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 Types of Rules

There are three types of normal rules -- Legislative, Procedural and Interpretive. The term "administrative rules" refers generally to rules promulgated by an administrative agency. Emergency rules are legislative rules which are promulgated in an emergency.

Legislative

Legislative rules are proposed by an agency subject to the Administrative Procedures Act (APA), but must be approved by the Legislature before they go into effect, unless they are filed as Emergency rules.  A legislative rule is the only form of rule under the APA which:

  • carries the force of law, or
  • supplies a basis of civil or criminal liability, or
  • grants or denies a specific benefit.

A legislative rule may be used to determine any issue affecting public rights, privileges or interests.

Except when specifically provided in the W. Va. Code, legislative rules do not include:

  • findings or determinations of fact made or reported by an agency, including any such findings and determinations as required to be made by any agency as a condition precedent to proposal of a rule to the legislature;
  • declaratory rulings issued by an agency;
  • orders; or
  • executive orders or proclamations by the governor issued solely in the exercise of executive power.
Procedural Procedural rules are those which set rules of procedure, practice or evidence for dealings with or proceedings before an agency, and may include forms used by the agency. Procedural rules are not reviewed or approved by the Legislature.
Interpretive Interpretive rules are rules which provide information or guidance regarding the agency's interpretations, policy or opinions upon the law enforced or administered by it. They are not to be used to determine any issue affecting private rights, privileges or interests. Interpretive rules are not reviewed or approved by the Legislature.