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Rule-Making Steps and Time Frame for Legislative Rules

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It can take almost one (1) year for a legislative rule to complete the entire rule-making process. If changes to the W. Va. Code are needed, they must be made before the rule can be proposed. This could extend the time frame to two (2) years.

PLEASE NOTE

See the Regulatory Moratorium to verify compliance.

All needed forms become available in the Secretary of State’s eRules system when the rule is uploaded to the correct field.

Legislative Rule-Making Steps

Step 1

Public Comment Period

  • The agency makes the proposed rule available to the public for a written comment period, public hearing or both by filing a Notice of Public Comment Period with the Secretary of State’s office.

  • The comment period must be for a minimum of thirty (30) days but not more than sixty (60) days.

  • The entire rule must be filed with language to be deleted struck-through and new language to be added underlined.

  • The form filed with the rule will contain the required information including the date, time and place for the receipt of public comments and/or hearing information.

  • Any “adopted by reference”, “supporting documents”, “other” documents and any tables, charts, diagrams etc. should be filed at this time for consideration throughout the rule-making process.

Step 2

Agency Approved Filing

  • No later than ninety (90) days after the close of the comment period and after considering the comments received, the agency approves the rule for filing with LRMRC by filing a Notice of Agency Approval of a Proposed Rule with the Secretary of State’s office.

  • The entire rule must be filed including any changes based on comments.

  • The form filed with the rule will contain the required information.

  • A copy of all comments received and/or a hearing transcript must be submitted.

  • The agency response to each comment must be submitted. An agency may consolidate substantially similar comments and responses in the interest of efficiency.

Step 3

Modified Filing

  • LRMRC will meet and consider the proposed rules. If the committee approves the rule as filed, there are no more requirements until after the Legislative session. If the committee recommends changes, the agency files a Notice of Rule Modification with the Secretary of State’s office.

  • The entire rule must be filed including the recommendations of LRMRC.

  • The form filed with the rule will contain the required information.

  • The filing should be within ten (10) days of the date of the LRMRC meeting unless otherwise specified.

Step 4

Waiting

  • All the proposed legislative rules are placed in bills and considered by the Legislature during session.

  • The Legislature may amend rules on the floor.

  • After the bill granting legislative approval for the promulgation of the rule is passed it is sent to the Governor for signature.

Step 5

Final Filing

  • Upon passage of the bill and signature of the Governor, the agency files a Notice of Final Filing with the Secretary of State’s office. This filing must be done within sixty (60) days of the effective date of the bill.

  • A clean copy of the entire rule must be filed including the removal of all strike-throughs and underlines and any changes made by the Legislature. The filing date, effective date and sunset date (if applicable) will be added to the General section of the rule.

  • The form filed with the rule will contain the required information.

  • The rule will become effective upon the final filing of the rule, or the date fixed by the authorizing act, or a date not to exceed ninety (90) days as fixed by the agency.


If we may be of any further assistance, please don't hesitate to contact us:  304.558.6000   toll free 866.767.8683  email:   AdLaw@wvsos.gov