Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
WEST VIRGINIA CODE
‹ Back  |  print page Print
WVC 64- CHAPTER 64. LEGISLATIVE RULES.

WVC -1- ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.


WVC 64 - 1 - 1 §64-1-1. Legislative authorization.
Under the provisions of article three, chapter twenty-nine-a of the Code of West Virginia, the Legislature expressly authorizes the promulgation of the rules described in articles two through eleven, inclusive, of this chapter, subject only to the limitations set forth with respect to each such rule in the section or sections of this chapter authorizing its promulgation. Legislative rules promulgated pursuant to the provisions of articles one through eleven, inclusive, of this chapter in effect at the effective date of this section shall continue in full force and effect until reauthorized in this chapter by legislative enactment or until amended by emergency rule pursuant to the provisions of article three, chapter twenty-nine-a of this code.


WVC 64 - 2 - ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.


WVC 64 - 2 - 1 §64-2-1. Department of Administration.

     The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section forty-eight, article three, chapter five-a of this code, relating to the Department of Administration (state owned vehicles, 148 CSR 3), is authorized.


WVC 64 - 2 - 2 §64-2-2. Consolidated Public Retirement Board.

     The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on August 30, 2013, relating to the Consolidated Public Retirement Board (Public Employees Retirement System, 162 CSR5 ), is authorized with the following amendment:

     On page three, subsection 8.1, line seventeen, following the word "System", by inserting a colon and the following: "And provided further, That beginning July 1, 2014, each participating public employer shall contribute fourteen percent (14%) of each compensation payment of all its employees who are members of the Public Employees Retirement System."


WVC 64 - 2 - 3 4§19-25-7. Insurance policies.

                                            Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any owner of lands covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the use of such insured's land for recreational, wildlife propagation or military, law-enforcement or homeland-defense purposes, unless such provision or endorsement is rejected in writing by the named insured.
WVC 64 - 2 - 4 §64-2-4. Ethics Commission.
(a) The legislative rule filed in the State Register on August 21, 2008, authorized under the authority of section five, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2008, relating to the Ethics Commission (purchase, sale or lease of personal property, 158 CSR 3), is authorized.

(b) The legislative rule filed in the State Register on August 21, 2008, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2008, relating to the Ethics Commission (interest in public contracts, 158 CSR 8), is authorized.

(c) The legislative rule filed in the State Register on July 29, 2008, authorized under the authority of section two, article two, chapter six-b of this code, relating to the Ethics Commission (voting, 158 CSR 9), is authorized.

(d) The legislative rule filed in the State Register on August 21, 2008, authorized under the authority of section five, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2008, relating to the Ethics Commission (employment exemptions, 158 CSR 11), is authorized.

(e) The legislative rule filed in the State Register on July 28, 2008, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 5, 2008, relating to the Ethics Commission (lobbying, 158 CSR 12), is authorized.

(f) The legislative rule filed in the State Register on August 21, 2008, authorized under the authority of section two, article two, chapter six-b of this code, relating to the Ethics Commission (filing of verified time records, 158 CSR 14), is authorized.


WVC 64 - 3 - ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.


WVC 64 - 3 - 1 §64-3-1. Department of Environmental Protection.

     (a) The legislative rule filed in the State Register on May 6, 2013, authorized under the authority of section six, article six-a, chapter twenty-two of this code, approved for promulgation by the Legislature on April 12, 2013, relating to the Department of Environmental Protection (horizontal well development, 35 CSR 8), is authorized with the following amendment:

     On pages ten and eleven, by striking out all of subdivision 5.7.a. and inserting in lieu thereof a new subdivision 5.7.a. to read as follows:

     5.7.a. All applications for well work permits shall be accompanied by a well site safety plan to address proper safety measures to be employed for the protection of persons on the well site, as well as the general public in the area surrounding the well site. Each plan shall be specific to the well site described in the permit application and include the surrounding area. The plan shall encompass all aspects of the operation, including the actual well work for which the permit is sought, the anticipated MSDS for the chemical components added to the hydraulic fracturing fluid, and completion, production, and work-over activities. It shall be made available on the well site during all phases of the operation and provide an emergency point of contact and twenty-four (24)-hour contact information for the well operator. At least seven (7) days before commencement of well work or site preparation work that involves any disturbance of the land, the well operator shall provide a copy of the well site safety plan to the local emergency planning committee (LEPC) for the emergency planning district in which the well work will occur or to the county office of emergency services. The operator shall also provide one copy of the Well Site Safety Plan to the surface owner, any water purveyor and any surface owner subject to notice and water testing as provided in section 15 of this rule: Provided, That in the event the Well Site Safety Plan previously provided to a surface owner, water purveyor or surface owner, is later amended, in whole or in part, the operator shall provide a copy of the amendments to the surface owner, water purveyor or surface owner. The operator should work closely with the local first responders to familiarize them with potential incidents that are related to oil and gas development, so that the local first responders have the information they need to provide the support necessary for the operator to implement the well site safety plan. The well site safety plan shall include, at a minimum, the information contained in subdivisions 5.7.b. through 5.7.h.

     (b) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (ambient air quality standards, 45 CSR 8 ), is authorized.

     (c) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 4, 2013, relating to the Department of Environmental Protection (permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality, 45 CSR 14 ), is authorized.

     (d) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (standards of performance for new stationary sources, 45 CSR 16 ), is authorized.

     (e) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from combustion of solid waste, 45 CSR 18 ), is authorized.

     (f) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (permits for construction and major modification of major stationary sources which cause or contribute to nonattainment areas, 45 CSR 19 ), is authorized.

     (g) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from hazardous waste treatment, storage or disposal facilities, 45 CSR 25 ), is authorized.

     (h) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants, 45 CSR 34 ), is authorized.

     (i) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article eleven, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 27, 2013, relating to the Department of Environmental Protection (requirements governing water quality standards, 47 CSR 2), is authorized with the following amendment:

     On page thirty-seven, parameter 8.1, by striking out the words "For water with pH <6.5 or >9.0";

     And,

     On page thirty-seven, by striking out all of parameters 8.1.1 and 8.1.2.

     (j) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section seven, article eleven, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Department of Environmental Protection (state certification of activities requiring federal licenses and permits, 47 CSR 5A), is authorized.

     (k) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section three, article twenty-two, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 17, 2013, relating to the Department of Environmental Protection (voluntary remediation and redevelopment, 60 CSR 3 ), is authorized, with the following amendment:

     On page two, subsection 2.22., line twenty-one, following the words "refers to a", by striking the "A"; and

     On page three, subsection 2.35., line twenty-six, by striking the words "Section 3 of Article 22"; and

     On page nine, paragraph 4.3.d.6., line thirty-five, by striking the character "2" at the beginning of the line; and

     On page nine, paragraph 4.3.d.6., line forty-five, following the words "greater than", by striking the character "2"; and

     On page ten, subdivision 5.1.d., line three, following the words "W.Va. Code §22-22", by inserting a hyphen and the words '1, et seq.'; and

     On page fourteen, subdivision 5.3.k., line four, following the words "and practical knowledge" by striking the semi-colon; and

     On page fifteen, subdivision 5.5.e., line three, by striking the word "thirty" at the beginning of the line; and

     On page nineteen, subparagraph 7.4.b.21.A., line twenty, by renumbering the subparagraph as 7.4.b.1.A.; and

     On page nineteen, subparagraph 7.4.b.31.B., line twenty-four, by renumbering the subparagraph as 7.4.b.1.B.; and

     On page nineteen, subparagraph 7.4.b. .1.C., line twenty-nine, by renumbering the subparagraph as 7.4.b.1.C.; and

     On page nineteen, paragraph 7.4.b.52., line thirty-three, by renumbering the paragraph as 7.4.b.2.; and

     On page nineteen, subparagraph 7.4.b.62.A., line thirty-eight, by renumbering the subparagraph as 7.4.b.2.A.; and

     On page twenty, subparagraph 7.4.b.72.B, line one, by renumbering the subparagraph as 7.4.b.2.B.; and

     On page twenty, paragraph 7.4.b.83., line five, by renumbering the it as subparagraph 7.4.b.2.C.; and

     On page twenty, subparagraph 7.4.b.105, line fifteen, by renumbering the subparagraph as 7.4.b.2.D.; and

     On page thirty-six, paragraph 10.2.b., at the beginning of line sixteen, by striking the "5", before the words "five days"; and

     On page thirty-eight, subdivision 11.4., line six, following the words "have been submitted to the", by striking the word "Division" and inserting in lieu thereof the word "Department"; and

     On page thirty-eight, paragraph 12.2.a., line thirty-six, following the words "applicant and determine within", by striking the word "sixty"; and

     On page thirty-nine, paragraph 12.2.c., line fifteen, following the words "final report was properly issued, he", by inserting the words "or she".


WVC 64 - 3 - 2 §64-3-2. Solid Waste Management Board.
The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand seven, authorized under the authority of section nine-a, article four, chapter twenty-two-c of this code, modified by the Solid Waste Management Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand seven, relating to the Solid Waste Management Board (performance measures and review standards for solid waste authorities operating commercial solid waste facilities, 54 CSR 6), is authorized.


WVC 64 - 3 - 3 §64-3-3. Directing further study of 45CSR37.
(a) The Legislature declares that mercury is highly toxic, persistent and bioaccumulates in the food chain and is transported through the atmosphere and deposits on land and water bodies, and according to the Environmental Protection Agency, other serious human health risks, known and unknown, may result from human exposure of mercury in any amount. Emissions from electric utility coal fired steam generating units and other industrial activities cause significant discharges of mercury in West Virginia, therefore, it is appropriate to closely monitor these activities and study this pollutant.

(b) The Commissioner of the Bureau for Public Health, pursuant to and consistent with section six, article one, chapter sixteen of this code, is directed to participate with the Department of Environmental Protection to conduct an assessment on the actual and potential human health pathways and risks from mercury consumption and make appropriate recommendations to the Department of Environmental Protection.

(c) Pursuant to and consistent with section three-a, article one, chapter twenty-two of this code. The Division of Air Quality and the Department of Environmental Protection are directed to further study 45CSR37 [Mercury Budget Trading Program to Reduce Mercury Emissions] to evaluate scientific evidence, considering specific environmental characteristics of West Virginia, hold public hearings and accept and review appropriate evidence regarding mercury exposure, including recommendations from the Bureau for Public Health. The Department of Environmental Protection shall also conduct an assessment which is also to include an evaluation of the available mercury control technologies for coal-fired steam generating units and other industrial activities that emit mercury, the availability and cost of mercury measurements technology and an analysis of feasibility of implementation of these technologies. The Division of Air Quality shall also consider and address any Bureau for Public Health recommendations considering health risks of West Virginians, and enter a finding as to whether the citizens of West Virginia or regions of West Virginia are exposed to a potential health risk because of mercury contamination, and if so, to propose for legislative promulgation prior to the first day of January, two thousand seven, revisions to 45 CSR 37 and any other appropriate rulemaking to effectuate its findings. The division may also recommend legislation that may be necessary to protect human health and the environment consistent with the division's findings.


