(a) Except as the Legislature may by law otherwise provide, within sixty days after the effective date of an act authorizing promulgation of a legislative rule, the board shall promulgate the rule only in conformity with the provisions of law authorizing and directing the promulgation of such rule.
(b) A legislative rule authorized by the Legislature shall become effective thirty days after such filing in the state register, or on the effective date fixed by the authorizing act or if none is fixed by law, such later date not to exceed ninety days, as is fixed by the board.
(c) The Secretary of State shall note in the state register the effective date of an authorized and promulgated legislative rule, and shall file such legislative rule in the state register in lieu of the proposed legislative rule previously filed pursuant to section seven of this article.
Structure West Virginia Code
Chapter 29A. State Administrative Procedures Act
Article 3A. Higher Education Rule Making
§29A-3A-2. Rules to Be Promulgated Only in Accordance With This Article
§29A-3A-3. Limitations on Authority to Exercise Rule-Making Power
§29A-3A-4. Rules of Procedure Required
§29A-3A-5. Filing of Proposed Procedural Rules and Interpretive Rules
§29A-3A-6. Notice of Proposed Rule Making
§29A-3A-9. Adoption of Procedural and Interpretive Rules
§29A-3A-10. Proposal of Legislative Rules
§29A-3A-11. Creation of a Legislative Oversight Commission on Education Accountability
§29A-3A-11a. Additional Powers and Duties; Subpoena Powers
§29A-3A-13. Submission of Legislative Rules to Legislature
§29A-3A-14. Adoption of Legislative Rules; Effective Date
§29A-3A-15. Withdrawal or Modification of Proposed Rules
§29A-3A-16. Emergency Legislative Rules; Procedure for Promulgation; Definition
§29A-3A-16a. Disapproval of Emergency Rules by the Secretary of State; Judicial Review