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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 61-1
Agency Agriculture
Rule Name Animal Disease Control
Filed Modified or Agency Approved September 23, 2016  Modified
August 23, 2016  Agency Approved
Bill Numbers HB 2223 SB 82 Bundled
Title/Series 61-30
Agency Agriculture
Rule Name Dangerous Wild Animals
Filed Modified or Agency Approved August 23, 2016  Agency Approved
Bill Numbers HB 2218 SB 83 Bundled
Title/Series 61-31 
Agency Agriculture
Rule Name Livestock Care Standards
Filed Modified or Agency Approved August 23, 2016  Agency Approved
Bill Numbers HB 2219 SB 84 Bundled
Title/Series 61-34
Agency Agriculture
Rule Name Captive Cervid
Filed Modified or Agency Approved September 23, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2234 SB 85 Bundled
Title/Series 45-1
Agency Air Quality
Rule Name Alternative Emission Limitations During Startup, Shutdown and Maintenance Operations
Filed Modified or Agency Approved December 6, 2016  Approved as Filed
August 26, 2016  Agency Approved
Bill Numbers HB 2221 SB 106 Bundled
Title/Series 45-8
Agency Air Quality
Rule Name Ambient Air Quality Standards
Filed Modified or Agency Approved December 6, 2016  Approved as Filed
August 26, 2016  Agency Approved
Bill Numbers HB 2222 SB 111 Bundled SB 113
Title/Series 45-13
Agency Air Quality
Rule Name Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation
Filed Modified or Agency Approved December 6, 2016  Approved as Filed
August 26, 2016  Agency Approved
Bill Numbers HB 2223 SB 106 Bundled SB 113
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 December 6, 2016  Approved as Filed
August 26, 2016  Agency Approved
Bill Numbers HB 2224 SB 107 Bundled SB 113
Title/Series 45-16
Agency Air Quality
Rule Name Standards of Performance for New Stationary Sources
Filed Modified or Agency Approved December 6, 2016  Approved as Filed
August 26, 2016  Agency Approved
Bill Numbers HB 2225 SB 108 Bundled SB 113
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 December 6, 2016  Approved as Filed
August 26, 2016  Agency Approved
Bill Numbers HB 2226 SB 109 Bundled SB 113
Title/Series 45-34
Agency Air Quality
Rule Name Emission Standards for Hazardous Air Pollutants
Filed Modified or Agency Approved December 6, 2016  Approved as Filed
August 26, 2016  Agency Approved
Bill Numbers HB 2227 SB 110 Bundled SB 113
Title/Series 2-1
Agency Architects
Rule Name Registration of Architect
Filed Modified or Agency Approved October 5, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2235 SB 86 Bundled
Title/Series 177-1
Agency Athletic Commission
Rule Name Administrative Rules of the West Virginia State Athletic Commission
Filed Modified or Agency Approved December 20, 2016  Modified
August 24, 2016  Agency Approved
Bill Numbers HB 2236 SB 87 Bundled
Title/Series 177-2
Agency Athletic Commission
Rule Name Mixed Martial Arts
Filed Modified or Agency Approved December 20, 2016  Modified
August 24, 2016  Agency Approved
Bill Numbers HB 2237 SB 88 Bundled
Title/Series 155-1
Agency Auditor
Rule Name Standards for Requisitions for Payment Issued by State Officers on the Auditor
Filed Modified or Agency Approved September 21, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2297 SB 89 Bundled
Title/Series 155-8
Agency Auditor
Rule Name Procedure For Local Levying Bodies To Apply for Permission To Extend Time To Meet As Levying Body
Filed Modified or Agency Approved September 21, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2238 SB 90 Bundled
Title/Series 3-2
Agency Barbers and Cosmetologists
Rule Name Qualifications, Training, Examination and Certification of Instructors in Barbering and Cosmetology
Filed Modified or Agency Approved January 25, 2017  Modified
August 24, 2016  Agency Approved
Bill Numbers HB 2239 SB 95 Bundled
Title/Series 3-3
Agency Barbers and Cosmetologists
Rule Name Licensing Schools of Barbering, Cosmetology, Nail Technology and Aesthetics