WVC 64 - 3 - 4 §64-3-4. Directing further study of 35CSR3.
(a) Department of Environmental Protection's Office of Oil and Gas's Legislative Rule 35CSR3, [Coalbed Methane Wells] authorized pursuant to section one of this article, addresses the new technology of horizontal drilling of coalbed methane, the process of drilling along coal seams to increase production of a single coalbed methane well. However, the Legislature finds, because of the newness of the technology and drilling methods, further review and study is required to consider and address any potential adverse environmental impacts from coalbed methane wells. The Office of Oil and Gas is directed to conduct a study of this new process as follows:

(1) Conduct an analysis of literature and seek input from experts in hydrology, geology and engineering, to develop a thorough understanding of coalbed methane drilling, how the drilling is physically done, the type of equipment utilized, fluids used or encountered, and pressures induced or encountered in the drilling process;

(2) Review the regulatory scheme of other states in the Appalachian basin to determine if innovative regulatory approaches would be instructive and should be incorporated into West Virginia's regulatory scheme;

(3) Review the potential effect of drilling coalbed methane wells in areas where abandoned or active gas or oil wells are located; and

(4) Assess whether special requirements should be adopted providing protections for groundwater and water wells, to prevent contamination and other adverse impacts.

(b) The Office of Oil and Gas shall call upon other divisions of the Department of Environmental Protection as needed to assist in this review, and report to the Legislature by the first of January, two thousand seven, and propose further legislative rule amendments to the rule as are necessary and appropriate.


WVC -4- ARTICLE 4. AUTHORIZATION FOR DEPARTMENT OF EDUCATION AND THE ARTS TO PROMULGATE LEGISLATIVE RULES.


WVC 64 - 4 - 1 §64-4-1. Division of Rehabilitation Services.

     The legislative rule filed in the State Register on July 19, 2013, authorized under the authority of section six, article ten-l, chapter eighteen of this code, modified by the Division of Rehabilitation Services to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Division of Rehabilitation Services(Ron Yost Personal Assistance Services Act Board, 198 CSR 1), is authorized.


WVC 64 - 4 - 2 §64-4-2. Division of Rehabilitation Services.
(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section three, article ten-a, chapter eighteen of this code relating to authorizing the Division of Rehabilitation Services (case services, 130 CSR 1) is authorized.

(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section three, article ten-a, chapter eighteen of this code relating to the Division of Rehabilitation Services (resources manual, 130 CSR 2) is authorized.


WVC -5- ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.


WVC 64 - 5 - 1 §64-5-1. Department of Health and Human Resources.

     (a) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section eleven, article five-o, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 8, 2013, relating to the Department of Health and Human Resources (medication administration by unlicensed personnel, 64 CSR 60 ), is authorized with the following amendment:

     On page four, paragraph 2.13.a.4 after the word "appliances" by changing the semicolon to a period striking out the word "and".

     (b) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section four, article two-b, chapter forty-nine of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 3, 2013, relating to the Department of Health and Human Resources (child care centers' licensing, 78 CSR 1 ), is authorized, with the following amendment:

     On page nine, subdivision 4.2.b, by removing the word "thirty", the left parenthesis, the number "30" and the right parenthesis, and inserting in lieu thereof, the word "ninety", the left parenthesis, the number "90" and the right parenthesis;

     On page forty, subparagraph 13.3.a.3, line two, after the word, "served" by striking out the semi-colon and the following underlined words "provided that the center shall not use tables with built-in multiple bucket-type seats after June 30, 2015";

     On page forty, by striking subdivision 13.3.b in its entirety, and in lieu thereof, inserting a new subdivision 13.3.b to read as follows:

     "13.3.b. Jumpers, and infant walkers are prohibited."

     On page forty, after subdivision 13.3.b, by inserting a new subdivision 13.3.c to read as follows:

     "13.3.c. Play pens and play yards, if used, must be manufactured after February 28, 2013, properly disinfected after each use and not used for multiple children at the same time.";

     On page forty-three, subparagraph 13.4.i.5, line three, after the word "worn" by striking out the comma, and the following words, "but the use of a blanket is prohibited in the crib" and by un- striking and restoring the following words, "or a thin blanket used for a covering. If a blanket is used, it shall be tucked around the mattress of the crib and only cover the child high as his or her chest";

     And,

     On page forty-eight, by striking out in its entirety subdivision 14.3.d and inserting in lieu thereof a new subdivision 14.3.d to read as follows:

     "14.3.d. Restrictive equipment. Infant equipment that restricts movement such as swings, play pens, play yards, stationary activity centers (exersaurces), infant seats, etc., if used, shall only be used for short periods of time not to exceed fifteen (15) minutes in a four (4) hour period.".


WVC 64 - 5 - 2 §64-5-2. Bureau for Public Health.

     (a) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Department of Health and Human Resources (clinical laboratory technician and technologist licensure and certification, 64 CSR 57), is authorized.

     (b) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 9, 2013, relating to the Department of Health and Human Resources (AIDS-related medical testing and confidentiality, 64 CSR 64 ), is authorized with the following amendments:

     On page two, subdivision 4.1.e, by inserting the following after the period, "The cost of the test not be passed through to the patient by a public health department."

     On page six, paragraph 4.3.b.1., by striking out the words "an oral" and inserting in lieu thereof the word "a";

     On page six, by striking out all of subparagraph 4.3.b.1.A. and inserting in lieu thereof the following:

     4.3.b.1.A. The court shall require the defendant or juvenile respondent to submit to the testing not later than forty-eight hours after the issuance of the order described in paragraph 4.3.b.1 of this subsection, unless good cause for delay is shown upon a request for a hearing: Provided, That no such delay shall cause the HIV-related testing to be administered later than forty- eight hours after the filing of any indictment or information regarding an adult defendant or the filing of a petition regarding a juvenile respondent.

     4.3.b.1.B. The prosecuting attorney may, upon the request of the victim or the victim's parent or legal guardian, and with notice to the defendant or juvenile respondent, apply to the court for an order directing that an appropriate human immunodeficiency virus (HIV) test or other STD test be performed on a defendant charged with or a juvenile subject to a petition involving the offenses of prostitution, sexual abuse, sexual assault or incest.

     On page six, by striking out all of part 4.3.b.1.A.1.;

     On page six, by striking out all of paragraph 4.3.b.2.;

     And renumbering the remaining paragraphs;

     On page six, by striking out all of paragraph 4.3.b.6. and inserting in lieu thereof the following:

     4.3.b.5. The costs of testing may be charged to the defendant or juvenile respondent, or to that person's medical insurance provider, unless determined unable to pay by the court having jurisdiction over the matter. If the defendant or juvenile is unable to pay, the cost of laboratory testing for HIV testing may be borne by the bureau or the local health department.

     4.3.b.5.A. The commissioner designates and authorizes all health care providers operating in regional jails, correctional or juvenile facilities to administer HIV tests, either by taking blood or oral specimens, and transmitting those specimens to the Office of Laboratory Services in accordance with instructions set forth at: http://www.wvdhhr.org/labservices/labe/HIV/index.cfm.

     4.3.b.5.B. Laboratory testing done on specimens sent to the Office of Laboratory Services by health care providers for regional jails, correctional or juvenile facilities shall be performed at no cost to the jails, facilities or health care providers.;

     And,

     On page seven, by striking out all of subdivision 4.3.d. and inserting in lieu thereof a new subdivision, designated subdivision 4.3.d., to read as follows:

     4.3.d. A person convicted or a juvenile adjudicated of the offenses described in this subsection may be required to undergo HIV-related testing and counseling immediately upon conviction or adjudication: Provided, That if the person convicted or adjudicated has been tested in accordance with the provisions of subdivision 4.3.b. of this subsection, that person need not be retested.

     (c) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section two-a, article five-a, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 7, 2013, relating to the Department of Health and Human Resources (Cancer Registry, 64 CSR 68), is authorized.

     (d) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section three, article twelve, chapter sixty-one of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Department of Health and Human Resources (Medical Examiner rule for postmortem inquiries, 64 CSR 84 ), is authorized.


WVC 64 - 5 - 3 §64-5-3. Health Care Authority.

     The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section seven, article twenty-nine-g, chapter sixteen of this code, modified by the Health Care Authority to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on September 4, 2013, relating to the Health Care Authority (West Virginia Health Information Network, 65 CSR 28 ), is authorized.


WVC 64 - 5 - 4 §64-5-4. Bureau for Child Support Enforcement.

     (a) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, modified by the Bureau for Child Support Enforcement to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Bureau for Child Support Enforcement (the Bureau for Child Support Enforcement, 97 CSR 1 ), is authorized.

     (b) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, relating to the Bureau for Child Support Enforcement (obtaining support from federal and state tax refunds, 97 CSR 3 ), is repealed.

     (c) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, relating to the Bureau for Child Support Enforcement (interstate income withholding, 97 CSR 4 ), is repealed.

     (d) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, modified by the Bureau for Child Support Enforcement to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Bureau for Child Support Enforcement (support enforcement activities undertaken by the Bureau for Child Support Enforcement, 97 CSR 6 ), is authorized.

     (e) The legislative rule filed in the State Register on July 29, 2013, authorized under the authority of section one hundred five, article eighteen, chapter forty-eight of this code, modified by the Bureau for Child Support Enforcement to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Bureau for Child Support Enforcement (distribution of support payments, 97 CSR 7 ), is authorized.


WVC 64-6- ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.


WVC 64 - 6 - 1 §64-6-1. State Fire Marshal.

     The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section four, article three-c, chapter twenty-nine of this code, modified by the State Fire Marshal to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on December 3, 2013, relating to the State Fire Marshal (certification of electrical inspectors, 103 CSR 1 ), is authorized.


WVC 64 - 6 - 2 §64-6-2. Fire Commission.

     (a) The legislative rule filed in the State Register on June 19, 2013, authorized under the authority of section five, article three, chapter twenty-nine of this code, modified by the Fire Commission to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on December 3, 2013, relating to the Fire Commission (State Fire Code, 87 CSR 1 ), is authorized, with the following amendment:

     On page 1, subparagraph 2.1.a.1.A., in the first sentence, after the words "is subject to this" by striking out the word "section" and inserting in lieu thereof the word "paragraph";

     On page 1, subparagraph 2.1.a.1.A., in the third sentence, after the words "exempted from the provisions of this" by striking out the word "section" and inserting in lieu thereof the word "paragraph";

     On page 2, subparagraph 2.1.a.1.C., in the first sentence, after the words "as defined in" by striking out the word "subsections" and inserting in lieu thereof the word "subparagraphs";

     On page 2, subparagraph 2.1.a.1.E., in the first sentence, after the words "in accordance with" by striking out the word "Subsection" and inserting in lieu thereof the word "subparagraph";

     On page 2, subparagraph 2.1.a.1.F., in the first sentence, after the words "as defined in" by striking out the word "subsections" and inserting in lieu thereof the word "subparagraphs";

     On page 2, subparagraph 2.1.a.1.G., in the first sentence, after the words "in accordance with" by striking out the word "subsection" and inserting in lieu thereof the word "subparagraph";

     On page 3, subparagraph 2.1.a.1.H., after the words "as defined in" by striking out the word "Subsections" and inserting in lieu thereof the word "subparagraphs";

     On page 3, paragraph 2.2.a.1., by striking out said paragraph 2.2.a.1. and inserting in lieu thereof a new paragraph 2.2.a.1 to read as follows:

     "All residential occupancies, except one or two family dwellings, shall prominently display signage stating whether the building contains an approved automatic sprinkler and whether the windows are capable of being opened or broken in an emergency.";

