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 Agency Approved and Modified Rules

These rules are not yet part of the Code of State Rules but have been passed by Legislative Rule Making Review Committee (LRMRC). LRMRC may approve the rule as filed, request modifications, amend or ask the agency to withdraw. This version of the rule will be exactly what LRMRC requested, and how the rule will be introduced to the Legislature.

For each rule which has also been filed as an emergency rule, an (E) is placed after the title number. Go to Emergency Rules to view the emergency rule filing. The two versions may not be identical.

 

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Title/Series 148-1
Agency Administration
Rule Name Purchasing Division
Filed Modified or Agency Approved September 16, 2014  Modified
Bill Numbers HB 2302 SB 142 Bundled SB 142
Title/Series 148-3
Agency Administration
Rule Name State Owned Vehicles
Filed Modified or Agency Approved September 16, 2014  Modified
Bill Numbers HB 2303 SB 148 Bundled SB 142
Title/Series 148-4
Agency Administration
Rule Name State Plan for the Operation of the West Virginia State Agency for Surplus Property
Filed Modified or Agency Approved September 16, 2014  Modified
Bill Numbers HB 2304 SB 143 Bundled SB 142
Title/Series 105-1
Agency Administrative Hearings
Rule Name Appeal Procedures
Filed Modified or Agency Approved December 23, 2014  Modified
Bill Numbers HB 2305 SB 193 Bundled SB 192
Title/Series 61-1
Agency Agriculture
Rule Name Animal Disease Control
Filed Modified or Agency Approved December 15, 2014  Modified
Bill Numbers HB 2306 SB 211 Bundled SB 199
Title/Series 61-4B
Agency Agriculture
Rule Name Frozen Desserts and Imitation Frozen Desserts
Filed Modified or Agency Approved October 30, 2014  Modified
Bill Numbers HB 2315 SB 210 Bundled SB 199
Title/Series 61-11B
Agency Agriculture
Rule Name Auctioneers
Filed Modified or Agency Approved November 19, 2014  Modified
Bill Numbers HB 2307 SB 212 Bundled SB 199
Title/Series 61-12
Agency Agriculture
Rule Name Fee Structure for the Pesticide Control Act of 1990
Filed Modified or Agency Approved July 29, 2014 Agency Approved
Bill Numbers HB 2308 SB 213 Bundled SB 199
Title/Series 61-14
Agency Agriculture
Rule Name West Virginia Plant Pest Act
Filed Modified or Agency Approved October 30, 2014  Modified
Bill Numbers HB 2309 SB 214 Bundled SB 199
Title/Series 61-16
Agency Agriculture
Rule Name Inspection of Meat and Poultry
Filed Modified or Agency Approved July 22, 2014 Agency Approved
As Approved by LRMRC
October 23, 2014
Bill Numbers HB 2276 SB 215 Bundled SB 199
Title/Series 61-24
Agency Agriculture
Rule Name West Virginia Spay Neuter Assistance Program
Filed Modified or Agency Approved December 15, 2014  Modified
Bill Numbers HB 2310 SB 216 Bundled SB 199
Title/Series 61-29
Agency Agriculture
Rule Name Industrial Hemp
Filed Modified or Agency Approved December 30, 2014  Modified
Bill Numbers HB 2311 SB 221 Bundled SB 199
Title/Series 61-30
Agency Agriculture
Rule Name Dangerous Wild Animal Rule
Filed Modified or Agency Approved December 15, 2014  Modified
Bill Numbers HB 2361 SB 222 Bundled SB 199
Title/Series 61-31
Agency Agriculture
Rule Name Livestock Care Standards
Filed Modified or Agency Approved December 15, 2014  Modified
Bill Numbers HB 2312 SB 217 Bundled SB 199
Title/Series 61-32
Agency Agriculture
Rule Name Equine Rescue Facilities
Filed Modified or Agency Approved December 15, 2014 Agency Approved
Bill Numbers HB 2313 SB 218 Bundled SB 199
