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WV Code § 29A-3A-16a (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-16a. Disapproval of Emergency Rules by the Secretary of State; Judicial Review

(a) Upon the filing of an emergency rule by the board, under the provisions of section sixteen of this article, the Secretary of State shall review such rule and, within forty-two days of such filing, shall issue a decision as to whether or not such emergency rule should be disapproved.(b) The Secretary of State shall disapprove an emergency rule if he determines:(1) That the emergency rule or an amendment to the emergency rule exceeds the scope of the law authorizing or directing the promulgation thereof; or (2) That an emergency does not exist justifying the promulgation of the emergency rule or the filing of an amendment to the emergency rule; or(3) That the emergency rule or an amendment to the emergency rule was not promulgated in compliance with the provisions of section sixteen of this article.(c) If the Secretary of State determines, based upon the contents of the rule or the supporting information filed by the board, that the emergency rule should be disapproved, he may disapprove such rule without further investigation, notice or hearing. If, however, the Secretary of State concludes that the information submitted by the board is insufficient to allow a proper determination to be made as to whether the emergency rule should be disapproved, he may make further investigation, including, but not limited to, requiring the board or other interested parties to submit additional information or comment or fixing a date, time and place for the taking of evidence on the issues involved in making a determination under the provisions of this section.(d) The determination of the Secretary of State shall be reviewable by the Supreme Court of Appeals under its original jurisdiction, based upon a petition for a writ of mandamus, prohibition of certiorari, as appropriate. Such proceeding may be instituted by:(1) The board;(2) A member of the Legislature; or(3) Any person whose personal property interests will be significantly affected by the approval or disapproval of the emergency rule by the Secretary of State.
WV Code § 29A-3A-17 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-17. Legislative Review of Procedural Rules, Interpretive Rules and Existing Legislative Rules

The Legislative Oversight commission on education accountability may review any procedural rules, interpretive rules or existing legislative rules and may make recommendations concerning such rules to the Legislature, or to the board, or to both the Legislature and the board.
WV Code § 29A-3A-18 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-18. Prior Rules

Any rule lawfully promulgated prior to the effective date of this chapter shall remain in full force and effect until:(1) Such rule is expressly made ineffective by the provisions of this chapter; or(2) Such rule should expire by reason of failure to refile the same as provided in section five of article two, or expires pursuant to its own terms and provisions lawfully made before the effective date of this section; or(3) Such rule is repealed by the lawful act of the board, in conformity with this chapter; or(4) Such rule is invalidated by an act of the Legislature or the force and effect of another law.
WV Code § 29A-3A-19 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-19. Severability of Legislative Rules

Unless there is a provision in a legislative rule specifying that the provisions thereof shall not be severable, the provisions of every legislative rule, whether enacted before or subsequent to the effective date of this section, shall be severable so that if any provision of any rule section or amendment thereto is held to be unconstitutional or void, the remaining provisions of the rule shall remain valid, unless the court finds the valid provisions are so essentially and inseparably connected with, and so dependent upon, the unconstitutional or void provision that the court cannot presume the Legislature would have enacted the remaining valid provisions without the unconstitutional or void one, or unless the court finds the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent: Provided, That if any legislative rule has its own severability clause, then that severability clause shall govern and control with respect to that section, in lieu of the provisions of this section. The provisions of this section shall be fully applicable to all future amendments to legislative rules, with like effect as if the provisions of this section were set forth in extenso and every such amendment were reenacted as a part thereof, unless such amendment to the legislative rule contains its own severability clause.
WV Code § 29A-3A-20 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-20. Sunset Provision in Rules

