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 Proposed Rules

Rules which are not yet part of the Code of State Rules are available to the public during the rule-making process to encourage public participation and comment. All comments should go directly to the Agency proposing the rule.

Online for Comment

Proposed rules are posted online only during the public comment period. See About Proposed and Emergency Rules for information about what is posted here. For each rule which has also been filed as an emergency rule, an (E) is placed after the title number. Go to Emergency Rules to view the emergency rule filing. The two versions may not be identical.

Proposed Rules After Comment

After public comment but before rules go into effect, the proposed rules are listed for review. After the comment period, the agency may change the rule in response to public comment. Copies can be ordered from the Administrative Law Division and the most current version of the rule will be provided at the time you order.

Agency Approved and Modified Rules

Agency approved rules are filed after the public comment period is finished, then the rules go before the Legislative Rule Making Review Committee (LRMRC) and modified rules are filed, if necessary. View the Agency Approved or Modified Rules.

Some online postings for viewing and printing require the Acrobat Reader. For information about how to download and use the free reader, see Acrobat Reader Help.

Title/Series  148-03 

Agency

Administration

Rule Name

State Owned Vehicles

Hearing
Comment

July 12, 2018
Title/Series  61-01 

Agency

Agriculture

Rule Name

Animal Disease Control

Hearing
Comment

July 26, 2018
Title/Series  61-09 

Agency

Agriculture

Rule Name

West Virginia Seed Law

Hearing
Comment

July 27, 2018
Title/Series  61-29 

Agency

Agriculture

Rule Name

Industrial Hemp

Hearing
Comment

July 27, 2018
Title/Series  61-33 

Agency

Agriculture

Rule Name

Rural Rehabilitation Loan Program

Hearing
Comment

July 26, 2018
Title/Series  61-34 

Agency

Agriculture

Rule Name

Captive Cervid Farming

Hearing
Comment

July 26, 2018
Title/Series  61-37 

Agency

Agriculture

Rule Name

Agritourism

Hearing
Comment

July 27, 2018
Title/Series  61-38 

Agency

Agriculture

Rule Name

Farmers Markets

Hearing
Comment

July 27, 2018
Title/Series  61-39 

Agency

Agriculture

Rule Name

Seed Certification Program

Hearing
Comment

July 27, 2018
Title/Series  177-01 

Agency

Athletic Commission

Rule Name

Administrative Rules of the WV State Athletic Commission

Hearing
Comment

July 19, 2018
Title/Series  31-01 

Agency

Dietitians

Rule Name

Licensure and Renewal Requirements

Hearing
Comment

July 24, 2018
Title/Series  87-04 

Agency

Fire Commission

Rule Name

State Building Code

Hearing
Comment

July 23, 2018
Title/Series  64-11 

Agency

Health

Rule Name

Behavioral Health Centers Licensure

Hearing
Comment

July 21, 2018
Title/Series  64-14 

Agency

Health

Rule Name

Assisted Living Residences

Hearing
Comment

July 20, 2018
Title/Series  64-17 

Agency

Health

Rule Name

Food Establishments

Hearing
Comment

July 20, 2018
Title/Series  64-43 

Agency

Health

Rule Name

Food Manufacturing Facilities

Hearing
Comment

July 20, 2018
Title/Series  64-91 

Agency

Health

Rule Name

Newborn Screening System

Hearing
Comment

July 20, 2018
Title/Series  69-08 

Agency

Health and Human Resources

Rule Name

Chronic Pain Management Clinic Licensure

Hearing
Comment

July 21, 2018
Title/Series  69-12 

Agency

Health and Human Resources

Rule Name

Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment

Hearing
Comment

July 21, 2018
Title/Series  69-14 

Agency

Health and Human Resources

Rule Name

Collection and Exchange of Data Related to Overdoses

Hearing
Comment

July 21, 2018
Title/Series  65-06 

Agency

Health Care Authority

Rule Name

Cooperative Agreement

Hearing
Comment

July 21, 2018
Title/Series  133-04 

Agency

Higher Education Policy Commission

Rule Name

Rules and Administrative Procedures

Hearing
Comment

July 26, 2018
Title/Series  133-05 

Agency

Higher Education Policy Commission

Rule Name

Guidelines for Governing Boards in Employing and Evaluating Presidents

Hearing
Comment

July 26, 2018
Title/Series  133-07 

Agency

Higher Education Policy Commission

Rule Name

WV Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program

Hearing
Comment

July 26, 2018
Title/Series  133-54 

Agency

Higher Education Policy Commission

Rule Name

Campus Safety Procedures

Hearing
Comment

July 26, 2018
Title/Series  133-59 

Agency

Higher Education Policy Commission

Rule Name

Awarding Undergraduate College Credit for Prior Learning, Advanced Placement Credit, and College-Level Examination Program