Filed Modified or Agency Approved January 10, 2017
As Approved by LRMRC
August 19, 2016  Agency Approved
Bill Numbers HB 2220 SB 96 Bundled
Title/Series 3-4
Agency Barbers and Cosmetologists
Rule Name Operational Standards for Schools of Barbering, Cosmetology, Hair Styling, Nail Technology and Aesthetics
Filed Modified or Agency Approved January 25, 2017  Modified
August 24, 2016  Agency Approved
Bill Numbers HB 2240 SB 91 Bundled
Title/Series 3-5
Agency Barbers and Cosmetologists
Rule Name Operation of Barber, Beauty, Nail and Aesthetic Shops/Salons, and Schools of Barbering and Beauty Culture
Filed Modified or Agency Approved January 19, 2017  Modified
August 24, 2016  Agency Approved
Bill Numbers HB 2241 SB 92 Bundled
Title/Series 3-6
Agency Barbers and Cosmetologists
Rule Name Schedule of Fees
Filed Modified or Agency Approved January 19, 2017  Modified
August 24, 2016  Agency Approved
Bill Numbers HB 2242 SB 98 Bundled
Title/Series 3-11
Agency Barbers and Cosmetologists
Rule Name Continuing Education
Filed Modified or Agency Approved January 19, 2017  Modified
August 24, 2016  Agency Approved
Bill Numbers HB 2298 SB 93 Bundled
Title/Series 3-13
Agency Barbers and Cosmetologists
Rule Name Barber Apprenticeship
Filed Modified or Agency Approved January 19, 2017  Modified
August 24, 2016  Agency Approved
Bill Numbers HB 2243 SB 94 Bundled
Title/Series 3-14
Agency Barbers and Cosmetologists
Rule Name Waxing Specialist
Filed Modified or Agency Approved August 24, 2016  Agency Approved
Bill Numbers HB 2229 SB 91 Bundled
Title/Series 27-2
Agency Counseling
Rule Name Licensed Professional Counselor Fees
Filed Modified or Agency Approved January 25, 2017  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2244 SB 100 Bundled
Title/Series 27-3
Agency Counseling
Rule Name Licensed Professional Counselor License Renewal and Continuing Professional Education Requirements
Filed Modified or Agency Approved January 25, 2017  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2245 SB 101 Bundled
Title/Series 27-9
Agency Counseling
Rule Name Marriage and Family Therapist Fees
Filed Modified or Agency Approved January 25, 2017  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2246 SB 102 Bundled
Title/Series 27-10
Agency Counseling
Rule Name Marriage and Family Therapist License Renewal and Continuing Professional Education Requirements
Filed Modified or Agency Approved January 25, 2017  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2247 SB 99 Bundled
Title/Series 149-2
Agency Crime, Delinquency And Correction
Rule Name Law Enforcement Training and Certification Standards
Filed Modified or Agency Approved December 20, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2252 SB 118 Bundled
Title/Series 149-9 (E)
Agency Crime, Delinquency And Correction
Rule Name William R. Laird IV - Second Chance Driver's License Program
Filed Modified or Agency Approved December 20, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2253 SB 117 Bundled
Title/Series 74-1
Agency Dangerous Wild Animal Board
Rule Name Dangerous Wild Animals
Filed Modified or Agency Approved August 25, 2016  Modified 
February 11, 2016  Agency Approved
Bill Numbers HB 2248 SB 103 Bundled
Title/Series 5-1
Agency Dentistry
Rule Name Rule for the West Virginia Board of Dentistry
Filed Modified or Agency Approved September 2, 2016  Modified
July 26, 2016  Agency Approved
Bill Numbers HB 2249 SB 104 Bundled SB
Title/Series 158-6
Agency Ethics
Rule Name Private Gain
Filed Modified or Agency Approved December 19, 2016  Modified
August 23, 2016  Agency Approved
Bill Numbers HB 2250 SB 114 Bundled SB 151
Title/Series 60-3
Agency Environmental Protection - Secretary's Office
Rule Name Voluntary Remediation and Redevelopment Rule
Filed Modified or Agency Approved December 6, 2016  Approved as Filed
August 25, 2016  Agency Approved
Bill Numbers HB 2228 SB 112 Bundled SB 113
Title/Series 103-4
Agency Fire Marshal