(a) Any new legislative rule promulgated pursuant to this article after April 1, 2016, shall include a sunset provision terminating the rule after five years: Provided, That the rule may be renewed for additional terms of five years or less by the Legislature pursuant to the rule-making procedures and authority in this article: Provided, however, That if a different sunset or termination provision exists in the statute under which the proposed rule is promulgated, the enabling statute’s provision shall control: Provided further, That this subsection shall not apply to emergency rules promulgated pursuant to section sixteen of this article.(b) Any legislative rule existing as of April 1, 2016, that is thereafter modified pursuant to this article shall include a sunset provision as part of the modification setting forth a termination date for the rule: Provided, That the rule may be renewed for additional terms of years by the Legislature pursuant to the rule-making procedures and authority in this article: Provided, however, That if a different sunset or termination provision exists in the statute under which the proposed rule is promulgated, the enabling statute’s provision shall control: Provided further, That this subsection shall not apply to emergency rules promulgated pursuant to section sixteen of this article.(c) The existence of a sunset provision terminating a rule shall not preclude the repeal of such rule by the Legislature prior to the expiration of the sunset provision.(d) As part of its rule review under this article, the Legislative Oversight Commission on Education Accountability is authorized to establish a procedure for timely review of a rule prior to its expiration if the board has affirmatively sought renewal prior to expiration. The procedure may include a requirement that the board show cause as to why the expiring rule is required and necessary to be continued for another term of years.(e) The Secretary of State shall provide notice to the board at least eighteen months prior to every rule’s sunset date.
WV Code § 29A-3B-1 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3B. State Board of Education Rule Making|§29A-3B-1. Definitions

As used in this article:(a) "Commission" means the Legislative Oversight commission on education accountability created in section eleven, article three-a of this chapter.(b) "Board" means the West Virginia Board of Education.
WV Code § 29A-3B-2 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3B. State Board of Education Rule Making|§29A-3B-2. Rules to Be Promulgated in Accordance With This Article

In addition to other rule-making requirements imposed by law and except to the extent specifically exempted by the provisions of this chapter or other applicable law, every rule and regulation (including any amendment of or rule to repeal any other rule) shall be promulgated by the board in accordance with this article and shall be and remain effective only to the extent that it has been or is promulgated in accordance with this article.
WV Code § 29A-3B-3 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3B. State Board of Education Rule Making|§29A-3B-3. Rules of Procedure Required

In addition to other rule-making requirements imposed by law:(a) The board shall adopt procedural rules governing the formal and informal procedures prescribed or authorized by this chapter. Procedural rules shall include rules of practice before the board, together with forms and instructions.(b) To assist interested persons dealing with it, the board shall, so far as deemed practicable, supplement its rules or regulations with descriptive statements of its procedures.
WV Code § 29A-3B-4 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3B. State Board of Education Rule Making|§29A-3B-4. Filing of Proposed Rules

(a) When the board proposes a procedural, interpretive or legislative rule, the agency shall file in the state register a notice of its action, including the text of the rule as proposed.(b) All proposed rules filed under subsection (a) of this section shall have a fiscal note attached itemizing the cost of implementing the rules as they relate to this state and to persons affected by the rules and regulations. Such fiscal note shall include all information included in a fiscal note for either house of the Legislature and a statement of the economic impact of the rule on the state or its residents. The objectives of the rules shall be clearly and separately stated in the fiscal note by the agency issuing the proposed rules. No procedural or interpretive rule shall be void or voidable by virtue of noncompliance with this subsection.
WV Code § 29A-3B-5 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3B. State Board of Education Rule Making|§29A-3B-5. Notice of Proposed Rule Making

When the board proposes to promulgate a rule other than an emergency rule, it shall file in the state register a notice of its action, including a text of the rule proposed, a fiscal note as defined in subsection (b) of section four, and any request for the submission of evidence to be presented on any factual determinations or inquiries required by law to promulgate such rule. If the board is considering alternative draft proposals, it may include the text thereof.The notice shall fix a date, time and place for the taking of evidence for any findings and determinations which are a condition precedent to promulgation of the proposed rule and contain a general description of the issues to be decided. If no findings and determinations are required as a condition precedent to promulgation, the notice shall fix a date, time and place for receipt of public comment on such proposed rule.If findings and determinations are a condition precedent to the promulgation of such rule, then an opportunity for public comment on the merits of the rule shall be afforded after such findings and determinations are made. In such event, notice of the hearing, or of the period for receiving public comment on the proposed rule, shall be attached to and filed as a part of the findings and determinations of the board when filed in the state register.In any hearing for public comment on the merits of the rule, the board may limit presentations to written material. The time, date and place fixed in the notice shall constitute the last opportunity to submit any written material relevant to any hearing, all of which may be earlier submitted by filing with the board.The board may also, at its expense, cause to be published as a Class I legal publication in every county of the state, any notice required by this section.Any citizen or other interested party may appear and be heard at such hearings as are required by this section.
WV Code § 29A-3B-6 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3B. State Board of Education Rule Making|§29A-3B-6. Filing Findings and Determinations for Rules in State Register; Evidence Deemed Public Record

