(a) Incident to fixing a date for public comment on a proposed rule, the board 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 board 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 board 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
Article 3B. State Board of Education Rule Making
§29A-3B-2. Rules to Be Promulgated in Accordance With This Article
§29A-3B-3. Rules of Procedure Required
§29A-3B-4. Filing of Proposed Rules
§29A-3B-5. Notice of Proposed Rule Making
§29A-3B-10. Emergency Legislative Rules; Procedure for Promulgation; Definition