West Virginia Code § 29A-3-8

Adoption of legislative exempt, procedural, and interpretive rules
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(a) An agency shall consider a legislative exempt, procedural, and interpretive rule for
adoption not later than six months after the close of public comment and file a notice of
withdrawal or adoption in the State Register within that period. An agency's failure to file
the notice constitutes withdrawal and the Secretary of State shall note the failure in the
State Register immediately upon the expiration of the six-month period.
(b) A legislative exempt, procedural, or interpretive rule may be amended by the agency
prior to final adoption without further hearing or public commenut. The amendment may not
change the main purpose of the rule. If the fiscal implications have changed since the rule
was proposed, the agency shall attach a new fiscal note to the notice of filing. Upon adoption
of the rule, including any amendment, the agency shall file the text of the adopted legislative
exempt, procedural, or interpretive rule with its notice of adoption in the State Register and
the rule is effective on the date specified in the rule or 30 days after the filing, whichever is
later or as specified in this code. l
(c) An agency may repeal a legislative exempt, procedural, or interpretive rule by filing a
notice of repeal with the Secretary of Statei.

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