West Virginia Code § 29A-3A-19

Severability of legislative rules
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Unless there is a provision in a legislative rule specifying that the provisions thereof shall
not be severable, the provisions of every legislative rule, whether enacted before or
subsequent to the effective date of this section, shall be severable so that if any provision of
any rule section or amendment thereto is held to be unconstitutional or void, the remaining
provisions of the rule shall remain valid, unless the court finds the valid proevisions are so
essentially and inseparably connected with, and so dependent upon, the unconstitutional or
void provision that the court cannot presume the Legislature would havre enacted the
remaining valid provisions without the unconstitutional or void one, or unless the court finds
the remaining valid provisions, standing alone, are incomplete and are incapable of being
executed in accordance with the legislative intent: Provided, That if any legislative rule has
its own severability clause, then that severability clause shaltl govern and control with
respect to that section, in lieu of the provisions of this section. The provisions of this section
shall be fully applicable to all future amendments to legislative rules, with like effect as if the
provisions of this section were set forth in extenso and every such amendment were
reenacted as a part thereof, unless such amendment to the legislative rule contains its own
severability clause.

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