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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 1-1
Agency Accountancy
Rule Name Board Rules and Rules of Professional Conduct
Filed Modified or Agency Approved November 5, 2015  Modified
Bill Numbers HB 4081 SB 148 Bundled SB 159
Title/Series 148-1
Agency Administration
Rule Name Purchasing Division
Filed Modified or Agency Approved September 1, 2015  Agency Approved
As Approved by LRMRC
November 15, 2015
Bill Numbers HB 4046 SB 149 Bundled SB 4046
Title/Series 61-23D
Agency Agriculture
Rule Name Inspection of Nontraditional, Domesticated Animals
Filed Modified or Agency Approved November 3, 2015  Modified
Bill Numbers HB 4083 SB 151 Bundled SB 159
Title/Series 61-28
Agency Agriculture
Rule Name Poultry Litter and Manure Movement Into Primary Poultry Breeder Rearing Areas
Filed Modified or Agency Approved November 5, 2015  Modified
Bill Numbers HB 4084 SB 152 Bundled SB 159
Title/Series 61-31
Agency Agriculture
Rule Name Livestock Care Standards
Filed Modified or Agency Approved November 5, 2015  Modified
Bill Numbers HB 4085 SB 153 Bundled SB 159
Title/Series 61-34
Agency Agriculture
Rule Name Captive Cervid Farming
Filed Modified or Agency Approved November 5, 2015  Modified
Bill Numbers HB 4086 SB 154 Bundled SB 159
Title/Series 45-16
Agency Air Quality
Rule Name Standards of Performance for New Stationary Sources
Filed Modified or Agency Approved July 24, 2015  Agency Approved
As Approved by LRMRC
October 22, 2015
Bill Numbers HB 4049 SB 172 Bundled HB 4053
Title/Series 45-18
Agency Air Quality
Rule Name Control of Air Pollution from Combustion of Solid Waste
Filed Modified or Agency Approved July 24, 2015  Agency Approved
As Approved by LRMRC
October 22, 2015
Bill Numbers HB 4050 SB 173 Bundled HB 4053
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 24, 2015  Agency Approved
As Approved by LRMRC
October 22, 2015
Bill Numbers HB 4051 SB 174 Bundled HB 4053
Title/Series 45-34
Agency Air Quality
Rule Name Emission Standards for Hazardous Air Pollutants
Filed Modified or Agency Approved July 24, 2015  Agency Approved
As Approved by LRMRC
October 22, 2015
Bill Numbers HB 4052 SB 175 Bundled HB 4053
Title/Series 45-39
Agency Air Quality
Rule Name Control of Annual Nitrogen Oxides Emissions - Repeal
Filed Modified or Agency Approved July 24, 2015  Agency Approved
As Approved by LRMRC
November 19, 2015
Bill Numbers HB 4053 SB 176 Bundled HB 4053
Title/Series 45-40
Agency Air Quality
Rule Name Control of Ozone Season Nitrogen Oxides Emissions
Filed Modified or Agency Approved July 24, 2015  Agency Approved
As Approved by LRMRC
November 19, 2015
Bill Numbers HB 4054 SB 177 Bundled HB 4053
Title/Series 45-41
Agency Air Quality
Rule Name Control of Annual Sulfur Dioxide Emissions - Repeal
Filed Modified or Agency Approved July 24, 2015  Agency Approved
As Approved by LRMRC
November 19, 2015
Bill Numbers HB 4055 SB 178 Bundled HB 4053
Title/Series 175-2
Agency Alcohol Beverage Control Commission
Rule Name Private Club Licensing
Filed Modified or Agency Approved July 31, 2015  Agency Approved
As Approved by LRMRC
October 22, 2015
Bill Numbers HB 4047 SB 155 Bundled SB 157
Title/Series 175-10
Agency Alcohol Beverage Control Commission
Rule Name Distilleries and Mini-Distilleries
Filed Modified or Agency Approved November 4, 2015  Modified
Bill Numbers HB 4087 SB 156 Bundled SB 157
Title/Series 176-1
Agency Alcohol Beverage Control Commission - Beer
Rule Name Nonintoxicating Beer Licensing and Operations Procedures
Filed Modified or Agency Approved November 4, 2015  Modified
Bill Numbers HB 4088 SB 187 Bundled SB 157
Title/Series 63-2
Agency Conservation Committee
Rule Name West Virginia Conservation Agency Financial Assistance Program
Filed Modified or Agency Approved September 16, 2015  Modified
Bill Numbers HB 4089 SB 158 Bundled SB 159
Title/Series 162-2
Agency Consolidated Public Retirement Board
Rule Name Benefit Determination and Appeal