Title/Series 61-33
Agency Agriculture
Rule Name Rural Rehabilitation Loan Program
Filed Modified or Agency Approved December 15, 2014  Modified
Bill Numbers HB 2362 SB 219 Bundled SB 199
Title/Series 61-35
Agency Agriculture
Rule Name Aquaculture Importation
Filed Modified or Agency Approved November 19, 2014  Modified
Bill Numbers HB 2314 SB 220 Bundled SB 199
Title/Series 45-14
Agency Air Quality
Rule Name Permits for Construction and Major Modification of Major Stationary sources for the Prevention of Significant Deterioration of Air Quality
Filed Modified or Agency Approved July 23, 2014 Agency Approved
Bill Numbers HB 2282 SB 164 Bundled
Title/Series 45-16
Agency Air Quality
Rule Name Standards of Performance for New Stationary Sources
Filed Modified or Agency Approved July 23, 2014 Agency Approved
As Approved by LRMRC
September 11, 2014
Bill Numbers HB 2283 SB 163 Bundled
Title/Series 45-25
Agency Air Quality
Rule Name Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities
Filed Modified or Agency Approved July 23, 2014 Agency Approved
As Approved by LRMRC
September 11, 2014
Bill Numbers HB 2284 SB 162 Bundled
Title/Series 45-30
Agency Air Quality
Rule Name Requirements for Operating Permits
Filed Modified or Agency Approved July 23, 2014 Agency Approved
As Approved by LRMRC
September 11, 2014
Bill Numbers HB 2285 SB 169 Bundled
Title/Series 45-34
Agency Air Quality
Rule Name Emission Standards for Hazardous Air Pollutants
Filed Modified or Agency Approved July 25, 2014 Agency Approved
As Approved by LRMRC
September 11, 2014
Bill Numbers HB 2286 SB 168 Bundled
Title/Series 175-2
Agency Alcohol Beverage Control Commission
Rule Name Private Club Licensing
Filed Modified or Agency Approved October 29, 2014  Modified
Bill Numbers HB 2316 SB 191 Bundled SB 187
Title/Series 176-1
Agency Alcohol Beverage Control Commission - Beer
Rule Name Nonintoxicating Beer Licensing and Operations Procedures
Filed Modified or Agency Approved November 6, 2014  Second Modified
Bill Numbers HB 2317 SB 190 Bundled SB 187
Title/Series 135-12
Agency Community & Technical College Education
Rule Name Capital Project Management
Filed Modified or Agency Approved January 28, 2014 Agency Approved
Bill Numbers HB 2892 SB Bundled
Title/Series 63-2
Agency Conservation Committee
Rule Name West Virginia Conservation Agency Financial Assistance Programs
Filed Modified or Agency Approved November 21, 2014  Modified
Bill Numbers HB 2358 SB 195 Bundled
Title/Series 162-7
Agency Consolidated Public Retirement Board
Rule Name Refund, Reinstatement, Retroactive Service, Loan and Employer Error Interest Factors
Filed Modified or Agency Approved July 31, 2014 Agency Approved
As Approved by LRMRC
September 11, 2014
Bill Numbers HB 2278 SB 144 Bundled SB 142
Title/Series 162-8
Agency Consolidated Public Retirement Board
Rule Name Service Credit for Accrued and Unused Sick and Annual Leave
Filed Modified or Agency Approved July 31, 2014 Agency Approved
As Approved by LRMRC
September 11, 2014
Bill Numbers HB 2279 SB 229 Bundled SB 142
Title/Series 162-10
Agency Consolidated Public Retirement Board
Rule Name Deputy Sheriff Retirement System
Filed Modified or Agency Approved July 31, 2014 Agency Approved
As Approved by LRMRC
September 11, 2014
Bill Numbers HB 2277 SB 145 Bundled SB 142
Title/Series 149-2
Agency Crime, Delinquency and Correction
Rule Name Law Enforcement Training and Certification Standards
Filed Modified or Agency Approved October 29, 2014  Modified
