the 

general credit or taxing powers, if any. of any of them. 

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

their opinions, either written or orally, regarding lhe Project and the Bonds. Questions, 

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

Authority in care of Sarah Hamrick. Secretary-Treasurer, West Virginia Hospital Finance 

Authority. Office of the State Treasurer. One Players Club Drive, CharIeston. West 

Virginia 253 1 1 

The acquisition. constmclion and equipping of capital improvements 

financed or refinanced with the proceeds of the ohligations subject to the Refunding 

Project were all for anrl located at Cahell Huntington Hospitat, 1340 Hal Greer 

Boulevard. Huntington, West Virginia 25701, and the New Money Project also is and 

will be located at Cahell I-lu~~~ington Hospital. 1340 Hal Greer Boulevard, Huntington, 

West Virginia. 
OTHER 

ROSTER OF REGISTEFWD PROFESSIONAL NURSES 
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. 

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 10,2008 

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 26, 2008 

December I, 2008 

December 10,2008 

December 17,2008 

December 24, 2008 

December 29,2008 

January 7,2009 

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 I I, 2008 

June 18,2008 

June 24,2008 

July 2, 2008 

Deadline Date 

July 1, 2008 

91 2008 

l69 2008 

July 231 2008 

30, 

August 

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 11, 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 
Volume XXV 

Issue 33 

August 15,2008 

Pages 1432 - 1474 

A Weekly Publication 

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 

Administrative Law Division 

Judy Cooper, Manager 

Betty Ireland 

Secretary of State 

Administrative Law Division 

Bldg. 1, Suite 157K 

1900 Kanawha Blvd. E. 

Charleston, WV 25305-0770 

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 
AGENCY 

Administration 

Air Quality 

Bluefield State College Board of Governors 

Cabell-Huntington Board of Health 

Calhoun County Solid Waste Authority 

Charleston Area Alliance 

Concord University 

Consolidated Public Retirement Board 

Council for Comm. Tech. College Education 

Courthouse Facilities Improvement Authority 

Dental Examiners 

DEP 

Eastern WV Community Technical College 

Economic Development Authority 

Employee Suggestion Award Board 

Ethics Commission 

Family Protection Services Board 

Fire Commission 

Glenville State College 

Hatfield McCoy Regional Recreation Authority 

Health Care Authority 

Higher Education Policy Commission 

Information Technology Council 

Infrastructure Jobs Development Council 

Investment Management Board 

Kanawha County Solid Waste Authority 

Labor 

Lottery 

Medicaid 

Medicine 

Miners Health, Safety and Training 

Motor Vehicles 

Municipal Bond Commission 

Municipal Home Rule Board 

Northern Panhandle Community Criminal Justice Board 

Personnel 

Physical Therapy Board 

Pierpont Community Technical College 

Psychologists, Board of Examiners 

Public Service Commission 

Putnam County Development Authority 

Putnam County Solid Waste Authority 

Real Estate Appraiser Board 

Risk and insurance Management, Board of 

Secretary of State 

Statewide Addressing and Mapping Board 

Tax Appeal Decisions 

Treasury Investments, Board of 

Tri River Transit Authority 

West Liberty State College 

West Virginia University Hospitals 

Workers Comp. by the Insurance Cornm. 
CHRONOLOGICAL INDEX, VOLUME ISSUE 33 

NEW PROPOSED RULES FILED FOR PUBLIC HEARING THIS WEEK 

AGENCY RULEITYPE AUTHORITY HEARINGICOMMENT PERlODlLOCATlON 

Workers Compensation by Employer Default, Enforcement, Collections and Related §§23-2C-22; 33-2- 

the insurance Comm. Matters 1 O(b); 33-2-21 (a) 

(85-1 1) Legislative 

Workers Compensation by Self Insurance Risk Pools 

the Insurance Comm. Legislative 

(85-1 9) 

§§23-2-9(e), 23-2C2(~), 23-2C-2(q), 

23-2C-22, 33-2- 

10(b) and 33-2- 

21(a) 

Public Hearing: 

September I l, 2008, 3:00 prn 

Offices of the WV Insurance Commission 

1 124 Smith Street 

4'h Floor, Room 400 

Charleston, WV 25301 

Written Comments: 

September 1 7, 2008, 3:00 pm 

Ryan Sims, Associate Counsel 

Offices of the Insurance Commission 

PO Box 50540 

Charleston, WV 25305-0540 

Ryan. Sims@wvinsurance.qov 

Public Hearing: 

September 1 I, 2008, 3:00 pm 

Offices of the WV Insurance Commission 

1124 Smith Street 

4th lo or, Room 400 

Charleston, WV 25301 

Written Comments: 

September 71, 2008, 3100 pm 

Ryan Sims, Associate Counsel 

Offices of the Insurance Commission 

PO Box 50540 

Charleston, WV 25305-0540 

Rvan.Sims@wvinsurance.qov 
CHRONOLOGICAL INDEX, VOLUME ISSUE 33 

NEW PROPOSED RULES FILED FOR PUBLIC HEARING THIS WEEK 

AGENCY RULEITYPE AUTHORITY HEARINGICOMMENT PERlODlLOCATlON 

Workers Compensation by Professional Employer Organizations 

the Insurance Comm. Legislative 

(85-37) 

§§23-2C-22, 33-2- Public Hearing: 

1 O(b), 33-2-2 1 (a) September 11, 2008, 3:00 pm 

and 33-46A-7 Offices of the WV Insurance Commission 

1 124 Smith Street 

41h Floor, Room 400 

Charleston, WV 25307 

Written Comments: 

September 7 1, 2008, 3:00 pm 

Ryan Sims, Associate Counsel 

Offices of the Insurance Commission 

PO 80x 50540 

Charleston, WV 25305-0540 

Rvan.Sims~wvinsurance.qov 

AGENCY 

NO NEW EMERGENCY RULES WERE FILED THIS WEEK 

* RULErrYPE AUTHORITY EFFECTIVE DATE DATE NOTICE FOR HEARING 
MEETING NOTICES 

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

Agency 1 Date Filed I Purpose Meeting Datenocation 

*This meeting was filed [ate md does not comply with the Open Governmental Proceedings Act 

August 2 1,2008 1O:OO AM 

WV Rehabilitation Center 

Institute 

Small Conference Room 

August 21,2008 6:45 PM 

Harris-Jefferson Student Center 

Bluefield State College 

August 27,2008 5:00 PM 

Cabell-Huntington Health Department 

703 - 7th Avenue 

Huntington, West Virginia 2570 1 

August 23,2008 3.00 PM 

2 miles west of Grantsville on Rt. 5 

August 25,2008 4:00 PM 

1 1 16 Smith Street 

Charleston, WV 25301 

August 20,2008 1.00 PM 

The Concord Room 20 1 A Marsh Hall 

Concord University 

Athens, WV 

August 22,2008 9:30 AM 

Conference Call originating at 

I0 18 Kanawha Blvd., East 

Charleston, WV 

6th floor conference room 

August 26,2008 10:OO AM 

2003 Quarrier Street 

Charleston, WV 

August 27,2008 1: 15 PM 

Board Office 

13 19 Robert C. Byrd Drive 

Crab Orchard, WV 25827 

Meeting to be conducted by Telephone 

Conference 

Administration 

Ptirchase of Commodities and 

Services from the Handicapped, 

Governor's Committee for the 

Bluefield State College Board of 

Governors 

Cabell-Huntington Board of Health 

Calhoun County Solid Waste 

Authority 

Charleston Area Alliance 

Board of Directors 

Concord University 

Board of Governors 

Council for Community Technical 

College Education 

Courthouse Facilities Improvement 

Authority 

Dental Examiners 

12/7/2007 

6/20/2008 

8/6/2008 

8/ 12/200 8 

7/3 1 /200 8 

7/1/2008 

7/2 1/2008 

8/1/2008 

8/7/2008 

Regular Monthly meeting 

Regular meeting of the BSC Board of Governors. General business of 

the Board will be considered at this time. 

Regular Board of Health Meeting 

Regular monthly meeting 

Annual Membership Meeting 

Regularly scheduled meeting 

Administrative Reports 

Swearing in of new board member 

Regularly scheduled business meeting 

Quarterly Authority Meeting 

- 

To consider comments concerning proposed rules in regards to dental 

corporations and dental practice ownership and to consider compfaint 

case matters which include possible disciplinary actions. 
MEETLNG NOTICES .-I 

Open Governmental Proceedings Act 96-9A et seq. -P 

*This meeting wasjiled late and does not comply with the Open Governm@ntal Proceedings Act 

Agency I Date Filed [ Purpose Meeting DateLocation W 

U1 

DEP 

Oil and Gas Conservation 

Commission 

DEP 

Coaibed Methane Review Board 

Eastern WV Community Technical 

College 

Board of Governors 

Economic Development Authority 

Employee Suggestion Award Board 

Family Protection Services Board 

Fire Commission, State 

Glenville State College 

Board of Governors 

PREHEARING TO BE FOLLOWED IMMEDlATELY BY HEAFUNG - 

In the matter of the application by Chesapeake Appalachia, LLC for an 

Order from the Commission establishing a 257 acre drilling unit and 

pooling unleased tracts and interests of operators for development and 

operation of the 257 acre unit in the Trenton-Black River formation, 

Geary District, Roane County, West Virginia. 

HEARING - APPLICANT: CNX Gas Company, LLC 

Establishment of a drilling unit known as the SC 16 and pooling of 

interests therein, Battelle District, Monongalia County, West Virginia. 

Regular meeting of the Board of Governors - agenda to be posted at a 

later dare. 

Regular monthly meeting. The Board of Directors will consider matters 

including, but not limited to the following: 1) A Resolution authorizing 

and directing the issuance of Pollution Control Revenue Rekding 

Bonds (Appalachian Power Company - Amos Project) in an amount not 

to exceed $30,000,000 for the Companys Amos Plant in Putnam County. 

2) A ResoIution authorizing and directing the issuance of Pollution 

Conrol Revenue Refinding Bonds (Appalachian Power Company - 

Amos Project) in an amount not to exceed $40,000,000 for the 

Companys Amos Plant in Putnam County. 

Regular Monthly Meeting 

Regular meeting 

7/24/2008 

7/24/200 8 

8/5/2008 

8/ 13/2008 

8/ It2008 

8/5/2008 

7/29/2008 

7/7/2008 

August 2 1,2008 1 :00 PM 

DEP 

Oil and Gas Conservation Commission 

60 1 57th Street, SE 

Charleston, WV 25304 

926-0499, Ext 1656 

August 21,2008 9:00 AM 

DEP 

Office of Oil and Gas 

601 57th Street, SE 

Charleston, WV 25304 

August 20,2008 12:OO PM 

Harco Complex 

Moorefield, WV 

August 21, 2008 10:OO AM 

StonewaIl Resort State Park 

940 Resort Drive 

Roanoke, Lewis County, West Virginia 

August 25,2008 10:00 AM 

Building 1, Room W-330 

State Capitol Complex 

Charleston, WV 25302 

August 22,2008 10:OO AM 

Regularly scheduled business meeting 

Meet and discuss regular business of the Board. 

Division of Criminal Justice Services 

1204 Kanawha Boulevard, East 

Charleston 

August 22,2008 8:30 AM 

Charleston Civic Center 

August 20,2008 12:30 PM 

Mollohan Campus Community Center 

Third Floor Room 3 19 
MEETING NOTICES 4 

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

*This meeting wns filed late and does not comply with the Open GoverttmentaI Proceedings Act 

Agency I Date Filed 1 Purpose Meeting Datenocation 

August 20,2008 1 1 :00 AM 

Mollohan Campus Community Center 

Third Floor Room 3 I I 

August 20,2008 11 :00 AM 

Moliohan Campus Community Center 

Third Floor Room 3 19 

August 22,2008 1.30 PM 

The Hatfield McCoy Regional Rec. Auth. 

Offices WV Rt. 10 South Rich Creek Road 

Lybum West Virginia 

August 2 1,2008 10:OO AM 

The Hatfield McCoy Regional Rec. Auth. 

Offices 

WV Rt. 10 South Rich Creek Road 

Lyburn West Virginia 

August 2 1,2008 1 :30 PM 

The Hatfield McCoy Regional Rec. Auth. 

Offices WV Rt. 10 South Rich Creek Road 

Lybum West Virginia 

August 25,2008 4:00 PM 

WV Health Care Authority 

100 Dee Drive 

Charleston, WV 253 1 1 

August 23,2008 2:30 PM 

Birch Room, Stonewall Resort 

940 Resort Drive 

Roanoke, WV 

by conference call 

August 20,2008 8:30 AM 

10 18 Kanawha Boulevard East, Boulevard 

Tower 

10th Floor, ChanceIlors Conference Room 

and by conference call 

GIenviIle State College Board of 

Governors 

Student and Academ ic Affairs 

Com~niltee 

GlenviIle State College Board of 

Governors 

Business and Finance Committee 

Hatfield McCoy Regional 

Recreation Authority 

Field Operations, Enforcement 

Safety Committee 

Hatfield McCoy Regional 

Recreation Authority 

Accounting Human Resource 

Cotnmittee 

Hatfield McCoy Regional 

Recreation Authority 

Marketing Retail Sales Conunittee 

Health C&e Authority 

WV Heallh Information Network 

Executive Committee Meeting 

Higher Education Policy 

Commission 

Committee ofthe Whole 

Higher Education Policy 

Commission 

Commitfee of the Whole 

7/7/2008 

7/7/2008 

81 12/2008 

8/12/2008 

8/12/2008 

8/12/2008 

8/4/2008 

8/5/2008 

Discuss issues relating to student and academic affairs. 

Discuss issues relating to business and finance. 

Monthly Meeting 

Monthly Meeting 

Monthly Meeting 

General Business 

To conduct regular business 

To review the agenda for the August 23 meeting and a possible Iand 

acquisition by the West Virginia School of Osteopathic Medicine 
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I MEETING NOTICES 

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

Agency ] Date Filed I Purpose I Meeting Date/Location 

*This meeting wasfled fate and does not copnpiy with the Open Goverrrmenfal Proceedings Act 

Miners Health, Safety and Training 

Diesel Equipm enf Commission 

Municipal Bond Commission 

MunicipaI Home Rule Board 

Northern Panhandle Community 

Criminal Justice Board 

PersonneI 

Personnel Board 

Physical Therapy Board 

Pierpont Community Technical 

College 

Board of Governors 

Psychologists, Board of Examiners 

o f 

7/15/2008 

8/6/2008 

8/13/2008 

8/6/2008 

7/30/2008 

8/13/2008 

8/4/2008 

7/25/2008 

Monthly meeting wilI review previously submitted diesel equipment 

packages. 

Regular tri-annual meeting 

ReguIar Quarterly Meeting 

Regularly Scheduled Meeting 

The State Personnel Board will meet to conduct business and to consider 

other administrative matters. 

Quarterly Board Meeting 

Agenda available onsite 

To conduct regular business of the board. 

To conduct regular business. Portions of this meeting will be closed to 

the public to conduct oral examinations. 

August 26,2008 1:OO PM 

16 15 Washington St E 

Charleston WV 

August 26,2008 1 :30 PM 

Ofice of Cabinet Secretary 

Department of Revenue, Conference Room 

Suite 300 West Wing 

Capitol Building 

August 2 1,2008 10:30 AM 

Capitol Complex, Building 6 

Conference Room 6a 

Charleston, West Virginia 

August 20,2008 11:OO AM 

Pier 12 Restaurant 

12th Street (sits on river bank) 

Wellsburg, WV 236070 

August 2 1, 2008 2:00 PM 

Building 6, Room 425 

State Capitol Complex 

Charleston, West Virginia. 

August 27,2008 10:OO AM 

642 Davisson Run Road 

Clarksburg, WV 2630 1 

August 20,2008 2:00 PM 

Falcon Center Board Room 

Main Campus 

Fainnont 

August 22, 2008 9:00 AM 

Days Hotel 

Flatwoods, WV 
MEETING NOTICES A 

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

f~? 

