(a) Any legislative rule proposed by an agency may be withdrawn by the agency any time before passage of a law authorizing or authorizing and directing its promulgation, but no such action shall be construed to affect the validity, force or effect of a law enacted authorizing or authorizing and directing the promulgation of an authorized legislative rule or exercising compliance with such law. The agency shall file a notice of any such action in the state register.
(b) At any time before a proposed legislative rule has been submitted by the legislative rule-making review committee to the Legislature pursuant to the provisions of section twelve of this article, the agency may modify the proposed rule to meet the objections of the committee. The agency shall file in the state register a notice of its modifying action including a copy of the modified rule, but shall not be required to comply with any provisions of this article requiring opportunity for public comment or taking of evidence with respect to such modification. If a legislative rule has been withdrawn, modified and then resubmitted to such committee, the rule shall be considered to have been submitted to such committee on the date of such resubmission.
Structure West Virginia Code
Chapter 29A. State Administrative Procedures Act
§29A-3-1. Rules to Be Promulgated Only in Accordance With This Article
§29A-3-1a. Filing Proposed Amendments to an Existing Rule; and Repealing an Existing Rule
§29A-3-1b. Rules of the Tax Department
§29A-3-2. Limitations on Authority to Exercise Rule-Making Power
§29A-3-3. Rules of Procedure Required
§29A-3-4. Filing of Proposed Legislative Exempt Rules, Procedural Rules and Interpretive Rules
§29A-3-5. Notice of Proposed Rulemaking
§29A-3-8. Adoption of Legislative Exempt, Procedural, and Interpretive Rules
§29A-3-9. Proposal of Legislative Rules
§29A-3-10. Creation of a Legislative Rule-Making Review Committee
§29A-3-11. Submission of Legislative Rules to the Legislative Rule-Making Review Committee
§29A-3-12. Submission of Legislative Rules to Legislature
§29A-3-13. Adoption of Legislative Rules; Effective Date
§29A-3-14. Withdrawal or Modification of Proposed Rules
§29A-3-15. Emergency Legislative Rules; Procedure for Promulgation; Definition
§29A-3-16. Legislative Review of Procedural Rules, Interpretive Legislative Rules
§29A-3-18. Severability of Legislative Rules
§29A-3-19. Sunset Provision in Rules
§29A-3-20. Executive Review of Agency Rules, Guidelines, Policies and Recommendations