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1 - GOVERNANCE

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1A - COMPACT WITH HIGHER EDUCATION

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1B - HIGHER EDUCATION POLICY COMMIS

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1C - TRANSITION IMPLEMENTATION

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1D - HIGHER EDUCATION ACCOUNTABILIT

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1E - WEST VIRGINIA UNIVERSITY INSTI

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1F - MANAGEMENT AGREEMENTS FOR THE

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2 - UNIVERSITY OF WEST VIRGINIA BOA

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2A - INSTITUTIONAL BOARDS OF GOVERN

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2B - WEST VIRGINIA COUNCIL FOR COMM

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2C - WEST VIRGINIA COMMUNITY AND TE

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3 - BOARD OF DIRECTORS OF THE STATE

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3A - WEST VIRGINIA JOINT COMMISSION

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3B - COLLABORATIVE DEGREE COMPLETIO

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3B - WEST VIRGINIA LITERACY PROJECT

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3C - COMMUNITY AND TECHNICAL COLLEG

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3D - WORKFORCE DEVELOPMENT INITIATI

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3E - EASTERN WEST VIRGINIA COMMUNIT

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3F - COMMUNITY AND TECHNICAL COLLEG

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4 - GENERAL ADMINISTRATION

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5 - HIGHER EDUCATION BUDGETS AND EX

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6 - ADVISORY COUNCILS

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7 - PERSONNEL GENERALLY

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8 - HIGHER EDUCATION FULL-TIME FACU

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9 - CLASSIFIED EMPLOYEE SALARY SCHE

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9A - CLASSIFICATION AND COMPENSATIO

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10 - FEES AND OTHER MONEY COLLECTE

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11 - MISCELLANEOUS INSTITUTES AND

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11A - STATE AUTISM TRAINING CENTER

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11B - WEST VIRGINIA POISON CENTER

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12 - RESEARCH AND DEVELOPMENT AGRE

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12A - CENTERS FOR ECONOMIC DEVELOP

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13 - HIGHER EDUCATION -- INDUSTRY

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14 - MISCELLANEOUS

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15 - SEVERABILITY

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16 - HEALTH CARE EDUCATION

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18 - EMINENT SCHOLARS ENDOWMENT TR

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18A - DIRECTED RESEARCH ENDOWMENTS

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18B - SCIENCE AND RESEARCH COUNCIL

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19 - CAPITAL PROJECTS AND FACILITI

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CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 17. LEGISLATIVE RULES.

§18B-17-1. Legislative authorization; effective date of rules; technical deficiencies waived.
(a) Under the provisions of article three-a, chapter twenty-nine-a of the code of West Virginia, the Legislature expressly authorizes the promulgation of the rules described in this article, subject only to the limitations set forth with respect to each rule in the section or sections of this chapter authorizing its promulgation. The Legislature further declares that all rules now or hereafter authorized in this article are within the legislative intent of the statute which the rule is intended to implement, extend, apply or interpret.

(b) The effective date of the legislative rules authorized in this article is governed by the provisions of section fourteen, article three-a, chapter twenty-nine-a of this code unless the governing board promulgating the rules establishes an effective date which is earlier than that provided by that section, in which case the effective date established by the governing board shall control, unless the Legislature, in the bill authorizing the rules, establishes an effective date for the rules, in which case the effective date established by the Legislature controls.

(c) The Legislature further declares each legislative rule now or hereafter authorized under this article to have been validly promulgated, notwithstanding any failure to comply with any requirement of article three-a, chapter twenty-nine-a of this code relating to the promulgation of rules at any stage of the promulgation process prior to authorization by the Legislature in this article.

§18B-17-2. Authorizing rules of Higher Education Policy Commission.

     (a) The legislative rule filed in the State Register on October 15, 2004, relating to the Higher Education Policy Commission (Underwood-Smith Teacher Scholarship Program rule) is authorized.

     (b) The legislative rule filed in the State Register on October 15, 2004, relating to the Higher Education Policy Commission (West Virginia Engineering, Science and Technology Scholarship Program rule) is authorized.

     (c) The legislative rule filed in the State Register on October 15, 2004, relating to the Higher Education Policy Commission (Medical Education Fee and Medical Student Loan Program rule) is authorized.

     (d) The legislative rule filed in the State Register on October 27, 2005, relating to the Higher Education Policy Commission (Authorization of degree-granting institutions) is authorized.

     (e) The legislative rule filed in the State Register on August 23, 2006, relating to the Higher Education Policy Commission (West Virginia Higher Education Grant Program) is authorized.

     (f) The legislative rule filed in the State Register on January 4, 2008, relating to the Higher Education Policy Commission (Providing Real Opportunities for Maximizing In-state Student Excellence - PROMISE) is authorized.

