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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 16-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 148-3
Agency Administration
Rule Name

State Owned Vehicles
Filed Modified or Agency Approved July 26, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 61-2
Agency Agriculture
Rule Name WV Apiary Law of 1991
Filed Modified or Agency Approved July 26, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 61-6C
Agency Agriculture
Rule Name General Groundwater Protection Rules for Fertilizer and Manures
Filed Modified or Agency Approved July 12, 2010 As Approved by
LRMRC July 21, 2010
Bill Numbers HB  SB Bundled
Title/Series 61-16
Agency Agriculture
Rule Name Inspection of Meat and Poultry
Filed Modified or Agency Approved July 20, 2010 As Approved by
LRMRC August 10, 2010
Bill Numbers HB  SB Bundled
Title/Series 45-8
Agency Air Quality
Rule Name Ambient Air Quality Standards
Filed Modified or Agency Approved July 28, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 45-14
Agency Air Quality
Rule Name Permits for Construction & Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration
Filed Modified or Agency Approved July 28, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 45-16
Agency Air Quality
Rule Name Standards of Performance for New Stationary Sources
Filed Modified or Agency Approved July 28, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 45-18
Agency Air Quality
Rule Name Control of Air Pollution for Combustion of Solid Waste
Filed Modified or Agency Approved July 28, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 45-19
Agency Air Quality
Rule Name Permits for Construction & Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment
Filed Modified or Agency Approved July 28, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 45-25
Agency Air Quality
Rule Name Control of Air Pollution from Hazardous Waste Treatment, Storage & Disposal Facilities
Filed Modified or Agency Approved July 28, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 45-34
Agency Air Quality
Rule Name Emission Standards for Hazardous Air Pollutants
Filed Modified or Agency Approved July 28, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 175-1
Agency Alcohol Beverage Control Commission
Rule Name Licensed Retailer Operations
Filed Modified or Agency Approved November 20, 2009 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 175-5
Agency Alcohol Beverage Control Commission
Rule Name Licensing of Retail Outlets
Filed Modified or Agency Approved February 22, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 3-1
Agency Barbers and Cosmetologists
Rule Name Procedures, Criteria and Curricula for Examination & Licensure of Barbers, Cosmetologists, Manicurists and Aestheticians
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 3-2
Agency Barbers and Cosmetologists
Rule Name Qualification, Training, Examination of Licensure of Instructors
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 3-4
Agency Barbers and Cosmetologists
Rule Name Operational Standards for Schools of Barbering & Beauty Culture
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 3-6
Agency Barbers and Cosmetologists
Rule Name Schedule of Fees
Filed Modified or Agency Approved June 18, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 162-1
Agency Consolidated Public Retirement Board
Rule Name General Provisions
Filed Modified or Agency Approved July 22, 2010  As Approved by
LRMRC August 10, 2010
Bill Numbers HB  SB Bundled
Title/Series 162-3
Agency Consolidated Public Retirement Board
Rule Name Teachers' Defined Contribution System
Filed Modified or Agency Approved July 22, 2010  As Approved by
LRMRC August 10, 2010
Bill Numbers HB  SB Bundled
Title/Series 162-5
Agency Consolidated Public Retirement Board
Rule Name Public Employees Retirement System
Filed Modified or Agency Approved July 22, 2010  As Approved by
LRMRC August 10, 2010
Bill Numbers HB  SB Bundled
Title/Series 162-7
Agency Consolidated Public Retirement Board
Rule Name Refund, Reinstatement, Retroactive Service, Loan & Employer Error Interest Factors
Filed Modified or Agency Approved July 22, 2010  As Approved by
LRMRC August 10, 2010
Bill Numbers HB  SB Bundled
Title/Series 162-9
Agency Consolidated Public Retirement Board
Rule Name WV State Police
Filed Modified or Agency Approved July 22, 2010  As Approved by
LRMRC August 10, 2010
Bill Numbers HB  SB Bundled
Title/Series 149-2
Agency Crime, Delinquency & Correction
Rule Name Law Enforcement Training Standard
Filed Modified or Agency Approved July 23, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 149-3
