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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.

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.

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.

Some 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 23, 2017
Title/Series  148-3

Agency

Administration

Rule Name

State Owned Vehicles

Hearing
Comment

July 21, 2017
Title/Series  148-06

Agency

Administration

Rule Name

Parking

Hearing
Comment

July 21, 2017
Title/Series  61-1 

Agency

Agriculture

Rule Name

Animal Disease Control

Hearing
Comment

July 28, 2017
Title/Series  61-1A

Agency

Agriculture

Rule Name

Feeding of Untreated Garbage to Swine

Hearing
Comment

July 22, 2017
Title/Series  61-11

Agency

Agriculture

Rule Name

Public Markets

Hearing
Comment

July 27, 2017
Title/Series  61-14A

Agency

Agriculture

Rule Name

Noxious Weeds

Hearing
Comment

July 22, 2017
Title/Series  149-2

Agency

Crime Delinquency and Correction

Rule Name

Law Enforcement Training and Certification Standards

Hearing
Comment

July 24, 2017
Title/Series  149-3

Agency

Crime Delinquency and Correction

Rule Name

Protocol For Law Enforcement Response to Domestic Violence

Hearing
Comment

July 28, 2017
Title/Series  126-81

Agency

Education

Rule Name

Attendance (Policy 4110)

Hearing
Comment

August 14, 2017
 
Title/Series  126-99

Agency

Education

Rule Name

Expected Behavior in Safe and Supportive Schools
(Policy 4373)

Hearing
Comment

August 14, 2017
Title/Series  126-114

Agency

Education

Rule Name

Approval of Educational Personnel Preparation Programs
(Policy 5100)

Hearing
Comment

August 14, 2017
Title/Series  126-136

Agency

Education

Rule Name

Minimum Requirements for the Licensure of Professional / Paraprofessional Personnel and Advanced Salary Classification (Policy 5202)

Hearing
Comment

August 14, 2017
Title/Series  64-3

Agency

Health

Rule Name

Public Water Systems

Hearing
Comment

July 27, 2017
Title/Series  64-12

Agency

Health

Rule Name

Hospital Licensure

Hearing
Comment

July 27, 2017
Title/Series  64-17

Agency

Health

Rule Name

Food Establishments

Hearing
Comment

July 27, 2017
Title/Series  64-23A

Agency

Health

Rule Name

Technologically Enhanced Naturally Occurring Radioactive Material

Hearing
Comment

July 27, 2017
Title/Series  64-48

Agency

Health

Rule Name

Emergency Medical Services

Hearing
Comment

July 27, 2017
Title/Series  64-106

Agency

Health

Rule Name

Home-Based Food Production

Hearing
Comment

July 27, 2017
Title/Series  64-107

Agency

Health

Rule Name

Designation of Comprehensive, Primary and Acute Stroke-Ready Hospitals

Hearing
Comment

July 27, 2017
Title/Series  69-10

Agency

Health and Human Resources

Rule Name

WV Clearance for Access: Registry and Employment Screening

Hearing
Comment

July 26, 2017
Title/Series  69-13

Agency

Health and Human Resources

Rule Name

Development of Methodologies to Examine Needs for Substance Use Disorder Treatment Facilities within the State

Hearing
Comment

July 27, 2017
Title/Series  69-14

Agency

Health and Human Resources

Rule Name

Collection and Exchange of Data Related to Overdoses

Hearing
Comment

July 27, 2017
Title/Series  65-13

Agency

Health Care Authority

Rule Name

Financial Disclosure Rule

Hearing
Comment

July 27, 2017
Title/Series  8-1

Agency

Hearing Aid Dealers

Rule Name

WV Board of Hearing Aid Dealers

Hearing
Comment

July 24, 2017
Title/Series  133-41

Agency

Higher Education Policy commission

Rule Name

Health Sciences Service Program

Hearing
Comment

July 26, 2017
Title/Series  157-2

Agency

Highways

Rule Name

Disposal, Lease and Management of Real Property and Appurtenant Structures and Relocation Assistance

Hearing
Comment

July 24, 2017
Title/Series  78-1

Agency

Human Services

Rule Name

Child Care Licensing

Hearing
Comment

July 26, 2017
Title/Series  78-2

Agency

Human Services

Rule Name

Child Placing Agencies Licensing

Hearing
Comment

July 26, 2017
Title/Series  78-18

Agency

Human Services

Rule Name

Family Child Care Facility Licensing Requirements

Hearing
Comment

July 26, 2017
Title/Series  78-19

Agency

Human Services

Rule Name

Family Child Care Home Registration Requirements

Hearing
Comment

July 26, 2017
Title/Series  78-20

Agency

Human Services

Rule Name

Informal and Relative Family Child Care Home Registration Requirments

Hearing
Comment

July 26, 2017
Title/Series  78-21

Agency

Human Services

Rule Name

Out-of-School Time Child Care Center

Hearing
Comment

July 26, 2017
Title/Series  78-26

Agency

Human Services

Rule Name

Drug Screening of Applicants for Cash Assistance Under the Temporary Assistance for Needy Families Program (TANF)