Hearing
Comment

July 26, 2018
Title/Series  133-62 

Agency

Higher Education Policy Commission

Rule Name

Energy and Water Savings Performance Contracts, Monitoring Use and Reduction

Hearing
Comment

July 26, 2018
Title/Series  157-06 

Agency

Highways

Rule Name

Use of State Road Rights of Way and Adjacent Areas

Hearing
Comment

July 23, 2018
Title/Series  170-03 

Agency

Homeland Security and Emergency Management

Rule Name

The WV Statewide Interoperable Radio Network

Hearing
Comment

August 17, 2018
Title/Series  42-05 

Agency

Labor

Rule Name

Wage Payment and Collection

Hearing
Comment

July 16, 2018
Title/Series  42-09 

Agency

Labor

Rule Name

Child Labor

Hearing
Comment

July 19, 2018
Title/Series  42-12 

Agency

Labor

Rule Name

Bedding and Upholstered Furniture

Hearing
Comment

July 19, 2018
Title/Series  42-34 

Agency

Labor

Rule Name

Regulation of Heating, Ventilating, and Cooling Work

Hearing
Comment

July 16, 2018
Title/Series  42-37 

Agency

Labor

Rule Name

Jobs Act Procedures

Hearing
Comment

July 30, 2018
Title/Series  173-02 

Agency

Library Commission

Rule Name

Library Facilities Improvement Fund

Hearing
Comment

July 25, 2018
Title/Series  11-01A 

Agency

Medicine

Rule Name

Licensing and Disciplinary Procedures: Physicians; Podiatric Physicians and Surgeons

Hearing
Comment

July 23, 2018
Title/Series  11-12 

Agency

Medicine

Rule Name

Permitting and Disciplinary Procedures: Educational Permits for Graduate Medical Interns, Residents and Fellows

Hearing
Comment

July 23, 2018
Title/Series  56-03 

Agency

Miners' Health, Safety and Training

Rule Name

Rule Governing the Safety of Those Employed in and Around Surface Mines in West Virginia

Hearing
Comment

July 19, 2018
Title/Series  58-12 

Agency

Natural Resources

Rule Name

Commercial Whitewater Outfitters

Hearing
Comment

July 26, 2018
Title/Series  58-25 

Agency

Natural Resources

Rule Name

Boating Rule

Hearing
Comment

July 26, 2018
Title/Series  58-36 

Agency

Natural Resources

Rule Name

Cabwaylingo State Forest Trail System Two Year Pilot Project Permitting ATVs and ORVs

Hearing
Comment

July 26, 2018
Title/Series  15-01

Agency

Pharmacy

Rule Name

Licensure and Practice of Pharmacy

Hearing
Comment

July 22, 2018
Title/Series  15-07

Agency

Pharmacy

Rule Name

Registration of Pharmacy Technicians

Hearing
Comment

July 16, 2018
Title/Series  15-09

Agency

Pharmacy

Rule Name

Disciplinary Procedures

Hearing
Comment

July 21, 2018
Title/Series  15-15

Agency

Pharmacy

Rule Name

Regulations Governing Pharmacy Permits

Hearing
Comment

July 22, 2018
Title/Series  15-16

Agency

Pharmacy

Rule Name

Regulations Governing Pharmacists

Hearing
Comment

July 20, 2018
Title/Series  15-17

Agency

Pharmacy

Rule Name

Board of Pharmacy Rules for the Substitution of Biological Pharmaceuticals

Hearing
Comment

July 21, 2018
Title/Series  156-01

Agency

Public Employees Grievance Board

Rule Name

Rules of Practice and Procedure of the WV Public Employees Grievance Board

Hearing
Comment

July 12, 2018
Title/Series  178-01

Agency

Racing Commission

Rule Name

Thoroughbred Racing 

Hearing
Comment

July 13, 2018
Title/Series  190-02

Agency

Real Estate Appraiser Licensing and Certification Board

Rule Name

Requirements for Licensure and Certification

Hearing
Comment

July 27, 2018
Title/Series  190-04

Agency

Real Estate Appraiser Licensing and Certification Board

Rule Name

Investigative and Hearing Procedures

Hearing
Comment

July 26, 2018
Title/Series  19-01

Agency

Registered Professional Nurses

Rule Name

Policies, Standards and Criteria for the Evaluation, Approval and Accreditation of Colleges, Departments or Schools of Nursing

Hearing
Comment

July 20, 2018
Title/Series  19-03

Agency

Registered Professional Nurses

Rule Name

Requirements for Registration and Licensure and Conduct Constituting Professional Misconduct

