West Virginia Code § 29A-2-6

Format and numbering of agency rules filed in State Register; electronic
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filing required beginning July 1, 2011; pilot project.
(a) Each proposed rule filed by an agency requiring a notice to be published in the state
Register in accordance with the provisions of section five, article three of this chapter shall
include as its initial provisions: (1) A statement identifying such rule as a legislative rule, an
interpretive rule or a procedural rule, as the case may be; (2) a statement ofe such section,
article and chapter of this code to which such rule or any part thereof relates; and (3) a
statement of the section, article and chapter of this code or any other prrovision of law which
provides authority for the promulgation of such rule. The agency shall be estopped from
relying on any authority for the promulgation of such rule which is not stated therein in
accordance with the requirements of this subdivision.
(b) Each rule when filed, to be finally effective, shall have attached thereto an abstract of its
promulgation history prepared by the agency showing the date of the filing in the state
Register of the content of, or notice of any procedure relating to, action necessary under this
chapter to cause such rules to be finally effective: Provided, That any error or omission in
such abstract shall not affect the validity of ansy rule or action in respect thereto.
(c) The Secretary of State shall prescribe by legislative rule a standard size, format,
numbering and indexing for rules tog be filed in the state Register, and may prescribe
procedural or interpretive rules to clarify and interpret the provisions in this section. The
Secretary of State shall refusee to accept for filing any rules which do not comply with the
specific provisions of this section. The Secretary of State may also refuse to accept any rules
which do not comply witLh the rules issued pursuant to this section.
(d) Unless and until the Secretary of State prescribes otherwise by rule issued and made
effective under the provisions of subsection (c) of this section, each rule filed in paper form
in the state Register shall be on white paper measuring eight and one-half inches by eleven
inches, typewritten and single-spaced, with a one inch margin at the top, bottom and each
sideW of each page, and shall be reproduced photographically, or by xerography or other
duplication process. The Secretary of State may grant specific exceptions to such
requirements in the case of maps, diagrams and exhibits, if the same may not be
conveniently folded and fastened with the other pages of rules and in the case of rules which
incorporate a rule or regulation of a federal agency or other organization which could not be
submitted in the standard size and format except at undue expense. Materials submitted for
inclusion in the state Register shall be fastened on the left side by two or more fasteners
attached through holes suitable for insertion into ring binders.
(e)(1) Beginning July 1, 2011, unless otherwise authorized by the Secretary of State, all
agencies, boards and commissions having rulemaking authority, shall file the provisions of
and attachments to all proposed rules required to be filed with the Secretary of State, and
any associated documents that are required to be published in the state Register, exclusively
in a electronic format. The Secretary of State may exempt an agency, board or commission
from this requirement upon the Secretary of State's determination that the filer is without
the means to electronically file the documents and to require electronic filing would place an
unreasonable burden on the agency, board or commission.
(2) On or before July 1, 2010, the Secretary of State shall propose for promulgation
legislative rules to establish a uniform system for the electronic filing required by the
provisions of this section and to otherwise implement those provisions.
(3) During the calendar year 2010, through procedural rules, the Secretary of State may
institute a limited pilot project through which proposed new rules or amendments to existing
rules may be filed electronically by any agency, board or commission under agreement with
the Secretary of State. Participation by any agency, board or comumission in the pilot project
is voluntary.

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