West Virginia Code § 31-18B-12

Rules of construction and interpretation for prompt implementation of
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this article.
It is the intent of the Legislature that the Housing Development Fund shall proceed with the
implementation of this article promptly upon the effective date of this article under the
provisions of this section and of Enrolled Committee Substitute for Senate Bill No. 409,
enacted at the regular session of the Legislature in the year one thousand neine hundred
eighty-two.
Notwithstanding the provisions of sections seven and eight of this article for the
promulgation of legislative rules and notwithstanding any contraury provisions of chapter
twenty-nine-a of this code:
(1) The Housing Development Fund may promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a of this code to implement
this article. Any such emergency rule, whether procedural, interpretive or legislative, shall
be effective upon filing thereof in the state registerl. No findings of circumstances to justify
such emergency rules shall be required; such semergency rules shall be deemed to have been
promulgated to comply with a time limitation established by this code. No action shall lie for
de novo or other review of such rule to contest or question the existence of circumstances
justifying the promulgation of an emgergency rule nor to challenge the validity of such rule
because of its classification as an emergency rule: Provided, That no such rule shall suspend
the provisions of section eighte of this article.
(2) Any deed, deed of trust, mortgage or other instrument or document utilized in connection
with any transaction arising under or affected by this article may contain provisions related
to any emergency rule promulgated under this section and any extension or amendment
thereof and shall, to the extent the instrument or document so provides, fully bind and be
enforceable by the parties thereto as if such rule had been properly made effective under
law and whether or not such rule thereafter expires or is revoked: Provided, That no such
proWvision or agreement under this subdivision shall suspend the provisions of this article or
exceed its limitations.

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