Filed Modified or Agency Approved November 5, 2015  Modified
Bill Numbers HB 4091 SB 163 Bundled SB 4046
Title/Series 162-3
Agency Consolidated Public Retirement Board
Rule Name Teachers' Defined Contribution Retirement System
Filed Modified or Agency Approved September 22, 2015  Modified
Bill Numbers HB 4092 SB 164 Bundled SB 4046
Title/Series 162-4
Agency Consolidated Public Retirement Board
Rule Name Teachers' Retirement System
Filed Modified or Agency Approved September 22, 2015  Modified
Bill Numbers HB 4093 SB 165 Bundled SB 4046
Title/Series 162-7
Agency Consolidated Public Retirement Board
Rule Name Refund, Reinstatement, Retroactive Service, Loan and Correction of Error Inerest Factors
Filed Modified or Agency Approved September 22, 2015  Modified
Bill Numbers HB 4094 SB 166 Bundled SB 4046
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 28, 2015  Agency Approved
As Approved by LRMRC
September 15, 2015
Bill Numbers HB 4048 SB 167 Bundled SB 4046
Title/Series 162-9
Agency Consolidated Public Retirement Board
Rule Name West Virginia State Police
Filed Modified or Agency Approved November 5, 2015  Modified
Bill Numbers HB 4095 SB 168 Bundled SB 4046
Title/Series 162-10
Agency Consolidated Public Retirement Board
Rule Name Deputy Sheriff Retirement System
Filed Modified or Agency Approved November 5, 2015  Modified
Bill Numbers HB 4090 SB 169 Bundled SB 4046
Title/Series 27-1
Agency Counseling
Rule Name Licensing Rule
Filed Modified or Agency Approved October 10, 2015  Modified
Bill Numbers HB 4096 SB 129 Bundled SB 159
Title/Series 27-3
Agency Counseling
Rule Name Licensed Professional Counselor License Renewal and Continuing Professional Education Requirements
Filed Modified or Agency Approved September 29, 2015  Modified
Bill Numbers HB 4098 SB 160 Bundled SB 159
Title/Series 27-8
Agency Counseling
Rule Name Marriage and Family Therapists Licensing Rule
Filed Modified or Agency Approved October 10, 2015  Modified
Bill Numbers HB 4099 SB 161 Bundled SB 159
Title/Series 27-10
Agency Counseling
Rule Name Marriage and Family License Renewal and Continuing Professional Education
Filed Modified or Agency Approved September 29, 2015  Modified
Bill Numbers HB 4097 SB 162 Bundled SB 159
Title/Series 149-2
Agency Crime, Delinquency and Correction
Rule Name Law Enforcement Training and Certification Standards
Filed Modified or Agency Approved November 5, 2015  Modified
Bill Numbers HB 4019 SB 214 Bundled SB 159
Title/Series 74-1
Agency Dangerous Wild Animal Board
Rule Name Dangerous Wild Animals
Filed Modified or Agency Approved February 11, 2016  Agency Approved
Bill Numbers HB 4100 SB 170 Bundled SB 159
Title/Series 5-11
Agency Dentistry
Rule Name Continuing Eduction Requirements
Filed Modified or Agency Approved September 23, 2015  Modified
Bill Numbers HB 4100 SB 170 Bundled SB 159
Title/Series 5-13
Agency Dentistry
Rule Name Expanded Duties of Dental Hygienists and Dental Assistance
Filed Modified or Agency Approved September 23, 2015  Modified
Bill Numbers HB 4101 SB 171 Bundled SB 159
Title/Series 158-21
Agency Ethics Commission
Rule Name Public Use of Name or Likeness
Filed Modified or Agency Approved Completely amended and rewritten by LRMRC
Bill Numbers HB 4143 SB 210 Bundled SB 4046
Title/Series 146-3
Agency Elections
Rule Name Regulation of Campaign Finance
Filed Modified or Agency Approved December 22, 2015  Modified
November 30, 2015  Modified
With LRMRC Amendments
November 19, 2015
Bill Numbers HB 4140 SB 207 Bundled SB 159
Title/Series 146-5
Agency Elections
Rule Name West Virginia Supreme Court of Appeals Public Campaign Financing Program
Filed Modified or Agency Approved December 22, 2015  Modified
November 30, 2015  Modified
With LRMRC Amendments
November 19, 2015
Bill Numbers HB 4105 SB 208 Bundled SB 159
Title/Series 133-26
Agency Higher Education Policy Commission
Rule Name Underwood-Smith Teacher Scholarship Program
Filed Modified or Agency Approved Novembe  r 2, 2015  Modified
