(a) Incident to fixing a date for public comment on a proposed rule, the agency shall promulgate the findings and determinations required as a condition precedent thereto, and state fully and succinctly the reasons therefor and file such findings and determinations in the state register. If the agency amends the proposed rule as a result of the evidence or comment presented pursuant to section five, such amendment shall be filed with a description of any changes and statement listed for the amendment.
(b) The statement of reasons and a transcript of all evidence and public comment received pursuant to notice are public records and shall be carefully preserved by the agency and be open for public inspection and copying for a period of not less than five years from the date of the hearing.
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