Hearing
Comment

July 26, 2017
Title/Series  42-21

Agency

Labor

Rule Name

Elevator Safety Act

Hearing
Comment

July 22, 2017
Title/Series  10-4

Agency

Licensed Practical Nurses

Rule Name

Schedule of Fees for Services Rendered by the West Virginia State Board of Examiners for Licensed Practical Nurses

Hearing
Comment

July 28, 2017
Title/Series  179-01

Agency

Lottery Commission

Rule Name

State Lottery Rules

Hearing
Comment

July 21, 2017
Title/Series  194-01

Agency

Massage Therapy Licensure Board

Rule Name

General Provisions

Hearing
Comment

July 22, 2017
Title/Series  11-1B

Agency

Medicine

Rule Name

Licensure, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants

Hearing
Comment

August 10, 2017
Title/Series  11-6

Agency

Medicine

Rule Name

Continuing Education for Physicians and Podiatrists

Hearing
Comment

July 21, 2017
Title/Series 58-2

Agency

Natural Resources

Rule Name

Controlling the Public Land Corporations Sale, Lease, Exchange or Transfer of Land or Minerals

Hearing
Comment

July 24, 2017
Title/Series  58-5

Agency

Natural Resources

Rule Name

Recycling Assistance Grant Program

Hearing
Comment

July 24, 2017
Title/Series  58-11

Agency

Natural Resources

Rule Name

Hunting, Fishing and Other Outfitters and Guides

Hearing
Comment

July 24, 2017
Title/Series  58-13B

Agency

Natural Resources

Rule Name

Special Waterfowl Hunting Areas

Hearing
Comment

July 24, 2017
Title/Series  58-25

Agency

Natural Resources

Rule Name

Boating Rule

Hearing
Comment

July 24, 2017
Title/Series  58-28

Agency

Natural Resources

Rule Name

Special Requirements Concerning Boating

Hearing
Comment

July 24, 2017
Title/Series  58-29

Agency

Natural Resources

Rule Name

Special Boating Rule for Jennings Randolph Lake

Hearing
Comment

July 24, 2017
Title/Series  58-49

Agency

Natural Resources

Rule Name

General Hunting

Hearing
Comment

July 24, 2017
Title/Series  58-56

Agency

Natural Resources

Rule Name

Special Migratory Bird Hunting

Hearing
Comment

July 24, 2017
Title/Series  58-64

Agency

Natural Resources

Rule Name

Miscellaneous Permits and Licenses

Hearing
Comment

July 24, 2017
Title/Series  58-69

Agency

Natural Resources

Rule Name

Wildlife Disease Management

Hearing
Comment

July 28, 2017
Title/Series  14-1

Agency

Optometry

Rule Name

West Virginia Board of Optometry

Hearing
Comment

July 28, 2017
Title/Series  15-1

Agency

Pharmacy

Rule Name

Licensure and Practice of Pharmacy

Hearing
Comment

July 24, 2017
Title/Series  15-12

Agency

Pharmacy

Rule Name

Immunizations Administered by Pharmacists and Pharmacy Interns

Hearing
Comment

July 24, 2017
Title/Series  17-1

Agency

Psychologists

Rule Name

Fees

Hearing
Comment

July 28, 2017
Title/Series  17-2

Agency

Psychologists

Rule Name

Organization and Procedures of the Board of Examiners of Psychologists

Hearing
Comment

July 28, 2017
Title/Series  17-3

Agency

Psychologists

Rule Name

Requirements for Licensure as a Psychologist and/or a School Psychologist

Hearing
Comment

July 28, 2017
Title/Series  17-6

Agency

Psychologists

Rule Name

Code of Ethics

Hearing
Comment

July 28, 2017
Title/Series  174-1

Agency

Real Estate Commission

Rule Name

Licensing Real Estate Brokers, Associate Brokers and Salespersons and the Conduct of Brokerage Business

Hearing
Comment

July 24, 2017
Title/Series  174-2

Agency

Real Estate Commission

Rule Name

Schedule of Fees

Hearing
Comment

July 26, 2017
Title/Series  174-3

Agency

Real Estate Commission

Rule Name

Requirements for Real Estate Courses, Course Providers and Instructors

Hearing
Comment

July 26, 2017
Title/Series  153-18

Agency

Secretary of State

Rule Name

Procedures for Canvassing Elections

Hearing
Comment

July 28, 2017
Title/Series  153-27

Agency

Secretary of State

Rule Name

Procedures for Handling Ballots and Counting Write-In Votes in Counties Using Optical Scan Ballots

Hearing
Comment

July 28, 2017
Title/Series  153-34

Agency

Secretary of State

Rule Name

Licensing of Private Investigators and Security Guards

Hearing
Comment

July 26, 2017
Title/Series  153-39

Agency

Secretary of State

Rule Name

Vote by Mail Pilot Project Phase 2: Voting by Mail - Repeal

Hearing
Comment

July 27, 2017
Title/Series  110-22

Agency

Tax

Rule Name

Property Transfer Tax

Hearing
Comment

July 20, 2017
Title/Series  110-28

Agency

Tax

Rule Name

Municipal Sales and Service and Use Tax Administration

Hearing
Comment

July 17, 2017