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WV Code § 29A-3-13 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3. Rule Making|§29A-3-13. Adoption of Legislative Rules; Effective Date

(a) Except as the Legislature may by law otherwise provide, within sixty days after the effective date of an act authorizing promulgation of a legislative rule, the agency shall promulgate the rule in conformity with the provisions of law authorizing and directing the promulgation of the rule. In the case of a rule proposed by an agency which is administered by an executive department pursuant to the provisions of article two, chapter five-f of this code, the secretary of the department shall promulgate the rule as authorized by the Legislature. In the case of an agency which is not subject to administration by the secretary of an executive department, the agency which proposed the rule for promulgation shall promulgate the rule as authorized by the Legislature.(b) A legislative rule authorized by the Legislature is effective upon filing in the State Register, or on the effective date fixed by the authorizing act or, if none is fixed by law, a later date not to exceed ninety days, as fixed by the agency.(c) The Secretary of State shall note in the State Register the effective date of an authorized and promulgated legislative rule and shall promptly publish the duly promulgated rule in the Code of State Rules maintained by his or her office.
WV Code § 29A-3-14 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3. Rule Making|§29A-3-14. Withdrawal or Modification of Proposed Rules

(a) Any legislative rule proposed by an agency may be withdrawn by the agency any time before passage of a law authorizing or authorizing and directing its promulgation, but no such action shall be construed to affect the validity, force or effect of a law enacted authorizing or authorizing and directing the promulgation of an authorized legislative rule or exercising compliance with such law. The agency shall file a notice of any such action in the state register.(b) At any time before a proposed legislative rule has been submitted by the legislative rule-making review committee to the Legislature pursuant to the provisions of section twelve of this article, the agency may modify the proposed rule to meet the objections of the committee. The agency shall file in the state register a notice of its modifying action including a copy of the modified rule, but shall not be required to comply with any provisions of this article requiring opportunity for public comment or taking of evidence with respect to such modification. If a legislative rule has been withdrawn, modified and then resubmitted to such committee, the rule shall be considered to have been submitted to such committee on the date of such resubmission.
WV Code § 29A-3-16 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3. Rule Making|§29A-3-16. Legislative Review of Procedural Rules, Interpretive Legislative Rules

(a) The Legislative Rule-Making Review Committee may, with the assistance of the Legislative Auditor's Office, review any procedural rule, interpretive rule or existing legislative rule to determine if the rule is achieving its purpose, and based on its determination, if the rule should be continued, amended or repealed.(b) Following the review, the Legislative Rule-Making Committee shall make recommendations to the agency or board, which promulgated the rule, and to the Joint Committee on Government and Finance.
WV Code § 29A-3-17 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3. Rule Making|§29A-3-17. 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 agency, 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-3-18 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3. Rule Making|§29A-3-18. 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-3-20 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3. Rule Making|§29A-3-20. Executive Review of Agency Rules, Guidelines, Policies and Recommendations

(a) All executive agencies with rule-making authority shall:(1) Review and evaluate all state rules, guidelines, policies and recommendations under their jurisdiction that have similar federal rules, guidelines, policies and recommendations;(2) Determine whether the state rules, guidelines, policies and recommendations are more stringent than federal counterparts;(3) Provide for a comment period for all rules, guidelines, policies and recommendations; and(4) Submit a report to the Joint Committee on Government and Finance and the Legislative Rule-Making Review Committee on or before November 1, 2017, which shall include:(A) A description of the state rules, guidelines, policies and recommendations that are more stringent than federal counterparts; and(B) Comments received from the comment period provided for in subdivision (3) of this subsection.(b) Within four years of the enactment of this law, each executive agency with rule-making authority shall review all of its rules and determine whether the rules should be continued without change, modified or repealed. On or before July 1, 2020, each agency shall submit a report to the Legislative Rule-Making Review Committee which includes the following information for each rule under the agency’s jurisdiction:(1) A description of the rule;(2) A determination of whether the rule should continue without change, be modified or repealed; and (3) The reasoning for said determination.
WV Code § 29A-3A-1 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-1. Definitions