Bill Numbers HB 2327 SB 194 Bundled SB 199
Title/Series 5-1
Agency Dentistry
Rule Name West Virginia Board of Dentistry
Filed Modified or Agency Approved December 17, 2014  Modified
Bill Numbers HB 2318 SB 207 Bundled SB 199
Title/Series 5-2
Agency Dentistry
Rule Name Formation and Approval of Professional Limited Liability Companies
Filed Modified or Agency Approved July 25, 2014 Agency Approved
As Approved by LRMRC
December 17, 2014 
Bill Numbers HB 2280 SB 206 Bundled SB 199
Title/Series 5-6
Agency Dentistry
Rule Name Formation and Approval of Dental Corporations; and Dental Practice Ownership
Filed Modified or Agency Approved July 25, 2014 Agency Approved
As Approved by LRMRC
December 17, 2014 
Bill Numbers HB 2281 SB 209 Bundled SB 199
Title/Series 5-15
Agency Dentistry
Rule Name Dental Recovery Networks
Filed Modified or Agency Approved December 17, 2014  Modified
Bill Numbers HB 2319 SB 208 Bundled SB 199
Title/Series 213-1
Agency Enterprise Resource Planning Board
Rule Name Enterprise Resource Planning System User Fee
Filed Modified or Agency Approved June 26, 2014 Agency Approved
As Approved by LRMRC
October 23, 2014
Bill Numbers HB 2291 SB 198 Bundled SB 199
Title/Series 60-4
Agency Environmental Protection - Secretary's Office
Rule Name Awarding of WV Stream Partners Program Grants Rule
Filed Modified or Agency Approved July 29, 2014 Agency Approved
As Approved by LRMRC
November 20, 2014
Bill Numbers HB 2287 SB 160 Bundled
Title/Series 191-1
Agency Family Protection Services Board
Rule Name Operation of the Family Protection Advisory Board
Filed Modified or Agency Approved December 30, 2014  Modified
Bill Numbers HB 2320 SB 180 Bundled SB 199
Title/Series 191-2
Agency Family Protection Services Board
Rule Name Family Protection Programs, Outreach Services and Shelter
Filed Modified or Agency Approved December 17, 2014  Modified
Bill Numbers HB 2321 SB 178 Bundled SB 199
Title/Series 191-3
Agency Family Protection Services Board
Rule Name Perpetrator Intervention Programs Licensure
Filed Modified or Agency Approved December 17, 2014  Modified
Bill Numbers HB 2322 SB 228 Bundled SB 199
Title/Series 191-4
Agency Family Protection Services Board
Rule Name Monitored Parenting and Exchange Program Certification
Filed Modified or Agency Approved December 17, 2014  Modified
Bill Numbers HB 2323 SB 179 Bundled SB 199
Title/Series 191-5
Agency Family Protection Services Board
Rule Name Perpetrator Intervention Programs Licensure for Correctional Institutions
Filed Modified or Agency Approved December 17, 2014  Modified
Bill Numbers HB 2324 SB 181 Bundled SB 199
Title/Series 87-8
Agency Fire Commission
Rule Name Volunteer Firefighters' Training, Equipment and Operating Standards
Filed Modified or Agency Approved July 1, 2014  Agency Approved
As Approved by LRMRC
December 17, 2014 
Bill Numbers HB 2292 SB 184 Bundled SB 182
Title/Series 103-3
Agency Fire Marshal
Rule Name Supervision of Fire Protection Work
Filed Modified or Agency Approved July 1, 2014  Agency Approved
Bill Numbers HB 2325 SB 185 Bundled SB 182
Title/Series 22-1
Agency Forestry
Rule Name Ginseng Regulations
Filed Modified or Agency Approved September 18, 2014  Modified
Bill Numbers HB 2326 SB 159 Bundled SB 170
Title/Series 64-3
Agency Health
Rule Name Public Water Systems
Filed Modified or Agency Approved October 23, 2014  Modified
Bill Numbers HB 2333 SB 175 Bundled SB 175
Title/Series 64-13
Agency Health
Rule Name Nursing Home Licensure Rule
Filed Modified or Agency Approved November 6, 2014  Modified