Agency Crime, Delinquency & Correction
Rule Name Protocol for Law Enforcement Response to Domestic Violence
Filed Modified or Agency Approved July 27, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 158-20
Agency Ethics Commission
Rule Name Forms
Filed Modified or Agency Approved August 20, 2010  Modified
Bill Numbers HB  SB Bundled
Title/Series 199-1
Agency Explosives and Blasting
Rule Name Surface Mining Blasting Rule
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 64-3
Agency Health
Rule Name Public Water Systems
Filed Modified or Agency Approved July 29, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 64-29
Agency Health
Rule Name Specialized Multipatient Medical Transport
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 64-43
Agency Health
Rule Name Bakery Regulations Food Manufacturing Facilities
Filed Modified or Agency Approved July 29, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 64-44
Agency Health
Rule Name Fire Department Rapid Response Services Licensure
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 64-48
Agency Health
Rule Name Emergency Medical Services
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 64-68
Agency Health
Rule Name Cancer Registry
Filed Modified or Agency Approved July 29, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 64-87
Agency Health
Rule Name Sex Offender Treatment Program Certification
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 64-97
Agency Health
Rule Name Maternal Risk Screening
Filed Modified or Agency Approved July 29, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 64-98
Agency Health
Rule Name DHHR Safety & Treatment Program
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 64-99
Agency Health
Rule Name Requirements for Licensure of Nonprofit Corporations for Conservators Service
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 65-7
Agency Health Care Authority
Rule Name Certificate of Need
Filed Modified or Agency Approved July 28, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 157-4
Agency Highways
Rule Name Purchase & Disposal of Materials, Equipment & Supplies
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 157-6
Agency Highways
Rule Name Use of State Road Rights of Way and Adjacent Areas
Filed Modified or Agency Approved July 16, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 157-7
Agency Highways
Rule Name Transportation of Hazardous Wastes Upon the roads and Highways
Filed Modified or Agency Approved July 16, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 157-10
Agency Highways
Rule Name Community Empowerment Transportation Act Program
Filed Modified or Agency Approved July 27, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 114-6
Agency Insurance
Rule Name Regulation of Credit Life Insurance, and Credit Accident and Sickness Insurance and Credit Unemployment Insurance
Filed Modified or Agency Approved July 27, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 114-11B
Agency Insurance
Rule Name Suitability in Annuity Transactions
Filed Modified or Agency Approved July 29, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 114-25
Agency Insurance
Rule Name Insurance Adjusters
Filed Modified or Agency Approved July 27, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 114-32
Agency Insurance
Rule Name Long-Term Care Insurance
Filed Modified or Agency Approved July 29, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 114-41
Agency Insurance
Rule Name Actuarial Opinion and Memorandum Rule
Filed Modified or Agency Approved July 27, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 114-41A
Agency Insurance
Rule Name Property & Casualtuy Actuarial Opinion
Filed Modified or Agency Approved July 27, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 114-61
Agency Insurance
Rule Name Credit Personal Property
Filed Modified or Agency Approved July 27, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 114-65
Agency Insurance
Rule Name Self-Insurance Pools for Political Subdivisions
Filed Modified or Agency Approved July 27, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 114-68
Agency Insurance
Rule Name Valuation of Life Insurance Companies
Filed Modified or Agency Approved July 27, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 114-69A
Agency Insurance
Rule Name Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities
Filed Modified or Agency Approved July 27, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 114-85
Agency Insurance
Rule Name Professional Employer Organizations
