West Virginia Code § 29A-3B-5

Notice of proposed rule making
Open in Lexace · Ask the AI about this section
When the board proposes to promulgate a rule other than an emergency rule, it shall file in
the state register a notice of its action, including a text of the rule proposed, a fiscal note as
defined in subsection (b) of section four, and any request for the submission of evidence to
be presented on any factual determinations or inquiries required by law to promulgate such
rule. If the board is considering alternative draft proposals, it may include thee text thereof.
The notice shall fix a date, time and place for the taking of evidence for any findings and
determinations which are a condition precedent to promulgation of the proposed rule and
contain a general description of the issues to be decided. If no fiundings and determinations
are required as a condition precedent to promulgation, the notice shall fix a date, time and
place for receipt of public comment on such proposed rule. t
If findings and determinations are a condition precedent to the promulgation of such rule,
then an opportunity for public comment on the merits of the rule shall be afforded after such
findings and determinations are made. In such evelnt, notice of the hearing, or of the period
for receiving public comment on the proposeds rule, shall be attached to and filed as a part of
the findings and determinations of the board when filed in the state register.
In any hearing for public comment ogn the merits of the rule, the board may limit
presentations to written material. The time, date and place fixed in the notice shall
constitute the last opportunity to submit any written material relevant to any hearing, all of
which may be earlier submitted by filing with the board.
The board may also, at its expense, cause to be published as a Class I legal publication in
every county of the state, any notice required by this section.
Any citizen orV other interested party may appear and be heard at such hearings as are
required by this section.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.