*This meeting wasfiled late and does not compIy with the Open Governmental Proceedings Act 

Agency I DateFiIed 1 Purpose Meeting Datekocation CD 

PUBLIC SERVICE 

COMMISSION 

TOWER ACCESS ASSISTANCE 

FUND REVIEW COMMITTEE 

(TAA FRC) 

Pumam County Development 

Authority 

Board of Directors 

Putnam County DeveIopment 

Authority 

Membership Committee 

Putnarn County Solid Waste 

Authority 

Real Estate Appraiser Board 

Risk and Insurance Management, 

Board of 

Board of Direcrors 

Statewide Addressing and Mapping 

Board 

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

1. Roll call and determination of whether a voting quorum is present.; 2. Approval of 

minutes of previous meeting.; 3. Financial report.; 4. Media items, if any.; 5. WTAAF 

matters dealt with by any TAAFRC member due to outside contact.; 6. Status reports 

regarding uncompleted Projects which have received grant funds: a. TAF 6WNE 

06A ... WASHBURN POINT -; b. TAF LMCOLN 06A ...HARTS -; C. TAF MINERAL 

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

CHIEF LOGAN; f. TAF MARION 07A .. WHETSTONE HILL; g. TAF TAYLOR O8A 

GRAFTON; h. TAF UPSHUR 08ATALLSMANSVILLE; 7 Additional items as 

appropriate.; a. SuppIemental request from Mineral County; b. Supplemental request from 

Marion County; 8. Next meeting will be held at 10:OO a.m., in the small first floor 

conference room of the WVPSC Building (201 Brooks Street, Charleston, WV), on 

Tuesday, September 30,2008.; NOTE: Order andor subject matter of agenda items may 

change during the meeting. 

Regularly Scheduled Monthly Meeting 

Meeting of the PCDA Membership Committee 

Regular Monthly Board of Directors Meeting. 

Regular Board Meeting 

Regular business meeting of the Board of Directors of the West Virginia 

Board of Risk and Insurance Management. 

PM Update - for dial-in instructions, please call 304-558-5300? 

8/14/2008 

8/12/2008 

8/12/2008 

8/7/2008 

6/6/2008 

8/12/2008 

7/25/2008 

August 26,2008 10:00 AM 

PUBLIC SERVICE COMMISSION 

BUILDING 

201 BROOKS STREET 

HEARING ROOM NO. 2 (1 ST FLOOR) 

CHA~ES~ON, WV 

August 26,2008 4:30 PM 

Putnarn County Chamber of Commerce 

Building 

5664 State Route 34 

Winfield, WV 252 13 

August 21,2008 4:00 PM 

Putnam County Chamber of Commerce 

Building 

5664 State Route 34 

Winfield, WV 252 13 

August 25,2008 4:00 PM 

3240 Winfield Rd., 

Winfieid, WV 252 13 

August 21,2008 10:OO AM 

2 1 10 Kanawha Blvd., East 

Charleton, WV 

August 26, 2008 1.00 PM 

90 MacCorkle Avenue, S.W. 

Suite 203 

South Charleston, WV 25303 

August 2 1,2008 1 1 :00 AM 

Conference Call 
MEETING NOTICES 

Open Governmental Proceedings Act 56-9A et seq. 

Agency ( Date Filed [ Purpose Meeting DateILocation 

*This meding was filed late nnd does not comply witli the Open Goverrm~ental Proceedings Act 

Treasury Investments, Boad of 811 1/200S Special Meeting August 26,2008 9:30 AM 

Agenda - I. Call to Order 11. External Audit Review 111. Old Business IV. WV State Treasurers Office 

Audit Comn~ittee New Business V. Adjourn Bldg. 1, Room E-149 

1900 Kanawha Blvd., E. 

Charleston, WV 25305 

Tri River Transit Authority 7/25/2008 Regular monthly meeting of the board of directors. Minutes, financial August 20, 2008 9:00 AM 

report, directors report, marketing report, nets report, passenger count, Tri River Transit Authority 

Board of Directors old business, new business. #I I Lincoln Plaza 

Branchland, Wv 25506 

West Liberty State College 8/11/2008 Swear in new board members, approvaI of minutes, approval of reports, August 27,2008 5:00 PM 

Board of Governors 

West Liberty State College 

Board of Governors Executive 

Commitfee 

West Virginia University Hospitals 

hledical Executive Comnz ittee 

West Virginia University Hospitals 

Joint Conference Committee 

meeting 

West Virginia University Hospitals 

Finance Planning Committee 

nreeting 

West Virginia University Hospitals 

Board of Directors meeting 

West Virginia University Hospitals 

Compliance Integrity Committee 

meeting 

8/11/2008 

7/2/2008 

7/3 1/2008 

7/3 1/2008 

7/3 1/2008 

713 112008 

safety and health poIicy for 30-day comment period, presidents report. 

Discuss agenda items for August 27 Board meeting. 

Business Meeting 

For discussion of medical staff matters pertaining to West Virginia 

University Hospitals. 

For discussion of financial matters pertaining to West Virginia 

University Hospitals. 

For discussion of business matters pertaining to West Virginia University 

Hospitals. 

For discussion of compliance matters pertaining to West Virginia 

University Hospitals. 

West Liberty State College Campus 

Boyle Conference Center, ASRC 

West Liberty, WV 26074 

August 20,2008 8:00 AM 

Vance Memorial Presbyterian Church 

Conference Room B 

905 National Road 

Wheeling, WV 26003 

August 20,2008 4:30 AM 

Administration Conference Room 

August 22,2008 1O:OO AM 

Administrative Conference Room 

2nd Floor of Ruby Memorial Hospital 

Morgantown, WV 

August 22,2008 9:30 AM 

J. W. Ruby Boardroom 

2nd floor of Ruby Memorial Hospital 

Morgantown, WV. 1 

August 22, 2008 12:30 PM 

J.W. Ruby Boardroom 

2nd floor of Ruby Memorial Hospital 

Morgantown, WV. 

August 22,2008 1 1 :00 AM 

Legal Conference Room 

4th Floor Northeast Tower 

Ruby Memorial Hospital 

Morgantown, WV 

OFFICE OF THE SECRETARY OF STATE 

STATE OF WEST VIRGINIA 

Betty Ireland 

Secretary of SWte 

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 Cdmment 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 Interpretive Rules. This is the Final 

Step for Procedural & Interpretive Rules 

Date Rule is Effective 

Q 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 

Telephone: 304-558-6000 . ToU Free: 866-SOS-VOE. Corporations: 304-558-8000 - Fraud Hotllne: 877-FRAUD-W . Fax: 304-558-0900. www.wvvotes.com - www.wvsos.com 
1443 CROSS REFERENCE OF RULE MONITOR TITLE NUMBERS AND AGENCIES 

TITLE NUMBER NAME OF AGENCY 

TlTLE 4 

TlTLE 5 

TlTLE 10 

TlTLE 14 

TlTLE 18 

TlTLE 19 

TlTLE 22 

TlTLE 23 

TlTLE 26 

TlTLE 28 

TlTLE 29 

TlTLE 32 

TITLE 33 

TITLE 36 

TlTLE 38 

TlTLE 42 

TlTLE 45 

TlTLE 46 

TlTLE 47 

TlTLE 58 

TlTLE 61 

TlTLE 64 

TlTLE 65 

TlTLE 69 

TlTLE 81 

TlTLE 82 

TlTLE 85 

TlTLE 86 

TlTLE 90 

TlTLE 91 

TITLE 96 

TlTLE 102 

TlTLE 103 

TlTLE 110 

TlTLE 112 

TlTLE 114 

TlTLE 115 

TITLE 117 

TlTLE 126 

TlTLE 133 

TlTLE 135 

TlTLE 143 

TlTLE 144 

TlTLE 147 

TlTLE 148 

TlTLE 149 

TlTLE 150 

TlTLE 153 

TlTLE 156 

TlTLE 157 

TITLE 158 

TlTLE 161 

TlTLE 162 

TlTLE 164 

TlTLE 175 

TlTLE 178 

TlTLE 179 

TlTLE 188 

TlTLE 191 

TlTLE 199 

TlTLE 204 

CHIROPRACTIC EXAMINERS 

DENTAL EXAMINERS 

LICENSED PRACTICAL NURSES 

W BOARD OF OPTOMETRY 

RADIOLOGIC TECHNOLOGY BD OF EXAMINERS 

REGISTERED PROFESSIONAL NURSES 

FORESTRY 

LAND SURVEYORS 

VETERINARY MEDICINE 

CONTRACTORS LICENSING BOARD 

SPEECH PATHOLOGY & AUDIOLOGY 

ACUPUNCTURE 

OFFICE OF WASTE MANAGEMENT (FORMERLY PART OF TlTLE 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 BUlLDlNGCOMMlSSlON 

FAMILY PROTECTION SERVICES BOARD 

EXPLOSIVES AND BLASTING 

HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY 
RULE MONITOR -- 

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

Accountancy Board Rules and Rules of 713112008 812912008 

(1-1) Professional Conduct 

$10.80 

Legislative 

Administration Purchasing Division 611312008 711 412008 811 212008 

(148-1) $6.00 

Administration Parking 7/25/2008 8/23/2008 

(1 48-6) $3.40 

Legislative 

Administration Procedure for Payment of Unused 8/4/2008 9/2/2008 

(148-21) Sick Leave to Emptoyees 

$3.60 

Procedural 

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

(61-1) $8.80 

Legislative 

Agriculture Disposal of Dead Poultry 6/23/2008 7/23/2008 7/30/2008 

(61-1C) $5.40 

Legislative 

Agriculture Commercial Feed 61612008 7/7/2008 713012008 

(6 1-5) $10.20 

Legislative 

Agriculture Schedule of Charges for Inspection 6/26/2008 7/26/2008 7/3012008 

(61-86) Services: Fruit 

$4.20 

Legislative 

Air Quality Repeal-Control and Reduction of 7/9/2008 811 1 /2008 

(45-1) Nitrogen Oxides from Non-Electric 

Generating Units as a Means to 

Mitigate Transport of Ozone 

Precursors 

$13.50 

Legislative 

Air Quality Ambient Air Qualtty Standards 7/9/2008 811 1/2008 

(45-8) $5.20 

Le~islative 
RULE MONITOR A 

Air Quality Permits for Construction, 7/9/2008 811 1 12008 

(45-1 3) Modification, Relocation and 

Operation of Stationary Sources of 

Air Pollutants, Notification 

Requirements, Administrative 

Updates, Temporary Permits, 

General Permits, and Procedures 

for Evaluation 

$8.80 

Legislative 

Air Quality Permits for Construction and Major 71912008 811 112008 

(45-14) Modification of Major Stationary 

Sources of Air Pollution for the 

Prevention of Significant 

Deterioration 

$13.00 

Legislative 

Air Quality Standards of Performance for New 7/9/2008 8/11 12008 

(45-1 6) Stationary Sources 

$23.60 

Leaislative - 

Air Quality Control of Air Pollution from 71912008 8H 212008 

(45-25) Hazardous Waste Treatment, 

Storage and Disposal Facilities 

$10.60 

Legislative 

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

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

Reduction of Nitrogen Oxides from 

Electric Generating Units 

$12.10 

Legislative 

Air Quality Emission Standards for Hazardous 71912008 811 112008 

(45-34) Air Pollutants 

$22.90 

Legislative 

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

(45-37) Program to Reduce Mercury 

Emissions 

$10.00 

Leaislative 

Architects 

(2-2) 

Registration of Architects 

$5.20 

Leaislative 

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

(2-3) $3.20 

Leaislative 
RULE MONITOR 

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

Coal Mine Health and Responsibility for Care and 1011012007 1 1/14/2007 2/20/2008 1/1/2009 

Safety Maintenance of Equipment 

(36-1 8) $3.00 

Legislative 

Comm. & Tech. Guidelines for Governing Boards in 6/16/2008 7/16/2008 611 6/2008 Approved 

College Education Employing and Evaluating Effective 612412008 

(1 35-5) Presidents 611 612008 

$4.20 

Leaislative - - - - - - - - - - 

Cornm. &Tech. Accountability System for WV Public 7/22/2008 8/22/2008 

College Education Higher Education 

(1 35-49) $4.60 

Legislative 

Consolidated Public General Provisions 611 8/2008 7118/2008 811 312008 

Retirement Board $4.80 

(162-1) Legislative 

Consolidated Public Benefit Determination and Appeal 611 812008 711 812008 811 312008 

Retirement Board $4.60 

(1 62-2) Legislative 

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

Retirement Board $5.20 

(1 62-4) Legislative 

Consolidated Public Public Employees Retirement 611 812008 711 812008 811 312008 

Retirement Board System 

(1 62-5) $5.00 

Legislative 

Consolidated Public Appointment of Representatives to 611 812008 7/18/2008 

Retirement Board the WV Investment Management 

(1 62-6) Board 

$4.00 

Procedural 

Consolidated Public Refund, Reinstatement, Retroactive 611 812008 711 812008 811 312008 

Retirement Board Service, and Loan Interest Factors 

(1 62-7) $4.80 

Consolidated Public Service Credit for Accrued and 611 812008 711 812008 8/1312008 

Retirement Board Unused Sick and Annual Leave 

(1 62-8) $4.60 

Legislative - - -- 

Consolidated Public West Virginia State Police 611 812008 7/18/2008 811 312008 

Retirement Board $5.20 

(162-9) Legislative 

Consolidated Public Deputy Sheriff Retirement System 611 8/2008 711 812008 811 312008 

Retirement Board $5.40 

(1 62-1 0) Legislative A - 
RULE MONITOR 

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

Contractor Licensing WV Contractor Licensing Act 711 712008 811 8E2008 

Board $5.40 

(28-2) Legislative 

Crime Delinquency Law Enforcement Training 611 8Q008 712112008 8H 12008 

and Correction Standards 

(149-2) $1 2.60 

Leaislative 

Deaf and Hard of Establishment of Required 7/2512008 8/25/2008 

Hearing Qualifications and Ethical Standards 

(1 92-3) for Interpreters and Transliterators 

$4.40 

Legislative 

Dental Examiners Rules for the WV Board of Dental 61412008 71912008 61412008 711 512008 

(5-1) Examiners Amendment 

$6.60 711 512008 

Legislative Approved 

811 312008 

Dental Examiners Formation and Approval of Dental 712612008 812712008 

(5-6) Corporations 

$3.60 

Legislative 

Development Office Neighborhood Investment Program 711612008 811 612008 

(1 45-7) Act 

$6.00 

Procedural 

Deveiopment Office Brownfield Economic Development 7/1/2008 7/3 I I2008 

(145-1 1) Districts 

$5.40 

Legislative 

Education Alternate Academic Achievement 511 6/2008 611 6/2008 711 1122008 811 112008 

(1 26-44P) Standards for WV Schools 

(2520.16) 

$38.60 

Legislative 

Education 21" Century Science 9-12 Content 111 112008 211 112008 311 312008 71112008 

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

Schools (2520.35) 

$1 8.60 

Legislative 

Education 21 Century AdvisorJAdvisee 9-1 2 5/19/2008 611 912008 

(1 26-44U) Content Standards and Objectives 

for WV Schools (2520.19) 

$12.10 

Legislat~e 
RULE MONITOR 

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

Education Student Driver Eligibility Certificate 6/6/2008 71712008 

(1 26-84) (4 1 50) 

$4.00 

Legislative 

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

(1 26-92) Policy and Procedures Manual 

(4336) 

$17.70 

Legislative 

Education Minimum Requirements for the 6/6/2006 7/7/2008 

(1 26-1 36) Licensure of 

Professional1Paraprofessional 

Personnel and Advanced Salary 

Classifications (5202) 

