WVC 29 A- 3 - 8
§29A-3-8. Adoption of legislative exempt, procedural and
An agency shall consider a legislative exempt, procedural and
interpretive rule for adoption not later than six months after the
close of public comment and file a notice of withdrawal or adoption
in the State Register within that period. An agency's failure to
file the notice constitutes withdrawal and the Secretary of State
shall note the failure in the State Register immediately upon the
expiration of the six-month period.
A legislative exempt, procedural or interpretive rule may be
amended by the agency prior to final adoption without further
hearing or public comment. The amendment may not change the main
purpose of the rule. If the fiscal implications have changed since
the rule was proposed, the agency shall attach a new fiscal note to
the notice of filing. Upon adoption of the rule, including any
amendment, the agency shall file the text of the adopted
legislative exempt, procedural or interpretive rule with its notice
of adoption in the State Register and the rule is effective on the
date specified in the rule or thirty days after the filing,
whichever is later or as specified in this code.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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