Filed Modified or Agency Approved July 27, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 114-91
Agency Insurance
Rule Name Health Maintenance Organization Point of Service Option
Filed Modified or Agency Approved July 27, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 42-21
Agency Labor
Rule Name Elevator Safety Act
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 42-21A
Agency Labor
Rule Name Supervision of Elevator Mechanics & Apprentices
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 42-24
Agency Labor
Rule Name Crane Operator Certification Act
Filed Modified or Agency Approved July 23, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 42-25
Agency Labor
Rule Name Crane Operator Certifications Act - Practical Examination
Filed Modified or Agency Approved July 23, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 56-3
Agency Miners' Health, Safety & Training
Rule Name Safety of Those Employed in & Around Surface Mines in WV
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 38-2
Agency Mining & Reclamation
Rule Name WV Surface Mining Reclamation Rule
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 91-12
Agency Motor Vehicles
Rule Name Motor Vehicles Inspection Manual
Filed Modified or Agency Approved July 26, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 58-27
Agency Natural Resources
Rule Name Special Motorboat Regulations
Filed Modified or Agency Approved June 29, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 58-47
Agency Natural Resources
Rule Name Prohibitions when Hunting & Trapping
Filed Modified or Agency Approved July 22, 2010  As Approved by
LRMRC August 10, 2010
Bill Numbers HB  SB Bundled
Title/Series 58-49
Agency Natural Resources
Rule Name General Hunting
Filed Modified or Agency Approved July 22, 2010  As Approved by
LRMRC August 10, 2010
Bill Numbers HB  SB Bundled
Title/Series 14-1
Agency Optometry
Rule Name Rules of the WV Board of Optometry
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 14-2
Agency Optometry
Rule Name Expanded Prescriptive Authority
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 14-3
Agency Optometry
Rule Name Contested Case Hearing Procedure
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 14-4
Agency Optometry
Rule Name Disciplinary & Complaint Procedures for Optometrists
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 14-5
Agency Optometry
Rule Name Schedule of Fees
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 14-6
Agency Optometry
Rule Name Examinations & Scoring Policy
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 14-9
Agency Optometry
Rule Name Contact Lenses that Contain & Deliver Pharmaceutical Agents Certificate
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 14-10
Agency Optometry
Rule Name Continuing Education
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 14-11
Agency Optometry
Rule Name Injectable Pharmaceutical Agents Certificate
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 24-2
Agency Osteopathy
Rule Name Osteopathic Physician Assistants
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 24-5
Agency Osteopathy
Rule Name Fees for Services Rendered by the Board of Osteopathy
Filed Modified or Agency Approved July 28, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 15-1
Agency Pharmacy
Rule Name Board of Pharmacy Rules Regarding Licensure & the Practice of Pharmacy
Filed Modified or Agency Approved July 29, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 15-8
Agency Pharmacy
Rule Name Controlled Substances Monitoring
Filed Modified or Agency Approved July 29, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 16-1
Agency Physical Therapy
Rule Name General Provisions for Physical Therapist & Physical Therapist Assistant
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 16-4
Agency Physical Therapy
Rule Name Fees for Physical Therapist and Physical Therapist Assistant
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 16-5
Agency Physical Therapy
Rule Name General Provisions for Athletic Trainers
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 16-6
Agency Physical Therapy
Rule Name Fees for Athletic Trainers
Filed Modified or Agency Approved July 30, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 178-1
Agency Racing
Rule Name Thoroughbred Racing
Filed Modified or Agency Approved July 27, 2010 Agency Approved
Bill Numbers HB  SB Bundled 
Title/Series 178-2
Agency Racing
Rule Name Greyhound Racing
Filed Modified or Agency Approved July 30, 2010 Agency Approved
Bill Numbers HB  SB Bundled 
Title/Series 178-5
Agency Racing
Rule Name Rari-Mutuel Wagering