$21.40 

Legislative 

Education Handbook on Planning School 6/6/2008 7/7/2008 

(126-172) Facilities (6200) 

$34.30 

Legislative 

Education Purchasing Procedures for Local 11/1 512007 1211 712007 111 1 /2008 212 112008 

(1 26-202) Educational Agencies (8200) 

$15.00 

Legislative 

~nvironmentil Voluntary Rernediation and 7/1/2008 8/4/2008 6/2/2008 

Protection, Secretary's Redevelopment Rule Approved 

Office $18.10 612612008 

(60-3) Legislative 

Ethics Commission Purchase, Sale or Lease of 611 612008 711 812008 

(1 58-3) Personal Property 

$3.40 

Legislative 

Ethics Commission Interest in Public Contracts 611 612008 711 812008 

(1 58-8) $3.60 

Leoislative 

Ethics Commission Voting (Repeal) 

(1 58-9) $3.80 

Legislative 

Ethics Commission Employment Exemptions 

(7 58-1 1) $4.20 

Lsaislative 

Ethics Commission Lobbying 

I1 58-12) $6.40 

Legislative 

Ethics Commission Filing of Verified Time Records 611 612008 711 912008 

(1 58-14) $4.00 P 

Legislative P 38 
RULE MONITOR A 

pL 

- 

AGENCYISERIES NO RULE NOTICE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGtS FINAL FILE EFFECTIVE !? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

Fire Commission Standards for the Certification and 711 812008 812012008 

(87-7) Continuing Education of Municipal, 

County, and Other Public Sector 

Building Code Officials, Building 

Code Inspectors and Plans 

Examiners 

$4.00 

Fire Marshal's OPfice Supervision of Fire Protection Work 7/2/2008 81112008 

(1 03-3) $5.40 

Legislative 

Health Licensure of Medical Adult Day 711 4M008 811512008 

(64-2) Care Centers 

$8.60 

Legislative 

Health Public Water Systems 711 Ol2008 811 112008 

164-3) . , $5.20 

Legislative 

Health Nursing Home Licensure Rule 611 712008 711 812008 

(64-2 3) $22.50 

Legislative 

Health Tuberculosis Testing, Control, 713012008 812812008 

(64-76) Treatment and Commitment 

$5.20 

Legislative 

Health 

(64-96) 

Maternal Mortality Review Team 711 012008 811112008 

$3.60 

Procedural 

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

Policy Commission $4.60 

(I 33-3 n\ Procedural 

Higher Education Medical Student Loan Program 8/4/2008 91312008 

Policy Commission $4.40 

(2 33-34) Legislative 

Higher Education WV Higher Education Grant 8/4/2008 91312008 

Policy Commission Program 

(1 33-42) $5.80 

Legislative 

Higher Education Research Trust Fund Program 7/1 It2008 811 112008 712 112008 

Policy Commission $6.20 

(1 33-48) Legislative 

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

Policy Commission Higher Education 

(1 33-49) $5.00 
RULE MONITOR - - - - - - - 

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

Highways Regurations Pertaining to Particular 711 112008 811 512008 

(1 57-1) Functions of the Commissioner of 

Highways 

$3.60 

Highways Use of State Road Rights of Way 717 112008 8/11/2008 

(1 57-6) and Adjacent Areas 

$9.20 

Leaislative - - - - - - - - -- 

Highways Transportation of Hazardous 711 1/2008 811 112008 

(1 57-7) Wastes Upon the Roads and 

Highways 

$3.80 

Legislative 

Human Services Child Care Center Licensing 611 612008 8/16/2008 

(78- . 1 ) 

. $16.80 

Legislative 

Insurance Commission Coordination of Health Benefits 611 912008 712112008 

(1 14-28) $9.20 

Insurance Commission Long-Term Care Insurance 6/19/2008 7/21/2008 

(1 14-32) $15.10 

Legislative 

lnsurance Cotnmiss~on Actuarial Opinion and Memorandum 6/19/2008 7/21/2008 

(1 14-41) Rule 

$9.60 

Legislative 

Insurance Commission Continuing Education for Individual 712412008 8/25/2008 

(1 14-42) Insurance Producers 

$5.80 

Legislative 

Insurance Viatical Settlements 6/13/2008 711 412008 5/16/2008 

(1 14-80) $6.60 Approved 

Legislative 5/29/2008 

Amendment 

611 3M008 

Approved 

6/26/2008 

Insurance Discount Medical Plan 611 3/2008 711412008 511 612008 

(1 14-83) Organizations and Discount Approved 

Prescription Drug Plan 6/6/2008 

Organizations Amendment 

$5.00 611 3/2008 

Legislative Approved 

6/26/2008 A 

P 

ul 

0 
RULE MONITOR A 

7 

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

Insurance Commission Health Policy Rate and Form Filings 6/19/2008 712112008 

(1 1 4-84) $4.00 

Leaislative 

Insurance Professional Employer 611 9i2008 712 1 12008 611 912008 

(1 14-85) Organizations Approved 

$5.40 7/8/2008 

Legislative 

Insurance Commission Preneed Life Insurance Minimum 611 912008 712112008 

(1 14-86) Standards for Determining Reserve 

Liabilities and Nonforfeiture Values 

$3.80 

tabor Packaging and Labeling 711 712008 811 812008 

(42- 1 0) $7.20 

Legislative 

Labor Method of Sale of Commodities 7/17/2008 811 8M008 

(42-1 1) $4.20 

Legislative 

Labor 

(42-1 6) 

Standards for Weights and 711712008 811 812008 

Measures tnspectors Adoption of 

NBS Handbook 130, 1987 Edition 

$3.00 

Legislative 

Labor Amusement Rides and Attractions 711 712008 811 812008 

(42-1 7) Safety Act 

$5.20 

Legislative 

Labor WV Manufactured Housing 712712008 8/18/2008 

(42-1 9) Construction and Safety Standards 

Board 

$14.50 

Labor 

(42-2 1 ) 

Elevator Safety Act 

$4.20 

Labor Supervision of Elevator Mechanics 711 712008 811 812008 

(42-21A) and Apprentices 

$3.80 

Labor 

(42-26) 

- -- - 

Weights and Measures Calibration 711 712008 8/18/2008 

Fees 

53.20 

Legislative 
RULE MONITOR --- 

AGENCYlSEPlES NO RULE NOTICE HEARING EMER RULE SECISTATE LRMRC-ACTION LEGIS FINAL FILE EFFECTWE 

Labor 

(42-27) 

Rules of Procedure for Contested 711712008 811 812008 

Case Hearings Dealing with Civil 

Penalties Under the Weights and 

Measures Act 

$3.40 

Procedural 

Medicine Licensvre, Disciplinary and 512012008 6/27/2008 711 8/2008 

(1 1-1 8) Complaint Procedures, Continuing 

Education, Physician Assistants 

$8.80 

Legislative 

Medicine Establishment and Regulation of 512012008 612712008 71 1 812008 

(1 1-2) Restricted Licensure Issued to an 

Applicant in Extraordinary 

Circumstances 

$5.40 

Legislative 

Medicine Definition of Surgery 

(11-10) $22.30 

Legislative 

Mining & Reclamation WV Surface Mining Reclamation 71812008 811 212008 

(38-2) Rule 

$28.80 

Legislative 

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

(9 1 -5) Restriction or Nonrenewal of Driving 

Privileges 

$12.60 

Legislative 

Motor Vehicles Collection of Tax on the Sale of a 611 212008 811 12008 611 212008 811 112008 

(9 1 -9) Vehicle 

$4.80 

Legislative -- - 

Natural Resources Boat~ng Rules 611 612008 711 9)2008 713012008 

(58-25) $5 40 

Legislat~ve 

Natural Resources Deer Hunting Rules 611 612008 711 912008 7130/2008 

(58-50) $4.00 

Legislative 

Natural Resources Lifetime Hunting, Trapping and 611 112008 711.112008 

(58-67) Fishing Licenses 

$4.00 

Leaislative 
RULE MONITOR A 

p 

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

Natural Resources Hunting, Trapping and Fishing 611 112008 711 112008 712912008 

(58-71 ) License and Stamp Fees 

$6.40 

Legislative 

Personnel Reimbursement of Compensation 511 912008 611 912008 712512008 

(143-8) Paid to State Employees for 

Training, Education and 

Professional Development 

$6.00 

Legislative 

Pharmacy General, Definitions, and Manner of 713012008 812912008 

(15-1) Issuance of Prescription 

$4.60 

Legislative 

Pharmacy Pharmacist Administration of 713012008 812912008 

(1 5-1 2) Immunizations 

$3.40 

Legislative 

Pharmacy Regulation of Charitable Clinic 713012008 8/29/2008 

(1 5-13) Pharmacies 

$4.00 

Legislative 

Physical Therapy General Provisions 613012008 7131 12008 613012008 

116-11 . . $4.60 

Legislative 

PROMISE Scholarship WV Providing Real Opportunities for 1011612007 1111 512007 1011612007 

(1 34-1) Maximizing In-State Student Withdrawn 

Excellence (PROMISE) Scholarship 312612008 

Program 

$4.80 

Legislative 

Property Valuation Statewide Procedures for the 512112008 71312008 

Training & Procedures Maintenance and Publishing of 

Comm. Surface Tax Maps 

(1 89-3) $6.00 

Procedural 

Public Service Rules and Regulations Governing 711 812008 812012008 

Commission Emergency Telephone Service 

(1 50-25) $8.60 

Exempt Legislative 

Public Service Rules Governing Emergency 711812008 8120/2008 

Commission Telephone Service 

(150-31) $8.60 

Exempt Legislative 
RULE MONITOR 

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

Purchase of Rules and Regulations for Fair 7/2/2008 81112008 

Commodities 8 Market Price Determination 

Services from the $5.00 

Handicapped Legislative 

(1 864) 

Purchase of Rules and Regulations Statewide 7/2/2008 8/1/2008 

Commodities & Contract 

Services from the $4.80 

Handicapped Legislative 

(1 86-3) 

Purchase of Rules for Qualifications for 71212008 81112008 

Commodities & Participation 

Services from the $3.60 

Handicapped Legislative 

(1 86-4) 

Regional Jail & Criteria and Procedures for 1211 412007 <114/2008 It1 812008 Modified & 

Correctional Facility Determination of Projected Cost per Approved 

Auth. Day for Inmates Incarcerated in 7130/2008 

(94-7) Regional Jails and Operated by the 

Auth. 

$5.80 

Legislative 

Reg. Professional Policies. Standards and Criteria for 611 312008 711 412008 

Nurses the Evaluation and Accreditation of 

(19-1) Colleges, Departments or Schools 

or Nursing 

$5.80 

Legislative 

Reg. Professional Limited Prescriptive Authority for 4/30/2008 6130/2008 811 12008 

Nurses Nurses in Advanced Practice 613012008 711012008 

11 . 9-81 . $26.20 

Legislative 

Reg. Professional Fees for Services Rendered by the 6/? 312008 711 412008 

Nurses Board and Supplemental Fee for the 

(1 9-1 2) Center for Nursing 

$3.80 

Legislative 

Rehabilitation Services Low Vision Driver Training Program 711 612008 8/i 812008 

(1 30-3) $4.20 

Leaislative 

Respiratory Care Student Temporary Permits 611 112008 7/14/2008 611 112008 7/24/2008 

(30-9) $4.20 Approved 

Legislative 6/26/2008 - - -- -- -- - -- 

School Building SBA Requirements for 712312007 812312007 7/23/2007 9/27/2007 Approved SB 459 4/2/2008 41212008 

Authority of WV Comprehensive Educational Facilrty Effective 1211 012007 

(164-1) Plan 7/23/2007 A 

$5 80 Amendment P 

Legislative 9/27/2007 Vr 
RULE MONITOR -L 

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

School Building Funding School Building Authority 7/23/2007 8/23/2007 7/23/2007 9/27/2007 Approved SB 459 41212008 41212008 

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 912712007 Approved SB 459 4/2/2008 4/2/2008 

Authority of WV Planning and Design Criteria Effective 1211 012007 

(1 64-3) $4.00 7/23/2007 

Legislative Amendment 

9/27/2007 

School Building School Building Authority Project 7/23/2007 812312007 7/23/2007 9/27/2007 Approved SB 459 41212008 41212008 

Authority of WV Administration and Review Effective 12l1012007 

(1 64-4) $10.80 7/23/2007 

Legislative Amendment 

9/27/2007 

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

Authority of WV and Agreements Effective 12110/2007 

(164-5) $6.20 7/23/2007 

Legislative Amendment 

912712007 

Amendment 

12/1012007 

School Building School Building Authority Reporting 7/23/2007 8/23/2007 

Authority of WV Procedures 

(1 64-61 49.60 

912712007 Approved SB 459 41212008 4/2/2008 

1211 012007 

Legislative 

School Building School Access Safety Act 412412007 5/24/2007 4/24/2007 711 212007 Approved St3 459 4/2/2008 4/2/2008 

Authority of WV Guidelines and Procedures Effective 1212812007 1/7/2008 

(1 64-7) $4.60 412412007 

Legislative Amendment 

711 112007 

Effective 

712 112007 

Secretary of State Administration of the Address 1/4/2008 2/4/2008 11412008 211 512008 Modified & 

(1 53-37) Confidentiality Program Approved Approved 

$4.00 2/8/2008 713012008 

Legislative Filed 

8/7/2008 

Social Work Fee Schedule 

Examiners 56.40 

(25-3) Legislative 
RULE MONITOR 

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

Tax Department Repeal of Valuation of Intangible 513012008 71312008 

(110-1 L) Personal Property lnclud~ng Stock, 

Accounts Receivable and Stock in 

Banks and Capital of Savings and 

Loan Assoc~ations for Ad Valorem 

Property Tax Purposes 

$5.20 

Legislative 

Tax Department Combined Returns Pursuant to an 712912008 8/28/2008 

(1 10-1 OK) Investigation by the Tax 

Commissioner 

$3.40 

Legislative 

Tax Department Film Industry Investment Tax Credit 612712008 712812008 

(1 10-1 3X) $3.20 

Legislative 

THE ABOVE RULE HAS BEEN WlTHDRAWN 

Tax Department West Virginia Film Industry 713112008 8/29/2008 7131 12008 

(1 10-13X) Investment Act 

$6.00 

Legislative 

Tax Department Electronic Filing and Payment of 612712008 712812008 

(1 10-39) Special District Excise Tax 

$3.40 

Legislative 

Tax Department Withholding or Denial of Personal 612712006 712812008 

(1 10-40) Income Tax Refunds from 

Taxpayers Who Owe Municipal 

Costs, Fines, Forfeitures or 

Penalties 

$4.20 

Legislative 

Tax Department Exchange of Information Agreement 7/25/2008 812512008 

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

Dept. of Health & Human 

Resources Office of the Inspector 

General Medicaid Fraud Control 

Unit 

$3.40 

Legislative 

Tourism Direct Advertising Grants Program 611 312008 711 612008 811 12008 

(144-1) $6.40 

Legislative 

Treasurer Selection of State Depositories for 713012008 812812008 

(I 12-7) Receipt Accounts 

$4.40 

Legislative P 
RULE MONITOR 2 

AGENCYlSERlES NO RULE 

7 

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

Veterinary Medicine Schedule of Fees 

(26-6) $3.60 

Legislative 

Waste Management Hazardous Waste Management 71812008 811 212008 

(33-20) System 

$35.40 

Legislative 

Waste Management Assessment of Civil Administrative 71712008 811 4/2008 

(33-22) Penalties 

$6.80 

Legislative 

Waste Management Hazardous Waste Management Fee 71812008 8/12/2008 

(33-24) $5.20 

Legislative 

Water Resources Requirements Governing Water 71112008 811 812008 

(47-2) Quality Standards 

312.90 

Legislative 

Water Resources Designation of Tier 3 Waters 411 512008 6/3/2008 

(47-2A) $3.20 

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

(47-30) Facilities 

$1 3.70 

Water Resources State Water Pollution Control 7/15/2008 811 812008 

(47-31) Revolving Fund 

$19.90 

Legislative 

Water Resources Environmental Laboratories 7/2/2008 8/14/2008 

(47-32) Certification and Standards of 

Performance 

$10.40 

Legislative 

Water Resources Dam Safety Rule 71712008 811 412008 

(47-34) $1 3.60 

Legislative 

Water Resources Assessment of Civil Administrative 7/7/2008 811 412008 

(47-56) Penalties 

$6.00 

Legislative 

Workers Comp. by the Claims Management and 4/29/2008 5/29/2008 711 812008 8/17/2008 