     On page 5, subsection (5) under Notes to Table 2.2.a., after the words "40 feet in height as measured per" by striking out the word "Section" and inserting in lieu thereof the word "subparagraph";

     On page 7, subparagraph 2.2.d.3.E., after the words "from the requirements of this" by striking out the word "subsection" and inserting in lieu thereof the word "paragraph";

     On page 10, paragraph 2.2.i.5., after the words "comply with the residential requirements of" by striking out the words "subsection 11.6 of this section" and inserting in lieu thereof the words "subdivision 2.2.j. of this subsection";

     On page 11, subparagraph 2.2.n.2.A., in the second sentence, after the word "This" by striking out the word "division" and inserting in lieu thereof the word "subparagraph";

     On page 12, part 2.2.n.2.I.1., after the words "meet the requirements of" by striking out the words "Subsections 11.1 and 11.6" and inserting in lieu thereof the words "paragraph 2.2.d.1. and subdivision 2.2.j.";

     On page 12, subparagraph 2.2.n.2.N., after the words "meet the requirements of" by striking out the words "section 7 of this Rule of Residential Occupancies" and inserting in lieu thereof the words "subdivision 2.2.c. of this rule";

     On page 13, subparagraph 2.2.o.2.A., at the end of the third sentence, after the words "pyrotechnics display as provided in this" by striking out the word "section" and inserting in lieu thereof the word "subdivision";

     On page 13, subparagraph 2.2.o.2.A., in the fourth sentence, after the words "paid by the provisions of this" by striking out the word "section" and inserting in lieu thereof the word "subdivision";

     On page 13, subparagraph 2.2.o.2.A., in the last sentence, after the words "permit granted under this" by striking out the word "subsection" and inserting in lieu thereof the word "subdivision";

     On page 14, paragraph 2.2.p.1., after the words "For the purposes of this" by striking out the word "subsection" and inserting in lieu thereof the word "subdivision";

     On page 17, subparagraph 2.2.q.6.D., after the words "dwelling or building listed in" by striking out the word "subsection" and inserting in lieu thereof the word "subparagraph";

     On page 17, subparagraph 2.2.q.6.E., in the first sentence, after the words "dwelling or building listed in" by striking out the word "subsection" and inserting in lieu thereof the word "subparagraph" and after the words "ground vibration and airblast limits listed in" by striking out the word "subsection" and inserting in lieu thereof the word "subparagraph";

     On page 18, subparagraph 2.2.q.6.F., in the first sentence, after the words "For structures not listed in" by striking out the word "subsection" and inserting in lieu thereof the word "subparagraph" and in the second sentence, after the words "dwelling or building listed in" by striking out the word "subsection" and inserting in lieu thereof the word "subparagraph";

     On page 20, subparagraph 2.2.w.2.E., by striking out the subparagraph designation "2.2.w.2.E." and inserting in lieu thereof the subparagraph designation "2.2.u.2.E.";

     On page 21, subparagraph 2.2.u.2.O., in the proviso, after the words "for the purposes of this" by striking out the word "subsection" and inserting in lieu thereof the word "subparagraph";

     On page 21, subparagraph 2.2.u.2.T., after the words "if required by" by striking out the word "subsection" and inserting in lieu thereof the word "subparagraph";

     On page 22, section 5, at the end of the section, after the words "an appeal to the State Fire Commission as outlined in" by striking out the words "section 13" and inserting in lieu thereof the words "section 17";

     And,

     On page 26, section 16, by striking out said section 16 in its entirety and inserting in lieu thereof the words "The owner or occupant of a new building, or a building that has had 50% or more of the space renovated or reconstructed, shall obtain a certificate of occupancy before the building is occupied or used for its intended purpose.".

     (b) The legislative rule filed in the State Register on June 19, 2013, authorized under the authority of section five-b, article three, chapter twenty-nine of this code, modified by the Fire Commission to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on December 3, 2013, relating to the Fire Commission (certification of home inspectors, 87 CSR 5 ), is authorized, with the following amendment:

     On page 13, subsection 18.5, after the words "in compliance with West Virginia Code" by striking out the word "§ 29-3-16(a)" and inserting in lieu thereof the word "§29-3-16a(a)".


WVC 64 - 6 - 3 §64-6-3. Regional Jail and Correctional Facility Authority.

     The legislative rule filed in the state register on July 26, 2013, authorized under the authority of section ten, article twenty, chapter thirty-one of this code, modified by the Regional Jail and Correctional Facility Authority to meet the objections of the legislative rule-making review committee and refiled in the state register on October 30, 2013, relating to the Regional Jail and Correctional Facility Authority (criteria and procedures for determination of projected cost per day for inmates incarcerated in regional jails operated by the Authority, 94 CSR 7 ), is authorized with the following amendment:

     On pages one and two, section two, by striking out all of subsections 2.3 and 2.4 and inserting in lieu thereof two new subsections, designated subsections 2.3 and 2.4, to read a follows:

     2.3. The projected expenditure schedule will be divided by the previous fiscal year's billed average daily inmate population to yield the preliminary projected cost per inmate day. The West Virginia Regional Jail and Correctional Facility Board, established under W. Va. Code §31-20-3, shall evaluate the preliminary projected cost per inmate day to determine if reductions can be implemented based on other revenues, cash reserves, and cost efficiency efforts. The Board may reduce the preliminary projected cost per inmate day based on adopting a fiscally sound annual operating budget.

     2.4. The Board's approved cost per inmate day shall then become effective as of July 1st of the next fiscal year's budget following the October projection.


WVC 64 - 6 - 4 §64-6-4. Governor's Committee on Crime, Delinquency and Correction.

     The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section three, article twenty-nine, chapter thirty of this code, modified by the Governor's Committee on Crime, Delinquency and Correction to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on October 10, 2013, relating to the Governor's Committee on Crime, Delinquency and Correction (law enforcement training and certification standards, 149 CSR 2 ), is authorized.


WVC 64 - 6 - 5 §64-6-5. State Police.
The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section four, article two-b, chapter fifteen of this code, modified by the State Police to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of October, two thousand six, relating to the State Police (West Virginia DNA Data Bank, 81 CSR 9) is authorized.


WVC -7- ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO PROMULGATE LEGISLATIVE RULES.


WVC 64 - 7 - 1 §64-7-1. State Tax Department.

     (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section eleven-c, article ten, chapter eleven of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2013, relating to the State Tax Department (municipal sales and service and use tax administration, 110 CSR 28), is authorized.

     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section eleven, article three, chapter twenty-two of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2013, relating to the State Tax Department (special reclamation tax credit, 110 CSR 29), is authorized.

     (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section two-c, article three, chapter fifty of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2013, relating to the State Tax Department (withholding or denial of personal income tax refunds from taxpayers who owe municipal or magistrate court costs, 110 CSR 40), is authorized.


WVC 64 - 7 - 2 §64-7-2. Insurance Commissioner.

     (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article sixteen-h, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 1, 2013, relating to the Insurance Commissioner (utilization review and benefit determination, 114 CSR 95 ), is authorized with the following amendments:

     On page one, subsection 1.1., after the words "and benefit determinations" by inserting a comma;

     On page one, subsection 2.1., by striking out the word "healthcare" and inserting in lieu thereof the words "health care";

     On page two, subsection 2.6., after the word "specialty" by striking out the word "as" and inserting in lieu thereof the word "that";

     On page three, subsection 2.15., by striking out the word "no" and inserting in lieu thereof the word "not";

     On page three, subsection 2.16., by striking out the words "except as otherwise specifically exempted in this definition" and inserting in lieu thereof the words "but excluding the excepted benefits defined in 42 U.S.C. § 300gg-91 and as otherwise specifically excepted in this rule";

     On page five, subsection 2.17., by striking out the word "state" and inserting in lieu thereof the words "West Virginia";

     On page five, subsection 2.24., by striking out the word "in" and inserting in lieu thereof the word "an";

     On page six, subsection 2.28., by striking out the word "that" and inserting in lieu thereof the words "the one";

     On page six, subdivision 2.30.a., by striking out the words "the covered person's life, health or ability to regain maximum function or in the opinion of an attending health care professional with knowledge of the covered person's medical condition, would subject the covered person to severe pain that cannot be adequately managed without the health care service or treatment that is the subject of the request." and inserting in lieu thereof the words "the life or health of the covered person or the ability of the covered person to regain maximum function; or";

     On page six, after subdivision 2.30.a., by inserting a new subdivision, designated subdivision 2.30.b., to read as follows:

     2.30.b.   In the opinion of an attending health care professional with knowledge of the covered person's medical condition, would subject the covered person to severe pain that cannot be adequately managed without the health care service or treatment that is the subject of the request.;

     And by relettering the remaining subdivisions;

     On page six, subdivision 2.30.b., by striking out "2.30.a" and inserting in lieu thereof "2.30.d";

     On page eight, subsection 6.1., by striking out the words "an entity" and inserting in lieu thereof the words "a person";

     On page eight, subsection 6.1., after the word "Commissioner" by inserting the words "or by statute or legislative rule";

     On page nine, after paragraph 6.3.a.4., by inserting a new paragraph, designated paragraph 6.3.a.5., to read as follows:

     6.3.a.5.  For purposes of calculating the time period for refiling the benefit request or claim, the time period shall begin to run upon the covered person's receipt of the notice of opportunity to resubmit.;

     On page ten, subdivision 7.1.b., by striking out the words "a determination is required to be made under subsections 7.2 and 7.4" and inserting in lieu thereof the words "prospective and retrospective review determinations are required to be made";

     On page eleven, paragraph 7.1.e.1., after the word "number" by inserting the word "of";

     On page twelve, subdivision 7.2.b., by striking out the words "health carrier" and inserting in lieu thereof the word "issuer";

     On page fourteen, subdivision 7.3.c., by striking out the comma and the word "and";

     On page fifteen, subdivision 8.1.a., by striking out the words "health carrier" and inserting in lieu thereof the word "issuer";

     On page fifteen, after subdivision 8.1.b., by inserting a new paragraph, designated paragraph 8.1.b.1., to read as follows:

     8.1.b.1.  If the covered person has failed to provide sufficient information for the issuer to determine whether, or to what extent, the benefits requested are covered benefits or payable under the issuer's health benefit plan, the issuer shall notify the covered person as soon as possible, but in no event later than twenty-four (24) hours after receipt of the request, either orally or, if requested by the covered person, in writing of this failure and state what specific information is needed. The issuer shall provide the covered person a reasonable period of time to submit the necessary information, taking into account the circumstances, but in no event less than forty-eight (48) hours after notifying the covered person or the covered person's authorized representative of the failure to submit sufficient information.;

     And by renumbering the remaining paragraphs;

     On page seventeen, subparagraph 8.2.a.9.A., by striking out "8.2.a.8" and inserting in lieu thereof "8.2.a.7";

     On page seventeen, subparagraph 8.2.a.9.B., by striking out "subparagraph 8.2.a.9.A" and inserting in lieu thereof "paragraph 8.2.a.8";

     On page nineteen, subdivision 9.3.d., after the words "providers, paragraph" by striking out "9.3.c.3" and inserting in lieu thereof "9.3.c.1";

     On page nineteen, subdivision 9.3.d., after the words "amount in paragraph" by striking out "9.3.c.3" and inserting in lieu thereof "9.3.c.1";

     And,

     On page nineteen, paragraph 9.3.d.2., after the word "benefits" by adding a period.