(a) Incident to fixing a date for public comment on a proposed rule, the board shall promulgate the findings and determinations required as a condition precedent thereto, and state fully and succinctly the reasons therefor and file such findings and determinations in the state register. If the board amends the proposed rule as a result of the evidence or comment presented pursuant to section five, such amendment shall be filed with a description of any changes and statement listed for the amendment.(b) The statement of reasons and a transcript of all evidence and public comment received pursuant to notice are public records and shall be carefully preserved by the board and be open for public inspection and copying for a period of not less than five years from the date of the hearing.
WV Code § 29A-3B-7 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3B. State Board of Education Rule Making|§29A-3B-7. Notice of Hearings

Notices of hearings required by section five of this article shall be filed in the state register not less than thirty nor more than sixty days before the date of such hearing or the last day specified therein for receiving written material. Any hearing may be continued from time to time and place to place by the board which shall have the effect of extending the last day for receipt of evidence or public comment. Notice of such continuance shall be promptly filed thereafter in the state register.
WV Code § 29A-3B-8 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3B. State Board of Education Rule Making|§29A-3B-8. Adoption of Rules

A rule shall be considered by the board for adoption not later than six months after the close of public comment and a notice of withdrawal or adoption shall be filed in the state register within that period. Failure to file such notice shall constitute withdrawal and the Secretary of State shall note such failure in the state register immediately upon the expiration of the six-month period.A rule may be amended by the board prior to final adoption without further hearing or public comment. No such amendment may change the main purpose of the rule. If the fiscal implications have changed since the rule was proposed, a new fiscal note shall be attached to the notice of filing. Upon adoption of the rule (including any such amendment), the board shall file the text of the adopted rule with its notice of adoption in the state register and the same shall be effective on the date specified in the rule or thirty days after such filing, whichever is later.
WV Code § 29A-3B-11 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3B. State Board of Education Rule Making|§29A-3B-11. Legislative Review of Procedural Rules, Interpretive Rules and Existing Legislative Rules

The Legislative Oversight commission on education accountability may review any procedural rules, interpretive rules or existing legislative rules and may make recommendations concerning such rules to the Legislature, or to the board, or to both the Legislature and the board.
WV Code § 29A-3B-12 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3B. State Board of Education Rule Making|§29A-3B-12. Prior Rules

Any rule lawfully promulgated prior to the effective date of this chapter shall remain in full force and effect until:(1) Such rule is expressly made ineffective by the provisions of this chapter; or(2) Such rule should expire by reason of failure to refile the same as provided in section five of article two, or expires pursuant to its own terms and provisions lawfully made before the effective date of this section; or(3) Such rule is repealed by the lawful act of the board, in conformity with this chapter; or(4) Such rule is invalidated by an act of the Legislature or the force and effect of another law.
WV Code § 29A-4-1 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 4. Declaratory Rulings and Declaratory Judgments|§29A-4-1. Declaratory Rulings by Agencies

On petition of any interested person, an agency may issue a declaratory ruling with respect to the applicability to any person, property or state of facts of any rule or statute enforceable by it. A declaratory ruling, if issued after argument and stated to be binding, is binding between the agency and the petitioner on the state of facts alleged, unless it is altered or set aside by a court, but it shall not be binding on any other person. Such ruling is subject to review before the court and in the manner hereinafter provided for the review of orders or decisions in contested cases. Each agency may prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition.
WV Code § 29A-4-2 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 4. Declaratory Rulings and Declaratory Judgments|§29A-4-2. Declaratory Judgment on Validity of Rule

