West Virginia Code § 29A-3-12

Submission of legislative rules to Legislature
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(a) No later than 40 days before the sixtieth day of each regular session of the Legislature,
the cochairmen of the Legislative Rule-Making Review Committee shall submit to the clerk
of the respective houses of the Legislature copies of all proposed legislative rules which have
been submitted to, and considered by, the committee pursuant to the provisions of §29A-3-11
of this code and which have not been previously submitted to the Legislature for study,
together with the recommendations of the committee with respect to the rules, a statement
of the reasons for any recommendation that a rule be amended or withdrawn, and a
statement that a bill authorizing the legislative rule has been draufted by the staff of the
committee or by Legislative Services pursuant to §29A-3-11 of this code. The cochairmen of
the committee may also submit the rules at the direction of tthe committee at any time before
or during a special session in which consideration of the rules may be appropriate.
Beginning in 2019, the committee may withhold from its report any proposed legislative rule
which was submitted to the committee after the last Friday in July and beginning in 2020,
and every four years thereafter, by the last Friday in August. The clerk of each house shall
submit the report to his or her house at the cosmmencement of the next session.
All bills introduced authorizing the promulgation of a rule may be referred by the President
of the Senate and by the Speaker ofg the House of Delegates to appropriate standing
committees of the respective houses for further consideration or the matters may be
otherwise dealt with as each heouse or its rules provide. The Legislature may, by act,
authorize the agency to adopt a legislative rule incorporating the entire rule or may
authorize the agency to Ladopt a rule with any amendments adopted by the Legislature. The
clerk of the house originating the act shall immediately file a copy of any bill of authorization
enacted with the Secretary of State and with the agency proposing the rule and the clerk of
each house may prepare and file a synopsis of legislative action during any session on any
proposed rule submitted to the house during the session for which authority to promulgate
was not by law provided during the session. In acting upon the separate bills authorizing the
proWmulgation of rules, the Legislature may, by amendment or substitution, combine the
separate bills of authorization insofar as the various rules authorized in the amendment or
substitution are proposed by agencies which are placed under the administration of one of
the single, separate executive departments identified under the provisions of §5F-1-2 of this
code or the Legislature may combine the separate bills of authorization by agency or
agencies within an executive department. In the case of rules proposed for promulgation by
an agency which is not administered by an executive department pursuant to the provisions
of §5F-1-2 of this code, the separate bills of authorization for the proposed rules of that
agency may, by amendment or substitution, be combined. These provisions relating to
combining separate bills of authorization according to department or agency are not
intended to restrict the permissible breadth of bills of authorization and do not preclude the
Legislature from otherwise combining various bills of authorization which have a unity of
subject matter. Any number of provisions may be included in a bill of authorization, but the
single object of the bill shall be to authorize the promulgation of proposed legislative rules.
(b) If the Legislature during its regular session disapproves all or part of any legislative rule
which was submitted to it by the Legislative Rule-Making Review Committee during the
session, an agency may not thereafter issue any rule or directive or take other action to
implement the rule or part of the rule unless and until otherwise authorized to do so, except
that the agency may resubmit the same or similar proposed rule to the Legislative Rule-
Making Review Committee in accordance with the provisions of §29A-3-11 of this code.
(c) Nothing shall be construed to prevent the Legislature by law from authorizing, or
authorizing and directing, an agency to promulgate legislative rules nort proposed by the
agency or upon which some procedure specified in this chapter is not yet complete.
(d) Whenever the Legislature is convened by proclamation of the Governor, upon his or her
own initiative or upon application of the members of the Legtislature, or whenever a regular
session of the Legislature is extended or convened by the vote or petition of its members, the
Legislature may by act enacted during the extraordinary or extended session authorize, in
whole or in part, any legislative rule, whether submitted to the Legislative Rule-Making
Review Committee or not, if legislative action on the rule during the session is a lawful order
of business. s
(e) As a part of any act that amends chapter 64 of this code, authorizing the promulgation of
a proposed legislative rule or rules, gthe Legislature may also provide, by general language or
with specificity, for the disapproval of rules not approved or acted upon by the Legislature.

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