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 Proposed Rules

Rules which are not yet part of the Code of State Rules are available to the public during the rule-making process to encourage public participation and comment. All comments should go directly to the Agency proposing the rule.

Proposed Rules After Comment

After public comment but before rules go into effect, the proposed rules are listed for review. After the comment period, the agency may change the rule in response to public comment. Copies can be ordered from the Administrative Law Division and the most current version of the rule will be provided at the time you order.

Agency Approved and Modified Rules

Agency approved rules are filed after the public comment period is finished, then the rules go before the Legislative Rule Making Review Committee (LRMRC) and modified rules are filed, if necessary. View the Agency Approved or Modified Rules in Acrobat Reader format

Online for Comment

Proposed rules are posted online only during the public comment period. See About Proposed and Emergency Rules for information about what is posted here. 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.

Online postings for viewing and printing require the Acrobat Reader. For information about how to download and use the free reader, see Acrobat Reader Help.






























































Title/Series  1-1

Agency

Accountancy

Rule Name

Board Rules and Rules of Professional Conduct

Hearing
Comment

July 15, 2015
Title/Series  105-1

Agency

Administrative Hearings

Rule Name

Appeal Procedures

Hearing
Comment

July 22, 2015
Title/Series  61-23D

Agency

Agriculture

Rule Name

Inspection of Nontraditional, Domesticated Animals

Hearing
Comment

July 17, 2015
Title/Series  61-28

Agency

Agriculture

Rule Name

Poultry Litter and Manure Movement Into Primary Poultry Breeder Rearing Areas

Hearing
Comment

July 30, 2015
Title/Series  61-31

Agency

Agriculture

Rule Name

Livestock Care Standards

Hearing
Comment

July 30, 2015
Title/Series  45-16

Agency

Air Quality

Rule Name

Standards of Performance for New Stationary Sources

Hearing
Comment

July 6, 2015
Title/Series  45-18

Agency

Air Quality

Rule Name

Control of Air Pollution from Combustion of Solid Waste

Hearing
Comment

July 6, 2015
Title/Series  45-25

Agency

Air Quality

Rule Name

Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities

Hearing
Comment

July 6, 2015
Title/Series  45-34

Agency

Air Quality

Rule Name

Emission Standards for Hazardous Air Pollutants

Hearing
Comment

July 6, 2015
Title/Series  45-39

Agency

Air Quality

Rule Name

Control of Annual Nitrogen Oxides Emissions - Repeal

Hearing
Comment

July 6, 2015
Title/Series  45-40

Agency

Air Quality

Rule Name

Control of Ozone Season Nitrogen Oxides Emissions

Hearing
Comment

July 6, 2015
Title/Series  45-41

Agency

Air Quality

Rule Name

Control of Annual Sulfur Dioxide Emissions - Repeal

Hearing
Comment

July 6, 2015
Title/Series  175-2

Agency

Alcohol Beverage Control Commission

Rule Name

Private Club Licensing

Hearing
Comment

July 11, 2015
Title/Series  175-10

Agency

Alcohol Beverage Control Commission

Rule Name

Distilleries and Mini-Distilleries

Hearing
Comment

July 11, 2015
Title/Series  176-1

Agency

Alcohol Beverage Control Commission - Beer

Rule Name

Nonintoxicating Beer Licensing and Operations Procedures

Hearing
Comment

July 11, 2015
Title/Series  177-2

Agency

Athletic Commission

Rule Name

Regulations of Mixed Martial Arts

Hearing
Comment

July 20, 2015
Title/Series  135-60

Agency

Community and Technical College Education

Rule Name

West Virginia Reverse Transfer Program

Hearing
Comment

July 17, 2015
Title/Series  162-2

Agency

Consolidated Public Retirement Board

Rule Name

Benefit Determination and Appeal

Hearing
Comment

July 6, 2015
Title/Series  162-3

Agency

Consolidated Public Retirement Board

Rule Name

Teachers' Defined Contribution Retirement System

Hearing
Comment

July 6, 2015
Title/Series  162-4

Agency

Consolidated Public Retirement Board

Rule Name

Teachers' Retirement System

Hearing
Comment

July 6, 2015
Title/Series  162-7

Agency

Consolidated Public Retirement Board

Rule Name

Refund, Reinstatement, Retroactive Service, Loan and Correction of Error Inerest Factors