Bill Numbers HB 2328 SB 176 Bundled SB 175
Title/Series 64-27
Agency Health
Rule Name Statewide Trauma/Emergency Care System
Filed Modified or Agency Approved October 14, 2014  Modified
Bill Numbers HB 2331 SB 177 Bundled SB 175
Title/Series 64-29
Agency Health
Rule Name Fatality and Mortality Review Team
Filed Modified or Agency Approved October 14, 2014  Modified
Bill Numbers HB 2332 SB 172 Bundled SB 175
Title/Series 64-60
Agency Health
Rule Name Medication Administration and Performance of Health Maintenance Tasks by Unlicensed Personnel
Filed Modified or Agency Approved November 6, 2014  Modified
Bill Numbers HB 2329 SB 173 Bundled SB 175
Title/Series 69-6
Agency Health and Human Resources
Rule Name Nurse Aide Abuse and Neglect Registry
Filed Modified or Agency Approved November 6, 2014  Modified
Bill Numbers HB 2330 SB 174 Bundled SB 175
Title/Series 69-8
Agency Health and Human Resources
Rule Name Chronic Pain Management Clinic Licensure
Filed Modified or Agency Approved July 31, 2014  Agency Approved
As Approved by LRMRC
October 23, 2014
Bill Numbers HB 2293 SB 171 Bundled SB 175
Title/Series 133-12
Agency Higher Education Policy Commission
Rule Name Capital Project Management
Filed Modified or Agency Approved January 24, 2014  Agency Approved
Bill Numbers HB 2892 SB Bundled
Title/Series 133-26
Agency Higher Education Policy Commission
Rule Name Underwood-Smith Teacher Scholarship Program
Filed Modified or Agency Approved As Approved by LOCEA
June 2, 2014
Bill Numbers HB 2892 SB Bundled
Title/Series 133-58
Agency Higher Education Policy Commission
Rule Name Nursing Scholarship Program
Filed Modified or Agency Approved August 4, 2014  Agency Approved
As Approved by LOCEA
October 7, 2014
Bill Numbers HB 2892 SB Bundled
Title/Series 114-11E
Agency Insurance
Rule Name Annuity Disclosure
Filed Modified or Agency Approved September 15, 2014  Modified
Bill Numbers HB 2334 SB 189 Bundled SB 187
Title/Series 114-45
Agency Insurance
Rule Name Recognizing Annuity Mortality Tables for Use in Determining Reserve Liabilities for Annuities
Filed Modified or Agency Approved August 1, 2014  Agency Approved
As Approved by LRMRC
September 11, 2014
Bill Numbers HB 2294 SB 188 Bundled SB 187
Title/Series 42-9
Agency Labor
Rule Name Child Labor
Filed Modified or Agency Approved December 2, 2014  Modified
Bill Numbers HB 2340 SB 154 Bundled SB 170
Title/Series 42-17
Agency Labor
Rule Name Amusement Rides and Amusement Attractions Safety Act
Filed Modified or Agency Approved December 2, 2014  Modified
Bill Numbers HB 2335 SB 153 Bundled SB 170
Title/Series 42-26
Agency Labor
Rule Name Weights and Measures Calibration Fees
Filed Modified or Agency Approved December 2, 2014  Modified
Bill Numbers HB 2336 SB 158 Bundled SB 170
Title/Series 42-31
Agency Labor
Rule Name Verifying the Legal Employment Status of Workers
Filed Modified or Agency Approved December 29, 2014  Modified
Bill Numbers HB 2337 SB 156 Bundled SB 170
Title/Series 42-32
Agency Labor
Rule Name Supervision of Plumbing Work
Filed Modified or Agency Approved December 2, 2014  Modified
Bill Numbers HB 2338 SB 155 Bundled SB 170
Title/Series 42-34
Agency Labor
Rule Name Regulation of Heating, Ventilating and Cooling Work
Filed Modified or Agency Approved December 2, 2014  Modified
Bill Numbers HB 2339 SB 157 Bundled SB 170
Title/Series 11-1B
Agency Medicine
Rule Name Licensure, Disciplinary and Complaint procedures, Continuing Educaton, Physician Assistants
Filed Modified or Agency Approved November 20, 2014  Modified


