Administrative Law Division

Rule-Making Deadlines

Rule-making deadlines for the 2024 Legislative session are:

• Wednesday, June 28, 2023 to put a rule out for public comment; and
• Friday, July 28, 2023 to file an Agency Approved rule.

Legislative-Exempt, Interpretive and Procedural rules are not affected by deadlines and can be filed at any time during the year.

Deadlines for filing Legislative rules are found in W. Va. Code §29A-3-12(a). It establishes the deadline date for filing an Agency Approved rule with the Legislative Rule-Making Review Committee for consideration during the next Legislative session as the last Friday in July. Beginning in 2020, and every four years after, it is the last Friday in August. For rules filed with the Legislative Oversight Commission on Education Accountability, the deadline date is established by W. Va. Code §29A-3A-13.

State of Emergency Suspension of Certain Rules

At the outbreak of the pandemic caused by the COVID-19 virus, a State of Emergency was declared for all counties in West Virginia on March 16, 2020. The Proclamation contained a provision allowing state agencies the ability to suspend rules if strict compliance would prevent or delay necessary action in coping with the emergency.

On November 12, 2022, a subsequent Proclamation was filed ending the State of Emergency effective January 1, 2023. On that day all remaining rule provisions under suspension will be reinstated.

Please click here for information about the rules that were affected by a suspension.

State Register Portal

As traditional workspace and functionality needs have changed drastically over the last couple of years, the Secretary of State’s office has been working on addressing these needs and providing useful solutions. We are proud to introduce an innovation designed to help State agencies that are required to publish non-rule documents in the State Register. For efficient delivery of documents, the Register Portal has been created.

Instructions for using the State Register Portal

Simply upload the document, add any publication notes, and submit. Upon acceptance, you will receive an email and a link to an e-stamped copy of your document. The document will be made available to the public. All confidential information must be redacted before uploading.

To get started, create a Universal Access Account and submit an Authorization Form. If you already have a UAA, simply submit the Authorization Form. You will be notified when permissions have been added. Please note, the Register Portal is not intended for the submission of rule filings, FOIA information or meeting notices.