Hearing
Comment

July 6, 2015
Title/Series  162-8

Agency

Consolidated Public Retirement Board

Rule Name

Service Credit for Accrued and Unused Sick and Annual Leave

Hearing
Comment

July 6, 2015
Title/Series  162-9

Agency

Consolidated Public Retirement Board

Rule Name

West Virginia State Police

Hearing
Comment

July 6, 2015
Title/Series  162-10

Agency

Consolidated Public Retirement Board

Rule Name

Deputy Sheriff Retirement System

Hearing
Comment

July 6, 2015
Title/Series  27-1

Agency

Counseling

Rule Name

Licensing Rule

Hearing
Comment

July 15, 2015
Title/Series  27-2

Agency

Counseling

Rule Name

Licensed Professional Counselor Fees

Hearing
Comment

July 15, 2015
Title/Series  27-3

Agency

Counseling

Rule Name

Licensed Professional Counselor License Renewal and Continuing Professional Education Requirements

Hearing
Comment

July 15, 2015
Title/Series  27-5

Agency

Counseling

Rule Name

Disciplinary and Complaint Procedures for Counselors

Hearing
Comment

July 20, 2015
Title/Series  27-8

Agency

Counseling

Rule Name

Marriage and Family Therapists Licensing Rule

Hearing
Comment

July 15, 2015
Title/Series  27-9

Agency

Counseling

Rule Name

Marriage and Family Therapists Fee Rule

Hearing
Comment

July 15, 2015
Title/Series  27-10

Agency

Counseling

Rule Name

Marriage and Family License Renewal and Continuing Professional Education

Hearing
Comment

July 15, 2015
Title/Series  27-11

Agency

Counseling

Rule Name

Disciplinary and Complaint Procedures for Marriage and Family Therapist

Hearing
Comment

July 20, 2015
Title/Series  27-12

Agency

Counseling

Rule Name

Contested Case Hearing Procedure and Marriage and Family Therapist

Hearing
Comment

July 20, 2015
Title/Series  149-2

Agency

Crime, Delinquency and Correction (GCCDC)

Rule Name

Law Enforcement Training and Certification Standards

Hearing
Comment

July 22, 2015
Title/Series  126-44E

Agency

Education

Rule Name

Next Generation Health Education 5-12 Content Standards and Objectives for West Virginia Schools (2520.5)

Hearing
Comment

July 13, 2015
Title/Series  64-101

Agency

Health

Rule Name

Use of the E-Directives Registry by Emergency Medical Services

Hearing
Comment

July 25, 2015
Title/Series  64-101

Agency

Health

Rule Name

Use of the E-Directives Registry by Emergency Medical Services

Hearing
Comment

July 25, 2015
Title/Series  64-48

Agency

Health

Rule Name

Emergency Medical Services

Hearing
Comment

July 25, 2015
Title/Series  64-51

Agency

Health

Rule Name

Fees for Services

Hearing
Comment

July 25, 2015
Title/Series  64-56

Agency

Health

Rule Name

Infectious Medical Waste

Hearing
Comment

July 25, 2015
Title/Series  64-64

Agency

Health

Rule Name

Aids-Related Medical Testing and Confidentiality

Hearing
Comment

July 25, 2015
Title/Series  64-76

Agency

Health

Rule Name

Tuberculosis Testing, Control, Tratment and Commitment

Hearing
Comment

July 25, 2015
Title/Series  64-95

Agency

Health

Rule Name

Immunization Requirements and Recommendations for Children Attending School and Enrolled in State-Regulated Child Care

