West Virginia Code § 18-10R-12

Construction and severability
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(a) This compact and the commission's rulemaking authority shall be liberally construed so
as to effectuate the purposes, and the implementation and administration of the compact.
Provisions of the compact expressly authorizing or requiring the promulgation of rules shall
not be construed to limit the commission's rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence or
provision of this compact is held by a court of competent jurisdiction to be contrary to the
constitution of any Member state, a State seeking participation in the compact, or of the
United States, or the applicability thereof to any government, aguency, person or
circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity
of the remainder of this compact and the applicability thereotf to any other government,
agency, person or circumstance shall not be affected thereby.
(c) Notwithstanding subsection B of this section, the commission may deny a state's
participation in the compact or, in accordance withl the requirements of §18-10R-10.B of this
code, terminate a member state's participatiosn in the compact, if it determines that a
constitutional requirement of a Member state is a material departure from the compact.
Otherwise, if this compact shall be held to be contrary to the constitution of any member
state, the compact shall remain in fugll force and effect as to the remaining member states
and in full force and effect as to the Member state affected as to all severable matters.

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