     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article sixteen-h, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 1, 2013, relating to the Insurance Commissioner (health plan insurer internal grievance procedure, 114 CSR 96 ), is authorized with the following amendments:

     On page one, section two, by striking out the heading "§114- 96-1. Definitions." and inserting in lieu thereof the heading "§114-96-2. Definitions.";

     On page one, subsection 2.1., by striking out the word "healthcare" and inserting in lieu thereof the words "health care";

     On page one, subsection 2.1., after the word "terminated" by adding a period;

     On page two, subdivision 2.3.a., by striking out the word "external" and inserting in lieu thereof the word "internal";

     On page two, subdivision 2.3.c., after the word "professional" by adding a semicolon;

     On page two, subsection 2.6., by striking out the word "as" and inserting in lieu thereof the word "that";

     On page three, subsection 2.15., by striking out the word "no" and inserting in lieu thereof the word "not";

     On page four, subsection 2.18., by striking out the words "except as otherwise specifically exempted in this definition" and inserting in lieu thereof the words "but excluding the excepted benefits defined in 42 U.S.C. § 300gg-91 and as otherwise specifically excepted in this rule";

     On page five, subsection 2.19., by striking out the word "state" and inserting in lieu thereof the words "West Virginia";

     On page six, subsection 2.26., by striking out the word "in" and inserting in lieu thereof the word "an";

     On page seven, subsection 2.30., by striking out the word "that" and inserting in lieu thereof the words "the one";

     On page seven, subdivision 2.32.c., by striking out "2.35.b" and inserting in lieu thereof "2.32.d";

     On page nine, subsection 4.2., by striking out the words "subdivision a of";

     On page ten, subdivision 5.4.a., after "5.4.a." by striking out the period;

     On page eleven, after subdivision 5.6.c., by inserting a new subdivision, designated subdivision 5.6.d., to read as follows:

     5.6.d. The issuer shall make the provisions of subsection 5.4 known to the covered person within three working days after the date of receipt of the grievance.;

     On page thirteen, subdivision 5.8.g., by striking out the word "upholds" and inserting in lieu thereof the word "denies";

     On page thirteen, paragraph 5.8.g.4., after the word "either" by inserting the word "the";

     On page thirteen, paragraph 5.8.g.5., after the word "circumstances" by inserting a comma;

     On page thirteen, paragraph 5.8.g.5., by striking out the word "provide" and inserting in lieu thereof the word "provided";

     On page thirteen, subparagraph 5.8.g.6.A., by striking out "5.4.g.4" and inserting in lieu thereof "5.8.g.4";

     On page thirteen, subparagraph 5.8.g.6.B., by striking out "5.4.g.5" and inserting in lieu thereof "5.8.g.5";

     On page thirteen, by striking out paragraph 5.8.h.1. in its entirety;

     On page fourteen, by striking out paragraph 5.8.h.2. in its entirety;

     And by renumbering the remaining paragraphs;

     On page fourteen, paragraph 5.8.h.3., by striking out "if the covered person decides not to file for an additional voluntary review of the first level review decision involving an adverse determination";

     On page fourteen, paragraph 5.9.a.3., after the words "notices" by striking out the comma;

     On page fifteen, subdivision 6.4.b., after "6.4.b." by striking out the period;

     On page sixteen, subdivision 6.5.d., after the semicolon by adding the word "and";

     On page sixteen, by striking out subdivision 6.5.e. in its entirety;

     And by relettering the remaining subdivision;

     On page sixteen, by striking out paragraphs 6.5.e.1 and 6.5.e.2 in their entirety;

     On page sixteen, subsection 7.2., by striking out "5.1" and inserting in lieu thereof "7.1";

     On page eighteen, subparagraph 7.8.a.7.A., after the words "as well as" by inserting the word "a";

     On page eighteen, subparagraph 7.8.a.7.A., after the word "reaching" by inserting the word "the";

     On page nineteen, subparagraph 7.8.a.7.E., after the word "circumstances" by inserting a comma;

     On page nineteen, part 7.8.a.7.F.3., after the word "et" by striking out the period;

     On page nineteen, part 7.8.a.7.F.6., after the word "claim" by inserting a comma;

     And,

     On page twenty, after subparagraph 7.8.b.1.B., by inserting a new subparagraph, designated subparagraph 7.8.b.1.C., to read as follows:

     7.8.b.1.C. Include in the English versions of all notices a statement prominently displayed in any applicable non-English language clearly indicating how to access the language services provided by the carrier.

     (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article sixteen-h, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 1, 2013, relating to the Insurance Commissioner (external review of adverse health insurance determinations, 114 CSR 97 ), is authorized with the following amendments:

     On page one, subsection 2.1., after the word "terminated" by adding period;

     On page two, subdivision 2.3.c., after the word "professional" by adding a semicolon;

     On page two, subdivision 2.4.c., by striking out "2.4a and 2.4b" and inserting in lieu thereof "2.4.a and 2.4.b";

     On page two, subdivision 2.4.d., by striking out "2.4a, 2.4b and 2.4c" and inserting in lieu thereof "2.4.a, 2.4.b and 2.4.c";

     On page three, subsection 2.7., after the word "Commissioner" by adding a period;

     On page three, subsection 2.12., after the words "Emergency medical condition" by striking out the single quotation mark and inserting in lieu thereof a double quotation mark;

     On page four, subsection 2.17., by striking out the words "except as otherwise specifically exempted in this definition" and inserting in lieu thereof the words "but excluding the excepted benefits defined in 42 U.S.C. § 300gg-91 and as otherwise specifically excepted in this rule";

     On page eight, subsection 3.1., by striking out the words "A written" and inserting in lieu thereof the words "An issuer shall notify the covered person in writing of the covered person's right to request an external review. Such a written";

     On page eight, subdivision 3.1.c., by striking out the words "subsection 15.1" and inserting in lieu thereof the words "section 14";

     On page nine, paragraph 3.1.e.1., before the words "would seriously" by striking out the comma;

     On page nine, paragraph 3.1.f.1., after the word "life" by striking out the comma and inserting in lieu thereof the words "or health or";

     On page ten, subsection 5.3., by striking out the words "expedited review of a grievance involving an adverse determination" and inserting in lieu thereof the words "expedited internal review of a grievance involving an adverse determination pursuant to W. Va. Code of St. R. §114-96";

     On page ten, subdivision 5.3.a., after the word "Code" by inserting the word "of";

     On page eleven, subsection 6.2., after the word "consideration" by striking out the word "on" and inserting in lieu thereof the word "of";

     On page twelve, subdivision 6.5.a, by striking out the words "two business days" and inserting in lieu thereof the words "one business day";

     On page thirteen, subdivision 6.6.d., by striking out the word "internal" and inserting in lieu thereof the word "independent";

     On page thirteen, subsection 6.8., after the words "receipt of the request for an external review" by inserting the words "and no later than one business day after making the decision";

     On page seventeen, subdivision 8.5.b., after "8.5.b." by striking out the period;

     On page seventeen, subdivision 8.5.c., by striking out "8.8" and inserting in lieu thereof "8.9";

     On page eighteen, subsection 8.6., after "IRO" by striking out the comma;

     On page eighteen, subdivision 8.6.a., by striking out the word "dely" and inserting in lieu thereof the word "delay";

     On page nineteen, paragraph 8.9.a.2., after the words "services or treatments" by inserting the words "would not be substantially increased over those of available standard health care services or treatments";

     On page twenty, subdivision 8.11.b., by striking out "8.12.d" and inserting in lieu thereof "8.11.d";

     On page twenty-one, subdivision 8.11.c., after "8.11.c", by inserting a period;

     On page twenty-one, subdivision 8.11.d., after "8.11.d", by inserting a period;

     On page twenty-one, paragraph 8.11.d.1., after "8.11.d.1", by inserting a period;

     On page twenty-one, paragraph 8.11.d.2., after "8.11.d.2", by inserting a period;

     On page twenty-one, paragraph 8.11.d.3., after "8.11.d.3", by inserting a period;

     On page twenty-one, paragraph 8.11.d.3., by striking the words "pursuant to subdivision 8.11.a";

     On page twenty-two, subsection 8.12., by striking out the word "amount" and inserting in lieu thereof the word "among";

     On page twenty-three, subdivision 9.2.f., after the word "parties" by striking out the comma;

     On page twenty-three, paragraph 9.2.f.1., after "IRO" by striking out the comma and the words "except that a party that unreasonably refuses to stipulate to limit the record may be taxed by the court for the additional costs involved";

     On page twenty-four, subsection 10.2, by striking out the word "as" and inserting in lieu thereof a comma;

     On page twenty-five, subdivision 10.4.c., by striking out subdivision 10.4.c. in its entirety;

     On page twenty-seven, paragraph 11.4.a.2., after the word "review" by inserting a comma and the words "any known close relative of the covered person,";

     On page twenty-seven, after paragraph 11.4.a.3., by inserting two new paragraphs, designated paragraph, 11.4.a.4. and 11.4.a.5., to read as follows:

     11.4.a.4. Any administrator, fiduciary, employee or sponsor of an employee welfare benefit plan as defined in 29 U.S.C. 1002(1), if any, under which the covered person's request for external review arises;

     11.4.a.5. A trade association of group health plans or issuers, or a trade association of health care providers;

     And by renumbering the remaining paragraphs;

     On page twenty-seven, subdivision 11.4.b., by striking out all of subdivision 11.4.b. and inserting in lieu thereof a new subdivision, designated subdivision 11.4.b., to read as follows:

     11.4.b. In determining whether an IRO or a clinical reviewer of the IRO has a material professional, familial or financial conflict of interest for purposes of subdivision 11.4.a, the Commissioner may disregard the mere appearance of a conflict of interest.;

     On page twenty-eight, section twelve, by striking out section twelve in its entirety;

     And by renumbering the remaining sections;

     On page twenty-eight, subsection 13.1., by striking out "13.1.a" and inserting in lieu thereof "12.1.a"

     On page twenty-nine, paragraph 13.2.b.2., by striking out "paragraph 13.2.b.2" and inserting in lieu thereof "paragraph 12.2.b.1";

     On page thirty, subsection 15.2, by striking out "15.1" and inserting in lieu thereof "14.1";

     On page thirty, subsection 15.3, by striking out "15.2" and inserting in lieu thereof "14.2";

     And,

     On page thirty, after subsection 15.3, by adding a new section, designated section fifteen, to read as follows:

     §114-97-15. Penalties. Any issuer failing to comply with the requirements of this rule is subject to the penalties prescribed in W. Va. Code §33-3-11.


WVC 64 - 7 - 3 §64-7-3. Alcohol Beverage Control Commission.

     (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section ten, article seven, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Alcohol Beverage Commission (private club licensing, 175 CSR 2 ), is authorized.

     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section sixteen, article two, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Alcohol Beverage Commission (farm wineries, 175 CSR 3), is authorized.

     (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section twenty-three, article eight, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Alcohol Beverage Commission (sale of wine, 175 CSR 4 ), is authorized.

     (d) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section twenty-two, article sixteen, chapter eleven of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Alcohol Beverage Commission (nonintoxicating beer licensing and operations procedures, 176 CSR 1), is authorized.


WVC 64 - 7 - 4 §64-7-4. Racing Commission.