As used in this article:(a) "Commission" means the Legislative Oversight commission on education accountability;(b) "Board" means the Higher Education Policy Commission or the chancellor as defined in chapter eighteen-b of this code, or both, or any successor agency or officer. "Board" also means any other entity directed by this code to promulgate a rule or rules in accordance with this article, but this definition shall apply solely for the purpose of promulgating the rule or rules required to be promulgated in accordance with this article.
WV Code § 29A-3A-2 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-2. Rules to Be Promulgated Only 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 only 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-3A-3 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-3. Limitations on Authority to Exercise Rule-Making Power

(a) Except when, and to the extent, that this chapter or any other provision of law now or hereafter made expressly exempts the board, or a particular grant of the rule-making power, from the provisions of this article, every grant of rule-making authority to the board heretofore provided, shall be construed and applied to be effective only:(1) If heretofore lawfully exercised in accordance with the prior provisions of this chapter and the resulting rule has not been revoked or invalidated by the provisions hereof or by the board; or(2) If exercised in accordance with the provisions hereof.(b) The board shall not be deemed to have the power and authority to promulgate a legislative rule without compliance with this article unless: (1) The provision of this code, heretofore or hereafter enacted, granting such power and authority, expressly exempts its exercise from legislative rule-making review prior to promulgation or (2) the grant of such power and authority is exempted from the application of this chapter by the express provisions of this chapter. To the extent any such grant of power and authority, not so exempt, shall be deemed to exceed the limits and provisions of this article, such power and authority to promulgate legislative rules is hereby revoked.
WV Code § 29A-3A-4 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-4. 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-3A-5 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-5. Filing of Proposed Procedural Rules and Interpretive Rules

(a) When the board proposes a procedural rule or an interpretive 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-3A-6 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-6. Notice of Proposed Rule Making

When the board proposes to promulgate a rule other than an emergency rule, it shall file with the Secretary of State, for publication in the state register, a notice of its action, including therein any request for the submission of evidence to be presented on any factual determinations or inquiries required by law to promulgate such rule. At the time of filing the notice of its action, the board shall also file with the Secretary of State a copy of the full text of the rule proposed, and a fiscal note as defined in subsection (b), section five of this article. If the board is considering alternative draft proposals, it may also file with the Secretary of State the full text of such draft proposals.The notice shall fix a date, time and place for the receipt of public comment in the form of oral statements, written statements, and documents bearing upon any findings and determinations which are a condition precedent to the final approval by the board of the proposed rule, and shall contain a general description of the issues to be decided. If no specific findings and determinations are required as a condition precedent to the final approval by the board of the approved rule, the notice shall fix a date, time and place for the receipt of general public comment on the proposed rule.If findings and determinations are a condition precedent to the promulgation of such rule, then an opportunity for general 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. After the public hearing or the close of the public comment period, whichever is later, the board shall not permit the filing or receipt of, nor shall it consider, any attempted ex parte communications directed to it in the form of additional comment, prior to the submission of its final board-approved rule to the Legislative Oversight commission on education accountability pursuant to the provisions of section twelve of this article.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-3A-7 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-7. 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-3A-8 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-8. Notice of Hearings

Notices of hearings required by sections six and seven 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-3A-9 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-9. Adoption of Procedural and Interpretive Rules

A procedural and interpretive 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 procedural or interpretive 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 procedural or interpretive 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-3A-10 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-10. Proposal of Legislative Rules

