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Chapter 64     Entire Code
‹ Chapter 63  |  Chapter 6B › Printer Friendly Versions
Chapter 64  |  Article 64 - 2  |  Section 3
WVC 64- CHAPTER 64. LEGISLATIVE RULES.
WVC 64 - 2 - ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

WVC 64-2-

ARTICLE 2. authorization for the department of administration to promulgate legislative rules; repealing unauthorized and obsolete rules of the department of administration.

 

WVC 64-2-1

§64-2-1. Department of Administration.

(a) The legislative rule filed in the State Register on September 1, 2015, authorized under the authority of section four, article three, chapter five-a, of this code, relating to the Department of Administration (Purchasing Division, 148 CSR 1), is authorized.

(b) The legislative rule effective on April 3, 1991, authorized under the authority of section seven, article eight, chapter nine of this code, relating to the Department of Administration (availability of state surplus buildings and equipment to charity food banks, 148 CSR 5), is repealed.

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

 ( a) The legislative rule filed in the State Register on July 30, 2014, authorized under the authority of section four, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on September 16, 2014, relating to the Department of Administration (Purchasing Division, 148 CSR 1), is authorized with the following amendments:

 On page two, subsection 3.2, by striking out the proposed word "will" that is underscored and reinstating the word "shall"; and by making such similar strikes of the underscored word "will" and reinstate the word "shall" throughout the rule;

 On page thirteen, subdivision 7.2.b.3, after the word "appropriate" and the comma by inserting the word "or";

 On page fourteen, subdivision 7.6.a., after the word "procure" by striking out the words "goods or services" and inserting in lieu thereof the words "specific commodities for immediate delivery";

 On page fourteen, subdivision 7.5.b., after the words "if possible" by striking the comma and the words "and any" and inserting in lieu thereof a period and the word "Any"; and

 On page fourteen, subdivision 7.6.c., after the words "procurement of" by striking out the words "goods or services" and inserting in lieu thereof the words "specific commodities for immediate delivery".

 (b) The legislative rule filed in the State Register on July 29, 2014, authorized under the authority of section forty-eight, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 16, 2014, relating to the Department of Administration (state owned vehicles, 148 CSR 3), is authorized.

 (c) The legislative rule filed in the State Register on July 30, 2014, authorized under the authority of section forty-four, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 16, 2014, relating to the Department of Administration (state plan for the operation of the West Virginia State Agency for Surplus Property, 148 CSR 4), is authorized.

WVC 64-2-2

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

(a) The legislative rule filed in the State Register on July 28, 2015, 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 November 5, 2015, relating to the Consolidated Public Retirement Board (benefit determination and appeal, 162 CSR 2), is authorized.

(b) The legislative rule filed in the State Register on July 28, 2015, 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 September 22, 2015, relating to the Consolidated Public Retirement Board (Teachers’ Defined Contribution System, 162 CSR 3), is authorized with the following amendment:

On page 7, subsection 7.4.1, line 4, following the word “amounts” and the period, by adding the following: “Using irrevocably forfeited amounts pursuant to the authority of this subsection will reduce the employer contributions in future years as required by W. Va. Code §18-7B-11.”

(c) The legislative rule filed in the State Register on July 28, 2015, 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 September 22, 2015, relating to the Consolidated Public Retirement Board (Teachers’ Retirement System, 162 CSR 4), is authorized.

(d) The legislative rule filed in the State Register on July 28, 2015, 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 September 22, 2015, relating to the Consolidated Public Retirement Board (refund, reinstatement, retroactive service, loan and correction of error interest factors, 162 CSR 7), is authorized.

(e) The legislative rule filed in the State Register on July 28, 2015, authorized under the authority of section one, article ten-d, chapter five, of this code,  relating to the Consolidated Public Retirement Board (service credit for accrued and unused sick leave, 162 CSR 8), is authorized.

(f) The legislative rule filed in the State Register on July 28, 2015, 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 November 5, 2015, relating to the Consolidated Public Retirement Board (West Virginia State Police, 162 CSR 9), is authorized.

(g) The legislative rule filed in the State Register on July 28, 2015, 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 November 5, 2015, relating to the Consolidated Public Retirement Board (Deputy Sheriff Retirement System, 162 CSR 10), is authorized.