Rule Name Regulation of Fireworks and Related Explosive Materials
Filed Modified or Agency Approved December 21, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2251 SB 115 Bundled SB 116
Title/Series 64-57
Agency Health
Rule Name Clinical Laboratory Technican and Technologist Licensure and Technologist Licensure and Certification
Filed Modified or Agency Approved October 6, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2254 SB 119 Bundled SB 125
Title/Series 64-92
Agency Health
Rule Name Clandestine Drug Laboratory Remediation
Filed Modified or Agency Approved October 11, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2255 SB 120 Bundled SB 125
Title/Series 64-103
Agency Health
Rule Name Expedited Partner Therapy
Filed Modified or Agency Approved October 6, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2256 SB 118 Bundled SB 125
Title/Series 69-11 (E)
Agency Health and Human Resources
Rule Name Medication- Assisted Treatment - Opioid Treatment Programs
Filed Modified or Agency Approved January 25, 2017  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2257 SB 121 Bundled SB 125
Title/Series 69-12 (E)
Agency Health and Human Resources
Rule Name Medication - Assisted Treatment - Office - Based Medication Assisted Treatment
Filed Modified or Agency Approved January 25, 2017  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2258 SB 122 Bundled SB 125
Title/Series 65-29 (E)
Agency Health Care Authority
Rule Name Exemption From Certificate of Need
Filed Modified or Agency Approved December 6, 2016  Modified
August 22, 2016  Agency Approved
Bill Numbers HB 2259 SB 123 Bundled SB
Title/Series 65-30 (E)
Agency Health Care Authority
Rule Name Rural Health Systems Grant Program
Filed Modified or Agency Approved August 24, 2016  Agency Approved
Bill Numbers HB 2260 SB 124 Bundled SB
Title/Series 65-31 (E)
Agency Health Care Authority
Rule Name Hospital Assistance Grant Program
Filed Modified or Agency Approved August 24, 2016  Agency Approved
Bill Numbers HB 2261 SB 125 Bundled SB
Title/Series 65-32 (E)
Agency Health Care Authority
Rule Name Certificate of Need Rule
Filed Modified or Agency Approved December 19, 2016  Modified
August 23, 2016  Agency Approved
Bill Numbers HB 2262 SB 126 Bundled SB
Title/Series 133-7
Agency Higher Education Policy Commission
Rule Name West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program
Filed Modified or Agency Approved December 20, 2016  Modified
August 16, 2016  Agency Approved
Bill Numbers HB SB Bundled SB
Title/Series 133-42
Agency Higher Education Policy Commission
Rule Name West Virginia Higher Education Grant Program
Filed Modified or Agency Approved December 20, 2016  Modified
August 16, 2016  Agency Approved
Bill Numbers HB SB Bundled SB
Title/Series 133-52
Agency Higher Education Policy Commission
Rule Name Annual Reauthorization of Degree-Granting Institutions
Filed Modified or Agency Approved December 20, 2016  Modified
August 16, 2016  Agency Approved
Bill Numbers HB SB Bundled SB
Title/Series 114-98 (E)
Agency Insurance
Rule Name Adoption of Valuation Manual
Filed Modified or Agency Approved August 22, 2016  Agency Approved
Bill Numbers HB 2230 SB 127 Bundled SB
Title/Series 179-5  
Agency Lottery
Rule Name Limited Video Lottery
Filed Modified or Agency Approved December 7, 2016  Modified
August 22, 2016  Agency Approved
Bill Numbers HB 2263 SB 128 Bundled SB 127
Title/Series 11-1A  
Agency Medicine
Rule Name Licensing and Disciplinary Procedures: Physicians; Podiatrists
Filed Modified or Agency Approved September 1, 2016  Modified
July 12, 2016  Agency Approved
Bill Numbers HB 2264 SB 129 Bundled
Title/Series 11-1B  
Agency Medicine
Rule Name Licensure, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants
Filed Modified or Agency Approved September 1, 2016  Modified
July 12, 2016  Agency Approved
Bill Numbers HB 2265 SB 130 Bundled
Title/Series 11-5  
Agency Medicine
Rule Name Dispensing of Legend Drugs by Practitioners
