Before a rule becomes an official part of the Code of State Rules, it must go through a series of Rule-Making steps.
When an agency promulgates a new rule or amends an existing rule, the agency must announce either a public comment period, public hearing or both.
Information about the comment period can be found on the cover sheet of the rule.
Once the comment period has ended, the rule will be removed from this table and will be viewable in it's next step.
After the comment period or hearing is finished, the agency may modify the proposed rule.
The agency approved version of the rule will include copies of comments received by the agency along with any changes made based on these comments.
The modified version of the rule will include any changes recommended by the Legislative Rule Making and Review Committee (LRMRC).
When a rule is needed before a legislative rule can be made effective through the normal rule-making process, an agency may promulgate an emergency rule.
The agency must have authority granted by the West Virginia Legislature and make the case that a true emergency exists, as defined by law.
Emergency rules remain valid up to fifteen (15) months or until a legislative rule becomes effective to take its place.
These rules have completed all of the Rule-Making steps and are currently effective.
However, if an Emergency Rule is in effect for a particular rule, it supersedes that rule. Please check to see if an Emergency Rule is currently in effect.
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