 

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

     (a) The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (refund, reinstatement, retroactive service, loan and employer error interest factors, 162 CSR 7), is authorized.

     (b) The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (Deputy Sheriff Retirement System, 162 CSR 10), is authorized.

     (c) The legislative rule filed in the State Register on the July 31, 2014, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (service credit for accrued and unused sick and annual leave, 162 CSR 8), is authorized.

WVC 64-2-3

§64-2-3. Ethics Commission.

(a) The legislative rule filed in the State Register on June 30, 2015, authorized under the authority of section five-c, article two, chapter six-b, of this code, relating to the Ethics Commission (public use of names or likenesses, 158 CSR 21), is not authorized.

(b) The legislative rule effective on September 1, 1993, authorized under the authority of section two, article two, chapter six-b of this code, relating to Ethics Commission (advisory opinions, 158 CSR 2), is repealed.

(c) The legislative rule effective on April 10, 1995, authorized under the authority of section twenty-eight, article twenty, chapter thirty-one of this code, relating to Ethics Commission (guidelines and standards for determining the existence of disqualifying financial interests, 158 CSR 4), is repealed.

(d) The legislative rule effective on June 1, 1992, authorized under the authority of section one, article two, chapter six-b of this code, relating to Ethics Commission (contributions, 158 CSR 10), is repealed.

WVC 64 - 2 - 3 §64-2-3. Office of Technology.

 The legislative rule filed in the State Register on July 30, 2014, authorized under the authority of section four, article six, chapter five-a of this code, modified by the Office of Technology to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 3, 2014, relating to the Office of Technology (procedures for sanitization, retirement and disposition of information technology equipment, 163 CSR 1), is authorized.

WVC 64-2-4

§64-2-4. Division of Personnel.

The legislative rule filed in the State Register on July 21, 2015, authorized under the authority of section ten, article six, chapter twenty-nine, of this code, relating to the Division of Personnel (administrative rule of the West Virginia Division of Personnel, 143 CSR 1), is authorized with the following amendment:

On page 48, by removing the strikethrough of subparagraph 14.3.f.1, and restoring the original language, with modification, to read as follows:

14.3.f.1. An employee may elect to be paid in installments at his or her usual rate and frequency of pay as if employment were continuing until the pay period during which the accrued annual leave is exhausted.  If the last day for which leave payment is due falls before the day on which the pay period ends, terminal annual leave payment for those days within that pay period shall be calculated using the daily rate for pay period in which the last day on payroll occurs. Employees in positions allocated to job classes assigned to an hourly pay schedule or per diem pay schedule approved by the Board shall be paid according to those standard procedures;

And renumbering the subparagraphs thereafter; and

On page 50, by removing the strikethrough in subparagraph 14.4.e.2, and restoring the original language of subparagraph 14.4.e.2.

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 64-2-5

§64-2-5. State Building Commission.

The procedural rule effective on July 21, 1995, authorized under the authority of section three, article nine-a, chapter six of this code, relating to the State Building Commission  (procedural rules for meetings, 159  CSR 1), is repealed.

WVC 64-2-6

§64-2-6. Public Employees Insurance Agency.

The procedural rule effective on June 20, 1991, authorized under the authority of section six, article sixteen, chapter five of this code, relating to the Public Employees Insurance Agency (procedural rules for the Public Employees Insurance Agency Advisory Board, 151 CSR 5), is repealed.

WVC 64-2-7

§64-2-7. Board of Risk and Insurance Management.

The legislative rule effective on April 14, 1992, authorized under the authority of section five, article twelve, chapter twenty-nine of this code, relating to the Board of Risk and Insurance Management (discontinuation of professional malpractice insurance, 115 CSR 4), is repealed.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia 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.