Filed Modified or Agency Approved July 16, 2010 Agency Approved
Bill Numbers HB  SB Bundled 
Title/Series 20-1
Agency Sanitarians
Rule Name Rules of Procedure for Contested Case Hearings and Declaratory Rulings
Filed Modified or Agency Approved July 29, 2010 Agency Approved
Bill Numbers HB  SB Bundled 
Title/Series 20-2
Agency Sanitarians
Rule Name Rules of Procedure for the Investigation and Resolution of Complaints
Filed Modified or Agency Approved July 29, 2010 Agency Approved
Bill Numbers HB  SB Bundled 
Title/Series 20-3
Agency Sanitarians
Rule Name Interim Fee Schedule
Filed Modified or Agency Approved July 29, 2010 Agency Approved
Bill Numbers HB  SB Bundled 
Title/Series 20-4
Agency Sanitarians
Rule Name Rules Governing the Practice of Public Health Sanitation
Filed Modified or Agency Approved July 29, 2010 Agency Approved
Bill Numbers HB  SB Bundled 
Title/Series 153-41
Agency Secretary of State
Rule Name Administrative Law Division Publication Fees
Filed Modified or Agency Approved July 29, 2010 Agency Approved
Bill Numbers HB  SB Bundled 
Title/Series 25-1
Agency Social Work Examiners
Rule Name Qualifications for Licensure as a Social Worker
Filed Modified or Agency Approved July 30, 2010 Agency Approved
Bill Numbers HB  SB Bundled 
Title/Series 146-5
Agency State Election Commission
Rule Name WV Supreme Court of Appeals Public Campaign Financing Pilot Program
Filed Modified or Agency Approved July 29, 2010 Agency Approved
Bill Numbers HB  SB Bundled 
Title/Series 172-2
Agency State Rail Authority
Rule Name Valuation of Used Rolling Stock Equipment
Filed Modified or Agency Approved May 13, 2010  As Approved by
LRMRC August 10, 2010
Bill Numbers HB  SB Bundled
Title/Series 110-13Q
Agency Tax
Rule Name Commercial Patent Incentives Tax Credit
Filed Modified or Agency Approved July 28, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 110-50E
Agency Tax
Rule Name Exchange of Information Between the State Tax Department & the WV Lottery
Filed Modified or Agency Approved July 26, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 110-50F
Agency Tax
Rule Name Exchange of Information Between the State Tax Department & the Office of the State Fire Marshal
Filed Modified or Agency Approved July 26, 2010  Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 112-3
Agency Treasurer
Rule Name Establishment of Imprest Funds
Filed Modified or Agency Approved July 30, 2010  Modified
Bill Numbers HB  SB Bundled
Title/Series 26-1
Agency Veterinary Medicine
Rule Name Organization and Operation and Licensing of Veterinarians
Filed Modified or Agency Approved July 27, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 26-2
Agency Veterinary Medicine
Rule Name Disciplinary & Complaint Procedures of the WV Board of Veterinary Medicine
Filed Modified or Agency Approved July 27, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 26-2A
Agency Veterinary Medicine
Rule Name Contested Case Hearing Procedures
Filed Modified or Agency Approved July 27, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 26-3
Agency Veterinary Medicine
Rule Name Registration of Veterinary Technicians
Filed Modified or Agency Approved July 27, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 26-4
Agency Veterinary Medicine
Rule Name Standards of Practice
Filed Modified or Agency Approved July 27, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 26-5
Agency Veterinary Medicine
Rule Name Certified animal Euthanasia Technicians
Filed Modified or Agency Approved July 27, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 26-6
Agency Veterinary Medicine
Rule Name Organization and Operation and Licensing of Veterinarians
Filed Modified or Agency Approved July 27, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 33-20
Agency Waste Management
Rule Name Hazardous Waste Management Rule
Filed Modified or Agency Approved July 30, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 47-2
Agency Water Resources
Rule Name Requirements Governing Water Quality Standards
Filed Modified or Agency Approved July 30, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 47-12
Agency Water Resources
Rule Name Requirements Governing Groundwater Standards
Filed Modified or Agency Approved July 23, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 47-60
Agency Water Resources
Rule Name Monitoring Well Design Standards
Filed Modified or Agency Approved July 26, 2010 Agency Approved
Bill Numbers HB  SB Bundled
Title/Series 96-3
Agency WorkForce West Virginia
Rule Name Employer Violator System
Filed Modified or Agency Approved September 24, 2009 Agency Approved
Bill Numbers HB  SB Bundled