     The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Racing Commission (thoroughbred racing, 178 CSR 1 ), is authorized with the following amendment:

     On page fifteen, subsection 8.5.b., line twenty-two, following the words "stewards shall have authority to" by striking the word "charge", and inserting in lieu thereof "issue a ruling citing"; and

     On page eighteen, subsection 9.2., line six, following the words "health certificates", by striking the word "Coggins" and inserting in lieu thereof "current negative Coggins test for equine infectious anemia (EIA)".


WVC 64 - 7 - 5 §64-7-5. State Tax Department.

     The legislative rule filed in the State Register on August 30, 2012, authorized under the authority of section five, article one- c, chapter eleven of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 6, 2012, relating to the State Tax Department (valuation of commercial and industrial real and personal property for ad valorem property tax purposes, 110 CSR 1P), is authorized, with the following amendments:

     On page one, subsection 1.1, beginning on line ten, by striking out subsection 1.1 in its entirety and inserting in lieu thereof the following:

     "1.1 Scope. - These regulations clarify and implement State law as it relates to the appraisal at market value of commercial and industrial real and personal property under W. Va. Code §11- 10C-10. Because these regulations provide context modifications of relevant parts of 110 C.S.R. 1 and such regulations with context modifications were adopted by the Tax Commissioner through inclusion in the valuation plan required by W. Va. Code §11-1C-10(e), W. Va. Code §11-1C-5(b) eliminated the requirement that this filing be subject to the proceeding requirements of W. Va. Code §29A-3-1 et seq.";

     And,

     On page two, subsection 2.14, line twenty-four, following the words "remaining in", by striking out the words "the landlord" and inserting in lieu thereof the word "one".
WVC 64 - 7 - 6 §64-7-6. Athletic Commission.

     The legislative rule filed in the State Register on July 28, 2011, authorized under the authority of section three-a, article five-a, chapter twenty-nine of this code, modified by the Athletic Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 6, 2012, relating to the Athletic Commission (mixed martial arts, 177 CSR 2 ), is authorized, with the following amendments:

     On pages three and four, §177-2.5., by striking out all of §177-2.5. and inserting in lieu thereof a new §177-2.5., to read as follows:

     "§177-2.5. Venues must have a minimum seating capacity of 2,500 and video replay capabilities in good working order. However, the Commission may waive the minimum seating capacity requirement. Venues with a seating capacity of 3,500 or more must have a minimum of four video monitors displaying a continuous live feed of the match for the spectators; venues with a maximum seating capacity of 3,499 or less must have at least two monitors displaying a continuous live feed of the match for the spectators. All such video monitors must be a minimum of six feet by six feet. No event shall take place until the venue has been approved by the commission.";

     On page twelve, subsection 29.5., by striking out all of subsection 29.5. and inserting in lieu thereof a new subsection 29.5., to read as follows:

     "29.5. Prohibition of certain dressings. - No second shall be permitted to use grease or any other substances on the body of a contestant. The use of petroleum jelly in corners is not allowed except in the use of stopping blood and on cuts. Petroleum jelly, or other substances approved by the commission, may be used in between rounds in the use of stopping blood and on cuts and only in the presence of a representative of the commission. The use of drugs, alcohols or stimulants during a match by any contestant is adequate cause for revoking license.";

     On page twenty, subsection 41.1., by striking out all of subsection 41.1. and inserting in lieu thereof a new subsection 41.1., to read as follows:

     "41.1. Matches may take place in a cage or ring that has been approved by the commission. The cage or ring shall meet the requirements set forth by the commission and is subject to inspection prior to each match by a commission representative such as a referee.";

     On page twenty-one, subsection 41.3., by striking out all of subsection 41.3. and inserting in lieu thereof a new subsection 41.3., to read as follows:

     "41.3. The commission shall determine all seating arrangements at cage side necessary to effectuate the match. A promoter may submit a proposed seating arrangement to the commission one week before the event.";

     And,

     On page twenty-one, after subsection 41.3., by inserting a new subsection, designated subsection 41.4., to read as follows:

     41.4. Ring - The ring specifications shall meet the following requirements:

     41.4.a. The ring shall be no smaller than twenty feet square and larger than thirty-two feet square within the ropes. One corner shall have a red designation and the corner directly opposite shall have a blue designation.

     41.4.b. The floor must extend at least eighteen inches beyond the ropes. The ring floor must be padded in a manner as approved by the commission, with at least one inch layer of foam padding. No vinyl or other plastic rubberized cover shall be permitted. The fighting area canvas shall not be more than four feet above the floor of the building and shall have suitable steps or ramp for use by the participants.

     41.4.c. Ring posts must be made of metal, not more than three inches in diameter, extending from the floor of the building to a minimum height of fifty-eight inches above the ring floor, and must be properly padded in a manner approved by the commission. Ring posts must be at least eighteen inches away from the ring ropes.

     41.4.d. There must be five ring ropes, not less than one inch in diameter and wrapped in soft material. The lowest ring rope must be twelve inches above the ring floor.

     41.4.e. There must not be any obstruction or object, including, without limitation, a triangular border, on any part of the ring floor".
WVC 64 - 7 - 7 §64-7-7. Directors of the West Virginia Health Insurance Plan.

     The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand eleven, authorized under the authority of section seven-b, article forty-eight, chapter thirty-three, of this code, relating to the Board of Directors of the West Virginia Health Insurance Plan (premium subsidy, 113 CSR 1), is authorized.
WVC -8- ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.


WVC 64 - 8 - ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.
WVC 64 - 8 - 1 §64-8-1. Office of Administrative Hearings.

     The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four-a, article five-c, chapter seventeen-c of this code, modified by the Office of Administrative Hearings to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 19, 2013, relating to the Office of Administrative Hearings (appeal procedures, 105 CSR 1), is authorized.


WVC 64 - 8 - 2 §64-8-2. Commissioner of the Division of Highways.

     The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section seven, article eighteen, chapter twenty-two of this code, relating to the Commissioner of the Division of Highways (transportation of hazardous wastes upon the roads and highways, 157 CSR 7 ), is authorized.


WVC 64 - 8 - 3 §64-8-3. Office of Administrative Hearings.

     The legislative rule filed in the State Register on August 30, 2012, authorized under the authority of section four-a, article five-c, chapter seventeen-c of this code, relating to the Office of Administrative Hearings (appeal procedures, 105 CSR 1), is authorized with the following amendments:

     On page two, subsection 4.2., by striking out the words "an address" and inserting in lieu thereof the words "the most recent address";

     On page three, subsection 5.5., by striking out the word "proceedings" and inserting in lieu thereof the word "action";

     On page four, subsection 7.1., after the words "within thirty (30)" by inserting the word "calendar";

     On page four, subsection 7.1., after the words "necessary for proof of" by inserting the words "the filing of";

     On page five, subsection 7.7., after the words "DUI case" by inserting the words "or any other contested case";

     On page five, subsection 8.5., by striking out the word "on" and inserting in lieu thereof the word "to";

     On page seven, subsection 10.6., by striking out the words "anticipated plea,";

     On page eight, subsection 10.6., by striking out the word "received" and inserting in lieu thereof the word "receive";

     On page eight, subsection 10.6., by striking out the words "cancelled or continued" and inserting in lieu thereof the words "cancels or continues";

     On page eight, subsection 11.1., by striking out the word "submission" and inserting in lieu thereof the word "production";

     On page eleven, subsection 15.8., by striking out the word "seven (7)" and inserting in lieu thereof the word "ten (10) ";

     And,

     On page twelve, subsection 17.5., by striking out "appeals a final order, the appealing" and inserting in lieu thereof "petitions a court for judicial review of a final order, the petitioning".
WVC 64 - 9 - ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.
WVC 64 - 9 - 1 §64-9-1. Municipal Pensions Oversight Board.

     The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section eighteen-a, article twenty-two, chapter eight of this code, modified by the Municipal Pensions Oversight Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 25, 2013, relating to the Municipal Pensions Oversight Board (policemen's and firemen's pensions disability calculation, 211 CSR 1 ), is authorized.


WVC 64 - 9 - 2 §64-9-2. Real Estate Commission.

     (a) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section eight, article forty, chapter thirty of this code, modified by the Real Estate Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 3, 2013, relating to the Real Estate Commission (requirements in licensing real estate brokers, associate brokers and salespersons and the conduct of brokerage business, 174 CSR 1 ), is authorized.

     (b) The legislative rule filed in the State Register on June 24, 2013, authorized under the authority of section eight, article forty, chapter thirty of this code, modified by the Real Estate Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 12, 2013 relating to the Real Estate Commission (schedule of fees, 174 CSR 2 ), is authorized.


WVC 64 - 9 - 3 §64-9-3. State Election Commission.

     The legislative rule filed in the State Register on July 11, 2013, authorized under the authority of section fourteen, article twelve, chapter three of this code, modified by the State Election Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 6, 2013, relating to the State Election Commission (West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program, 146 CSR 5 ), is authorized.


WVC 64 - 9 - 4 §64-9-4. Real Estate Appraiser Licensing and Certification   Board.

     (a) The legislative rule filed in the State Register on February 4, 2014, authorized under the authority of section nine, article thirty-eight, chapter thirty of this code, relating to the Real Estate Appraiser Licensing and Certification Board (requirements for licensure and certification, 190 CSR 2 ), is authorized with the following amendment:

     On page thirty-two, by striking out the words "10.2.p. One roster: thirty-five dollars ($35); Roster subscription fee:;" and inserting in lieu thereof the following:

     10.2.q. One roster: thirty-five dollars ($35); 10.2.r. Roster subscription fee: fifty dollars ($50);

     And by relettering the remaining subdivisions.

     On page 43, subdivision 11.8.b, line one, by striking out the words and date "Effective January 1, 2015" and on line four after after the words certification number" and the period, by striking out the words and date "Effective January 1, 2015".

     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section nine, article thirty-eight, chapter thirty of this code, modified by the Real Estate Appraiser Licensing and Certification Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 23, 2013, relating to the Real Estate Appraiser Licensing and Certification Board (renewal of licensure or certification, 190 CSR 3 ), is authorized, with the following amendments:

     On page 1, subsection 1.3, after the words "Filing Date. --" by striking out the word "April";

     On page 1, subsection 1.4, after the words "Effective Date. --" by striking out the word "April";

     On page 1, subsection 2.3, after the words "each 60" by striking out the words "minute segment of instruction" and inserting in lieu thereof the words "minutes actual classroom instruction";

     On page 1, underlined subsection 2.7, after the words "W. Va. Code" by striking the words "§30-38 et seq." and inserting in lieu thereof the words "§30-38-1 et seq." and after the words "Requirements for Licensure and Certification" by striking out the reference "190CSR2, subdivision 11.2" and inserting in lieu thereof the reference "190CSR2, subsection 11";

     On page 2, section 3.2, by underlining the words "License renewals are due 30 days prior to September 30" and after the words "delinquent license fee" by inserting the words "pursuant to 190 CSR 2";

     On page 2, subsection 4.1, after the words "classroom hours" by inserting the words "or classroom hours of distance education" and after the words "renewal term" by inserting the words": Provided, That with the exception of the 7-hour USPAP course, no credit shall be awarded for completion of a continuing education course on the same topic more than once every three (3) years";

     On page 2, paragraph 4.1.b.2, after the word "Arbitration" by underlining the comma and space;

     On page 3, subsection 4.2, by removing the underlining of "4.2" and by striking out the words "Beginning in 2015" and inserting in lieu thereof the words "Effective January 1, 2015";

     On page 3, after subsection 4.4, by inserting a new subsection "4.5. The board may grant credit for up to seven (7) hours of a licensee's continuing education requirement to teachers of appraisal courses which the board has approved and for which the board grants credit." and by renumbering the following subsection;

     And,

     On page 4, subsection 5.4, by striking out the words "subdivisions 5.1.g., 6.1.h., or 6.1.i.,".