Insurance Comm. Administration 

(85-1) $15.30 . , 

Exempt Legislative 
-- -- 

RULE MONITOR 

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

Workers Comp. by the Workers' Compensation Claims 4/29/2008 5/29/2008 711 812008 811 712008 

Insurance Comm. Index 

185-21 . $1 0.40 7 

Exempt Legislative 

Workers Cornp. by the Workers' Compensation Debt 4/29/2008 512912008 

Insurance Comrn. Reduction Fund Assessments and 

(85-6) Regulatory Surcharges 

$9.00 

Exempt Legislative 

Workers Cornp, by the Workers' Compensation Policies, 4/29/2008 5/29/2008 

Insurance Comm. Coverage Issues and Related 

(85-8) Topics 

f 9.60 

Exempt Legislative 

Workers Comp. by the Employer Default, Enforcement, 811 212008 911 112008 

Insurance Comm. Collections and Related Matters 

(85-1 1) $7.80 

Exempt Legislative 

Workers Comp. by the Self Insurance, Self Administration 4/29/2008 5/29/2008 711 812008 811 712008 

Insurance Cornm. and Third Party Administrators 

(85-1 8) $14.50 

Exempt Legislative 

Workers Comp. by the Setf Insurance Risk Pools 8/12/2008 911 112008 

Insurance Cornrn. $4.80 

(85-1 9) Exempt Legislative 

Workers Comp. by the Professional Employer 8/?2/2008 911 112008 

Insurance Comm. Organizations 

(85-31 ) $4.00 

Exempt Legislative 
WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

Form #3 --------------------------- 

Do Not Mark In This Box 

Fi LED WEST VlRGlNlA 

SECRETARY OF STATE 

ZDDU RUG 1 2 AH 9: 1 6 LEGISLATIVE BETTY IRELAND 

NOTiCE OF AGENCY APPROVAL OF A PROPOSED RULE 

AND 

FILING WlTH THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

AGENCY: Depmmt of Adminishation, Purchasing Division TITLE MJMBER~~~. 

CITE AUTHPRITY: 5A"4 

X AMENDMENT TO AN EXISTlNG RULE: YES NOIF YES, SERIES NLlMBER OF RULE BEMG AMENDED: ' 

TITLE OF RULE BEMG AMENDED: -hasing Divbion 

ADMINISTRATIVE LAW DIVISION 

Fomr a3 --------------------------- 1 

Do Not Mark In This Box -r 

FILED P 

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CD 

2008 AUG 13 PH 3: 1 I 

NOTICE OF AGENCY APPROVAL OF A PROPOSED RULE 

AND 

FILING WITH THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

AGENCY: WV Con~lidcl~d llublir Rclircn~c~~t Board TITLE NUMB

CITE AUTHORITY. WV 1 5-10D'1 

AMENDMENT TO AN EXISTING RULE: YESX NOIF YES. SERIESNUMBER OF RULE BEING AMENDED: 

TITLE OF RULE BEING AMENDED. Gcncm' Prw'sionr 

F NO, SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEWG PROPOSED. 

IF NO. SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

THE ABOVE PROPOSED LEGISLATIVERULE HAVING GONE TO A PUBLIC HEARING OR A PUBLIC 

COMMENT~WOD IS HEREBY APPROVED BY THEPROMULGATING AGENCY FORFILING WITH 

THE SECRETARY OF STATE AND THE LEGISLATIVE REVIEW COMMITTEE FOR 

THEIR REV~EW. 

THE ABOVE PROPOSEDLEGISLATIVERULE HAVINGGONETOA PUBLIC HEARINGORA PUBLIC 

COMMENT PERIOD IS HEREBY APPROVED BY THE PROMULGATING AGENCY FOR FILING WlTH 

THE SECRETARY OF STATE AND THE LEGISLA EW COMMITTEE FOR 

THEIR REVIEW. 
WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

Do "$prkpwox WEST VIRGINIA 

ZDOB AUG 13 PH 3: 12 SECRETARY OF STATE 

LEGISLATIVE BETTY IRELAND 

Do N Mark In This Box ?I LFI-;. 

2000 AUG 13 PH 3: 12 I ADMlNlSTRATlVE LAW DlVlSiON I CR!.;,~ i '1: YiRGiNbI 

For~n ti; SECzbTk7i CF STATE 

NOTICE OF AGENCY APPROVAL OF A PROPOSED RULE 

AND 

FILING WlTH THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

AGENCY: IVV Con~lidalcd Public Rclircmcnr Board TITLE NUMBER:^ 

li: YES. SERIESNUMBER OF RULE BEING AMENDED: sc'ier? 

TITLE OF RULE BEING AMENDED: Bcncf" Dc!cnninorions and Appeal 

NOTICE OF AGENCY APPROVAL OF A PROPOSED RULE 

AND 

FILING WlTH THE LEGlSLATlVE RULE-MAKING REVIEW COMMITTEE 

ADMINISTRATIVE LAW DIVISION Fo~m #j 

IF YES. SERIESNUMBER OF RULE BEING AMENDED: 

c,r:;;f &;,;"; ':?;gpiqA 

SECliEKil' 0: STATF 

TLTLE OF RULE BEING AMENDED: TCaC"C"' Rc'ircmcn' SVr'cm 

IF NO. SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

IFNO. SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

TIiEABOVE PROPOSEDLECISLATIVE RULE HAVINGGONETO A PUBLIC HEARINGORA PUBLIC 

COMMENT PERIOD IS HEREBY APPROVED BY THEPROMULGAT[NG AGENCY FOR FILING WITH 

THE SECRETARY OF STATE AND THE LEGISLATIVE 

THEIR REVIEW. 

THE ABOVEPROPOSED LEGISLATIVE RULE HAVINGGONETOA PUBLIC HEARINGOR A PUBLIC 

COMMENT PERIOD IS HEREBY APPROVED BY THE PROMULGATING AGENCY FOR FILING WITH 

THE SECRETARY OF STATE AND THE LEGISLATIVE 

THEIR REVIEW. 
NOTICE OF AGENCY APPROVAL OF A PROPOSED RULE 

AND 

FILING WlTH THE LEGlSLATlVE RULE-MAKING REVlEW COMMITTEE 

WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

Folm #3 --------------------------- 

AGENCY: WV C~lplidaled Public Rclimmenl Bard TITLE NUMBER:& 

CITE AUTHORITY. Wv '-IoD-' 

IF YES. SERIES NUMBER OF RULE BEING AMENDED: Sc"cs S 

Do Not Mark In This Box WEST VIRGINIA FILtL SECRETARY OF STATE 

2008 AUG 13 PH 3: ! 2 LEGISLATIVE BETTY IRELAND 

CFRLC I 151 \,IRGNLA 

ADMINISTRATIVE LAW DIVISION 

Form #3 

NOTICE OF AGENCY APPROVAL OF A PROPOSED RULE 

AND 

FILING WlTH THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

Do Not Mark in This Box , 

P FILEL. , 

2008 AUG 13 PI! 3: 12 

(2: I I >i \ YdSfiIA 

IFil t 

IF YES. SERIES NUMBER OF RULE BEING AMENDED: S"ie" 

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

[F NO. SERtES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED. 

Prrr ~$nu nr FT~T~ 

IF NO. SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

OLCIL 81 lrd 1 WI UInIL 

THE ABOVEPROPOSED LEGISLATIVE RULEHAVING GONETOA PUBLIC HEARINGORA PUBLIC 

COMMENT PERIOD IS HEREBY APPROVED BY THEPROMULGATINGAGENCY FOR FILING WlTH 

THE SECRETARY OF STATE AND THE LEGISLATIVE RULE-MAKING REVIEW COMMlTTEE FOR 

TtIEIR REVIEW. 

THE ABOVE PROPOSED LEGISLATIVERULE HAVING GONETO A PUBLICHEARINGORA PUBLIC 

COMMENT PERIOD IS HEREBY APPROVED BY THE PROMULGATING AGENCY FOR FILING WITH 

THESECRETARY OF STATE AND THE LEGISLATIVE 

THEIR REVIEW. 
NOTICE OF AGENCY APPROVAL OF A PROPOSED RULE 

AND 

FILING WlTH THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

Form #3 --------------------------- 

AGENCY: tVV Co~~mlidoicd Public Relirenienl Board TITLE NUMBER> 

AUTHORITY: W. Va. Code 55-100-1 

If YES. SERIES NUMBER OF RULE BEING AMENDED: SCri''8 

Do Not Mark In This Box WEST VlRGlNIA i--- '. -. F1 I-i=.L.! SECRETARY OF STATE 

2008 AUG 13 PH 3: 13 LEGISLATIVE BETTY IRELAND 

c--;:.>; ADMINISTRATIVE LAW DIVISION ,-I-. . '. ::;T \?r&lNli\ ,,rr,r.-~~-.i, nr ~TAT 

TIT(.E RULE BEING AMENDED: SCWICC Credbl Ior .4ccnbcd and Unurcd Sick and Anliual Leave 

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/= 1 L- I--. 

I; 

2008 AUG 13 pH 3: 13 

cgl-,,7- , . --- 

JLbl~Lil'l li C'I UId?IL 

Form #3 --------------------------- 

NOTICE OF AGENCY APPROVAL OF A PROPOSED RULE 

AND 

FILING WlTH THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

r .. r I \,:i:i]$j!,A 

AGENCY: WV Conrolidulcd Pt~blic Rcrircmenl Board TITLE NUMBER:-!% 

AUTHORITY. W. V'. cod< $5-loo-1 

5LLi'- I!!,;, ,.." r C;F STATE 

IF YES. SERIES NUMBER OF RULE BEING AMENDED: Se"c59 

IFNO. SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

IF NO. SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: - 

T1-IEABOVE PROPOSED LEGlSLATlVERULEIiAVlNG GONETO A PUBLIC HEARING ORA PUBLIC 

COMMENT PERIOD IS HEREBY APPROVED BY THEPROMULGATlNG AGENCY FOR FILING WlTH 

THE SECRETARY OF STATE AND THE LEGISLATIVE 

THEIR REVIEW. n 

THE ABOVEPROPOSED LEGISLATIVERULEHAVING GONETO A PUBLlC HEARINGOR A PUBLIC 

COMMENT PERIOD IS HEREBY APPROVED BY THE PROMULGATING AGENCY FOR FILING W[TH 

THE SECRETARY OF STATE AND THE LEGISLATIVE 

THEIR REVIEW. 

& ll~orized Signature 
WEST VIRGINtA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

For~n #3 --------------------------- 

Not Mark In This Box 

FILEL. 

2BSO AUG 1 3 PI4 3: 13 

NOTlCE OF AGENCY APPROVAL OF A PROPOSED RULE 

AND 

FILING WITH THE LEGlSLATlVE RULE-MAKING R E V I E W C O M M I T T E E 

AGENCY: \W Consolidated Public Relirrmenf Bosrd TITLE NUMBER:'^' \V. VI. Code 55- 1 OD L 

IF YES. SERIES NUMBER OF RULE BEING AMENDED: Series lo 

WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

tEG'sLAT'\[E~~~~l~~~~~l~~ LAW DIVISION - Fonu #3 --------------------------- 

m 

21100 AUG l l Plf I: 28 

NOTICE OF AGENCY APPROVAL OF A PROPOSED RULE 

AND 

FILING WITH THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE 

Division dMolor Vchicler TITLE NUMBER& 

CITE AUTHOmY. WV Code pl7A-2-9. 17A-34. I l.IS-IF 

IF YES, SENES WEER OF RUE BEWG AMENDED: 

TITLE OF RULE BEING AMENDED: 

IF NO. SERIES NUMBER OF RULE BEING PROPOSED: 

TITLE OF RULE BEING PROPOSED: 

IF NO. SERIES NUMBER OF RULE BEING PROPOSED: " ' 

TmLE OF RULE PROPOSED: Collcclion ol TLT on tl~c Salt aim VeliicLe 

THE ABOVE PROPOSED LEGISLATIVE RULE HAV[NGGONETOA PUBLIC HEARING ORA PUBLIC 

COMMENT PERIOD [S HEREBY APPROVED BY THEPROMULGATING AGENCY FOR FILING WITH 

THE SECRETARY OF STATE AND THE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE FOR 

TIiEIR REVLEW. A A 

THEABOVEPROPOSEDLEGlSLATlVERULEHAVINGGONETOA PUBLICHEARINGORA PUBLIC 

COMMENTPERIOD IS HEREBY APPROVED BY THEPROMULGATMGAGENCY FOR FILTNG WlTH 

THE SECRETARY OF STATE ANDTHE LEGISLATIVE RULE-MAKING REVIEW COMMITTEE FOR 

THEIR REVIEW. 
I WEST VIRGINIA / Do Not Mark In this Box 

NOTICE OF RULE MODlFlCATlON OF A PROPOSED RULE 

WEST VIRGINIA 

SECRETARY OF STATE 

BETTY IRELAND 

ADMINISTRATIVE LAW DIVISION 

Fonn #4 --------------------------- 

AGENCY: %1~"0f SIJIC 153 TITLE NUMBER:- 

CITE AUTHORITY: > 48-2sA-110 

AMENDMENT TO AN EXlSTING RULE: YES X NO - 

IT YES, SERlES NUMBER OF RULE BEING AMENDED: '' 

TIT~E oF RUL~ BEM~ AMENDED: hdmin~rmlhon of tk Address Conlidcnlialiry Program 

DO ~ot M n This BOX ,,,. SECRETARY OF STATE "k FJ-) Betty Ireland FiI FD 

LEG'S~~'~E.~DMINISTRATJVE LAW DlVlSlON ........................................................................................................ Form # 1 

c,'FiL:c ;: ~5 \,T;;;,;,;:, 

NOTICE OF A PUBLIC HEARING ON A PROPOSED &&I%,' ('J; SMTF 

AGENCY: Offices of the Insurance Commirrioner [Workers' Corn~ensation Rules) TITLE NUMBER: 85 

RULE TYPE Exempt Leeislattve CITE AUTHORITY WV Codc 6823-2C-22: 53-?-100~1 

& 33-2-?11al 

AMENDMENT TO AN EXISTING RULE: YES NO 

IF YES, SERIES NUMBER OF RULE BEING AMENDED: 11 

TITLE OF RULE BEMG AMENDED: Em~lover Default. Enforcement. Collections and Related Matters 

- IF NO, SERIES NUMBER OFNEW RULE BEMG PROPOSED: 

IF NO, SERIES NUMBER OF RULE BEMG PROPOSED: TITLE OF RULE BEING PROPOSED: 

TlTLE OF RULE BEING PROPOSED: 

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

THE ABOVE I'ROPOSED LEGISLATNERULES. FOLLOWTNG REVIEW BY THE LEGISLATWE RULEMAKMG 

REVIEW COMMITTEE, IS HEREBY MODIFIED AS A RESULT OF REVIEW AND COMMENT BY THE 

LEGISLATIVE RULE MAKING REVIEW COMMITTEE. THE ATTACHED MODFICATIONS ARE FILED WITH 

THE SECRETARY OF STATE. 