Bill Numbers HB 4617 SB Bundled
Title/Series 133-58
Agency Higher Education Policy Commission
Rule Name Nursing Scholarship Program
Filed Modified or Agency Approved November 2, 2015  Modified
Bill Numbers HB 4617 SB Bundled
Title/Series 73-1
Agency Livestock Care Standards Board
Rule Name Livestock Care Standards
Filed Modified or Agency Approved February 11, 2016  Agency Approved
Bill Numbers HB 4066 SB 202 Bundled
Title/Series 18-1
Agency Medical Imaging and Radiation Therapy Technology Board of Examiners
Rule Name Rules Of The West Virginia Medical Imaging And Radiation Therapy Technology Boards Of Examiners
Filed Modified or Agency Approved June 8, 2015  Agency Approved
As Approved by LRMRC
October 22, 2015
Bill Numbers HB 4067 SB 221 Bundled SB 159
Title/Series 11-11
Agency Medicine
Rule Name Establishment and Regulation of Limited License to Practice Medicine and Surgery at Certain State Veterans Nursing Home Facilities
Filed Modified or Agency Approved October 23, 2015  Modified
Bill Numbers HB 4125 SB 223 Bundled SB 159
Title/Series 38-2
Agency Mining and Reclamation
Rule Name WV Surfacing Mining Reclamation
Filed Modified or Agency Approved July 27 2015  Agency Approved
As Approved by LRMRC
November 19, 2015
Bill Numbers HB 4056 SB 182 Bundled HB 4053
Title/Series 21-1
Agency Nursing Home Administrators Licensing Board
Rule Name Nursing Home Administrators
Filed Modified or Agency Approved November 2, 2015  Modified
Bill Numbers HB 4028 SB 225 Bundled SB 159
Title/Series 35-8
Agency Oil and Gas
Rule Name Horizontal Well Development
Filed Modified or Agency Approved November 23, 2015  Modified
Bill Numbers HB 4102 SB 179 Bundled HB 4053
Title/Series 15-1
Agency Pharmacy
Rule Name Licensure and Practice of Pharmacy
Filed Modified or Agency Approved December 17, 2015  Modifiedved
Bill Numbers HB 4129 SB 227 Bundled SB 159
Title/Series 15-2
Agency Pharmacy
Rule Name Uniform Controlled Substances Act
Filed Modified or Agency Approved December 22, 2015  Modified
Bill Numbers HB 4130 SB 228 Bundled SB 159
Title/Series 15-4
Agency Pharmacy
Rule Name Record Keeping and Automated Data Processing Systems
Filed Modified or Agency Approved December 22, 2015  Modified
Bill Numbers HB 4131 SB 229 Bundled SB 159
Title/Series 15-5
Agency Pharmacy
Rule Name Licensure of Wholesale Drug Distributors, Third-Party Logistices Providers and Manufacturers
Filed Modified or Agency Approved December 22, 2015  Modified
Bill Numbers HB 4132 SB 230 Bundled SB 159
Title/Series 143-1
Agency Personnel
Rule Name Administrative Rule of the West Virginia Division of Personnel
Filed Modified or Agency Approved July 17, 2015  Agency Approved
As Approved by LRMRC
November 19, 2015
Bill Numbers HB 4072 SB 226 Bundled SB 4046
Title/Series 7-1
Agency Professional Engineers
Rule Name Examination, Licensure and Practice of Professional Engineers
Filed Modified or Agency Approved September 22, 2015  Agency Approved
Bill Numbers HB 4106 SB 206 Bundled SB 159
Title/Series 189-5
Agency Property Valuation Training and Procedures Commission
Rule Name Tax Map Sales
Filed Modified or Agency Approved October 27, 2015  Modified
Bill Numbers HB 4133 SB 231 Bundled SB 159
Title/Series 178-1
Agency Racing
Rule Name Thoroughbred Racing
Filed Modified or Agency Approved July 22, 2015  Agency Approved
As Approved by LRMRC
November 19, 2015
Bill Numbers HB 4073 SB 232 Bundled SB 157
Title/Series 178-5
Agency Racing
Rule Name Pari-Mutuel Wagering
Filed Modified or Agency Approved July 22, 2015  Agency Approved
As Approved by LRMRC
November 19, 2015
Bill Numbers HB 4074 SB 233 Bundled SB 157
Title/Series 153-3
Agency Secretary of State
Rule Name Registration Forms and Receipts
Filed Modified or Agency Approved June 30, 2015  Agency Approved
As Approved by LRMRC
November 19, 2015
Bill Numbers HB 4076 SB 235 Bundled SB 159
Title/Series 153-9
Agency Secretary of State
Rule Name Elimination of Precinct Registration Books
