West Virginia Code
Chapter 29A. State Administrative Procedures Act

§29A-2-6. Format and Numbering of Agency Rules Filed in State Register; Electronic Filing Required Beginning July 1, 2011; Pilot Project - (a) Each proposed rule filed by an agency requiring a...

§29A-2-7. Publication of State Register - (a) The Legislature intends that the Secretary of State offer...

§29A-2-9. Making Orders and Records Available - Every agency shall file in the state register all final...

Article 3. Rule Making

§29A-3-1. Rules to Be Promulgated Only in Accordance With This Article - In addition to other rule-making requirements imposed by law and...

§29A-3-1a. Filing Proposed Amendments to an Existing Rule; and Repealing an Existing Rule - (a) An agency shall file all sections of the proposed...

§29A-3-1b. Rules of the Tax Department - Notwithstanding the provisions of section eight, article two of this...

§29A-3-2. Limitations on Authority to Exercise Rule-Making Power - (a) Except when, and to the extent, that this chapter...

§29A-3-3. Rules of Procedure Required - In addition to other rule-making requirements imposed by law: (a)...

§29A-3-4. Filing of Proposed Legislative Exempt Rules, Procedural Rules and Interpretive Rules - (a) When an agency proposes a legislative exempt rule, procedural...

§29A-3-5. Notice of Proposed Rulemaking - When an agency proposes to promulgate a rule other than...

§29A-3-6. Filing Findings and Determinations for Rules in State Register; Evidence Deemed Public Record - (a) Incident to fixing a date for public comment on...

§29A-3-7. Notice of Hearings - Notices of hearings required by sections five and six of...

§29A-3-8. Adoption of Legislative Exempt, Procedural, and Interpretive Rules - (a) An agency shall consider a legislative exempt, procedural, and...

§29A-3-9. Proposal of Legislative Rules - When an agency proposes a legislative rule, other than an...

§29A-3-10. Creation of a Legislative Rule-Making Review Committee - (a) There is hereby created a joint committee of the...

§29A-3-11. Submission of Legislative Rules to the Legislative Rule-Making Review Committee - (a) When an agency finally approves a proposed legislative rule...

§29A-3-12. Submission of Legislative Rules to Legislature - (a) No later than 40 days before the sixtieth day...

§29A-3-13. Adoption of Legislative Rules; Effective Date - (a) Except as the Legislature may by law otherwise provide,...

§29A-3-14. Withdrawal or Modification of Proposed Rules - (a) Any legislative rule proposed by an agency may be...

§29A-3-15. Emergency Legislative Rules; Procedure for Promulgation; Definition - (a) Any agency with authority to propose legislative rules may,...

§29A-3-15a. Disapproval of Emergency Rules and Amendments to Emergency Rules by the Secretary of State; Judicial Review - (a) Upon the filing of an emergency rule or filing...

§29A-3-15b. Disapproval of Emergency Rules and Amendments to Emergency Rules by the Attorney General; Judicial Review - (a) Upon the filing of an emergency rule or filing...

§29A-3-16. Legislative Review of Procedural Rules, Interpretive Legislative Rules - (a) The Legislative Rule-Making Review Committee may, with the assistance...

§29A-3-17. Prior Rules - Any rule lawfully promulgated prior to the effective date of...

§29A-3-18. Severability of Legislative Rules - Unless there is a provision in a legislative rule specifying...

§29A-3-19. Sunset Provision in Rules - (a) Any new legislative rule promulgated pursuant to this article...

§29A-3-20. Executive Review of Agency Rules, Guidelines, Policies and Recommendations - (a) All executive agencies with rule-making authority shall: (1) Review...

Article 3A. Higher Education Rule Making

§29A-3A-1. Definitions - As used in this article: (a) "Commission" means the Legislative...

§29A-3A-2. Rules to Be Promulgated Only in Accordance With This Article - In addition to other rule-making requirements imposed by law and...

§29A-3A-3. Limitations on Authority to Exercise Rule-Making Power - (a) Except when, and to the extent, that this chapter...

§29A-3A-4. Rules of Procedure Required - In addition to other rule-making requirements imposed by law: (a)...

§29A-3A-5. Filing of Proposed Procedural Rules and Interpretive Rules - (a) When the board proposes a procedural rule or an...

§29A-3A-6. Notice of Proposed Rule Making - When the board proposes to promulgate a rule other than...

§29A-3A-7. Filing Findings and Determinations for Rules in State Register; Evidence Deemed Public Record - (a) Incident to fixing a date for public comment on...

§29A-3A-8. Notice of Hearings - Notices of hearings required by sections six and seven of...

§29A-3A-9. Adoption of Procedural and Interpretive Rules - A procedural and interpretive rule, shall be considered by the...