Hearing
Comment

July 26, 2015
Title/Series  64-102

Agency

Health

Rule Name

Farmers Market Vendors

Hearing
Comment

July 25, 2015
Title/Series  64-104

Agency

Health

Rule Name

Certification of Opioid Overdose Prevention and Treatment Training Programs

Hearing
Comment

July 25, 2015
Title/Series  64-101

Agency

Health

Rule Name

Use of the E-Directives Registry by Emergency Medical Services

Hearing
Comment

July 25, 2015
Title/Series  69-1

Agency

Health and Human Resources

Rule Name

Rules for Hearings Under the Administrative Procedures Act

Hearing
Comment

July 10, 2015
Title/Series  69-8

Agency

Health and Human Resources

Rule Name

Chronic Pain Management Clinic Licensure

Hearing
Comment

July 26, 2015
Title/Series  69-9

Agency

Health and Human Resources

Rule Name

Neonatal Abstinence Centers

Hearing
Comment

July 25, 2015
Title/Series  69-10

Agency

Health and Human Resources

Rule Name

West Virginia Clearance for Access: Registry and Employment Screening

Hearing
Comment

July 26, 2015
Title/Series  157-11

Agency

Highways

Rule Name

State Transportation Infrastructure Fund Program

Hearing
Comment

July 26, 2015
Title/Series  77-10

Agency

Human Rights Commission

Rule Name

Pregnant Workers' Fairness Act

Hearing
Comment

July 30, 2015
Title/Series  78-1

Agency

Human Services

Rule Name

Child Care Center Licensing Requirements

Hearing
Comment

July 25, 2015
Title/Series  78-18

Agency

Human Services

Rule Name

Family Child Care Facility Licensing Requirements

Hearing
Comment

July 25, 2015
Title/Series  78-19

Agency

Human Services

Rule Name

Family Care Home Registration Requirements

Hearing
Comment

July 25, 2015
Title/Series  78-23

Agency

Human Services

Rule Name

W. Va. Works Program Sanctions

Hearing
Comment

July 25, 2015
Title/Series  78-24

Agency

Human Services

Rule Name

Qualifications for a Restricted Provisional License to Practice as a Social Worker Within the Department of Health & Humas Resources