Hearing
Comment

July 20, 2018
Title/Series  19-07

Agency

Registered Professional Nurses

Rule Name

Advanced Practice Registered Nurse

Hearing
Comment

July 20, 2018
Title/Series  19-09

Agency

Registered Professional Nurses

Rule Name

Disciplinary Action

Hearing
Comment

July 20, 2018
Title/Series  19-10

Agency

Registered Professional Nurses

Rule Name

Standards for Scope of Professional Nursing Practice

Hearing
Comment

July 20, 2018
Title/Series  19-12

Agency

Registered Professional Nurses

Rule Name

Fees for Services Rendered by the Board and Supplemental Renewal Fee for the Center for Nursing

Hearing
Comment

July 20, 2018
Title/Series  19-13

Agency

Registered Professional Nurses

Rule Name

Dialysis Technicians

Hearing
Comment

July 20, 2018
Title/Series  164-02

Agency

School Building Authority of WV

Rule Name

Funding School Building Authority Projects

Hearing
Comment

July 26, 2018
Title/Series  164-03

Agency

School Building Authority of WV

Rule Name

School Planning and Design Criteria

Hearing
Comment

July 26, 2018
Title/Series  164-04

Agency

School Building Authority of WV

Rule Name

Project Administration and Review

Hearing
Comment

July 26, 2018
Title/Series  164-05

Agency

School Building Authority of WV

Rule Name

School Building Authority Contracts and Agreements

Hearing
Comment

July 26, 2018
Title/Series  164-06

Agency

School Building Authority of WV

Rule Name

School Building Authority Reporting Procedures

Hearing
Comment

July 26, 2018
Title/Series  164-07

Agency

School Building Authority of WV

Rule Name

School Access Safety Act Guidelines and Procedures

Hearing
Comment

July 26, 2018
Title/Series  127-01

Agency

Secondary School Activities Commission

Rule Name

Constitution

Hearing
Comment

July 16, 2018
Title/Series  127-02

Agency

Secondary School Activities Commission

Rule Name

Athletics, Provision Governing Eligibility

Hearing
Comment

July 16, 2018
Title/Series  127-03

Agency

Secondary School Activities Commission

Rule Name

Provisions Governing Contests

Hearing
Comment

July 16, 2018
Title/Series  127-05

Agency

Secondary School Activities Commission

Rule Name

Band Activities

Hearing
Comment

July 16, 2018
Title/Series  153-46

Agency

Secretary of State

Rule Name

Notaries Public

Hearing
Comment

July 28, 2018
Title/Series  25-01

Agency

Social Work Examiners

Rule Name

Qualifications for the Profession of Social Work

Hearing
Comment

July 16, 2018
Title/Series  25-07

Agency

Social Work Examiners

Rule Name

Code of Ethics

Hearing
Comment

July 16, 2018
Title/Series  110-10F

Agency

Tax

Rule Name

Payment of Taxes by Electronic Funds Transfer

Hearing
Comment

July 27, 2018
Title/Series  110-15K

Agency

Tax

Rule Name

Aircraft Operated Under a Fractional Ownership Program

Hearing
Comment

July 26, 2018
Title/Series  110-21B

Agency

Tax

Rule Name

Citizen Tax Credit for Property Taxes Paid

Hearing
Comment

July 26, 2018
Title/Series  110-49

Agency

Tax

Rule Name

Administration of Tax on Purchases of Wine and Liquor

Hearing
Comment

July 26, 2018
Title/Series  110-50A

Agency

Tax

Rule Name

Exchange of Information Agreement Between Tax Div. and Div. of Environmental Protection

Hearing
Comment

July 27, 2018
Title/Series  110-50B

Agency

Tax

Rule Name

Exchange of Information Agreement Between the State Tax Div. and the Alcohol Beverage Control Admin.

Hearing
Comment

July 27, 2018
Title/Series  110-50C

Agency

Tax

Rule Name

Exchange of Information Pursuant to Written Agreement

Hearing
Comment

July 26, 2018
Title/Series  110-50D

Agency

Tax

Rule Name

Exchange of Information Agreement Between the Comm. of the Tax Div., the Comm. of the Div. of Labor, and the Commissioner of Insurance

Hearing
Comment

July 27, 2018
Title/Series  110-50E

Agency

Tax

Rule Name

Exchange of Information Agreement Between the State Tax Dept. and the WV Lottery

Hearing
Comment

July 27, 2018
Title/Series  110-50F

Agency

Tax

Rule Name

Exchange of Information Agreement Between the State Tax Dept. and the Office of the State Fire Marshal 

Hearing
Comment

July 27, 2018
Title/Series  112-16

Agency

Treasurer

Rule Name

Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests

Hearing
Comment

July 27, 2018