DATE OF PUBLIC HEARING: Thursday. September 11.2008 TIME: 3:00 PM 

LOCATION OF PUBLIC HEARING: Ofices of rhe WV Insurance Commissioner 

1124 Smith Street - 4'"loor - Room 400 

Charleslon. WV 25301 

COMMENTS LIMITED TO: ORAL WRITTEN 0 BOTH 

DATE WRITTEN COMMENT PERIOD ENDS: Thursday. Se~t. 1I. ZOO8 TIME: 3:00 PM 

WRITTEN COMMENTS MAY BE MAlLED TO: 

The Department request that persons wishing to make 

comments at the hearing make an effort to submit written 

commenu in order to facilitate the review of tlrese comments. 

The issues to be heard shall be limited to the proposed rule. 

Rvan Sims. Associate Counsel 

Oftices of the Insurance Coin~nissioner 

P.O. Box 50540 

Charleston. WV 75305-05.10 

Ryan Sllris(~??!r vi~isurance ao\.--. 

ATTACH A -SUMMARY OF YOUR PROPOSAL 

Cabinet Secretary 

West Virginia Department of Revenue 
WEST VIRGINIA 

,,! SECRETARY OF STATE 

Betty Ireland 

1 Do Not Mark In this Box WEST VIRGINIA 

SECRETARY OF STATE 

Betty Ireland 

Do Not Mark In this Box 

ADMINISTRATIVE LAW DIVISION i, ""'G 12 PR 1: 20 LEG~~~T~VEIDMINISTRATIVELPIWDIVISION ....................................................................................................... Form #1 ........................................................................................................ Form #I 4 , V.,L , '!.:.?- 

!;:;I K!%/fiip, @FIE ;'/?; ,,;:m ULb' .L L",i &- 

NOTICE OF A PUBLIC HEARING ON A PROPOSED RULE Norm OF A PUBLIC HEARING ON A PROPOSED RULE'~~~',~~~~~SJAJE 

AGENCY: Offices oithe Insurance Commis5ioner (Workers' Comoensation Rules) TITLE NUMBER: 85 AGENCY: Officcs of the Insurance Commissioner (Workers' Comucnsation Rules) TiTLE NUMBER: 85 

RULE TYPE: Exempt Leaislalive CITE AUTHORITY WV Code 6623-2-91el. 23-2C-21~L RULE TYPE: Exern~r Leaislative CITE AUTHORITY WV Codc 6623-2C-22. 33-2-IO(bl, 

23-2C-21q1.23-2C-22.33-2-lObl and 33-2-21Ia) 

AMEKDMENT TO AN EXlSTMG RULE: YES IX] NO 

33-2-21(al. and 33-46A-7 

AMENDMENT TO AN EXISTMG RULE: YES NO 

IF YES. SERIES NUFABER OF RULE BEMG AMENDED: 19 IF YES, SERIES NUMBER OF RULE BEING AMENDED: 3 1 

TITLE OF RULE BEWG AMENDED: Self Insurance Risk Pools TITLE OF RULE BEMG AMENDED: h&w4~4~ . . 

IF NO, SERIES NUMBER OF NEW RULE BEMG PROPOSED: 

nTLE OF RULE BEING PROPOSED: 

IF NO, SERIES NUMBER OF NEW RULE BEMG PROPOSED: 

TITLE OF RULE BEWG PROPOSED: 

DATE OF PUBLIC HEARING: Tl~ursdav. Se~tember t 1. 2008 TIME: 3:OO PM 

LOCATION OF PUBLIC HEARING: Offices of the WV lnsurance Commissioner 

1 124 Smith Street - 4" Floor - Room 400 

Charleston. WV 25301 

COMMENTS LIMITED TO: ORAL WRITTEN BOTH 

DATE OF PUBLIC HEARMG: Tl~unday. September 11.2008 TIME: 3:00 Ph4 

LOCATlON OF PUBLIC HEARING: Ofices of the WV Insurance Commissioner 

1124 Smith Streel - 41h ~hor - Room 400 

Charleston. WV 25301 

DATE WRITTEN COMMENT PERIOD ENDS: Thursday. Setit. 11,2008 TIME: 3:OO PM DATE WRITTEN COMMENT PERIOD ENDS: Thursday. Sc~t. 11.2008 TIME: 3:00 PM 

WRITEN COMMENTS MAY BE MAILED TO: Ryan Sims. Associale Counsel WRITTEN COMMENTS MAY BE MAILED TO: Ryan Sims. Associate Counsel 

The Department request that persons wisl~ing to ~nake 

comments at the hearing make an efforl to submit written 

comments in order to facilitate the review of these cornrnents. 

Offices of the Insurance Coinmissioner 

P.O. Box 50540 

Tl~e issues to be heard shall be limited to Ihe proposed mlc. Charleston. WV 25305-0540 

ATTACH A SUMMARY OF YOUR PROPOSAL 

The Department request that persons wishing to make 

camlncnts at the hearing make an effort to submit written 

comments in order to facilitate Ihe review of these oornrnents. 

The issues to be heard shall be lin~ited lo the proposed rule 

ATTACH A BRIEF SUMMARY OF YOUR PROPOSAL 

Offices ofthc Insurance C~mrnissioner 

P.O. Box SO540 

Charleston. WV 25305-0540 

Rvan.Sims~winsumce,eov / /A, 

Cabinet Secretary 

West Virginia Department of Revenue 

Cabinet Secretary 

Wen Virginia Department of Revenue 
I -. .' . L OFFICE OF THE SECRETARY OF STATE 

Betty Ireland 

S%rer&y of Srrw 

STATE OF WEST VIRGINIA 

ORICE iXST GRGINR 

SECRETARY OF STAE 

August 12.2008 

NOTICE OF EMERGENCY RULE DECISION BY THE SECRETARY OF STATE 

AGENCY: WV Board of Dental Examiners 

RULE: Amendment, SCSRI, Rule for the West V~rainia Board of Dental Examiners 

DATE FILED AS AN EMERGENCY AMENDMENT: July 15.2008 

DATE ORlGlNALLY FILED AS AN EMERGENCY RULE: June 4, 2008 

DECISION NO. 8-08 

Following review under W. Va. Code 529A-3-15a, it is the decision of the Secretary of 

State that the above emergency rule is approved. A copy of the complete decision with 

required findings is available from this office. 

secretawof State 

EMERGENCY 

I WEST VIRGINIA ETHICS COMMISSION'S COMMITTEE ON OPEN GOVERNMENTAL MEETINGS ADVISORY OPINIONS 

t I NO. i OP1NION SOUGHT i 

The West Virginia Manufactured Housing Construction and Safety Standards Board (hereinafter "the Board) asks for guidance concerning several 

questions regarding the meaning and application of the Open Meetings Act: (1) May the staff of the Division of Labor provide a packet of written 

information regarding matters to be addressed at a meeting to the Board Members in advance of a meeting? (2) Must this same information be 

provided to the public in advance of the meeting? (3) If the Board accepts an invitation to meet informally with the Board of Directors of the WV 

Housing Institute, to what extent may Board Members discuss matters that will require official action by the Board at some future time? (4) What 

are the guidelines for conducting a work session? (5) Are work sessions subject to the requirements of the Act? (6) Are minutes required for a 

work session? (7) Is there a requirement to record work sessions? 

1 2008-10 

1 

The Kanawha County Board of Education asks if it is required to go into executive session to establish written goals and objectives for the County 

Superintendent. 
I 

I OFFICE OF TAX APPEAL DECISIONS 

NO. 1 SYNOPOSTS 1 DATEISSUED I 

Retired federal corrections officer who performed duties similar to those performed by West Virginia state fire 

fighters and police officers, but who could collect social security benefits, may not fully exclude his retirement 

benefits from the West Virginia personal income tax, pursuant to the Monongalia County Circuit Court ruling in 

Dodson v. Palmer (2000), and pursuant to W. Va. Code 5 1 1-2 1 - 12(c)(6), as amended, because that ruling is 

- 

1 08-089 lWD 

applicable only to those federal law enforcement officers who were unable to collect social security benefits. 

WITHHOLDING TAX AND CONSUMERS' SALES AND SERVICE TAX -- CORPORATE OFFICER 

LIABILITY ASSESSMENTS VACATED, WITHOUT PREJUDICE, FOR IMPROPER SERVICE -- The 

West Virginia Office of Tax Appeals will vacate, without prejudice, an assessment of a withholding tax money 

penalty and an assessment of a corporate officer liability for a certain corporation's debt for consumers' sales and 

service tax, when, as here, the assessments were not served in compliance with W. Va. Code 5 1 1-10-5e [1986], in 

that the State Tax Commissioner did not serve notice of the assessments by first class mail, or by another valid 

method of service, after the notice of the assessments which had been sent by certified mail to the taxpayer's last 

PERSONAL INCOME TAX -- FEDERAL LAW ENFORCEMENT OFFICER'S RETIREMENT 1 713012008 

BENEFITS NOT FULLY EXCLUDED WHEN QUALIFIED FOR SOCIAL SECURITY BENEFITS -- 1 I 

lcnown address had been returned "unclaimed." 

WITHHOLDING TAX AND CONSUMERS' SALES AND SERVICE TAX -- CORPORATE OFFICER 

LIABILITY -- PETITIONS OF STATEMENTS OF ACCOUNT DISMISSED -- The West Virginia Office of 

Tax Appeals will dismiss, as improvidently docketed, petitions of internally inconsistent and, therefore, vague 

"Statements of Account" which, although containing some language indicating that an actual assessment of tax was 

involved, overall demonstrate that only a routine monthly clerical update of the accounts was involved, as part of 

the State Tax Commissioner's new computerized billing system. 

PERSONAL INCOME TAX -- FEDERAL AND WEST VIRGINIA ADJUSTED GROSS INCOME -- 

DETERMINED EXCLUSIVELY BY COMPETENT FEDERAL AUTHORITIES -- Only the Internal 

Revenue Service and other competent federal authorities have the authority to determine, under federal law, any 

component of federal, and thereby, West Virginia, adjusted gross income; accordingly, the West Virginia State Tax 

Commissioner and the West Virginia Office of Tax Appeals lack the authority to determine any component of such 

income prior to a final determination by a competent federal authority. See W. Va. Code §$ 11-21-12(a) [2002, 

20061 and 1 1-2 1-59 [I 96 11; Synopsis Points 2-4, W. Va. OTA's Final Decision in Docket No. 05-43 1 P (July 20, 
,FiLt=r'; 

Notice of Comment Period for EPA 

2009 Proposed Rules - State Implementation flRhUG l3 3: 39 

The West Virginia Department of Environmental Protection, Division o 

scheduled a 30-day pubIic comment period ending September 15,2008 for the 

informing the public that the following five 2009 proposed legislative rules will be submitted to 

the U.S. Environmental Protection Agency (EPA) as revisions to the West Virginia State 

Implementation Plan (SIP). The purpose of this notice is also to provide EPA the opportunity to 

comment on the proposed legislative rules. Any comments received by EPA will be made a part 

of the mlemaking record. 

4SCSRI - Control & Reduction of Nitrogen Oxides fi-om Non-Electric Generating Units as a 

Means to Mitigate Transport of Ozone Precursors 

45CSR8 - Ambient Air Quality Standards 

45CSR13 - Permits for Construction, Modification, Relocation and Operation of Stationary 

Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary 

Permits, General Permits, and Procedures for Evaluation 

45CSR14 - Permits for Construction and Major Modification of Major Stationary Sources of Air 

PoIlution for the Prevention of Significant Deterioration 

45CSR26 - NOx Budget Trading Program as a Means of Control and Reduction of Nitrogen 

Oxides from Electric Generating Units 

On July 11, 2008, the West Virginia Department of Environmental Protection, Division 

of Air Quality published a public notice providing a 30-day public comment period, and on 

August 11, 2008 held a public hearing, to solicit comments from the public on the content of the 

proposed rules. This public notice does not reopen that comment period and its pulpose is not to 

re-solicit pu$lic comments on the content of the rules. The purpose of this notice is to inform the 

pubtic that EPA is being given a 30-day period to provide coinment on revisions to the proposed 

rules. Its purpose is also to inform the public and solicit comment with regard to these mles 

being submitted to the EPA as revisions to the West Virginia SIP. Upon authorization and 

promulgation of revisions to 45CSR8, 45CSR13 and 45CSR14, the Division wiH submit the 

rules to EPA as revisions to the SIP pursuant to the federal Clean Air Act. Rules 4SCSRl and 

45CSR26 are proposed to be repealed, and upon authorization of such repeals, will also be 

submitted to EPA a revision to the SIP. 

The Division of Air Quality is providing an opportunity to request a hearing with regard 

to these rules being submitted to EPA as revisions to the SIP. If requested, the hearing will be 

held at 6:00 p.m. on September 22,2008 at the address below. If no written request for a hearing 

is received by September 15,2008, the hearing will be cancelled. A notice amounting the 

cancellation of the September 22,2008 hearing wilI be posted in the FVeses( Virginio Register 

published on September 19,2008. 

Written comments (or request for a hearing) may be submitted to John A. Benedict at the 

following address: Department of Environmental Protection, Division of Air Quality, 601 57Ih 

Street S.E., Charleston, WV 25304. Comments may also be e-mailed to 

Tarnrnv.L.Mowre~wv.eov. For rl1or.e inforination on fhese DAQ rules call 304-926-0475. 

Joe Manchin Ill , Sonia D. Chambecs 

Governor Chalr 

Marlhayeager Walker. Secretary 

OTHER 200fl AUG -8 pH 1: 4g BOardMe"berS West Virginia Department ol am G. Kapouraias 

Health and Human Resources Mar~lvn G White 

OAlCt v;:i biRGlNIA 

SECRETMY OF STATE 

In re: 

MOUNTAiNEER MEDICAL GROUP 

CON File No. 08-5-8701 -P 

NOTICE OF PREHEARlNG CONFERENCE 

AND ADMINISTRATIVE HEARING 

PLEASE TAKE NOTICE that pursuant to Chapter 16, Article 2D, and to 

Chapter 29A, Article 5, of the West Virginia Code of 1931, as amended, that Sonia D. 

Chambers. Chair of the WV Health Care Authority, wishes to announce that the following 

proceedings have been scheduled for the above-noted application: 

A PREHEARING CONFERENCE will be held Tuesday. September 30, 

2008, beqinnin~ at 120 p.m., in the Large Conference Room of the WV Health Care 

Authority, 100 Dee Drive, Charleston, West Virginia. 

An ADMlNlSTRATlVE HEARING will be held Tuesdav, October 7,2008, 

besinnins at 9:00 a.m., in the Large Conference Roam of the W Health Care Authority. 

100 Dee Drive. Charleston, West Virginia. 

This application concerns the establishment of an urgent care facility in the 

South ParkersburglMineral Wells area. Wood County. The capital expenditure associated 

with the proposal is $450,000. 

You and any other "affected persons" as defined by W. Va. Code 516-2D-2 

wishing to participate in the hearing of this application are directed to be present at both 

the prehearing conference and the administrative hearing. 

1 OD Dee Drlve - Charleston, Wesl Virginia 2531 1-1 600 - 304.550.7000 . 304.558.70011Fax 1.888.558.7~UToll Free 

w.hcawu org 
NOTICE OF PREHEARING CONFERENCE 

AND ADMINISTRATIVE HEARING 

Mountaineer Medical Group 

Page Two 

The purpose of the prehearing conference is to designate parties to the 

hearing, to designate the issues for the hearing, resolve any procedural matters, receive 

any motions, establish the order of proceedings, receive a listing of the witnesses and a 

summary of direct testimony that will be offered at the hearing, receive a listing of evidence 

to be offered a-nd copies of any documents to be offered such as reports or analysis 

prepared by expert witnesses including any financial reports and any other procedural 

matters. The prehearing conference wilt be conducted in conformance to Rule 16, West 

Virginia Rules of Civil Procedures for pretrial conferences. 