§29A-3A-10. Proposal of Legislative Rules - When the board proposes a legislative rule, other than an...

§29A-3A-11. Creation of a Legislative Oversight Commission on Education Accountability - (a) There is hereby created a joint commission of the...

§29A-3A-11a. Additional Powers and Duties; Subpoena Powers - (a) In addition to the powers and duties conferred upon...

§29A-3A-12. Submission of Legislative Rules to the Legislative Oversight Commission on Education Accountability - (a) When the board finally approves a proposed legislative rule...

§29A-3A-13. Submission of Legislative Rules to Legislature - (a) No later than forty days before the sixtieth day...

§29A-3A-14. Adoption of Legislative Rules; Effective Date - (a) Except as the Legislature may by law otherwise provide,...

§29A-3A-15. Withdrawal or Modification of Proposed Rules - (a) Any legislative rule proposed by the board may be...

§29A-3A-16. Emergency Legislative Rules; Procedure for Promulgation; Definition - (a) The board may, without hearing, find that an emergency...

§29A-3A-16a. Disapproval of Emergency Rules by the Secretary of State; Judicial Review - (a) Upon the filing of an emergency rule by the...

§29A-3A-17. Legislative Review of Procedural Rules, Interpretive Rules and Existing Legislative Rules - The Legislative Oversight commission on education accountability may review any...

§29A-3A-18. Prior Rules - Any rule lawfully promulgated prior to the effective date of...

§29A-3A-19. Severability of Legislative Rules - Unless there is a provision in a legislative rule specifying...

§29A-3A-20. Sunset Provision in Rules - (a) Any new legislative rule promulgated pursuant to this article...

Article 3B. State Board of Education Rule Making

§29A-3B-1. Definitions - As used in this article: (a) "Commission" means the Legislative...

§29A-3B-2. Rules to Be Promulgated in Accordance With This Article - In addition to other rule-making requirements imposed by law and...

§29A-3B-3. Rules of Procedure Required - In addition to other rule-making requirements imposed by law: (a)...

§29A-3B-4. Filing of Proposed Rules - (a) When the board proposes a procedural, interpretive or legislative...

§29A-3B-5. Notice of Proposed Rule Making - When the board proposes to promulgate a rule other than...

§29A-3B-6. Filing Findings and Determinations for Rules in State Register; Evidence Deemed Public Record - (a) Incident to fixing a date for public comment on...

§29A-3B-7. Notice of Hearings - Notices of hearings required by section five of this article...

§29A-3B-8. Adoption of Rules - A rule shall be considered by the board for adoption...

§29A-3B-9. Submission of Legislative Rules to the Legislative Oversight Commission on Education Accountability - (a) When the board proposes a legislative rule, the board...

§29A-3B-10. Emergency Legislative Rules; Procedure for Promulgation; Definition - (a) The board may, without hearing, find that an emergency...

§29A-3B-11. Legislative Review of Procedural Rules, Interpretive Rules and Existing Legislative Rules - The Legislative Oversight commission on education accountability may review any...

§29A-3B-12. Prior Rules - Any rule lawfully promulgated prior to the effective date of...

Article 4. Declaratory Rulings and Declaratory Judgments

§29A-4-1. Declaratory Rulings by Agencies - On petition of any interested person, an agency may issue...

§29A-4-2. Declaratory Judgment on Validity of Rule - (a) Any person, except the agency promulgating the rule, may...

Article 5. Contested Cases

§29A-5-1. Notice Required; Hearing; Subpoenas; Witness Fees, etc.; Depositions; Records - (a) In any contested case all parties shall be afforded...

§29A-5-2. Rules of Evidence; Taking Notice of Facts; Correction of Transcript - (a) In contested cases irrelevant, immaterial, or unduly repetitious evidence...

§29A-5-3. Orders or Decisions - Every final order or decision rendered by any agency in...

§29A-5-4. Judicial Review of Contested Cases - (a) Any party adversely affected by a final order or...

§29A-5-5. Exceptions - The provisions of this article shall not apply to the...

Article 6. Appeals

§29A-6-1. Supreme Court of Appeals - (a) Any party adversely affected by the final judgment of...

Article 7. General Provisions

§29A-7-1. Limitations on Certain Administrative Powers - No process, requirement of a report, inspection, or other investigative...

§29A-7-2. Notice Generally - Whenever an agency or person is authorized or required to...

§29A-7-3. Repeals; Subsequent Legislation - All acts or parts of acts which are inconsistent with...

§29A-7-4. Construction and Effect; Severability of Provisions - Nothing in this chapter shall be held to limit or...

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West Virginia Code Chapter 29A. State Administrative Procedures Act

West Virginia Code
Chapter 29A. State Administrative Procedures Act