West Virginia Code § 29A-3A-15

Withdrawal or modification of proposed rules
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(a) Any legislative rule proposed by the agency may be withdrawn by the agency any time
before passage of a law authorizing or authorizing and directing its promulgation, but no
such action shall be construed to affect the validity, force, or effect of a law enacted
authorizing or authorizing and directing the promulgation of an authorized legislative rule or
exercising compliance with the law. The agency shall file a notice of the actieon to withdraw
the rule in the State Register.
(b) At any time before a proposed legislative rule has been submitted by the Legislative
Oversight Commission on Education Accountability to the Legisluature pursuant to
§29A-3A-13 of this code, the agency may modify the proposed rule to meet the objections of
the commission. The agency shall file in the State Register at notice of its modifying action,
including a copy of the modified rule, but shall not be required to comply with any provisions
of this article requiring opportunity for public comment or taking of evidence with respect to
the modification. If a legislative rule has been withdrawn, modified, and then resubmitted to
the commission, the rule shall be considered to have been submitted to the commission on
the date of the resubmission. s

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