In a hearing, any person has the right to be present or to be represented by 

counsel and to present oral or written arguments and relevant evidence. Any person 

affected by the matter which is the subject of the hearing may conduct reasonable 

questioning of persons who make factual allegations relevant to such matters. 

PLEASE TAKE NOTICE that if the party who requested the hearing 

withdraws that request, then the hearing will be canceled. 

The file on this application is available for examination in the offices of the 

Health Care Authority from 9:DO a.m. to 4:00 p.m., Monday through Friday. If you have 

questions concerning this matter, please contact Dayle D. Stepp, Director, Certjficate of 

Need, at 558-7000 or toll free 1-888-558-7002. 

Date: Auqust 6. 2008 <. 

Sonia D. ~hiirnbers, Chair 

Lisa A. Corbitt, CFO 

OTHER Mountaineer Medical Group 

260 Lincolnshire Dr~ve 

Mineral Wells, WV 261 50 

Evan Jenkins. Executive Director 

WV State Medical Association 

P.O. Box 41 06 

Charleston. WV 25364 

Jeffrey K. ~atherl~, Esquire 

Bowles, Rice, McDavid, Graff & Love 

P.O. Drawer 141 9 

Martinsburg, WV 25402-1419 

The Honorable Betty Ireland 

Secretary of State 

State Capitol Complex 

Charleston. WV 25305 

Rebecca L. Baker, CCR 

P.O. Box 7822 

Cross Lanes. WV 25356 
Joe Manchln I1I 

Governor 

Martha Yeaget Walker. Secretary 

b'esl Virginia Departrnenl of 

Health and Human Resources 

NOTICE 

In re: St. Mary's Medical Center 

RR File No. HFY09-08-33-0 

Joe Manchin Ill 

Governor 

Marlha Ysager Walker. Secretary - --u~f$s; -, ..-- LUUU AUb I I AN N]B~ Members n , lm.I~nl~-F 

Sam G. Kapourales 

arityn G. White OTHER GRiCi :':E;; i;2Gr,W 

SEC%T:*d9'f OF STATE 

The West Vjrginia Health Care Authority has received an application for a rate 

increase from St. Mary's Medical Center of Huntington, West Virginia. The hospital's 

applicatio? indicates an inpatient per discharge increase of 5.50% over projected actual 

and an outpatient per visit increase of 5.50% over projected actual to non-government 

payors over the previous year. Copies of the application are available to the public for 

inspection during normal working hours. 

Any members of the public wishing to become affected parties or request a public 

hearing must file a written petition with the Authority no later than September 8, 2008, 

detailing reasons for objecting to the rate increase. 

For further information, please contact Barbara Skeen, Director, Rate Review, 

telephone number 558-7000 or toll free 1-888-558-7002. 

Date: Auqust 8. 2008 

100 Dee Drive . Charleston. Wesl Virginia 2531 1-16W . 304.558.7000 - 304.550.70OllFax 1.088.558.7002rTo1I Free "- -- L--...-..,- -.A 

www.hcaw.org 

Wesl vlrgtnja Department of 

Hsalth and Human Resources 

NOTICE 

In re: Wheeling Hospital 

RR File No. HFY09-08-32-8 

Sam G Kapourales OFF,JE :'" ,:,_ti - !!p,f$p&q G. "hlte 

SECiiETGf OF STATE 

The West Virginia Health Care Authority has received an application for a rate 

increase from Wheeling Hospital of Wheeling, West Virginia. The hospital's application 

indicates an inpatient per discharge increase of 6.99% over projected actual and an 

outpatient per visit increase of 6.97% over projected actual to non-government payors over 

the previous year. Copies of the application are available to the public for inspection during 

normal working hours. 

Any members of the public wishing to become affected parties or request a public 

hearing must file a written petition with the Authority no later than September 8, 2008, 

detailing reasons for objecting to the rate increase. 

For further information, please contact Barbara Skeen, Director. Rate Review, 

telephone numher 558-7000 or toll free 1-888-550-7002. 

Date: Auaust 8. 2008 

,I 7 , c , ,', ,:.//.,A ./&*/< .f a* ' 

'%ia D. ChaLr;, Chair 9,; 

100 Dee Dnve Charleslon. West Virginia 2531 1-1 600 . 304.558.7000 . 304.55B.70011Fax . 1.888.558.7002rTo11 Free A*- .--- -A 