Filed Modified or Agency Approved September 26, 2016  Modified
August 24, 2016  Agency Approved
Bill Numbers HB 2266 SB 131 Bundled
Title/Series 56-22 (E)  
Agency Miners' Health, Safety And Training
Rule Name Certification, Recertification and Training of EMT-Miners and the Certification of EMT-M Instructors
Filed Modified or Agency Approved September 2, 2016  Modified
July 6, 2016  Agency Approved
Bill Numbers HB 2267 SB 132 Bundled SB 134
Title/Series 58-23  
Agency Natural Resources
Rule Name Revocation of Hunting and Fishing Licenses
Filed Modified or Agency Approved January 3, 2017  Modified
August 29, 2016  Agency Approved
Bill Numbers HB 2268 SB 133 Bundled SB 134
Title/Series 58-24  
Agency Natural Resources
Rule Name Point System For the Revocation of Hunting - Repeal
Filed Modified or Agency Approved December 6, 2016  Approved as Filed
August 29, 2016  Agency Approved
Bill Numbers HB 2231 SB 134 Bundled SB 134
Title/Series 58-58  
Agency Natural Resources
Rule Name Special Waterfowl Hunting
Filed Modified or Agency Approved January 3, 2017  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2269 SB 135 Bundled SB 134
Title/Series 58-63  
Agency Natural Resources
Rule Name Commercial Sale of Wildlife
Filed Modified or Agency Approved January 3, 2017  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2270 SB 136 Bundled SB 134
Title/Series 58-64  
Agency Natural Resources
Rule Name Miscellaneous Permits and Licenses
Filed Modified or Agency Approved January 3, 2017  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2271 SB 137 Bundled SB 134
Title/Series 14-10  
Agency Optometry
Rule Name Continuing Education
Filed Modified or Agency Approved October 3, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2272 SB 138 Bundled
Title/Series 24-1  
Agency Osteopathic Medicine
Rule Name Licensing Procedures for Osteopathic Physicians24-2
Filed Modified or Agency Approved August 26, 2016  Agency Approved
Bill Numbers HB 2273 SB 139 Bundled
Title/Series 24-2  
Agency Osteopathic Medicine
Rule Name Osteopathic Physician Assistants
Filed Modified or Agency Approved August 29, 2016  Agency Approved
Bill Numbers HB 2274 SB 140 Bundled
Title/Series 15-1  
Agency Pharmacy
Rule Name Licensure and Practice of Pharmacy
Filed Modified or Agency Approved December 19, 2016  Modified
August 18, 2016  Agency Approved
Bill Numbers HB 2275 SB 141 Bundled
Title/Series 15-6  
Agency Pharmacy
Rule Name Mail-Order and Non-Resident Pharmacies
Filed Modified or Agency Approved December 19, 2016  Modified
August 18, 2016  Agency Approved
Bill Numbers HB 2276 SB 142 Bundled
Title/Series 15-7  
Agency Pharmacy
Rule Name Registration of Pharmacy Technicians
Filed Modified or Agency Approved January 18, 2017
December 19, 2016  Modified
August 18, 2016  Agency Approved
Bill Numbers HB SB Bundled
Title/Series 15-8  
Agency Pharmacy
Rule Name Controlled Substances Monitoring Program
Filed Modified or Agency Approved December 19, 2016  Modified
August 18, 2016  Agency Approved
Bill Numbers HB 2277 SB 143 Bundled
Title/Series 16-4  
Agency Physical Therapy
Rule Name Fees for Physical Therapist and Physical Therapist Assistant
Filed Modified or Agency Approved April 22, 2016  Agency Approved
Bill Numbers HB 2232 SB 144 Bundled
Title/Series 150-37  
Agency Public Service Commission
Rule Name Telephone Conduit Occupancy
Filed Modified or Agency Approved December 13, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2278 SB 145 Bundled
Title/Series 178-1  
Agency Racing
Rule Name Thoroughbred Racing
Filed Modified or Agency Approved September 19, 2016  Modified
August 18, 2016  Agency Approved
Bill Numbers HB 2279 SB 146 Bundled SB 127
Title/Series 178-5  
Agency Racing
Rule Name Pari-Mutuel Wagering
Filed Modified or Agency Approved September 19, 2016  Modified
August 18, 2016  Agency Approved
Bill Numbers HB 2280 SB 147 Bundled SB 127
Title/Series 19-3  
Agency Registered Professional Nurses
Rule Name Requirements for Registration and Licensure and Conduct Constituting Professional Misconduct