Hearing
Comment

July 25, 2015
Title/Series  78-25

Agency

Human Services

Rule Name

Goals for Foster Children

Hearing
Comment

July 26, 2015
Title/Series  133-26

Agency

Higher Education Policy Commission

Rule Name

Underwood-Smith Teacher Scholarship Program

Hearing
Comment

July 4, 2015
Title/Series  133-58

Agency

Higher Education Policy Commission

Rule Name

Nursing Scholarship Program

Hearing
Comment

July 4, 2015
Title/Series  133-60

Agency

Higher Education Policy Commission

Rule Name

West Virginia Reverse Transfer Program

Hearing
Comment

July 4, 2015
Title/Series  42-5

Agency

Labor

Rule Name

Wage Payment and Collection

Hearing
Comment

July 25, 2015
Title/Series  42-8

Agency

Labor

Rule Name

Minimum Wages and Maximum Hours Standards Regulations

Hearing
Comment

July 27, 2015
Title/Series  42-21

Agency

Labor

Rule Name

Elevator Safety Act

Hearing
Comment

July 27, 2015
Title/Series  42-21A

Agency

Labor

Rule Name

Licensing of Elevator Mechanics and Technicians and Registration of Apprentices

Hearing
Comment

July 27, 2015
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

Hearing
Comment

July 13, 2015
Title/Series  56-19

Agency

Miners Health, Safety and Training

Rule Name

Substance Abuse Screening, Standards and Procedures

Hearing
Comment

July 27, 2015
Title/Series  56-21

Agency

Miners Health, Safety and Training

Rule Name

Self-Contained Self-Rescue Device Immediate Reach Interpretive Rule

Hearing
Comment

July 26, 2015
Title/Series  38-2

Agency

Mining and Reclamation

Rule Name

WV Surface Mining Reclamation

Hearing
Comment

July 24, 2015
Title/Series  58-47

Agency

Natural Resources

Rule Name

Prohibitions When Hunting and Trapping

Hearing
Comment

July 22, 2015
Title/Series  58-49

Agency

Natural Resources

Rule Name

General Hunting

Hearing
Comment

July 22, 2015
Title/Series  58-50

Agency

Natural Resources

Rule Name

Deer Hunting

Hearing
Comment

July 22, 2015
Title/Series  58-52

Agency

Natural Resources

Rule Name

Wild Boar Hunting

Hearing
Comment

July 22, 2015
Title/Series  58-74

Agency

Natural Resources

Rule Name

Elk Restoration and Management

Hearing
Comment

July 22, 2015
Title/Series  21-1

Agency

Nursing Home Administrators Licensing Board

Rule Name

Nursing Home Administrators

Hearing
Comment

July 10, 2015
Title/Series  35-8

Agency

Oil & Gas

Rule Name

Horizontal Well Development

Hearing
Comment

Hearing - July 23, 2015
Written Comment - July 27, 2015
Title/Series  21-1

Agency

Nursing Home Administrators Licensing Board

Rule Name

Nursing Home Administrators

Hearing
Comment

July 10, 2015
Title/Series  21-1

Agency

Nursing Home Administrators Licensing Board

Rule Name

Nursing Home Administrators

Hearing
Comment

July 10, 2015
Title/Series  21-1

Agency

Nursing Home Administrators Licensing Board

Rule Name

Nursing Home Administrators

Hearing
Comment

July 10, 2015
Title/Series  21-1

Agency

Nursing Home Administrators Licensing Board

Rule Name

Nursing Home Administrators

Hearing
Comment

July 10, 2015
Title/Series  189-5

Agency

Property Valuation Training and Procedures Commission

Rule Name

Tax Map Sales

Hearing
Comment

July 13, 2015
Title/Series  225-1

Agency

Public Transit

Rule Name

Rail Fixed Guideway Systems State Safety Oversight

Hearing
Comment

July 30, 2015
Title/Series  178-1

Agency

Racing Commission

Rule Name

Thoroughbred Racing

Hearing
Comment

July 13, 2015
Title/Series  178-1

Agency

Racing Commission

Rule Name

Thoroughbred Racing

Hearing
Comment

July 13, 2015
Title/Series  178-5

Agency

Racing Commission

Rule Name

Pari-Mutuel Wagering

Hearing
Comment

July 13, 2015
Title/Series  164-1

Agency

School Building Authority of West Virginia

Rule Name

School Building Authority Policy and Procedural Manual

Hearing
Comment

July 27, 2015
Title/Series  153-51

Agency

Secretary of State

Rule Name

Procedure for Notice to Candidate for Failure to Timely File Primary Campaign Finance Statements

Hearing
Comment

July 6, 2015
Title/Series  25-1

Agency

Social Work

Rule Name

Qualifications for the Profession of Social Work

Hearing
Comment

July 10, 2015
Title/Series  110-1H

Agency

Tax

Rule Name

Valuation of Timberland and Managed Timberland

Hearing
Comment

July 13, 2015
Title/Series  110-10F

Agency

Tax

Rule Name

Payment of Taxes by Electronic Funds Transfer

Hearing
Comment

July 13, 2015
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

Hearing
Comment

July 13, 2015
Title/Series  144-1

Agency

Tourism

Rule Name

Direct Advertising Grants Program

Hearing
Comment

July 27, 2015
Title/Series  47-2

Agency

Water Resources, Div. of Water and Waste Management

Rule Name

Requirements Governing Water Quality Standards

Hearing
Comment

Hearing: July 21, 2015
Written Comments: July 31, 2015
Title/Series  47-30B

Agency

Water Resources, Div. of Water and Waste Management

Rule Name

Administratiive Proceedings and Civil Penalty Assessment

Hearing
Comment

July 24, 2015
Title/Series  47-63

Agency

Water Resources, Div. of Water and Waste Management

Rule Name

Aboveground Storage Tanks

Hearing
Comment

July 30, 2015
Title/Series  47-64

Agency

Water Resources, Div. of Water and Waste Management

Rule Name

Aboveground Storage Tank Fee Assessments

Hearing
Comment

July 30, 2015
Title/Series  47-65

Agency

Water Resources, Div. of Water and Waste Management

Rule Name

Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment

Hearing
Comment

July 30, 2015