Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

West Virginia Code

Search

Chapter 64     Entire Code
‹ Chapter 63  |  Chapter 6B › Printer Friendly Versions
Chapter 64  |  Article 64 - 6
WVC 64- CHAPTER 64. LEGISLATIVE RULES.
WVC 64-6- ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.

WVC 64-6-

ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES and Repeal of unauthorized and obsolete legislative rules relating to the department of military affairs and public safety.

 

WVC 64-6-1

§64-6-1. Division of Corrections.

(a) The legislative rule effective on May 22, 1995, authorized under the authority of section thirteen, article one, chapter twenty-five of this code, relating to the Division of Corrections (furlough program for adult inmates, 90 CSR 3), is repealed.

 (b) The legislative rule effective on May 22, 1995, authorized under the authority of section twenty-one, article one, chapter twenty-five of this code, relating to the Division of Corrections (employment of displaced correctional employees, 90 CSR 4), is repealed.

(c) The legislative rule effective on April 1, 2007, authorized under the authority of section two, article thirteen, chapter sixty-two of this code, relating to the Division of Corrections (parole supervision, 90 CSR 2), is repealed.

(d) The legislative rule effective on April 5, 2010, authorized under the authority of section seventeen, article one, chapter twenty-five of this code, relating to the Division of Corrections (recording of inmate phone calls, 90 CSR 5), is repealed.

(e) The legislative rule effective on April 5, 2010, authorized under the authority of section eighteen, article one, chapter twenty-five of this code, relating to the Division of Corrections (monitoring inmate mail, 90 CSR 7), is repealed.

(f) The interpretive rule effective on March 8, 1999, authorized under the authority of section twenty-one, article one, chapter twenty-five of this code, relating to the Division of Corrections (charges assessed against inmates for services provided by state medical co-payment, 90 CSR 6), is repealed.

(g) The procedural rule effective on January 1, 2014, authorized under the authority of section two, article one-a, chapter twenty-five of this code, relating to the Division of Corrections (inmate grievance procedures, 90 CSR 9), is repealed.

WVC 64 - 6 - 1 §64-6-1. State Police.

 The legislative rule filed in the State Register on July 25, 2014, authorized under the authority of section twenty-four, article two, 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 December 30, 2014, relating to the State Police (regulations and procedures pertaining to the West Virginia DNA databank, 81 CSR 9), is authorized with the following amendments:

 On page 1, subsection 1.4, by striking out the words "July 1, 2015";

 On page 3, subdivision 4.1.c., after the word "offender", by inserting a comma and the words "on or after July 1, 2011,";

 And,

 On page 3, subdivision 4.1.e., after the word "offense", by inserting a comma and the words "on or after July 1, 2011,".

WVC 64-6-2

§64-6-2. Jails and Prison Standards Commission.

(a) The legislative rule effective on November 2, 1993, authorized under the authority of section nine, article twenty, chapter thirty-one of this code, relating to the Jails and Prison Standards Commission (minimum standards for construction, operation and management of holding facilities, 95 CSR 3), is repealed.

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

     The legislative rule filed in the State Register on July 1, 2014, authorized under the authority of section five-d, article three, chapter twenty-nine of this code, relating to the State Fire Commission (volunteer firefighters' training, equipment and operating standards, 87 CSR 8), is authorized with the following amendments:

     On page 1, subsection 2.4., by striking out the word "May" and inserting in lieu thereof "This person may";

     On page 2, subsection 3.2, by striking out the words "These individuals should also be NIMS compliant." and inserting in lieu thereof the following: "Additionally, all active members and firefighters shall have the training available to them to allow them to become compliant with the "NIMS Training Guidelines for West Virginia" as established by the West Virginia Division of Homeland Security and Emergency Management.";

     On page 2, subsection 3.5., by striking out the words "These individuals shall also be NIMS compliant." and inserting in lieu thereof the following: "Additionally, all active members and firefighters shall have the training available to them to allow them to become compliant with the "NIMS Training Guidelines for West Virginia" as established by the West Virginia Division of Homeland Security and Emergency Management.";

     On page 3, subsection 3.6., by striking out the words "These individuals should also be NIMS compliant." and inserting in lieu thereof the following: "Additionally, all active members and firefighters shall have the training available to them to allow them to become compliant with the "NIMS Training Guidelines for West Virginia" as established by the West Virginia Division of Homeland Security and Emergency Management.";

     On page 17, Appendix 87-8D, by striking out "2009 Edition" and inserting in lieu thereof "2014 Edition";

     On page 17, Appendix 87-8D Cont, by striking out "2009 Edition" and inserting in lieu thereof "2014 Edition";

     On page 18, Appendix 87-8E, by striking out "2009 Edition" and inserting in lieu thereof "2014 Edition";

     And,

     On page 21, by striking out the NIMS Training Matrix in its entirety.

WVC 64-6-3

§64-6-3. State Fire Commission.

(a) The legislative rule filed in the State Register on June 29, 2015, authorized under the authority of section five, article three, chapter twenty-nine, of this code, relating to the State Fire Commission (Fire Code, 87 CSR 1), is authorized.

(b) The legislative rule filed in the State Register on June 29, 2015, authorized under the authority of section five-b, article three, chapter twenty-nine of this code, modified by the State Fire Commission to meet the objections of the Legislative Rule Committee and refiled in the State Register on December 10, 2015, relating to the State Fire Commission (State Building Code, 87 CSR 4), is authorized with the following amendment:

On page 3, subparagraph 4.1.e.1., in the first sentence before the words “If the owner of a premises” and adding the words “Unless authorized by W.Va. Code §8-12-16, or absent the express consent of the owner,”

(c) The legislative rule filed in the State Register on June 29, 2015, authorized under the authority of section five-b, article three, chapter twenty-nine of this code, modified by the State Fire Commission to meet the objections of the Legislative Rule Committee and refiled in the State Register on December 10, 2015, relating to the State Fire Commission (Standards for the Certification and Continuing Education of Municipal, County and other Public Sector Building Code Officials, Inspectors and Plans Examiners, 87 CSR 7), is authorized.

WVC 64 - 6 - 3 §64-6-3. State Fire Marshal.

     The legislative rule filed in the State Register on July 1, 2014, authorized under the authority of section four, article three-d, 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 31, 2014, relating to the State Fire Marshal (supervision of fire protection work, 103 CSR 3), is authorized with the following amendment:

     On page six, section seven, subsection seven after the words "Code of West Virginia" by striking out the comma and the remainder of sentence and inserting in lieu thereof the following: "And shall pass a test developed by the state fire marshal on HVAC Fire Safety."

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.

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
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2016 West Virginia Legislature **