WVC 29 A- 3 - 13
§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
(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.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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