WVC 64 - 9 - 5 §64-9-5. Massage Therapy Licensure Board.

     The legislative rule filed in the State Register on July 23, 2013, authorized under the authority of section seven, article thirty-six, chapter thirty of this code, relating to the Massage Therapy Licensure Board (schedule of fees, 194 CSR 4 ), is authorized.


WVC 64 - 9 - 6 §64-9-6. Treasurer's Office.

     (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section two, article two, chapter twelve of this code, relating to the Treasurer's Office (procedure for deposit of funds in the Treasurer's Office by state agencies, 112 CSR 1 ), is repealed.

     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section two, article two, chapter twelve of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 12, 2013, relating to the Treasurer's Office (procedure for deposit of monies with the Office by state agencies, 112 CSR 4 ), is authorized.

     (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section two, article one, chapter twelve of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 12, 2013, relating to the Treasurer's Office (selection of state depositories for disbursement accounts through competitive bidding, 112 CSR 6 ), is authorized.

     (d) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section two, article one, chapter twelve of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 12, 2013, relating to the Treasurer's Office (selection of state depositories for receipt accounts, 112 CSR 7 ), is authorized.

     (e) The legislative rule filed in the Office of the Secretary of State and made effective May 7, 1998, authorized under the authority of section four, article six-b, chapter twelve of this code, relating to the Treasurer's Office (rules for the reporting of debt capacity, 112 CSR 9), and pursuant to the proposal to repeal the same filed in the Office of the Secretary of State on July 26, 2013, is repealed.

     (f) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section seven, article six-a, chapter twelve of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 13, 2013, relating to the Treasurer's Office (reporting debt, 112 CSR 10 ), is authorized, with the following amendments:

     On page two, following subsection 2.2, beginning on line seven, by inserting a new subsection 2.3 to read as follows:

     "2.3. "Division" means the Division of Debt Management in the office of the State Treasurer.", and by redesignating the remaining subsections accordingly;

     And,

     On page six, subsection 7.1, line twenty-eight, following the word "June" and the number "30" by inserting the words "of the next preceding fiscal year".

     (g) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section six, article three-a, chapter thirteen of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 15, 2013, relating to the Treasurer's Office (procedures for fees in collections by charge, credit or debit card or by electronic payment, 112 CSR 12 ), is authorized, with the following amendment:

     On page four, subsection 5.5, beginning on line nineteen, following the words "timely or", by striking out the words "if the spending unit has not been authorized to collect convenience fees".

     (h) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section six, article three-a, chapter twelve of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 12, 2013, relating to the Treasurer's Office (providing services to political subdivisions, 112 CSR 13 ), is authorized, with the following amendments:

     On page two, subsection 2.5, line two, following the words "the unpaid balance", by striking out the words the remainder of the sentence;

     On page three, subsection 2.16, line one, by striking out the words "spending unit or";

     And,

     On page three, subsection 2.23, by striking out the subsection in its entirety and re-designating the remaining subsection accordingly.


WVC 64 - 9 - 7 §64-9-7. Bureau of Senior Services.

     The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section fifteen, article five-p, chapter sixteen of this code, relating to the Bureau of Senior Services (In-home Care Worker Registry, 76 CSR 2 ), is authorized with the following amendment:

     On page three, section 7, by striking out all of subsection 7.3.


WVC 64 - 9 - 8 §64-9-8. Commissioner of Agriculture.

     (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section five, article two, chapter nineteen of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 30, 2013, relating to the Commissioner of Agriculture (schedule of charges for inspection services: fruit, 61 CSR 8B ), is authorized.

     (b) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section five, article two-c, chapter nineteen of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on October 2, 2013, relating to the Commissioner of Agriculture (auctioneers, 61 CSR 11B ), is authorized.

     (c) The legislative rule filed in the State Register on July 23, 2013, authorized under the authority of section three, article two-b, chapter nineteen of this code, relating to the Commissioner of Agriculture (inspection of meat and poultry, 61 CSR 16 ), is authorized with the following amendment:

     §16-16-9. Poultry Exemptions.

     9.1. A poultry producer who otherwise meets the requirements of the exemption for poultry producers that slaughter or process 20,000 or fewer birds per calendar year under the federal Poultry Products Inspection Act, 21 U. S. C. 464(c)(3), may not keep a poultry flock of more than 3,000 birds at any one time.


WVC 64 - 9 - 9 §64-9-9. Board of Examiners for Speech-Language Pathology and Audiology.

     (a) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section seven, article thirty-two, chapter thirty of this code, modified by the Board of Examiners for Speech-Language Pathology and Audiology to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 18, 2013, relating to the Board of Examiners for Speech-Language Pathology and Audiology (licensure of speech-pathology and audiology, 29 CSR 1 ), is authorized.

     (b) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section seven, article thirty-two, chapter thirty of this code, modified by the Board of Examiners for Speech-Language Pathology and Audiology to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2013, relating to the Board of Examiners for Speech-Language Pathology and Audiology (speech-language pathology and audiology assistants, 29 CSR 2 ), is authorized, with the following amendment:

     On page 1, subsection 2.3, at the beginning of the subsection, by striking out the words "Indirect/General supervision: Indirect/General" and inserting in lieu thereof the words "Indirect supervision: Indirect";

     On page 1, after subsection 2.6, by adding a new subsection 2.7, to read as follows:

     "2.7. Medically fragile patient/client: A medically fragile patient/client means a patient/client who has any condition that interferes with the airway, breathing, and/or circulatory system.",

     And by renumbering the remaining subsections accordingly;

     On page 2, subsection 4.1, subdivision (f), at the beginning of subsection (f), by restoring the stricken first sentence;

     On page 3, subsection 4.1, subdivision (h), by striking out said subdivision (h) and inserting a new subdivision (h) to read as follows:

     "(h) Provide 20% direct supervision and 10% indirect supervision for the first ninety (90) days, and thereafter ensure that he or she has direct contact with each patient/client at least once for every two weeks of treatment provided: Provided, That supervisors shall provide 100% direct supervision of an assistant who is providing treatment to a medically fragile patient/client.";

     On page 3, subsection 4.1, subdivision (o), after the words "ethical responsibility" by striking out the words "patient/client services provided or omitted"; and

     On page 3, subsection 4.1, subdivision (u), by striking out subdivision (u) in its entirety and inserting in lieu thereof a new subdivision (u) to read as follows:

     "(u) Accurately document all direct and indirect supervisory activities on forms prescribed by the board, and submit the same annually upon application for renewal of registration".

     (c) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section seven, article thirty-two, chapter thirty of this code, modified by the Board of Examiners for Speech-Language Pathology and Audiology to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2013, relating to the Board of Examiners for Speech-Language Pathology and Audiology (disciplinary and complaint procedures for speech-language pathology and audiology, 29 CSR 4 ), is authorized.

     (d) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section seven, article thirty-two, chapter thirty of this code, relating to the Board of Examiners for Speech-Language Pathology and Audiology (code of ethics, 29 CSR 5 ), is authorized.


WVC 64 - 9 - 10 §64-9-10. Board of Chiropractic Examiners.

     (a) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section five, article sixteen, chapter thirty of this code, modified by the Board of Chiropractic Examiners to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on December 12, 2013, relating to the Board of Chiropractic Examiners (regulation of chiropractic practice, 4 CSR 1 ), is authorized, with the following amendment:

     On page 4, subsection 6.4, after the words "is prohibited" by striking out the words "as outlined in W. Va. Code § 30-16-20".

     (b) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section five, article sixteen, chapter thirty of this code, relating to the Board of Chiropractic Examiners (fees pertaining to the practice of chiropractic, 4 CSR 6 ), is authorized.


WVC 64 - 9 - 11 §64-9-11. Board of Dental Examiners.

     (a) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section six, article four, chapter thirty of this code, relating to the Board of Dental Examiners (rule for the West Virginia Board of Dental Examiners, 5 CSR 1 ), is authorized.

     (b) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section one thousand three hundred four, article thirteen, chapter thirty-one-b of this code, relating to the Board of Dental Examiners (formation and approval of professional limited liability companies, 5 CSR 2 ), is authorized.

     (c) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section six, article four, chapter thirty of this code, modified by the Board of Dental Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 22, 2013, relating to the Board of Dental Examiners (fees established by the Board, 5 CSR 3 ), is authorized, with the following amendment:

     On page 1, subsection 2.4, by striking out said subsection 2.4 in its entirety and re-designating the remaining subsections accordingly.

     (d) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section six, article four, chapter thirty of this code, relating to the Board of Dental Examiners (formation and approval of dental corporations; and dental practice ownership, 5 CSR 6 ), is authorized.

     (e) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section six, article four, thirty of this code, relating to the Board of Dental Examiners (dental advertising, 5 CSR 8 ), is authorized.

     (f) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section five-a, article nine, chapter sixty-a of this code, modified by the Board of Dental Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Board of Dental Examiners (practitioner requirements for accessing the West Virginia controlled substances monitoring program database, 5 CSR 10 ), is authorized.

     (g) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section six, article four, chapter thirty of this code, relating to the Board of Dental Examiners (continuing education requirements, 5 CSR 11 ), is authorized.

     (h) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section six, article four, chapter thirty of this code, relating to the Board of Dental Examiners (administration of anesthesia by dentists, 5 CSR 12 ), is authorized.

     (i) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section six, article four, chapter thirty of this code, relating to the Board of Dental Examiners (expanded duties of dental hygienists and dental assistants, 5 CSR 13 ), is authorized.

     (j) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section six, article four, chapter thirty of this code, modified by the Board of Dental Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 22, 2013, relating to the Board of Dental Examiners (mobile dental facilities and portable dental units, 5 CSR 14 ), is authorized, with the following amendments:

     On page 1, subsection 2.2, after the words "American Dental Association" by striking out the words "beginning not later than one year of age";

     On page 1, subsection 2.4, after the words "to employ" by inserting the words "or contract with";

     On page 2, subsection 4.4, subdivision (a), after the words "telephone number of each" by striking out the words "dentist or dental hygienist" and inserting in lieu thereof the words "dentist, dental hygienist or operator";

     On page 3, subsection 4.4, subdivision (g), after the words "statement that the applicant" by striking out the word "posses" and inserting in lieu thereof the word "possesses"; and

     On page 7, subsection 8.3, after the words "written report for the" by striking out the word "proceeding" and inserting in lieu thereof the word "preceding".


WVC 64 - 9 - 12 §64-9-12. State Board of Examiners for Licensed Practical     Nurses.

     (a) The legislative rule filed in the State Register on April 29, 2013, authorized under the authority of section six, article seven-a, chapter thirty of this code, modified by the State Board of Examiners for Licensed Practical Nurses to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on October 1, 2013, relating to the State Board of Examiners for Licensed Practical Nurses (policies regulating licensure of the licensed practical nurse, 10 CSR 2 ), is authorized, with the following amendment:

     On page 1, subdivision 2.1.c., after the citation "10 CSR 1" by striking out the words "or a board approved program from another US jurisdiction' and inserting in lieu thereof the words "program approved by a board that licenses Licensed Practical Nurses in another state or US territory.".