Filed Modified or Agency Approved August 22, 2016  Modified
July 29, 2016  Agency Approved
Bill Numbers HB 2281 SB 148 Bundled
Title/Series 19-8 (E)  
Agency Registered Professional Nurses
Rule Name Limited Prescriptive Authority for Nurses in Advance`d Practice
Filed Modified or Agency Approved August 22, 2016  Modified
August 2, 2016  Agency Approved
Bill Numbers HB 2282 SB 149 Bundled
Title/Series 115-1       
Agency Risk and Insurance Management
Rule Name Mine Subsidence Insurance
Filed Modified or Agency Approved Modified December 12, 2016
August 22, 2016  Agency Approved
Bill Numbers HB 2283 SB 150 Bundled SB 151
Title/Series 115-7 (E)  
Agency Risk and Insurance Management
Rule Name Patient Injury Compensation Fund
Filed Modified or Agency Approved August 22, 2016  Agency Approved
Bill Numbers HB 2284 SB 151 Bundled SB 151
Title/Series 20-4  
Agency Sanitarians
Rule Name Practice of Public Health Sanitation
Filed Modified or Agency Approved October 3, 2016  Modified
August 11, 2016  Agency Approved
Bill Numbers HB 2285 SB 152 Bundled
Title/Series 153-3  
Agency Secretary of State
Rule Name Voter Registration at the Division of Motor Vehicles
Filed Modified or Agency Approved January 17, 2017  Modified
August 24, 2016  Agency Approved
Bill Numbers HB 2286 SB 153 Bundled
Title/Series 153-5  
Agency Secretary of State
Rule Name Voter Registration List Maintenance by the Secretary of State
Filed Modified or Agency Approved January 17, 2017  Modified
August 24, 2016  Agency Approved
Bill Numbers HB 2287 SB 154 Bundled
Title/Series 25-5  
Agency Social Work Examiners
Rule Name Continuing Education for Social Workers and Providers
Filed Modified or Agency Approved August 26, 2016  Agency Approved
Bill Numbers HB 2288 SB 155 Bundled
Title/Series 29-1  
Agency Speech-Language Pathology And Audiology
Rule Name Licensure of Speech-Pathology and Audiology
Filed Modified or Agency Approved January 23, 2017  Modified
August 22, 2016  Agency Approved
Bill Numbers HB 2289 SB 156 Bundled
Title/Series 112-4  
Agency Treasurer
Rule Name Procedures for Deposit of Monies with the State Treasurer's Office by State Agencies
Filed Modified or Agency Approved October 21, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2290 SB 159 Bundled
Title/Series 112-6  
Agency Treasurer
Rule Name Selection of State Depositories for Disbursement Accounts through Competitive Bidding
Filed Modified or Agency Approved October 21, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2291 SB 160 Bundled
Title/Series 112-7  
Agency Treasurer
Rule Name Selection of State Depositories for Receipt Accounts
Filed Modified or Agency Approved October 21, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2292 SB 161 Bundled
Title/Series 112-8  
Agency Treasurer
Rule Name Procedures for Processing Payments from the State Treasury
Filed Modified or Agency Approved October 21, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2293 SB 162 Bundled
Title/Series 112-12  
Agency Treasurer
Rule Name Procedure for Fees in Collections by Charge, Credit or Debit Card or by Electronic Payment
Filed Modified or Agency Approved October 21, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2294 SB Bundled
Title/Series 112-13  
Agency Treasurer
Rule Name Procedures for Providing Services to Political Subdivisions
Filed Modified or Agency Approved October 21, 2016  Modified
August 26, 2016  Agency Approved
Bill Numbers HB 2295 SB Bundled
Title/Series 26-4  
Agency Veterinary Medicine
Rule Name Standards of Practice
Filed Modified or Agency Approved September 28, 2016  Modified
July 15, 2016  Agency Approved
Bill Numbers HB 2296 SB 163 Bundled
Title/Series 33-41  
Agency Waste Management
Rule Name Awarding of Matching Grants for Local Litter Control Programs
Filed Modified or Agency Approved December 6, 2016  Approved as Filed
August 25, 2016  Agency Approved
Bill Numbers HB 2229 SB 113 Bundled SB 113