The Administrative Procedures Act (APA), Chapter 29A of West Virginia Code, establishes the procedures, time lines and types of rules for promulgating by agencies covered in the act.
The Legislature grants authority to the various state boards, commissions, departments, offices or officers authorized by law to make rules based on subject matter.
The rules are intended to implement, extend, apply, interpret or make specific the law administered by the agency or provide procedural guidance.
What are the different rule types?
Rules are classified based on the circumstances and purpose of a rule. Rule classifications are:
Legislative
A legislative rule is a rule proposed by an agency that must be approved by the Legislature before it can go into effect. Under the APA, this rule type:
- carries the force of law
- supplies a basis of civil or criminal liability
- grants or denies a specific benefit
Legislative rules do not include:
- findings or determinations of fact made or reported by an agency
- declaratory rulings issued by an agency
- orders
- executive orders or proclamations by the governor issued solely in the exercise of executive power
Legislative-Exempt
A legislative-exempt is a rule promulgated by an agency relating to a subject matter that is exempt from the rule-making provisions of W. Va. Code §29A-3-1 et. seq.
Procedural
A procedural rule is one that sets procedures, practice or evidence for dealing with or proceedings before an agency. They may explain how to do something like file documents, register for something and/or forms to be used.
Procedural rules are not reviewed or approved by the Legislature.
Interpretive
An interpretive rule is one that provides information or guidance regarding the agency's interpretations, policy or opinions about the law enforced or administered by it. They are not to be used to determine any issue affecting private rights, privileges or interests.
Interpretive rules are not reviewed or approved by the Legislature.
Does each type of rule go through the same rule-making process to become effective?
Legislative-exempt, procedural and interpretive rules go through a similar process that does not involve approval by the Legislature. Legislative rules have a different process. Please see either Legislative-Exempt, Procedural and Interpretive Rule-Making Steps or Legislative Rule-Making Steps along with this visual aid.
What if a rule is needed quickly, before the time it takes to complete all the steps?
An Emergency Rule is an option for Legislative rules in some circumstances.
How are rules filed?
Rules are filed in the Secretary of State's office electronically using eRules.
Are there any resources available that explain the process details?
Please see the Secretary of State's procedural rule 153CSR1 or the Secretary of State's legislative rule 153CSR6.
Where can I find Lottery game rules?
All rules for video lottery games that have been approved by the Lottery Commission are available for review at the Commission Office:
900 Pennsylvania Avenue
Charleston, WV 25302
(304) 558-0500
www.wvlottery.com
