West Virginia Code § 29A-3A-13

Submission of legislative rules to Legislature
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(a) No later than 40 days before the 60th day of each regular session of the Legislature, the
co-chairs of the Legislative Oversight Commission on Education Accountability 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 commission pursuant to
§29A-3A-11 of this code and which have not been previously submitted to thee Legislature for
study, together with the recommendations of the commission with respect to the rules, a
statement of the reasons for any recommendation that a rule be amendred or withdrawn, and
a statement that a bill authorizing the legislative rule has been drafted by the staff of the
commission or by Legislative Services pursuant to §29A-3A-12 of this code. The co-chairs of
the commission may also submit the rules at the direction of the commission at any time
before or during a special session in which consideration thetreof may be appropriate. The
commission may withhold from its report any proposed legislative rule which was submitted
to the commission after the last Friday in July of the previous calendar year: Provided, That
in 2025 and every four years thereafter, the commission may withhold from its report any
proposed legislative rule which was submitted to the commission after the last Friday in
August of the previous calendar year. The clerk of each house shall submit the report to his
or her house at the commencement of the next session.
(b) All bills introduced authorizing tghe promulgation of a rule may be referred by the
Speaker of the House of Delegates and by the President of the Senate to appropriate
standing committees of the resepective houses for further consideration or the matters may
be otherwise dealt with as each house or its rules provide. The Legislature may by act
authorize the agency to Ladopt a legislative rule incorporating the entire rule or may
authorize the agency to adopt a rule with any amendments adopted by the Legislature. The
clerk of the house or iginating 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. 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 by the agency.
(c) If the Legislature during its regular session disapproves all or part of any legislative rule
which was submitted to it by the Legislative Oversight Commission on Education
Accountability during the session, the agency may not thereafter issue any rule or directive
or take other action to implement the rule or part thereof unless and until otherwise
authorized to do so, except that the agency may resubmit the same or similar proposed rule
to the Legislative Oversight Commission on Education Accountability in accordance with
§29A-3A-12 of this code.
(d) Nothing herein shall be construed to prevent the Legislature by law from authorizing, or
authorizing and directing, the agency to promulgate legislative rules not proposed by the
agency or upon which some procedure specified in this chapter is not yet complete.
(e) Whenever the Legislature is convened by proclamation of the Governor, upon his or her
own initiative or upon application of the members of the Legislature, 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 Oversight
Commission on Education Accountability or not, if legislative action on the rule during the
session is a lawful order of business. e
(f) As a part of any act that amends chapter 18B of this code, chapter 1r8C of this code, and
§18-9D-1 et seq. of this code, authorizing the promulgation of a proposed legislative rule or
rules, the 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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