www hcawv.org 
WEST VIRGINIA HEALTH CARE AUTHOR~~Y 

CERTIFICATE OF NEED liufi LUG 13 Pk! 3: 13 

100 Dee Drive 

Charleston, West Virginia 2531 1-1 600 0F'225,;(5s1 \{,qG\14IA 

August 11, 2008 

~~~i!flfl/ OF SlATE 

LEGAL NOTICE 

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

following Certificate of Need activities for the week ending August 8. 2008. 

LETTERS OF INTENT RECEIVED 

Augpst 4, 2008 - City of South Charleston. South Charleston, Kanawha County. 

CON File #08-3-6800-P, establishment of an on-site rnedicat clinic for its employees, 

retirees, and their dependents; no capital expenditure. 

August 4, 2008 - Wetzel County Hospital, New Martinsville. Wetzel County, CON 

File #08-5110-8801-E, transition from mobile MRI to fixed site MRI for citizens in Wetzel 

and Tyler Counties in West Virginia, and Monroe County, Ohio; capital expenditure: 

$1,955,000. 

~ug,ust 6. 2008 - West Virginia HomeCare, LLC. Lafayette. Louisiana. CON File 

#08-516110H 1-8803-X, joint venture with Care Partners Home Care, LLC to continue to 

provide home health services in Monongalia, Marion, Preston. Taylor, Harrison, Tyler, 

Wetzel, Marshall, Brooke. Ohio and Hancock Counties, West Virginia; capital expenditure: 

$1,250,000. 

Augirst 7, 2008 - Wheeling Hospital, Wheeling, Ohio County, CON File #08-10- 

8805-E, acquisition and installation of a fixed site MRI unit; capital expenditure: 

$3,300,000. 

REQUEST FOR EXEMPTIONS DECLARED COMPLETE 

August 8.2008 -Jackson County Home Health, LLC. Ripley, Jackson County, CON 

File #08-5-8789-X, acquisition of the Jackson County Board of Health's home health 

agency providing services based in Ripley, West Virginia; capital expend~ture: $975,000. 

August 8, 2008 - Mountaineer Homecare, LLC, Kanawha County, West Virginia. 

CON File #08-3-0790-X, acquisition of Mountaineer Home Health, LLC's home health 

agency providing services based in Kanawha County, West Virginia; capital expenditure: 

5750,000. 

.a 

P 

August 8, 2008 - St Mary's Medical Center. Huntington. Cabell County, CON File 4 

#08-2-87874 development of shared mobile MRI services; capital expenditure: $3,500. 

OTHER PROJECTS DETERMINED NOT REVIEWABLE 

August 5, 2008 - Arnedisys West Virginia, LLC, d/b/a Extend-A-Care Home Health, 

Baton Rouge, Louisiana, CON File #08-3-8770-X, establishment of an administrative 

branch office in Boone County, West Virginia; capital expenditure: $65,000. 

August 5, 2008 - Amedisys West Vjrginia, LLC, dbta ServCare Home Health. Baton 

Rouge, Louisiana, CON File #08-5-87794 establishment of an administrative branch 

ofice in Jackson, County. West Virginia; capital expenditure: $65.000. 

August 5.2008 - Montgomery General Hospital, Montgomery, Fayette County. CON 

File #08-4-8786-X, conversion of 10 skilled beds to dually certified beds; no capilal 

expenditure. 

August 5,2008 - Roane HomeCare, LLC, Spencer, Roane County, CON File #08-5- 

8755-X, relocation of the administrative office for its home health services; capital 

expenditure: $10,000. 

HEARING NOTICE 

The Administrative Hearing and Prehearing Conference have been SCHEDULED in 

the follow~ng matter: 

August 6, 2008 - Mountaineer Medical Group, Mineral Wells, Wood County, CON 

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

ParkersburglMineral Wells area; capital expenditure: $450,000. 

Prehearing Conference Tuesday, September 30, 2008 1:30 p.m. 

Administrative Hearing Tuesday. October 7, 2008 9:00 a.m. 

The prehearing conference and administrative hearing in the above-referenced 

matter will be held in the offices of the Health Care Authority. 200 Dee Drive, Charleston, 

West Virginia 2531 1-1600, unless otherwise noted. 

AMENDED TIME FRAME ORDER ISSUED 

August 6, 2008 - Premier Women's Hospital, LLC, Summersville, Nichotas County, 

CON File #08-4-8715-H, establishment of Premier Women's Hospital, LLC, a specialty 

hospital providing healthcare services to women of central West Virginia; capital 

expenditure: $1,300,000. 
TIME FRAME ORDER ISSUED 

Auggst 6, 2008 - Mountaineer Medical Group, Mineral Wells, Wood County, CON OTHER 

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

ParkersburglMineral Wells area; capital expenditure: $450.000. 

I 

ORDER ISSUED 

August 5. 2008 -Greater Charleston Dialysis, d/b/a Greater Montgomery Dialysis. 

South Charleston, Kanawha County, CON File #07-4-8508-R, establishment of an eight 

station outpatient dialysis center in Montgomery General Hospital located in Montgomery, 

Fayette Cdunty, West Virginia; capital expenditure: $310,000. It is ORDERED that the 

application in this matter tS STAYED as of the date contained on the signature page of this 

order. 

CERTIFICATE OF NEED APPROVAL ISSUED 

August 1 I, 2008 - Wetzel County Hospital, New Martinsville, Wetzel County, CON 

File #08-5110-8680-H, renovation and expansion of the emergency department: capital 

expenditure: 51,716,000. 

RENEWAL GRANTED 

August 5, 2008 -West Virginia University Hospitals-East. Morgantown, Monongalia 

County, CON File #07-5-8543-H, renovation and expansion of the emergency department 

at Jefferson Memorial Hospital; capital expenditure: $4,600,000. It is ORDERED that the 

CON in this matter IS GRANTED a renewal through February 1, 2009. The applicant is 

instructed lo provide a progress report every six months. 

NOTICE OF CONDITIONAL SUBSTANTIAL COMPLIANCE 

The following project has been implemented in conditional substantiat compliance 

pending the fjnal cost figure: 

August 5, 2008 - West Virginia University Hospitals, Inc., Morgantown, Monongalia 

County, CON File #07-6-8560-XIP, relocation of an existing Sleep Lab Department; capital 

expenditure: $510,000. 

PUBLIC NOTICE IflOfihUG 13 pH 4: 40 

WEST VIRGINIA MEDICAID PROGRAM vyfiGINh 

STATEPLANAMENDMENT SECR~~OFSTA~ 

MEDICAID INTEGRITY WWGRAM 

Pursuant to 42 U.S.C. §1396a(a)(13)(1997) and 42 C.F.R. 5447.205, the Department of 

Health and Human Resources (Department). Bureau for Medl~al Services (Bureau) 

provldes notice of the filing af a state plan to provide for the Medicaid Integrity Program. 

Effecllve September 15, 2000, the Bureau will establish the Medlcatd lntegrily Program. 

In conjunclion with the Centers for Medicare and Medlcaid Services (CMS), the Bureau 

will cooperate with CMS and its conlractors who will audit provlder claims to identify 

overpayments and provide effective support and assistance to the slate to combat 

provider fraud and abuse. 

The purpose and rationale of this slate plan is to comply with sections 1936 and ?902(a) 

(69) of the Social Security Act and section 6034 of the Deficlt Reduclion Act of 2005 

(DM). 

This change is expected to initially be budget neutral but recovery of overpaymenls may 

result in funds returned to CMS and the state. 

Documents delatling those proposed actions will be available for public inspection in 

each county oftice of the Department of Health and Human Resources during normal 

buslness hours, 8:30 a.m. to 430 p.m.. beginning August 15, 2008 to September 15, 

2008 and on the web at: www.wvdhhr.org, then medical services. 

Wrltten comments may be sent to the West Virginla Department of Health and Human 

Resources, Bureau for Medical Services, 350 Capitol Street, Room 251, Charleston, 

WV 25301-3706. Any written comments received will be available for review at the 

above address during normal business hours, 830 a.m. to 430 p.m., beginning August 

15.2008 through September 15,2008. 

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

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

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 28,2008 May 30,2008 December I, 2008 

June 4,2008 

June 11,2008 

June 17,2008 

June 25,2008 

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, 2008 

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 

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 

June 6,2008 

June 13,2008 

June 19,2008 

June 27,2008 

Deadline Date 

July 1, 2008 

91 2008 

16, 2008 

23, 2008 

July 301 2008 

August 6, 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 

December 29,2008 

Publication Date 

July 3, 2008 

July 11, 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 

June 1 I, 2008 

June 18,2008 

June 24,2008 

July 2, 2008 

January 2,2009 

December 3,2008 

December 10,2008 

December 17,2008 

December 22,2008 

January 7,2009 

December 5,2008 

December 12,2008 

December 19,2008 

December 24,2008 

December 10, 2008 

December 17, 2008 

December 24,2008 

December 29,2008 
EST 

Published by the Office of the Secretary of State 

CONTENTS 

Volume XXV 

Issue 38 

I. Chronological Index 

II. Open Government Meetings Listing 

September 19,2008 ill. Price List 

Pages 1683 - 17 18 

A Weekly Publication 

IV. Rule Monitor 

V. Notices 

a. Legislative Rules 

b. interpretive Rules 

c. Procedural Rules 

Administrative Law Division d. Emergency Rules 

Judy Cooper, Manager 

Betty Ireland 

Secretary of State 

Administrative Law Division 

Bldg. 1, Suite 157K 

1900 Kanawha Blvd. E. 

Charleston, W 25305-0770 

e. Legislative Rule-Making Review Commieee 

VI. Legislative Interims 

VII. Orders 

VIll. Ethics Commission Opinions 

IX. Ofice of Tax Appeal Decisions 

X. Other Documents or Information Filed 

XI. Publication Deadlines and Publication Dates 
AGENCY 

Administration 

Affordable Housing Trust, W 

Air Quality 

Barbers and Cosmetologists, Board of 

Blue Ridge Community and Technical College 

Cabell-Huntington Board of Health 

City Hospital, Inc. 

Criminal Justice Services 

DEP 

Education 

Energy, W Division of 

Environmental Protection 

Fairmont State University 

Family Protection Services Board 

Forestry, Division of 

Health and Human Resources 

Health Care Authority 

Higher Education Policy Commission 

Highland Hospital Association 

Highland Hospital Bd. Of Trustees 

Hospital Finance Authority 

Housing Development Fund, W 

information Technology Council 

infrastructure & Jobs Development Council 

Insurance Commission 

Licensed Dietitians, W Board of 

LoMery 

Marshall Community & Technical College 

Medical Imaging & Radiation Therapy Technology Bd. Of Examiners 

Medicine 

Miners Health Safety Training 

Occupational Therapy, W Board of 

Osteopathic Medicine, W School of, Bd. Of Governors 

Personnel 

Pierpont Community & Technical College 

Professional Surveyors, Board of 

Public Defender Corp. for the 13" Judicial Circuit 

Public Defender Gorp., I lth Circuit 

Public Service Commission 

Public Works, WV Board of 

Real Estate Commission 

Region VIi Workforce Investment Board 

Rehabilitation Services, W Division of 

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

School Building Authority of West Virginia 

Social Work Examiners, Board of 

Southern West Virginia Community & Technical College 

Statewide Independent Living Council 

Veterans Affairs 

West Virginia Norlhem Community College 

Purchase of Commodities and 

Services from the Handicapped, 

I Barbers and Cosmetologists, Board 1 911512008 

I Cabell-I-Iuntington Board of Health 

/ City Hospital, Inc. 911 512008 

1 

/ Law Enforcement Training (LET) I 

REAP Recycling PI-ogram 

Public Energy Authority 

W Rehabilitation Center 

Small Conference Room 

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

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

and other urgent business. 

First Floor Board Room 

West Virginia Housing Development Fund 

814 Virginia Street, East 

Charleston. W 2530 1 

September 22,2008 9:00 AM 

17 16 Pennsylvania Ave., Suite 7 

Charleston, WV 25302 

October 1,2008 12:00 PM 

Blue Ridge CTC 'rechnology Center 

Berkeley Business Park 

5550 Winchester Avenue 

Cabell-Huntington Health Department 

703 - Seventh Avenue 

enforcement officers within West Vlrginia 

Martinsburg, WV 2540 1 

September 25,2008 10:00 AM 

Professional Development Center 

West Virginia State Police Academy 

Dunbar, WV 

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

WVDEP Headquarters 

601 57th Street SE 

Govemors Press Conference Room 

1900 Kanawha Blvd. East, 

Bldg. 1 

Charleston. WV 25305 

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

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

Septernber 25,2008 1:00 PM 

Governor's Press Conference Room 

Energy, WV Division of 

Urban CornmuniQ firesty 

Cour7cil 

I-ligher Education Policy 611 7/2008 

Colnmission 

9/11/2008 

WVNET Computer Achtisory Board 

Ilighla~~d Hospital Association 12/26/2007 

Regularly scheduled Public Energy Authorily Board Meeting to discuss 

energy related issues affecting the State of West Virginia 

Trustees 

Finance Committee I 

Housing Development Fund, WV 9/9/2008 

Information Technology Council 7/3/2008 

Regular Business September 29, 2008 2:30 PM 

WV Higher Education Technology 

Conference - Lakeview Golf Resort & Spa 

I Morgantown, WV - 

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

) I-iighland Hospital 

I Second Floor Conference Room 

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

Second Floor Conference Koom 

Highland Hospital 

300-56th Street I Charleston, WV 25304 

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

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

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

one Davis SquareW Office of Technology 

Conference Room 1 

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

Irlhastructure & Jobs Development 

Council 

Inii-astructure & Jobs Development 

Council 

Funding Comtnittee 

Licensed Dietitians, WV Board of 

Lottery 

Finance/Audzt & 

Games/Rules/Securi~ & Marketing 

Committees 

Lottery 

Bziilding Committee 

Lottery 

Commission meeting 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Funding Committee.; PROPOSED AGENDA 

Water or Wastewater Preliminary Applications to be Discussed; Water: 

Eikins Road PSD 2008W-1058; 

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

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

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

Wo&hington, Town of 20075-98 1 ; 

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

Provisional and Lapsed Stabs dietitians; discussion of orientation vs. 

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

verification and other business as reauested under new business. 

Monthly committee meeting 

Monthly committee meeting 

Monthly business meeting 

Northgate Business Park, 180 Association 

Drive Charleston, West Virginia. 

September 26,2008 9:30 AM 

Water Development Authoricy 

180 Association Drive, Northgate Business 

Park, Charleston, WV 

September 24,2008 5:00 PM 

723 Kanawha Blvd., East 

Room 105 Union Building 

Charleston, W 2530 1 

September 30,2008 10:OO AM 

Lottery Headquarters 

3 12 MacCorkle Avenue 

Charleston, WV 

September 30,2008 9:00 AM 

Loaery Headquarters 

3 12 MacCorkle Avenue 

Charleston, WV 

September 30,2008 1 1 :00 AM 

Lottery Headquarters 

3 12 MacCorkle Avenue 

Charleston. W 

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

College 

institutional Board of 

Governors/Academic rfL Student 

Selvices Sub-committee 

Marshall Communily & Technical 

College 

Inslitutional Board of 

ew existing Academic Policies 

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

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

Community & Technical College, Rooin 128. 

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

MUIBOG and to determine Finance agenda items for the next IBOG 

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

Community & Technical College, Room 128. 

September 26,2008 2:00 PM 

Marshall Community & Technical College i 

Presidents Conference Room - CTC 128 

18th Street and Third Avenue 

I-luntinglon, WV 25755-2700 

Governors/Finance & Facilities 

Miners Health Safety Training 

September 26,2008 9:00 AM 

Marshall Community & Technical College 

President's Conference Room - CTC 1 10 

One John Marshall Drive 

Nuntingron, WV 25755-2700 

September 30,2008 10:00 AM 

WV Office of Miners Health Safety Training 

811 312008 

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

Monthly board meeting 

Osteopathic Medicine, WV School 

of, Board of Governors 

CerttJicution 

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

I Charleston, WV 253 1 1 

Morgantown WV 

September 26,2008 12:00 PM 

Roland P. Sharp Alumni Center 

Board Room 

400 North Lee Street 

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

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

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

I other administrative matters 

Per.sonne1 Board 

Building 6, Room 425 

State Capitol Complex 

" 

Main Campus, Fairmont 

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

college 

Board of Governors Executive 

Board of ~overnors Executive Committee to discuss separation of assets 

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

athletic fees. 

Room 2 19 Hardway Hall 

Main Campus 

Faimont 

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

Circuit 

PUBLIC SERVICE 

COMMISSION 

TOWER ACCESS ASSISTAKE 

FUNI) RE VIEW COMMITTEE 

CTAA FRC) 

West Virginia 

Commercial Motor Vehicle Weight 

I 

Rehabilitation Services, \;W I 8128~008 

Division of I 

Marlinton Motor Inn 

Marlinton. West Virginia 

AT: matters dealt 

20 1 BROOKS STREET 

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

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

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

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

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

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

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

agenda items may change during the meeting. 

Regular Quaderly Meeting 

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

CHARLESTON, WV 

September 30,2008 10:00 AM 

Tamarack 

Conference Center 

Boardroom 

One Tamarack Park 

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

consider the approval of transfers of property; To consider insmctional 

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

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

Virginia 

I 

i 

Social Work Examiners, Board of 

West Virginia 

Community and Tectuiical College 

Board of Governors Agendu 

Committee 

Council 

Vetera~ls Affairs 

tfeterans Council hfeering 

I 1 West Virginia Nmher. 

Community College 

I 

911 712008 AGENDA -September Quarterly Meeting 

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

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

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

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

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

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

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

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

BUSINESS, VIlI FUTURE MEETING, IV ADJOURNMENT 

Conduct official public meeting and executive session business. 

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

West Virginia Community and Technical College Board of Governors. 

Regular Council meeting 

Quarterly meeting 

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

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

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

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

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

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

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

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

September 26,2008 9:00 AM 

School Building Authorily Office 

2300 Kanawha Blvd. E 

September 25,2008 1 :30 PM 

Sleep Inn Conference Room 

I79 Norlh Charleston, Mink Stloals Exit. 

Pennsylvania Avenue on right. 

Septe~nber 30, 2008 9:00 AM 

Southern WV Community and Tecl~nieal 

College, Center for Allied Health and 

Technology 

Room 428,2900 Dempsey Branch Road 

Mount Gay, WV 

October 1,2008 9:00 AM 

Large Conference Room 

F. Ray Power Building 

Division of Rehabilitation Services 

Institute 

September 26,2008 1:00 PM 

A~nerican Legion Post 15 

2505 Ohio Avenue 

Parkersburg, WV 

September 25,2008 5:00 PM 

B&O Board Room 126A 

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

OFFICE OF THE SECRETARY OF STATE 

STATE OF WEST VIRGINIA 

Betty Ireland 

Secretary of Stare 

GUIDE FOR USING THE RULE MONITOR IN THE STATE REGISTER 

Column 

Column 

Column 

Column 

Column 

Column 

Column 

Column 

Column 

Column 

1. Agency Name, (Title and Series Number) 

2. Rule Title, Price and Type 

3. Date Notice of Public Hearing or Comment Period Filed 

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

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

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

6. Date Agency Approved Legislative Rules Filed. 

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

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

With the Educational Over-Sight Committee 

8. Legislative Action 

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

Step for Procedural & Interpretive Rules 

10. Date Rule is EHective 

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

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

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

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

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

additional public hearing) 

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

column 

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

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

TITLE NUMBER NAME OF AGENCY 

TlTLE 4 

TITLE 5 

TITLE 10 

TITLE 14 

TITLE 18 

TITLE 19 

TlTLE 22 

TITLE 23 

TITLE 26 

TlTLE 28 

TlTLE 29 

TITLE 32 

TITLE 33 

TITLE 36 

TlTLE 38 

TlTLE 42 

TITLE 45 

TITLE 46 

TITLE 47 

TlTLE 58 

TITLE 61 

TITLE 64 

TlTLE 65 

TlTLE 69 

TITLE 81 

TITLE 82 

TITLE 85 

TITLE 86 

TiTLE 90 

TITLE 91 

TlTLE 96 

TlTLE 102 

TITLE 103 

TITLE 110 

TITLE 112 

TITLE 114 

TITLE 115 

TITLE 117 

TITLE 126 

TITLE 133 

TITLE 135 

TITLE 143 

TITLE 144 

TITLE 147 

TlTLE 148 

TlTLE 149 

TITLE 150 

TITLE 153 

TITLE 156 

TlTLE 157 

TITLE 158 

TITLE 161 

TITLE 162 

TlTLE 164 

TITLE 175 

TlTLE 178 

TITLE 179 

TITLE 188 

TITLE 191 

TlTLE 199 

TITLE 204 

CHIROPRACTIC EXAMINERS 

DENTAL EXAMINERS 

LICENSED PRACTICAL NURSES 

W BOARD OF OPTOMETRY 

RADIOLOGIC TECHNOLOGY BD OF EXAMINERS 

REGISTERED PROFESSIONAL NURSES 

FORESTRY 

LAND SURVEYORS 

VETERINARY MEDICINE 

CONTRACTORS LICENSING BOARD 

SPEECH PATHOLOGY & AUDIOLOGY 

ACUPUNCTURE 

OFFICE OF WASTE MANAGEMENT (FORMERLY PART OF TITLE 47) 

COAL MINE HEALTH & SAFETY 

MINING & RECLAMATION 

LABOR 

OFFICE OF AIR QUALITY 

ENVIRONMENTAL QUALITY BOARD 

OFFICE OF WATER RESOURCES 

NATURAL RESOURCES 

AGRICULTURE 

HEALTH 

HEALTH CARE AUTHORIn 

HEALTH & HUMAN RESOURCES 

STATE POLICE 

CULTURE & HISTORY 

WORKERSCOMPENSATION 

VETERANS AFFAIRS 

CORRECTIONS 

MOTOR VEHICLES 

EMPLOYMENT PROGRAMS 

WORKERS COMPENSATION BOARD OF REVIEW 

STATE FIRE MARSHAL'S OFFICE 

TAX & REVENUE 

TREASURER 

INSURANCE 

RISK & INSURANCE MANAGEMENT 

ECONOMIC DEVELOPMENT AUTHORITY 

EDUCATION 

HIGHER EDUCATION POLICY COMMISSION 

COMMUNIV & TECHNICAL COLLEGE EDUCATION 

PERSONNEL 

DIRECT ADVERTISING GRANTS 

EMPLOYEE SUGGESTION AWARD BOARD 

ADMINISTRATION 

CRIME DELINQUENCY & CORRECTION, GOVERNOR'S COMMITTEE 

PUBLIC SERVICE COMMISSION 

SECRETARY OF STATE 

EDUCATION AND STATE EMPLOYEES GRIEVANCE BOARD 

DIVISION OF HIGWAYS 

ETHICS COMMISSION 

INFORMATION SERVICES AND COMMUNICATIONS DIVISION 

CONSOLIDATED PUBLIC RETIREMENT BOARD 

SCHOOL BUILDING AUTHORITV 

ALCOHOL BEVERAGE CONTROL COMMISSION 

RAGING COMMISSION 

LOTTERY 

CAPITOL BUILDING COMMISSION 

FAMILY PROTECTION SERVICES BOARD 

EXPLOSIVES AND BLASTING 

HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY 
-- 

RULE MONITOR 

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

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

(1-1) Professional Conduct 

$16.00 

- Legislative 

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

(148-11 $6.00 

Legislative -- 

Administration Parking 

(1 48-6) $4.80 

Leaislative 

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

(148-21) Sick Leave to Employees 

$3 60 

Procedural 

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

(61-1) $8.40 

Leaislative 

Agriculture 

(61-1C) 

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

$5.40 

Leaislative 

7/30/2008 Modified & 

Approved 

8/26/2008 

Agriculture Commercial Feed 

(6 1-5) $1 0.20 

Legislative 

7/30/2008 Modified & 

Approved 

8/26/2008 

Agriculture 

(61-88) 

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

Services: Fruit 

$4.20 

7/30/2008 Approved 

8/26/2008 

-- Legislative 

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

(45- 1 ) Nitrogen Oxides from Non-Electric 

Generating Units as a Means to 

Mitigate Transport of Ozone 

Precursors 

$14.60 

Leaislative 

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

(45-8) $8.40 

Leaislative 
RULE MONITOR --1. 

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

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

(45-13) Modification, Reloation and 

Operation of Stationary Sources of 

Air Pollutants, Notification 

Requirements, Administrative 

Updates, Temporary Permits, 

General Permits, and Procedures 

for Evaluation 

$13.80 

Legislative 

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

(45-14) Modification of Major Stationary 

Sources of Air Pollution for the 

