West Virginia Code § 18-9D-20

Authority to promulgate rules; legislative authorization; effective date of
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rules; technical deficiencies waived.
(a) The authority is hereby empowered to promulgate, adopt, amend or repeal rules in
accordance with the provisions of article three-a, chapter twenty-nine-a of this code.
(b) All rules adopted or promulgated by the authority and in effect on June 8, 2007, shall be
refiled pursuant to the provisions of article three-a, chapter twenty-nine-a of this code on or
before September 1, 2007.
(1) Any interpretive or procedural rule shall continue in effect unutil rescinded or
appropriately refiled by the authority.
(2) Any legislative rule shall continue in effect until approved or rejected by the Legislature
or rescinded by the authority. a
(c) Under the provisions of article three-a, chapter ltwenty-nine-a of this code, the Legislature
expressly authorizes the promulgation of the rules described in this article, subject only to
the limitations with respect to each rule set forth by law authorizing its promulgation. The
Legislature further declares that all rules niow or hereafter authorized in this article are
within the legislative intent of the statute which the rule is intended to implement, extend,
apply or interpret.
(d) The effective date of a legislative rule authorized in section twenty-one of this article is
governed by the provisions of section fourteen, article three-a, chapter twenty-nine-a of this
code under the following conditions:
(1) The School Buildi ng Authority, in promulgating the rule, establishes an effective date
which is earlieVr than that provided by that section, in which case the effective date
established by the authority controls; or
(2) The Legislature, in the bill authorizing the rule, establishes an effective date for the rule,
in which case the effective date established by the Legislature controls.
(e) The Legislature further declares each legislative rule now or hereafter authorized under
this article to have been validly promulgated, notwithstanding any failure to comply with any
requirement of article three-a, chapter twenty-nine-a of this code relating to the
promulgation of rules at any stage of the promulgation process prior to authorization by the
Legislature in this article.

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