     (b) The legislative rule filed in the State Register on April 29, 2013, authorized under the authority of section seven, article seven-a, chapter thirty of this code, modified by the State Board of Examiners for Licensed Practical Nurses to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on July 26, 2013, relating to the State Board of Examiners for Licensed Practical Nurses (fees for services rendered by the Board and supplemental renewal fee for the Center for Nursing, 10 CSR 4 ), is authorized.

     (c) The legislative rule filed in the State Register on April 29, 2013, authorized under the authority of section five, article seven-a, chapter thirty of this code, modified by the State Board of Examiners for Licensed Practical Nurses to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on September 4, 2013, relating to the State Board of Examiners for Licensed Practical Nurses (continuing competence, 10 CSR 6 ), is authorized.


WVC 64 - 9 - 13 §64-9-13. Board of Pharmacy.

     (a) The legislative rule filed in the State Register on October 18, 2013, authorized under the authority of section seven, article five, chapter thirty of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 20, 2013, relating to the Board of Pharmacy (continuing education for licensure of pharmacists, 15 CSR 3 ), is authorized, with the following amendment:

     On page 2, subsection 2.9, after the words "National Association of Boards of Pharmacy" by adding the words "(NABP) and".

     (b) The legislative rule filed in the State Register on October 18, 2013, authorized under the authority of section six, article nine, chapter sixty-a of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 20, 2013, relating to the Board of Pharmacy (controlled substances monitoring, 15 CSR 8 ), is authorized.


WVC 64 - 9 - 14 §64-9-14. Sanitarians.

     The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section six, article seventeen, chapter thirty of this code, relating to the Board of Board of Sanitarians (practice of public health sanitation, 20 CSR 4 ), is authorized.


WVC 64 - 9 - 15 §64-9-15. Board of Professional Surveyors.

     The legislative rule filed in the State Register on July 23, 2013, authorized under the authority of section six, article thirteen-a, chapter thirty of this code, relating to the Board of Professional Surveyors (examination and licensing of professional surveyors in West Virginia, 23 CSR 1 ), is authorized.


WVC 64 - 9 - 16 §64-9-16. Board of Veterinary Medicine.

     (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section six, article ten, chapter thirty of this code, modified by the Board of Veterinary Medicine to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Board of Veterinary Medicine (registration of veterinary technicians, 26 CSR 3 ), is authorized.

     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section six, article ten, chapter thirty of this code, relating to the Board of Veterinary Medicine (certified animal euthanasia technicians, 26 CSR 5 ), is authorized.

     (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section six, article ten, chapter thirty of this code, modified by the Board of Veterinary Medicine to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Board of Veterinary Medicine (schedule of fees, 26 CSR 6 ), is authorized.


WVC 64 - 9 - 17 §64-9-17. Infrastructure and Jobs Development Council.

     The legislative rule filed in the State Register on July 9, 2013, authorized under the authority of section four, article fifteen-a, chapter thirty-one of this code, modified by the Infrastructure and Jobs Development Council to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on July 29, 2013, relating to the Infrastructure and Jobs Development Council (Infrastructure and Jobs Development Council, 167 CSR 1 ), is authorized.


WVC 64-10- ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.


WVC 64 - 10 - 1 §64-10-1. Office of Miners' Health, Safety and Training.

     (a) The legislative rule filed in the State Register on March 26, 2013, authorized under the authority of section six, article one, chapter twenty-two-a of this code, relating to the Office of Miners' Health, Safety and Training (assessing health and safety violation penalties, 56 CSR 12 ), is authorized.

     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section four, article one, chapter twenty-two-a of this code, relating to the Office of Miners' Health, Safety and Training (program for the sharing of information between employers, 56 CSR 18 ), is authorized.

     (c) The legislative rule filed in the State Register on March 26, 2013, authorized under the authority of section fourteen, article six, chapter twenty-two-a of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 20, 2013, relating to the Office of Miners' Health, Safety and Training (substance abuse screening, standards and procedure, 56 CSR 19 ), is authorized with the following amendments:

     On page two, after subsection 3.7, by inserting a new subsection, designated subsection 3.8, to read as follows:

     3.8. Duly licensed, mental health professional. The term "duly licensed, mental health professional" means a psychiatrist, psychologist, professional counselor or substance abuse counselor in the United States who is licensed by, and in good standing with, the licensing authority of the jurisdiction in which the person practices.;

     And by renumbering the remaining subsections;

     On page four, subsection 3.17, by striking out the word "accidents" and inserting in lieu thereof the word "accident";

     On page six, by striking out all of subsection 4.7 and inserting in lieu thereof a new subsection, designated subsection 4.7, to read as follows:

     4.7. Any applicant, who is adversely affected by a decision of the Director following a hearing on an application for safety- sensitive certification, may petition for judicial review of the Director's decision in the Circuit Court of Kanawha County or in the circuit court of the county in which the applicant resides, pursuant to the provisions of W. Va. Code § 29A-5-4.;

     On page six, subsection 4.8, by striking out the word "shall" and inserting in lieu thereof the word "may";

     On page six, subsection 5.2, by striking out subsection 5.2 in its entirety and inserting in lieu thereof, a new subsection 5.2 to read as follows:'Every employer's program shall at a minimum comply with all state mine laws relevant to substance abuse screening, standards and procedures.";

     On page seven, subdivision 5.3.5, by striking out the word "Pphencyclidine" and inserting in lieu thereof the word "Phencyclidine";

     On page eight, subsection 5.5, by striking out "5.5" and inserting in lieu thereof "5.6";

     And by renumbering the remaining subsections;

     On page nine, subsection 5.11, by striking out the subsection in its entirety, and inserting in lieu thereof a new subsection 5.11., as follows:

     "5.11 Every employer shall notify the director, on a form prescribed by the director, within seven (7) days of any of the following:

     5.11.a A positive drug or alcohol test of a certified person, whether it be a pre-employment test, random test, reasonable suspicion test, or post-accident test;

     5.11.b. The refusal of a certified person to submit a sample;

     5.11.c. A certified person possessing a substituted sample or an adulterated sample; or

     5.11.d. A certified person submitting a substituted sample or an adulterated sample."

     On page nine, after subdivision 5.11.d. by inserting two new subsections designated 5.12. and 5.13., to read as follows:

     "5.12. When the employer submits the completed notification form prescribed by the director, the employer shall also submit a copy of the laboratory test results showing the substances tested for and the results of the test.

     5.13. A notice pursuant to subdivision 5.11., shall result in the immediate temporary suspension of all certificates held by the certified person who failed the screening, pending a hearing before the board of appeals, except in the case of a certified person who is subject to a collective bargaining agreement, in which case the notification pursuant subsection 5.11., shall not result in the immediate temporary suspension of any certificate held by the certified person who is subject to a collective bargaining agreement unless and until the arbitration is concluded and the discharge is upheld, and no certificate held by a certified person who is subject to a collective bargaining agreement shall be suspended or revoked unless the discharge is upheld in arbitration."

     And by renumbering the remaining subsections;

     On page eleven, subdivision 6.1.2, by striking out the words "Notify the Board of Appeals" and inserting in lieu thereof the words "Notify the Director";

     On page eleven, subsection 6.2, by striking out the words "notify the Board of Appeals" and inserting in lieu thereof the words "notify the Director";

     On page fourteen, subsection 8.1, by striking out the words "is found, by a preponderance of the evidence, to have: failed" and inserting in lieu thereof the words "has entered into a treatment plan agreement as specified in subsection 9.1 of this rule or who is found, by a preponderance of the evidence, to have failed";

     On page fourteen, by striking out all of subsection 8.2 and inserting in lieu thereof three new subsections, designated subsections 8.2, 8.3 and 8.4, to read as follows:

     8.2. Any person requesting a hearing who intends to challenge the sample collection methods, the laboratory test results, the medical review officer's verification of the laboratory test result or the chemical test of breath, shall notify the Director of his or her intent. The person shall submit the notification in writing, either in person or by mail to the Director, at least fourteen (14) days prior to the hearing date. The notification shall specify, in detail, the challenge the person intends to make.

     8.3. If the person requesting the hearing submits notification in writing to the Director that he/she intends to challenge the laboratory test results of the medical review officer's verification of the laboratory test result, that person shall have the split sample tested, at his/her expense, at a SAMSHA-certified laboratory and those results verified by a medical review officer. The split sample results and the results of the split sample verification by a medical review officer shall be provided to the Director and the original medical review officer. No other form of evidence shall be admissible to challenge the laboratory test result of the medical review officer's verification of the laboratory test result.

     8.4. If a person fails to comply with the notification requirements of this section, then the sample collection methods, the laboratory test results, the medical review officer's verification of the laboratory test result, or the chemical test of breath shall be admissible as though the person and the Director had stipulated to their admissibility.;

     And by renumbering the remaining subsections;

     On page fifteen, subdivision 9.1.1, by striking out the words "treatment at a facility licensed by the State of West Virginia in substance abuse" and inserting in lieu thereof the words "treatment, counseling and after-care under the supervision of a duly licensed, mental health professional";

    On page fifteen, subdivision 9.1.2, by striking out the words "treatment at a facility licensed by the State of West Virginia in substance abuse" and inserting in lieu thereof the words "treatment, counseling and after-care under the supervision of a duly licensed, mental health professional";

     On page fifteen, subdivision 9.1.3, by striking out the words "treatment at a facility licensed by the State of West Virginia in substance abuse" and inserting in lieu thereof the words "treatment, counseling and after-care under the supervision of a duly licensed, mental health professional";

     And,

     On page sixteen, after subdivision 9.1.4, by adding the following:

     "9.1.5. An admission by the individual that he or she has failed or refused a drug and alcohol test for the first time and that a second failure or refusal shall result in the permanent revocation of all mining certifications issued to him or her.

     9.2. The Director shall review all Treatment Agreements and shall not approve any Agreement that does not comply with this rule.

     9.3. The Director shall insure an individual has satisfied all conditions for reinstatement before reinstating any certificate."


WVC 64 - 10 - 2 §64-10-2. Division of Labor.

     (a) The legislative rule filed in the State Register on July 23, 2013, authorized under the authority of section thirteen, article five, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Division of Labor (Wage Payment and Collection Act, 42 CSR 5 ), is authorized with the following amendments:

     On page three, after subsection 4.2., by inserting a new subsection, designated subsection 4.3., to read as follows:

     4.3. An employer shall keep posted in a place accessible to all employees an abstract of the West Virginia Wage Payment and Collection law prepared and provided by the Commissioner.;

     On page four, by striking out all of subsection 7.2. and inserting in lieu thereof a new subsection, designated subsection 7.2., to read as follows:

     7.2. The scheduled payday for a railroad company shall occur within the time periods specified by West Virginia Code §21-5-2. The scheduled payday for every employer other than a railroad company shall occur at least once every 2 weeks, unless otherwise authorized by special agreement as provided in section eight of this rule.;

     On page five, after subsection 8.2., by inserting a new subsection, designated subsection 8.3. to read as follows:

     8.3. The Commissioner shall notify all employees identified by the employer and provide each employee with an opportunity to respond to the petition.