     (g) The legislative rule filed in the State Register on August 25, 2008, relating to the Higher Education Policy Commission (Research Trust Program) is authorized.

     (h) The legislative rule filed in the State Register on January 8, 2009, relating to the Higher Education Policy Commission (Guidelines for Governing Boards in Employing and Evaluating Presidents) is authorized.

     (i) The legislative rule filed in the State Register on September 10, 2008, relating to the Higher Education Policy Commission (Medical Student Loan Program) is authorized, with the following amendment:

     On page 2, subsection 5.1, following the words "financial aid office" by inserting a new subdivision 5.1.3 to read as follows: "United States citizenship or legal immigrant status while actively pursuing United States citizenship."

     (j) The legislative rule filed in the State Register on December 1, 2008, relating to the Higher Education Policy Commission (West Virginia Higher Education Grant Program) is authorized.

     (k) The legislative rule filed in the State Register on January 26, 2009, relating to the Higher Education Policy Commission (Accountability System) is authorized.

     (l) The legislative rule filed in the State Register on May 20, 2009, relating to the Higher Education Policy Commission (Energy and Water Savings Revolving Loan Fund Program) is authorized.

     (m) The legislative rule filed in the State Register on January 27, 2010, relating to the Higher Education Policy Commission (Providing Real Opportunities for Maximizing In-state Student Excellence - PROMISE) is authorized.

     (n) The legislative rule filed in the State Register on December 8, 2010, relating to the Higher Education Policy Commission (Authorization of Degree Granting Institutions) is authorized, with the following amendment:

     On page 28, subsection 9.1.b, following the words "Good cause shall consist of" by inserting the words "any one or more of the following".

     (o) The legislative rule filed in the State Register on December 12, 2011, relating to the Higher Education Policy Commission (Tuition and Fee Policy) is authorized. §18B-17-3. Authorizing rule of the Council for Community and Technical College Education.

     (a) The legislative rule filed in the State Register on September 29, 2004, relating to the West Virginia Council for Community and Technical College Education (performance indicators rule) is authorized.

     (b) The legislative rule filed in the State Register on October 13, 2005, relating to the West Virginia Council for Community and Technical College Education (Authorization of degree- granting institutions) is authorized.

     (c) The legislative rule filed in the State Register on October 30, 2006, relating to the West Virginia Council for Community and Technical College Education (Workforce Development Initiative Program) is authorized.

     (d) The legislative rule filed in the State Register on December 4, 2008, relating to the West Virginia Council for Community and Technical College Education (Employing and Evaluating Presidents) is authorized.

     (e) The legislative rule filed in the State Register on December 23, 2008, relating to the West Virginia Council for Community and Technical College Education (Performance Indicators) is authorized.

     (f) The legislative rule filed in the State Register on February 5, 2009, relating to the West Virginia Council for Community and Technical College Education (Finance) is authorized.

     (g) The legislative rule filed in the State Register on February 5, 2009, relating to the West Virginia Council for Community and Technical College Education (Accountability System) is authorized.

     (h) The legislative rule filed in the State Register on June 15, 2011, relating to the West Virginia Council for Community and Technical College Education (Workforce Development Initiative Program) is authorized.

     (i) The legislative rule filed in the State Register on October 26, 2011, relating to the West Virginia Council for Community and Technical College Education (Tuition and Fees) is authorized. §18B-17-4. Higher education policy commission.
(a) The legislative rule filed in the state register on the second day of February, two thousand one, and modified and refiled on the third day of April, two thousand one, relating to the higher education policy commission (higher education finance policy), is authorized.

(b) The legislative rule filed in the state register on the twentieth day of November, two thousand one, relating to the higher education policy commission (higher education report card rule), is authorized.

(c) The legislative rule filed in the state register on the fourth day of January, two thousand two, relating to the higher education policy commission (performance indicators rule), is authorized.

§18B-17-5. Authorizing West Virginia providing real opportunities for maximizing in-state student excellence scholarship program (PROMISE).
The legislative rule filed in the state register on the fourth day of January, two thousand two, and modified and refiled on the eighteenth day of January, two thousand two, relating to the higher education policy commission (West Virginia providing real opportunities for maximizing in-state student excellence scholarship program -- PROMISE -- rule), is authorized.

§18B-17-6. Authorizing rules of higher education policy commission.
(a) The legislative rule filed in the state register on the twenty-fifth day of August, two thousand three, relating to the higher education policy commission (higher education adult part-time student grant program -- HEAPS -- rule), is authorized.

(b) The legislative rule filed in the state register on the twenty-second day of October, two thousand three, relating to the higher education policy commission (purchasing efficiencies rule), is authorized.