Prevention of Significant 

Deterioration 

$15.80 

Legislative 

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

(45-1 6) Stationary Sources 

$25.10 

Leaislative 

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

(45-25) Hazardous Waste Treatment. 

Storage and Disposal Facilities 

$12.30 

Legislative 

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

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

Reduction of Nitrogen Oxides from 

Electric Generating Units 

$1 3.20 

Legislative 

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

(45-34) Air Pollutants 

$24.20 

Legislative 

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

(45-37) Program to Redu~e Mercury 

Emissions 

$12.80 

Leaislative -- 

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

(2-1 $5.80 

Legislative 

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

(2-3) $3.80 

Legislative 
RULE MONITOR 

-- 

AGENCYISERIES NO RULE NOTICE HEARING EMER RULE SECISTATE 

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

Safety Maintenance of Equipment 

(36-1 8) $3.00 

Comm. & Tech. 

College Education Employing and Evaluating Effective 6/24/2008 

(1 35-5) Presidents 611 612008 

$4.20 

College Education Higher Education 

(1 35-49) $4.60 

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

Retirement Board $3.20 Approved 

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

Filed 

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

Retirement Board $4.00 Approved 

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

Filed 

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

Retirement Board System 812612008 

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

Retirement Board the W Investment Management 

(I 62-6) Board 

$4.20 

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

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

$4.80 

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

(1 62-8) $4.60 

Retirement Board $5.20 8/26/2008 -d 

U1 
L'OZGZ) (9 

l) (d~tr-91 sp~epuebs JOJ slooqz~ 

UO!le3flp3 aleu~aiiv 3!wape3v tuawa~a!q3v 11s QOOZ/Q 119 ~00~19 ~OOZZILIIL BOOZ~~LIQ 

(PI-9x1) ssaJ6o~d (OPEZ) 

uo!le3npz NV\ sa~nseam 40 3!wape3~ 116 800Z1Z 1 110 8OOZIP 

t-sai) (I SP!JJS!~ pano~ddv 

luahdola~aa plagu~o~g s!wouo33 luawdolanaa $00~1~/~ EIL 1 80011 118 800Z1S 118 8001/Fi 

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09'S$ 

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(9-5) suo!)e~od~o3 

letuaa s~au!wex3 uo!lewjoj pue ~e~o~ddv 40 ieluaa 800~18~1~ 800~1~268 800218Z18 

118 800Z/& 

an!&els!Ba7 pano~ddv 

09'9$ LlL 800ZIEi 

(1%) s~au!wex3 luawpuawv 

1e)uaa s~au!wex3 salntt aql ~\n PJ~OQ 40 lelua0 800~1~9 800Z16lL BOOZIP19 LIL 800ZlS 

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JOJ s~ala~dlajul pue sJoleJai!lsuejl 1) (E-16 

6u!iea~ suo!)e3y!leno pue [e3!q$3 sp~epue)~ 

800ZISZIL 8001lSZ18 8OOZILZ18 

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pue UO!paJJO3 SPJ~PU~IS 

aw!~3 Il2uanbu!laa ~et luaura3~o~u3 6u!u!w~ 119 800118 800211ZIL 8OOZ1118 

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Pal!S 

L-Z91) (0 an!$e[s!Bal 900Z19218 

luawaJ!jaa p~eog 00'P$ pano~ddv 

palep![osuo3 o!~qnd Illndaa g!jaqs $uawaJ!letl uralshs 119 800~18 LIL 800~18 118 8OOZ1E pa!l!pom '8 
RULE MONITOR 

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

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

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

Schools (2520.35) 

$18.60 

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

(1 26-4411) Content Standards and Objectives 

for W Schools (2520.1 9) 

$12.00 

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

(1 26-84) (41 50) 

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

(1 26-92) Policy and Procedures Manual 

(4336) 

$17.70 

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

(1 26-1 36) Licensure of 

Profess~onallParaprofessional 

Personnel and Advanced Salary 

Classifications (5202) 

$21.10 

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

(1 26-1 72) Facilities (6200) 

$34.30 

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

(1 26-202) Eduational Agencies (8200) 

$1 5.00 

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

Protection, Secretary's Redevelopment Rule Approved 

Office $19.60 612612008 

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

(1 58-3) Personal Property 

$4.20 

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

(1 58-8) $4.20 
AGENCYlSERlES NO RULE 

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

(1 58-9) 

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

(I 58-1 I) $4.80 

(1 58-1 2) $4.00 Approved 

Legislative 8/26/2008 

Filed 

91512008 

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

(158-14) $4.80 

(87-7) Continuing Education of Municipal, 

County, and Other Public Sector 

Building Code Oflicials, Building 

Code inspectors and Plans 

Examiners 

$4.60 

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

Regional Becreation $6.60 

Auth, Legislative 

(204-1 ) 

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

(64-2) Care Centers 

I 

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

(64-3) $5.80 

(64-1 3) $22.50 

(64-76) Treatment and Commitment 

$5.20 

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

(64-96) $3.40 

Procedural 
RULE MONITOR 

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

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

Policy Commission Employing and Evaluating 

(1 33-5) Presidents or Other Administrative 

Heads 

$4.80 

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

Policy Commission $4.40 

(1 33-1 0) Procedural 

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

Policy Commission $4.40 

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

Policy Commission Program 

(133-42) $5.80 

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

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

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

8/28/2008 

Effective 

8/28/2008 

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

Policy Commission Higher Education 

(1 33-49) $5.00 

Highways Regulations Pertaining to Particular 711 112008 811 512008 

(1 57-1) Functions of the Commissioner of 

Highways 

$3.60 

Procedural 

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

(1 57-6) and Adjacent Areas 

$10.20 

Highways Transportation of Hazardous 711 112008 811 112008 

(1 57-7) Wastes Upon the Roads and 

Highways 

$4.40 

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

(78-1) $18.70 

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

(1 14-28) $10.20 

(B 

(B 
RULE MONITOR 

AGENCYISERIES NO RULE 

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

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

(1 14-41) Rule 

$12.50 

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

(1 14-42) Insurance Produ~ers 

$6.80 

Leoislative 

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

(1 14-80) $13.10 Approved 

Legislative 5/29/2008 

Amendment 

611 312008 

Approved 

6/26/2008 

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

(1 14-83) Organizations and Discount Approyed 

Prescription Drug Plan 6/6/2008 

Organizations Amendment 

$5.00 611 312008 

Legislative Approved 

6/26/2008 

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

(1 14-84) $4.40 

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

(1 14-85) Organizations Approved 

$10.60 7/8/2008 

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

(1 14-86) Standards for Detenining Reserve 

Liabilities and Nonforfeiture Values 

$4.20 

Legislative 

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

(42-1 0) $7.80 

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

142-1 11 $4.80 
RULE MONITOR 

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

Labor 

(42-1 6) 

Standards for Weights and 711 712008 811 812008 

Measures inspectors Adoption of 

NBS Handbook 130, 1987 Edition 

$3.60 

Labor 

(42-1 7) 

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

Safety Act 

$5.80 

Labor 

(42-1 9) 

VVV Manufactured Housing 71'1 712008 811 812008 

Construction and Safety Standards 

Board 

$14.80 

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

(42-21 ) $5.60 

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

(42-21A) and Apprentices 

$5.80 

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

(42-26) Fees 

$3.80 

Labor 

(42-27) 

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

Case Hearings Dealing with Civil 

Penalties Under the Weights and 

Measures Act 

$2.80 

Procedural 

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

(1 79-7) $3.40 

Interpretive 

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

(11-18) Complaint Procedures, Continuing 

Education, Physician Assistants 

$8.80 

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

(1 1-2) Restricted Licensure Issued to an 

Applicant in Extraordinary 

Circumstances 

$5.40 
.- 

RULE MONITOR -.A 

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

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

(11-10) $22.30 

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

(38-2) Rule 

$31.60 

Legislative 

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

(91-5) Restriction or Nonrenewal of Driving 

Privileges 

$13.10 

Legislative 

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

(91-9) Vehicle 

$4.80 

Legislative -- -- 

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

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

Legislative 

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

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

Legislative 

Natural Resources Migratory Bird Hunting Rule 

(58-55) $3.60 

Legislative Exempt --- - 

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

(58-57) $4 20 

Leg~slative Exempt 

Natural Resources Special Waterfowl Hunting Areas 

(58-59) $3.40 

Legislative Exempt 

Natural Resources Lifetime Hunting, Trapping and 611 112008 711 112008 

(58-67) Fishing Licenses 

$4.00 

Leaislative 

712912008 Approved 

8/26/2008 

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

(58-71) License and Stamp Fees 

$2.60 

Legislative 

7/29/2008 Modified & 

Approved 

8/26/2008 

Filed 

9/8/2008 
RULE MONITOR 

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

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

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

Training, Education and 8/26/2008 

Professional Development Filed 

$3.00 9/5/2008 

Le~islative - 

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

(1 5-1) Issuance of Prescrtpt~on 

$6 20 

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

(15-12) lmmun~zat~ons 

$17 00 

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

(1 5-1 3) Pharmacies 

$234.20 

Physical Therapy General Provisions 

(16-1) $5.00 

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

(134-1) Maximizing In-State Student Withdrawn 

Excellence (PROMISE) Scholarship 3/26/2008 

Program 

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

Training & Procedures Maintenance and Publishing of 

Comm. Surface Tax Maps 

(3 89-3) $6.00 

Procedural 

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

Commission Utilities 

(1 50-5) $12.40 

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

Commission Utilities 

(1 50-7) $14.40 

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

Commission Emergency Telephone Service 

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

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

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

Commas~on Telephone Sewlw 

(1 50-31) $8 60 

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

Commod~iies & Market Price Beterminai~on 

Services from the $7 00 

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

Commod~ties & Contract 

Services from the $6 40 

Handlca~wed Leaislatlve . , - 

(1 86-3) 

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

Commodities & Participation 

Services from the $4.60 

Handicapped Legislative 

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

Correctional Facility Determination of Projected Cost per 

Auth. Day for Inmates Incarcerated in 

(94-7) Regional Jails and Operated by the 

Auth. 

$5.80 

111 812008 Modified & 

Approved 

7/30/2008 

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

Nurses the Evaluation and Accreditation of 

(19-1) Colleges, Departments or Schools 

or Nursing 

$5.80 

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

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

(1 9-8) $26.20 

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

Nurses Board and Supplemental Fee for the 

(1 9-1 2) Center for Nursing 

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

(1 30-3) $5.20 

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

(30-9) $4.20 Approved 

Legislative 6/26/2008 
RULE MONITOR 

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

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

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

(164-1) Plan 7/23/2007 

$5 80 Amendment 

Leg~slatwe 9/27/2007 

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

Authority of W Projects Effective 12/1 0/2007 

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

Leg~slat~ve Amendment 

9/27/2007 

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

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

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

Leg~slat~ve Amendment 

9/27/2007 

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

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

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

Legislative Amendment 

9/27/2007 

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

Authority of W and Agreements Effed~ve 1211 012007 

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

Legislative Amendment 

9/27/2007 

Amendment 

12/10/2007 

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

Author~ty of W Procedures 1211 0/2007 

(1 64-6) $9 60 

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

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

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

Legtslat~ve Amendment 

711 1/2007 

Effect~ve 

711 112007 

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

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

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

Leg~slat~ve Filed 

8/7/2008 

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

Examiners $6 40 
RULE MONITOR 

AGENGYlSERlES NO RULE 

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

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

Accounts Receivable and Stock in 

Banks and Capital of Savings and 

Loan Associations for Ad Valorem 

Property Tax Purposes 

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

(1 10-1 OK) Investigation by the Tax 

Commissioner 

$3 80 

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

(1 10-1 3X) Investment Act 

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

(1 10-39) Special District Excise Tax 

$3.80 

(1 10-40) Income Tax Refunds from 

Taxpayers Who Owe Municipal 

Costs, Fines, Forfeitures or 

Penalties 

$4.60 

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

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

Dept. of Health & Human 

Resources Office of the Inspector 

General Medicaid Fraud Control 

Unit 

$3.80 

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

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

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

(1 12-7) Receipt Accounts 

$8.20 

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

(26-6) $3 80 
RULE MONITOR 

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

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

(33-20) System 

$16 20 

(33-22) Penalttes 

$9 80 

(33-24) $7 60 

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

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

(47-30) Fac~l~tres 

$15 90 

Leg~slat~ve 

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

(47-31) Revolv~ng Fund 

$20 80 

(47-32) Cert~fication and Standards of 

Perfonance 

$13 60 

Water Resourc 8/28/2008 

(47-34) $15 70 

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

(47-56) Penalties 

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

Insurance Comm Adminrstration 

(85-1) 

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

insurance Comm Index 

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

Insurance Comm Reduction Fund Assessments and 

(85-6) Regulatorgr Surcharges 4 

$9 00 4 
RULE MONITOR 

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

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

Insurance Cornrn. Coverage issues and Related 

(85-8) Topics 

$9.60 

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

Insurance Cornrn. Collections and Related Maners 

(85-1 I) $7.80 

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

Insurance Cornrn and Third Pady Administrators 

(85- 18) $14.50 

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

Insurance Cornrn $4.80 

Workers Cornp by the Professional Employer 811 212008 911 112008 

Insurance Cornm. Organizations 

(85-31) $4.00 
WEST VIRGINIA 

SECRETmU OF STATE 

BE'FTY IRELAVD 

LEGISLATIVE 

I 

AP>MINESTRnTIVE LAW DEVXSION Form #2 

NOTICE OF A COMENT PEMOD ON A PROPOSED RULE 

0, I , ,GIN\A 

~~J-AILRY OF STATE 

AGENCY: West Virginia Board of Education TITLE NUMBER: 126 

RULE TYPE: Leeislative CITE AUTHORITY: 

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

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

AMENDIWENT TO AN EXISTING RULE. YES NO - 

If. YES, SEImS NUMBER OF RULE BEING AMENDED 14 

TKLE OF RULE BEING MENDED West Vrrrrrrna Measures oFAcadem~c 

Progress f234@ 

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

TITLE OF RULE BEING PROPOSED: 

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

ANY IIC'TERESTED PERSON MAY SEND COMMENTS CONCERNMGTHESEPROPOSEDRULES THIS 

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

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

Jodi IIoff 171E ISSUES TO BE HEARD WILL BE 

LIMITED TO TlIIS PROPOSED RULE. 

Office of Assessment andAccountabilitv 

West Virginia Department of Education 

Caottol Building 6. Room 722 

1900 Kanawha Boulevard. East 

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

AlTACIi A SUMMARY id F YOUR PROPOSAL 

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

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

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

FO~ lis SCCRO!fl'i OF STATE 

NOTICE OF AGENCY ADOPTION OF A PROCEDUEZAL OR DNTERPlETlVE RULE 

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

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

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

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

11431 et scq) 

RULE TYPE PROCEDURAL mEWIXrIVE 

EXEMPT LEGISLATNE RULE X 

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

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

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

AMENDMENT TO AN EXISTING RULE: YES __X__ NO - 

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

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

Policv and Procedures Manual (4336) 

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

TITLE OF RULE BEING PROPOSED: 

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

EFFECTNE DATE OF THIS RULE IS October 14, 2008 

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

NOTICE OF FILING CHANGES TO PUBLIC ASSISTANCE 

MANUAL WITH THE SECRETARY OF STATE 

AGEN~y: West Virginia Department of 

Health and Human Resources . BUREAU: Children & Families 

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

! STATE 

RULE: 

CHANGE NUMBER: 

NOTICE OF FILING CHANGES TO PUBLIC ASSISTANCE 

MANUAL WITH THE SECRETARY OF STATE 

West Virginia DepaFtment of 

Health and Human Resources 

I 

i BUREAU: Children & Families 

TITLE OF MANUAL TO 

WHICH POLICY IS BEING FILED: Income Maintenance Manual / 

STATE / RULE: j FEDERAL 7 6FR / EFFECTIVE 

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

/ CHANGE NUMBER: i 521 

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

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

REASON FOR 

THIS IS PART OF AN EXISTING LEGISLATIVE RULE 

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

CONTACT 

Ollice IJI the Secralary 

Wesl Vltglrila Dspartment of 

Health and Human Resources 

State Cap~fol Complex 

Buildlng 3 Room 208 

Ctbarleslon, West Virginia 25305 

304 558 7899 Tslaphone 

THIS IS PART OF AN EXlSTlNG LEGISLATlVE RULE 

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

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

CONTACT: 

Office of the Secretary 

West Virginia Dspanmerll ol 

Health and Human Resources 

Stale Cap~tol Complex 

BuiMing 3. Roan 206 

Charleston, West Virginia 25305 

304.558.7899 Talephone 

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Orders Report 

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

Health Care Authority 

Health Care Authority 

Braley & Thompson, Inc. 

Gateway Health Services Gorp. 

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

08-AP-071 

NIA 

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C-0&022 

Insurance Commission 

Medicine 

Medicine 

Medicine 

Medicine 

Medicine 

Medicine 

Medicine 

Medicine 

Real Estate Commission 

Mildled Shockey 

Jeffrey Alan Patey. M.D. 

Eugen Oh, M.D. 

Francis Louis Staro, M.D. 

Garth David Rosenberg, M.D. 

David William Schroeder, M.D. 

Ben David Muldong, M.D. 

Nalini R. Kakulavaram, M.D. 

Richard Martin Vaglienti, M.D. 

Clarence Haymaker 
Notice of Cancellation of Public Hearing 

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

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

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

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

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

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

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

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

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

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

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

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

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

OTHER 

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

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

the west Virginia Deparlrnent of Environmental Protection, Monarch Room 

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

Virginia, beginning at 10:00 AM. 

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

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

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

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

Show Cause No. 1300 
NOTICE OF PUBLIC HEARING 

'''0 SEP I 7 PH 3: 57 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

walk-way to the main hospital facility; 

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

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

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

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

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

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

accordance with Camden-Clark's capital budgets; and 

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

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

Series A Bonds issued conten~poraneously therewith. 

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

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

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

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

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

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

and improvements; and 

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

in connection therewith. 

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

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

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

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

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

used to finance capital equipment for Camden-Clark.. 

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

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

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

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

main hospital facility, 

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

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

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

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

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

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

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

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

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

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

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

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

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

Bonds. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE STATE REGISTER PUBLISHED ON THE DATE LISTED. 

ctober 8 2008 ctober 10 2008