Bill Numbers HB 2341 SB 197 Bundled SB 199
Title/Series 56-20
Agency Miners' Health, Safety and Training
Rule Name Rules Governing the Safety of Those Employed In and Around Quarries in West Virginia
Filed Modified or Agency Approved September 16, 2014  Modified
Bill Numbers HB 2342 SB 270 Bundled SB 170
Title/Series 91-4
Agency Motor Vehicles
Rule Name Examination and Issuance of Driver's License
Filed Modified or Agency Approved December 31, 2014  Modified
Bill Numbers HB 2343 SB 192 Bundled SB 192
Title/Series 58-12
Agency Natural Rsources
Rule Name Commercial Whitewater Outfitters
Filed Modified or Agency Approved November 21, 2014  Modified
Bill Numbers HB 2344 SB 152 Bundled SB 170
Title/Series 58-26
Agency Natural Rsources
Rule Name Special Boating Rules
Filed Modified or Agency Approved July 30, 2014  Agency Approved
As Approved by LRMRC
October 23, 2014
Bill Numbers HB 2295 SB 151 Bundled SB 170
Title/Series 58-41
Agency Natural Rsources
Rule Name Wildlife Damage Control Agents
Filed Modified or Agency Approved September 29, 2014  Modified
Bill Numbers HB 2345 SB 150 Bundled SB 170
Title/Series 58-46
Agency Natural Rsources
Rule Name Defining the Terms Used In All Hunting and Trapping
Filed Modified or Agency Approved July 30, 2014  Agency Approved
As Approved by LRMRC
September 11, 2014
Bill Numbers HB 2296 SB 146 Bundled SB 170
Title/Series 58-49
Agency Natural Rsources
Rule Name General Hunting
Filed Modified or Agency Approved November 7, 2014  Modified
Bill Numbers HB 2346 SB 148 Bundled SB 170
Title/Series 58-67
Agency Natural Rsources
Rule Name Lifetime Hunting, Trapping and Fishing Licenses
Filed Modified or Agency Approved July 30, 2014  Agency Approved
As Approved by LRMRC
September 11, 2014
Bill Numbers HB 2297 SB 149 Bundled SB 170
Title/Series 58-71
Agency Natural Rsources
Rule Name Hunting, Trapping and Fishing License and Stamp Fee
Filed Modified or Agency Approved July 30, 2014  Agency Approved
As Approved by LRMRC
September 11, 2014
Bill Numbers HB 2298 SB 147 Bundled SB 170
Title/Series 16-4
Agency Physical Therapy
Rule Name Fees for Physical Therapist and Physical Therapists Assistant
Filed Modified or Agency Approved May 9, 2014  Agency Approved
As Approved by LRMRC
October 23, 2014
Bill Numbers HB SB 200 Bundled SB 199
Title/Series 24-2
Agency Osteopathy
Rule Name Osteopathic Physician Assistants
Filed Modified or Agency Approved July 31, 2014  Agency Approved
Bill Numbers HB 2348 SB 202 Bundled SB 199
Title/Series 24-5
Agency Osteopathy
Rule Name Fees for Services Rendered by the Board of Osteopathy
Filed Modified or Agency Approved July 31, 2014  Agency Approved
As Approved by LRMRC
November 20, 2014
Bill Numbers HB 2299 SB 201 Bundled SB 199
Title/Series 15-1
Agency Pharmacy
Rule Name Licensure and Practice of Pharmacy
Filed Modified or Agency Approved January 8, 2015  Modified 
Bill Numbers HB 2349 SB 223 Bundled SB 199
Title/Series 15-7
Agency Pharmacy
Rule Name Registration of Pharmacy Technicians
Filed Modified or Agency Approved Modified  January 8, 2015
Bill Numbers HB 2351 SB 204 Bundled SB 199
Title/Series 15-8
Agency Pharmacy
Rule Name Controlled Substances Monitoring
Filed Modified or Agency Approved Modified  January 8, 2015
Bill Numbers HB 2352 SB 205 Bundled SB 199
Title/Series 15-12
Agency Pharmacy
Rule Name Immunizations Administered by Pharmacists
Filed Modified or Agency Approved Modified  January 8, 2015
Bill Numbers HB 2350 SB 203 Bundled SB 199
Title/Series 16-4
Agency Physical Therapy