     And by renumbering the remaining subsections;

     On page five, subsection 8.4, by striking out the words "After the hearing," and inserting in lieu thereof the words "Following the submission of the petition, the responses of the affected employees, and the holding of the hearing, if any,";

     And,

     On page seven, subsection 10.6, by striking out the words "established by" and inserting in lieu thereof the words "specified in the written demand of".

     (b) The legislative rule filed in the State Register on July 23, 2013, authorized under the authority of section thirteen, article five, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Division of Labor (employer wage bonds, 42 CSR 33 ), is authorized.


WVC 64 - 10 - 3 §64-10-3. Division of Natural Resources.

     (a) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section twenty-three, article seven, chapter twenty of this code, relating to the Division of Natural Resources (special motorboating, 58 CSR 27 ), is authorized.

     (b) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section four, article two, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on October 8, 2013, relating to the Division of Natural Resources (electronic registration of wildlife, 58 CSR 72 ), is authorized.


WVC 64 - 10 - 4 §64-10-4. Division of Natural Resources.

     (a) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (special boating, 58 CSR 26), is authorized.

     (b) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section twenty-three, article seven, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 18, 2012, relating to the Division of Natural Resources (special motorboating, 58 CSR 27), is authorized.

     (c) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (defining the terms used in all hunting and trapping rules, 58 CSR 46), is authorized.

     (d) The legislative rule filed in the State Register on July 19, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (prohibitions when hunting and trapping, 58 CSR 47), is authorized.

     (e) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on October 18, 2012, relating to the Division of Natural Resources (deer hunting, 58 CSR 50), is authorized.

     (f) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (general trapping, 58 CSR 53), is authorized.

     (g) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (special waterfowl hunting, 58 CSR 58), is authorized.

     (h) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (special fishing, 58 CSR 61), is authorized.

     (i) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on October 31, 2012, relating to the Division of Natural Resources (falconry, 58 CSR 65), is authorized with the following amendments:

     On page one, subsection 2.8., after the word "Falconiformes" by inserting a comma and the words "the Order Accipitriformes";

     On page one, after subsection 2.8., by inserting a new subsection 2.9. to read as follows:

     "2.9. "Passage" means a first-year raptor that is no longer dependent upon parental care.";

     On page three, by striking out all of subsection 4.5. and inserting in lieu thereof a new subsection 4.5. to read as follows:

     "4.5. A permittee may use a falconry to take any bird species for which there is a depredation order in place in 50 CFR at any time in accordance with the conditions of the applicable depredation order. The permittee may not receive any compensation for depredation activities.";

     On page four, subdivision 5.3.e., after the word "Falconiform" by inserting a comma and the word "Accipitriform";

     On page six, subdivision 7.2.a., by striking out the word "Alymeri" and inserting in lieu thereof the word "Aylmeri";

     On page eight, by striking out all of subsection 10.1. and inserting in lieu thereof a new subsection 10.1. to read as follows:

     "10.1. A raptor taken, possessed, transported or used for falconry purposes shall be marked with: a seamless, numbered band issued by the Division for captive-bred birds or a U. S. Fish and Wildlife Service permanent, non-reusable numbered band issued by the Division for birds originating from the wild. An ISO (International Organization for Standardization)-compliant (134.2 kHz) microchip may be implanted in addition to the band.";

     On page eight, by striking out all of subsection 10.3. and inserting in lieu thereof a new subsection 10.3. to read as follows:

     "10.3. A permittee must report the loss or removal of any band within five (5) days by filing a Federal form 3-186A either electronically or in paper form. Lost bands must be replaced by a permanent, nonreusable numbered band supplied by the division. Upon remarking the raptor, the permittee shall immediately complete and submit a Federal form 3-186A either electronically or on paper reporting the new band.";

     On page nine, by striking out all of subsection 10.6. and inserting in lieu thereof a new subsection 10.6. to read as follows:

     "10.6. A permittee shall remove and surrender to the division any markers from an intentionally released raptor which is indigenous to the state. A standard Federal band may be attached to the birds at the discretion of the division prior to release.";

     On page nine, subsection 11.1., by striking out the words "both the division and the U. S. Fish and Wildlife Service Regional Law-Enforcement office" and inserting in lieu thereof the words "the division";

     And,

     On page nine, by striking out all of subsection 11.3. and inserting in lieu thereof a new subsection 11.3. to read as follows:

     "11.3. Resident General or Master Falconers may take from the wild any species of Falconiform, Accipitriform or Strigiform in West Virginia except: eagles; peregrine falcon (Falco peregrines); Northern harrier (Circus cyaneus); northern goshawk (Accipiter gentilis); American rough-legged hawk (Buteo lagopus); barn owl (Tyto alba); long-eared owl (Asio otus); short-eared owl (Asio flammeus); saw-whet owl (Aegolius acadicus); merlin (Falco columbaris) eyases; and sharp-shinned hawk (Accipiter straitus) eyases."
WVC 64 - 10 - 5 §64-10-5. Division of Labor.

     (a) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section fifteen, article one-a, chapter forty-seven of this code, modified by the Division of Labor to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on December 21, 2012, relating to the Division of Labor (bedding and upholstered furniture, 42 CSR 12), is authorized with the following amendments:

     On page two, following subsection 3.6, by striking subsection 3.7 and renumbering the remaining subsections;

     On page two, subsection 3.9, line two, following the word "manufacturing" and the comma, by striking the word "importing" and the comma;

     On page three, subsection 5.1, line one, following the word "manufacturing" and the comma, by striking the word "importing" and the comma;

     On page three, subsection 5.1, line three, following the word "manufacturer" and the comma, by striking the word "importer" and the comma;

     On page three, subsection 6.1, line one, following the word "manufacturer" and the comma, by striking the word "importer" and the comma;

     On page three, subsection 6.2, line one, following the word "manufacturer", by striking the words "or importer";

     One page five, subsection 9.3, line one, following the word "manufacturer" and the comma, by striking the word "importer" and the comma;

     On page five, subdivision 10.1.1, following the word "manufacturer", by striking the words "or importer";

     On page ten, appendix C, line sixteen, by striking out the misspelled word "ADRESS" and inserting the in lieu thereof, the word "ADDRESS";

     On page eleven, appendix D, line twenty, by striking out the misspelled word "ADRESS" and inserting the in lieu thereof, the word "ADDRESS";

     On page fourteen, appendix G, line fourteen, by striking out the misspelled word "ADRESS" and inserting the in lieu thereof, the word "ADDRESS";

     And,

     On page fifteen, appendix H, line thirteen, by striking out the misspelled word "ADRESS" and inserting the in lieu thereof, the word "ADDRESS";.

     (b) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section three, article ten, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2012, relating to the Division of Labor (Amusement Rides and Amusement Attractions Safety Act, 42 CSR 17), is authorized with the following amendments:

     On pages three and four, by re-designating subdivisions 4.1.1., 4.1.2., 4.1.3., 4.1.4., 4.1.5., 4.1.6., 4.1.7., 4.1.8., 4.1.9., 4.1.10. and 4.1.11., as 4.1.a., 4.1.b., 4.1.c., 4.1.d., 4.1.e., 4.1.f., 4.1.g., 4.1.h., 4.1.i., 4.1.j. and 4.1.k.;

     On page seven, subdivision 9.2.b., line two, after the word "has", by striking out the word "of";

     On page eight, subdivision 10.2.b., line two, after the word "has", by striking out the word "of";

     On page eleven, subsection 17.4, line two, following the words "report of the", by inserting the word "serious";

     On page eleven, subsection 17.5, line one, following the words "document the", by striking the word "accident" and inserting in lieu thereof the words "serious injury or fatality";

     On page eleven, subsection 18.1, line two, following the words "required by", by striking the words "this section of the rule" and inserting in lieu thereof the words "sections 15 or 17 of this rule";

     On page eleven, subsection 18.1, line three, following the word "cessation" and the comma, by striking the words "imminent danger notification" and the comma;

     On page twelve, subsection 19.4, line three, following the word "operation", by striking the words "is prohibited" and inserting a colon;

     On page twelve, by re-designating subdivisions 19.4.1 and 19.4.2 as 19.4.a. and 19.4.b.;

     And,

     On page twelve, by re-designating paragraphs 19.4.2.1., 19.4.2.2., 19.4.2.3., 19.4.2.4., 19.4.2.5., 19.4.2.6. as 19.4.b.1., 19.4.b.2., 19.4.b.3., 19.4.b.4., 19.4.b.5., 19.4.b.6.

     (c) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section eleven, article three-c, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2012, relating to the Division of Labor (supervision of elevator mechanics and apprentices, 42 CSR 21A), is authorized, with the following amendments:

     On page two, subsection 5.1., by un-striking the word "may" and striking out the word "shall";

     On page two, subsection 5.2., by un-striking the word "may" and striking out the word "shall";

     And,

     On page six, subsection 9.2, line two, after the word "with", by striking out the word "the".

    (d) The legislative rule filed in the State Register on August 31, 2012, authorized under the authority of section three, article three-d, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2012, relating to the Division of Labor (Crane Operator Certification Act, 42 CSR 24), is authorized with the following amendment:

     On page two, subsection 3.4, line four, following the word "November", by striking "10" and inserting in lieu thereof "14".

     (e) The legislative rule filed in the State Register on August 21, 2012, authorized under the authority of section three, article three-d, chapter twenty-one of this code, relating to the Division of Labor (Crane Operator Certification Act - practical examination, 42 CSR 25), is authorized with the following amendments:

     On page two, subsection 3.4, line five, following the word "November", by striking "10" and inserting in lieu thereof "14";

     And,

     On page three, line fifteen, after the stricken subdivision designation 4.5.d., by inserting the subdivision designation 4.4.d.."
WVC 64 - 10 - 6 §64-10-6. Division of Natural Resources

     (a) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand eleven, authorized under the authority of section seven, article one, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of September, two thousand eleven, relating to the Division of Natural Resources (special boating, 58 CSR 26), is authorized.

     (b) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand eleven, authorized under the authority of section twenty-three, article seven, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of September, two thousand eleven, relating to the Division of Natural Resources (special motorboating, 58 CSR 27), is authorized.

     (c) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand eleven, authorized under the authority of section seven, article one, chapter twenty, of this code, relating to the Division of Natural Resources (hunting, trapping and fishing, 58 CSR 45A), is authorized.

     (d) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand eleven, authorized under the authority of section seven, article one, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of September, two thousand eleven, relating to the Division of Natural Resources (defining the terms used in all hunting and trapping, 58 CSR 45), is authorized.

     (e) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand eleven, authorized under the authority of section seven, article one, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of September, two thousand eleven, relating to the Division of Natural Resources (prohibitions when hunting and trapping, 58 CSR 470, is authorized.

     (f) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand eleven, authorized under the authority of section seven, article one, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of September, two thousand eleven, relating to the Division of Natural Resources (general trapping, 58 CSR 53), is authorized, with the following amendment:     

     On page one, section three, subsection 3.2, in the first sentence, after the word "Areas" by adding "and State Forests",

     And,

     On page one, section three, subsection 3.2, in the second sentence, after the word "Area" by adding "or State Forest".

     (g) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand eleven, authorized under the authority of section seven, article one, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of September, two thousand eleven, relating to the Division of Natural Resources (special fishing, 58 CSR 61), is authorized.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****