Recent legislation affecting the Code

Citation Year/Session Short Title
§64 - 8 - 1 - (Amended Code)
§64 - 8 - 2 - (Amended Code)
§64 - 8 - 3 - (Amended Code)
SENATE BILL - 150
PASSED - Regular Session

SB150 ENR  (Uploaded - 02/23/2016)
Authorizing Department of Transportation promulgate legislative rules
§64 - 5 - 1 - (Amended Code)
§64 - 5 - 2 - (Amended Code)
§64 - 5 - 3 - (Amended Code)
SENATE BILL - 195
PASSED - Regular Session

SB195 SUB1 ENR  (Uploaded - 03/11/2016)
Authorizing DHHR to promulgate legislative rules
§64 - 10 - 1 - (Amended Code)
§64 - 10 - 2 - (Amended Code)
§64 - 10 - 3 - (Amended Code)
§64 - 10 - 4 - (Amended Code)
§64 - 10 - 5 - (Amended Code)
§64 - 10 - 6 - (Amended Code)
§64 - 10 - 7 - (Amended Code)
§64 - 10 - 8 - (Amended Code)
§64 - 10 - 9 - (Amended Code)
SENATE BILL - 202
PASSED - Regular Session

SB202 SUB1 ENR  (Uploaded - 03/16/2016)
Authorizing Department of Commerce promulgate legislative rules
§64 - 8 - 4 - (New Code)
SENATE BILL - 588
PASSED - Regular Session

SB588 enr  (Uploaded - 03/16/2016)
Repealing certain obsolete legislative rules by Department of Transportation
§64 - 2 - 1 - (Amended Code)
§64 - 2 - 2 - (Amended Code)
§64 - 2 - 3 - (Amended Code)
§64 - 2 - 4 - (Amended Code)
§64 - 2 - 5 - (Amended Code)
§64 - 2 - 6 - (Amended Code)
§64 - 2 - 7 - (Amended Code)
HOUSE BILL - 4046
PASSED - Regular Session

HB4046 SUB ENR  (Uploaded - 03/16/2016)
Relating to the promulgation of rules by the Department of Administration
§64 - 6 - 1 - (Amended Code)
§64 - 6 - 2 - (Amended Code)
§64 - 6 - 3 - (Amended Code)
HOUSE BILL - 4060
PASSED - Regular Session

HB4060 SUB ENR  (Uploaded - 03/23/2016)
Relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety
§64 - 3 - 1 - (Amended Code)
§64 - 3 - 2 - (Amended Code)
§64 - 3 - 3 - (Amended Code)
§64 - 3 - 4 - (Amended Code)
§64 - 3 - 5 - (Amended Code)
§64 - 3 - 6 - (Amended Code)
§64 - 3 - 7 - (Amended Code)
HOUSE BILL - 117
PASSED - 1st Special Session

HB117 SUB ENR  (Uploaded - 06/06/2016)
Relating generally to the promulgation of administrative rules by the Department of Environmental Protection
§64 - 3 - 1 A - (New Code)
HOUSE BILL - 118
PASSED - 1st Special Session

hb118 ENR  (Uploaded - 06/06/2016)
Department of Environmental Protection, Air Quality, rule relating to standards of performance for new stationary sources (45 CSR 16)
§64 - 9 - 1 - (Amended Code)
§64 - 9 - 2 - (Amended Code)
§64 - 9 - 3 - (Amended Code)
§64 - 9 - 4 - (Amended Code)
§64 - 9 - 5 - (Amended Code)
§64 - 9 - 6 - (Amended Code)
§64 - 9 - 7 - (Amended Code)
§64 - 9 - 8 - (Amended Code)
§64 - 9 - 9 - (Amended Code)
§64 - 9 - 10 - (Amended Code)
§64 - 9 - 11 - (Amended Code)
§64 - 9 - 12 - (Amended Code)
§64 - 9 - 13 - (Amended Code)
§64 - 9 - 14 - (Amended Code)
§64 - 9 - 15 - (Amended Code)
§64 - 9 - 16 - (Amended Code)
§64 - 9 - 17 - (Amended Code)
§64 - 9 - 18 - (Amended Code)
§64 - 9 - 19 - (Amended Code)
§64 - 9 - 20 - (Amended Code)
§64 - 9 - 21 - (Amended Code)
§64 - 9 - 22 - (Amended Code)
§64 - 9 - 23 - (Amended Code)
§64 - 9 - 24 - (Amended Code)
§64 - 9 - 25 - (Amended Code)
§64 - 9 - 26 - (Amended Code)
SENATE BILL - 1017
PASSED - 1st Special Session

SB1017 ENR  (Uploaded - 06/21/2016)
Authorizing miscellaneous agencies and boards to promulgate legislative rules
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