Rule Name Fees for Physical Therapist and Physical Therapists Assistant
Filed Modified or Agency Approved May 9, 2014  Agency Approved
Bill Numbers HB 2300 SB 200 Bundled SB 199
Title/Series 7-1
Agency Professional Engineers
Rule Name Examination, Licensure and Practice of Professional Engineers
Filed Modified or Agency Approved December 3, 2014  2nd Agency Approved
Bill Numbers HB 2364 SB 199 Bundled SB 199
Title/Series 178-1
Agency Racing
Rule Name Thoroughbred Racing
Filed Modified or Agency Approved July 29, 2014  Agency Approved
As Approved by LRMRC
September 11, 2014
Bill Numbers HB 2301 SB 187 Bundled SB 187
Title/Series 190-5
Agency Real Estate Appraiser Licensing and Certification
Rule Name Requirements for Registration and Renewal of Appraisal Management Companies
Filed Modified or Agency Approved December 23, 2014  Modified
Bill Numbers HB 2353 SB 197 Bundled SB 199
Title/Series 153-20
Agency Secretary of State
Rule Name Procedures for Recount of Election Results
Filed Modified or Agency Approved September 9, 2014  Modified
Bill Numbers HB 2354 SB 224 Bundled SB 199
Title/Series 153-45
Agency Secretary of State
Rule Name Standards and Guidelines for Electronic Notarization
Filed Modified or Agency Approved September 9, 2014  Modified
Bill Numbers HB 2355 SB 225 Bundled SB 199
Title/Series 153-46
Agency Secretary of State
Rule Name Notaries Public
Filed Modified or Agency Approved September 9, 2014  Modified
Bill Numbers HB 2356 SB 226 Bundled SB 199
Title/Series 153-50
Agency Secretary of State
Rule Name Schedule of Fees
Filed Modified or Agency Approved September 9, 2014  Modified
Bill Numbers HB 2357 SB 227 Bundled SB 199
Title/Series 81-9
Agency State Police
Rule Name West Virginia DNA Databank
Filed Modified or Agency Approved December 31, 2014  Modified
Bill Numbers HB 2359 SB 182 Bundled SB 182
Title/Series 110-1Q
Agency Tax
Rule Name Appointment of Special Assessors by State Tax Commissioner
Filed Modified or Agency Approved September 26, 2014  Modified
Bill Numbers HB 2360 SB 189 Bundled SB 187
Title/Series 163-1
Agency Technology, Office of
Rule Name Procedures for Sanitization, Retirement and Disposition of Information Technology Equipment
Filed Modified or Agency Approved October 3, 2014  Modified
Bill Numbers HB 2347 SB 183 Bundled SB 142
Title/Series 86-2
Agency Veterans' Assistance
Rule Name State Home for Veterans-Fiscal
Filed Modified or Agency Approved August 1, 2014  Agency Approved
Bill Numbers HB SB Bundled
Title/Series 86-4
Agency Veterans' Assistance
Rule Name VA Headstones or Markers
Filed Modified or Agency Approved August 1, 2014  Agency Approved
Bill Numbers HB SB Bundled
Title/Series 33-1
Agency Waste Management
Rule Name Solid Waste Management Rule
Filed Modified or Agency Approved Modified  October 22, 2014
Bill Numbers HB 2363 SB 165 Bundled
Title/Series 33-20
Agency Waste Management
Rule Name Hazardous Waste Management System
Filed Modified or Agency Approved July 30, 2014  Agency Approved
As Approved by LRMRC
November 20, 2014
Bill Numbers HB 2288 SB 161 Bundled
Title/Series 47-2
Agency Water Resources
Rule Name Requirements Governing Water Quality Standards
Filed Modified or Agency Approved August 1, 2014  Agency Approved
As Approved by LRMRC
December 17, 2014 
Bill Numbers HB 2289 SB 167 Bundled
Title/Series 47-30
Agency Water Resources
Rule Name WV/NPDES Rule for Coal Mining Facilities
Filed Modified or Agency Approved July 25, 2014  Agency Approved
As Approved by LRMRC
December 17, 2014 
Bill Numbers HB 2290 SB 166 Bundled