West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agency" means
				any state board, commission, department, office or officer authorized by law to
				make rules or adjudicate contested cases, except those in the legislative or
				judicial branches (see W. Va. Code §
									29A-1-2(a)).
2.2. "Agency Approved" means every
				legislative rule proposed by an agency, which has completed the public comment
				period, is approved by the agency and submitted for Legislative review (see W.
				Va. Code §
									29A-3-11(a)).
2.3. "Agency Head" means the cabinet
				secretary or top administrator for any agency, board, department or rule-making
				entity who has the authority to grant or withhold written consent to the
				proposal of any rule on behalf of the agency. Without written consent, no
				proposal for a rule shall have any force or effect (see W. Va. Code §
									5F-2-2(12)
				and (13)).
2.4. "CSR" means West Virginia Code of State
				Rules.
2.5. "Emergency" means any
				legislative rule filed by an agency finding that the rule must be effective
				before completing the full Legislative cycle, promulgated in accordance with W.
				Va. Code '29A-3-15,
				and promulgation is necessary for the immediate preservation of the public
				peace, health, safety or welfare is necessary to comply with a time limitation,
				established by W. Va. Code or by a federal statute or regulation or to prevent
				substantial harm to the public interest.
2.6. "Interpretive" means every rule, adopted
				by an agency independently of any delegation of legislative power which is
				intended by the agency to provide information or guidance to the public
				regarding the agency's interpretations, policy or opinions upon the law
				enforced or administered by it, and which is not intended by the agency to be
				determinative of any issue affecting private rights, privileges or interests
				(see W. Va. Code §
									29A-1-2(c)).
2.7. "Legislative" means every rule, proposed
				by an agency pursuant to W. Va. Code '29A-3 et seq., which has no legal force
				or effect until promulgated by specific authorization of the legislature (see
				W. Va. Code §
									29A-1-2(e)).
2.8. "Legislative Exempt" means every rule
				promulgated by an agency or relating to a subject matter that is exempt from
				the rule-making provisions of W. Va. Code §
									29A-3-1
				et. seq. or any other section of the W. Va. Code (see W. Va. Code §
									29A-1-2(d)).
2.9. "LRMRC" means Legislative Rule-Making
				Review Committee.
2.10. "Modified"
				every rule that has been changed to incorporate suggested changes from the
				Legislative Rule Making Review Committee (LRMRC) with agreement of the
				agency.
2.11. "Notice" means a
				filing for publication in the State Register submitted by an agency proposing
				to promulgate a rule that includes a request for the submission of evidence to
				be presented on any factual determinations or inquiries required by law to
				promulgate such rule (see W. Va. Code §
									29A-3-5).
2.12. "Procedural" means every rule which
				fixes rules of procedure, practice or evidence for dealings with or proceedings
				before an agency, including forms prescribed by the agency (see W. Va. Code
				§
									29A-1-2(h)).
2.13. "Proposed" means a legislative,
				interpretive or procedural rule which has not yet become effective (see W. Va.
				Code §
									29A-1-2(i)).
2.14. "Order" means the whole or any part of
				the final disposition, whether affirmative, negative, injunctive or declaratory
				in form, by any agency of any matter other than rulemaking (see W. Va. Code
				§
									29A-1-2(f)).