(a) Any person, except the agency promulgating the rule, may have the validity of any rule determined by instituting an action for a declaratory judgment in the circuit court of Kanawha county, West Virginia, when it appears that the rule, or its threatened application, interferes with or impairs or threatens to interfere with or impair, the legal rights or privileges of the plaintiff or plaintiffs. The agency shall be made a party to the proceeding. The declaratory judgment may be rendered whether or not the plaintiff or plaintiffs has or have first requested the agency to pass upon the validity of the rule in question.(b) The court shall declare the rule invalid if it finds that the rule violates Constitutional provisions or exceeds the statutory authority or jurisdiction of the agency or was adopted without compliance with statutory rule-making procedures or is arbitrary or capricious, or that, in the case of a rule adopted pursuant to section five, article three of this chapter, action under said section five was not justified.(c) When the invalidity of a rule has been so declared, the agency shall, within thirty days after such declaratory judgment has been entered, acquiesce therein and modify or rescind such invalidated rule in accord with the requirement of such declaratory judgment unless the agency promptly, and in any event within such thirty-day period, notifies the plaintiff or plaintiffs of its intention to apply for an appeal to the Supreme Court of Appeals from such declaratory judgment pursuant to section one, article six of this chapter. In the event such agency shall thereafter make timely application for such appeal, the acquiescence of the agency in the invalidity of such rule shall not be required until thirty days after timely applications for such appeal have been refused or within thirty days after the appeal has been dismissed or otherwise disposed of in the Supreme Court of Appeals by an affirmance of the judgment invalidating said rule.
WV Code § 29A-5-2 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 5. Contested Cases|§29A-5-2. Rules of Evidence; Taking Notice of Facts; Correction of Transcript

(a) In contested cases irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the circuit courts of this state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Agencies shall be bound by the rules of privilege recognized by law. Objections to evidentiary offers shall be noted in the record. Any party to any such hearing may vouch the record as to any excluded testimony or other evidence.(b) All evidence, including papers, records, agency staff memoranda and documents in the possession of the agency, of which it desires to avail itself, shall be offered and made a part of the record in the case, and no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.(c) Every party shall have the right of cross-examination of witnesses who testify, and shall have the right to submit rebuttal evidence.(d) Agencies may take notice of judicially cognizable facts. All parties shall be notified either before or during hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed.(e) Upon motion in writing served by any party as notice may be served pursuant to section two, article seven of this chapter and therein assigning error or omission in any part of any transcript of the proceedings had and testimony taken at any such hearing, the agency shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and revised in the respects designated by the agency, so as to make it conform to the whole truth.
WV Code § 29A-5-3 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 5. Contested Cases|§29A-5-3. Orders or Decisions

Every final order or decision rendered by any agency in a contested case shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law. Prior to the rendering of any final order or decision, any party may propose findings of fact and conclusions of law. If proposed, all other parties shall be given an opportunity to except to such proposed findings and conclusions, and the final order or decision shall include a ruling on each proposed finding. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the order or decision and accompanying findings and conclusions shall be served upon each party and his attorney of record, if any, in person or by registered or certified mail.
WV Code § 29A-5-5 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 5. Contested Cases|§29A-5-5. Exceptions

The provisions of this article shall not apply to the workers' compensation fund, the Bureau of Employment Programs, the State Tax Commissioner, the state road commissioner, the state road commission, and the teachers' retirement board.
WV Code § 29A-6-1 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 6. Appeals|§29A-6-1. Supreme Court of Appeals

(a) Any party adversely affected by the final judgment of the circuit court under this chapter may seek review thereof by appeal to the Supreme Court of Appeals of this state, and jurisdiction is hereby conferred upon such court to hear and entertain such appeals upon application made therefor in the manner and within the time provided by law for civil appeals generally: Provided, That a circuit court has no jurisdiction to review a final order or decision in a contested case issued after June 30, 2022.(b) Any party adversely affected by the final order, decision, or judgment of the Intermediate Court of Appeals under this chapter may seek review thereof by petition to the Supreme Court of Appeals, pursuant to the requirements of 51-11-1 et seq. of this code.