Filed Modified or Agency Approved July 1, 2015  Agency Approved
As Approved by LRMRC
November 19, 2015
Bill Numbers HB 4077 SB 236 Bundled SB 159
Title/Series 153-23
Agency Secretary of State
Rule Name Absentee Voting by Military Voters Who Are Members of Reserve Units Called to Active Duty
Filed Modified or Agency Approved June 30, 2015  Agency Approved
​As Approved by LRMRC
November 19, 2015
Bill Numbers HB 4075 SB 237 Bundled SB 159
Title/Series 153-52
Agency Secretary of State
Rule Name Freedom of Information Act Database
Filed Modified or Agency Approved December 22, 2015  Modified
Bill Numbers HB 4134 SB 238 Bundled SB 159
Title/Series 25-1
Agency Social Work Examiners
Rule Name Qualifications for the Profession of Social Work
Filed Modified or Agency Approved December 4, 2015  Modified
Bill Numbers HB 4135 SB 234 Bundled SB 159
Title/Series 29-1
Agency Speech-Language Pathology and Audiology
Rule Name Licensure of Speech-Pathology and Audiology
Filed Modified or Agency Approved June 8, 2015  Agency Approved
Bill Numbers HB 4136 SB 239 Bundled SB 159
Title/Series 29-2
Agency Speech-Language Pathology and Audiology
Rule Name Rule Governing Speech-Language Pathology and Audiology Assistants
Filed Modified or Agency Approved June 8, 2015  Agency Approved
With LRMRC Amendments
November 19, 2015
Bill Numbers HB 4142 SB 240 Bundled SB 159
Title/Series 110-10F
Agency Tax
Rule Name Payment of Taxes by Electronic Funds Transfer
Filed Modified or Agency Approved September 18, 2015  Modified
Bill Numbers HB 4137 SB 241 Bundled SB 157
Title/Series 110-50H
Agency Tax
Rule Name Exchange of Information Agreement Between the Comm of the Tax Div of the Dept of Revenue and the Sec of the Dept of Commerce The Sec of the Dept of Environmental Protection, the Dir of the Div of Forestry of the Dept of Commerce and the Comm of the PSC
Filed Modified or Agency Approved July 29, 2015  Agency Approved
As Approved by LRMRC
September 16, 2015
Bill Numbers HB 4078 SB 242 Bundled SB 157
Title/Series 144-1
 Agency Tourism
Rule Name Direct Advertising Grants Program
Filed Modified or Agency Approved (Called up by the 2016 Legislature)
Bill Numbers HB 4079 SB 244 Bundled SB 202
Title/Series 86-2
 Agency Veterans' Assistance
Rule Name State Home for Veterans-Fiscal
Filed Modified or Agency Approved August 1, 2014  Agency Approved
As Approved by LRMRC
September 16, 2015
Bill Numbers HB 4079 SB 244 Bundled HB 4080
Title/Series 86-4
Agency Veterans' Assistance
Rule Name VA Headstones or Markers
Filed Modified or Agency Approved August 1, 2014  Agency Approved
As Approved by LRMRC
September 16, 2015
Bill Numbers HB 4080 SB 245 Bundled HB 4080
Title/Series 47-2
Agency Water Resources
Rule Name Requirements Governing Water Quality Standards
Filed Modified or Agency Approved November 24, 2015  Modified
Bill Numbers HB 4103 SB 180 Bundled HB 4053
Title/Series 47-30B
Agency Water Resources
Rule Name Administrative Proceedings and Civil Penalty Assessment
Filed Modified or Agency Approved July 27, 2015  Agency Approved
As Approved by LRMRC
November 19, 2015
Bill Numbers HB 4057 SB 183 Bundled HB 4053
Title/Series 47-63
Agency Water Resources
Rule Name Aboveground Storage Tanks
Filed Modified or Agency Approved July 31, 2015  Agency Approved
Bill Numbers HB 4104 SB 181 Bundled HB 4053
Title/Series 47-64
Agency Water Resources
Rule Name Aboveground Storage Tank Fee Assessments
Filed Modified or Agency Approved July 31, 2015  Agency Approved
As Approved by LRMRC
November 19, 2015
Bill Numbers HB 4058 SB 184 Bundled HB 4053
Title/Series 47-65
Agency Water Resources
Rule Name Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment
Filed Modified or Agency Approved July 31, 2015  Agency Approved
Bill Numbers HB 4059 SB 185 Bundled HB 4053
Title/Series 96-04
Agency WorkForce West Virginia
Rule Name West Virginia Prevailing Wage Act
Filed Modified or Agency Approved December 4, 2015  Modified
Bill Numbers HB 4140 SB 222 Bundled SB 202