Home | Business4WV | News Center
FacebookFollow Secretary Tennant on Twitter Subscribe to Secretary Tennant's Videos on VimeoUstream   Font size: A-  A  A+

 About Proposed & Emergency Rules

Understanding the Rule Listings

The list of Proposed Rules and the list of Emergency Rules each provides the following information:

  • Agency/Series is a short form of the agency or board name, with the title and series number of the rule.  The listing is arranged alphabetically by agency name.
  • Rule Name gives the full title of the rule, and is the link to the online copy.
  • Rule Type indicates whether the rule is legislative, procedural or interpretive, and whether it is filed as an emergency rule.
  • Notice/Comment gives the date the rule was filed for public comment, and the deadline for public comments, which in some cases is the hearing date.
  • Emergency gives the date the rule was filed as an emergency rule, and the effective date of the emergency rule, if any.  [Note:  An emergency rule must be filed as a proposed rule within thirty days after filing as an emergency rule.]
  • Amendment gives the dates of filing of any amendments, and the amended effective date.

For details about the hearing or the address to file comments, see the Rule Monitor in the State Register.  Go to Proposed  Rules for a list of proposed rules, and Emergency Rules for a list and links to the online rules.

Proposed Rules on this Site

Proposed rules which are filed for public comment are available on this site only during the public comment period.  A proposed rule may change substantially after the comment period, and the modified rules are available only in paper format.  For more information on the rule-making process, see About Rule Making. To request a copy of a modified rule or contact the Administrative Law Division.

Emergency Rules on this Site

Emergency rules remain available online as long as they are in effect.  Remember, an emergency rule is always a legislative rule, and must also be filed as a proposed legislative rule.  In Proposed Rules the notice and hearing dates will be entered after the rule is filed as a legislative rule.

The effective date of an emergency rule is not listed until the rule has been approved by the Secretary of State.  The Secretary may not approve or reject the emergency rule based on the content of the rule, but must decide two things:

  • whether the reason for the rule meets the definition of "emergency"; and
  • whether the rule complies with or exceeds the authority of state law.

For more information, see Understanding Emergency Rules.