When the board proposes a legislative rule, other than an emergency rule, it shall be deemed to be applying to the Legislature for permission, to be granted by law, to promulgate such rule as approved by the board for submission to the Legislature or as amended and authorized by the Legislature by law.When proposing a legislative rule, other than an emergency rule, and after filing the notice of proposed rule-making required by the provisions of section five of this article, the board shall then proceed as in the case of a procedural and interpretive rule to the point of, but not including, final adoption. In lieu of final adoption, the board shall finally approve the proposed rule, including any amendments, for submission to the Legislature and file such notice of approval in the state register and with the Legislative Oversight commission on education accountability.Such final approval of the rule under this section is deemed to be approval for submission to the Legislature only and does not give any force and effect to the proposed rule. The rule shall have full force and effect only when authority for promulgation of the rule is granted by an act of the Legislature and the rule is promulgated pursuant to the provisions of section fourteen of this article.
WV Code § 29A-3A-11 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-11. Creation of a Legislative Oversight Commission on Education Accountability

(a) There is hereby created a joint commission of the Legislature known as the Legislative Oversight commission on education accountability to review all legislative rules of the board and such other rules as the commission deems appropriate. The commission shall be composed of six members of the Senate appointed by the President of the Senate and six members of the House of Delegates appointed by the Speaker of the House of Delegates. No more than five of the six members appointed by the President of the Senate and the Speaker of the House of Delegates, respectively, may be members of the same political party. In addition, the President of the Senate and the Speaker of the House of Delegates shall be ex officio nonvoting members of the commission and shall designate the cochairmen. At least one of the Senate members and one of the House members shall be members of the committee on education of the Senate and House, respectively, and at least one of the Senate members and at least one of the House members shall be a member of the committee on finance of the Senate and House, respectively. The members shall serve until their successors shall have been appointed as heretofore provided. Members of the commission shall receive such compensation and expenses as provided in article two-a, chapter four of this code. Such expenses and all other expenses including those incurred in the employment of legal, technical, investigative, clerical, stenographic, advisory and other personnel shall be paid from an appropriation to be made expressly for the Legislative Oversight commission on education accountability, but if no such appropriation be made, such expenses shall be paid from the appropriation under "Account No. 103 for Joint Expenses", but no expense of any kind whatever payable under said account for joint expenses shall be incurred unless first approved by the Joint Committee on Government and Finance. The commission shall meet at any time both during sessions of the Legislature and in the interim.(b) The commission may adopt such rules of procedure as it considers necessary for the submission, presentation and consideration of rules.
WV Code § 29A-3A-14 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-14. Adoption of Legislative Rules; Effective Date

(a) Except as the Legislature may by law otherwise provide, within sixty days after the effective date of an act authorizing promulgation of a legislative rule, the board shall promulgate the rule only in conformity with the provisions of law authorizing and directing the promulgation of such rule.(b) A legislative rule authorized by the Legislature shall become effective thirty days after such filing in the state register, or on the effective date fixed by the authorizing act or if none is fixed by law, such later date not to exceed ninety days, as is fixed by the board.(c) The Secretary of State shall note in the state register the effective date of an authorized and promulgated legislative rule, and shall file such legislative rule in the state register in lieu of the proposed legislative rule previously filed pursuant to section seven of this article.
WV Code § 29A-3A-15 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 3A. Higher Education Rule Making|§29A-3A-15. Withdrawal or Modification of Proposed Rules

(a) Any legislative rule proposed by the board may be withdrawn any time before passage of a law authorizing or authorizing and directing its promulgation, but no such action shall be construed to affect the validity, force or effect of a law enacted authorizing or authorizing and directing the promulgation of an authorized legislative rule or exercising compliance with such law. The board shall file a notice of any such action in the state register.(b) At any time before a proposed legislative rule has been submitted by the Legislative Oversight commission on education accountability to the Legislature pursuant to the provisions of section thirteen of this article, the board may modify the proposed rule to meet the objections of the commission. The board shall file in the state register a notice of its modifying action including a copy of the modified rule, but shall not be required to comply with any provisions of this article requiring opportunity for public comment or taking of evidence with respect to such modification. If a legislative rule has been withdrawn, modified and then resubmitted to such commission, the rule shall be considered to have been submitted to such commission on the date of such resubmission.