§29A-3B-11. Legislative Review of Procedural Rules, Interpretive Rules and Existing Legislative Rules
The Legislative Oversight commission on education accountability may review any procedural rules, interpretive rules or existing legislative rules and may make recommendations concerning such rules to the Legislature, or to the board, or to both the Legislature and the board.
§29A-3B-12. Prior Rules
Any rule lawfully promulgated prior to the effective date of this chapter shall remain in full force and effect until: (1) Such rule is expressly made ineffective by the provisions of this chapter; or
§29A-4-1. Declaratory Rulings by Agencies
On petition of any interested person, an agency may issue a declaratory ruling with respect to the applicability to any person, property or state of facts of any rule or statute enforceable by it. A declaratory ruling, if issued after argument and stated to be binding, is binding between the agency and the petitioner on […]
§29A-4-2. Declaratory Judgment on Validity of Rule
(a) Any person, except the agency promulgating the rule, may have the validity of any rule determined by instituting an action for a declaratory judgment in the circuit court of Kanawha county, West Virginia, when it appears that the rule, or its threatened application, interferes with or impairs or threatens to interfere with or impair, […]
§29A-5-1. Notice Required; Hearing; Subpoenas; Witness Fees, etc.; Depositions; Records
(a) In any contested case all parties shall be afforded an opportunity for hearing after at least ten days' written notice. The notice shall contain the date, time and place of the hearing and a short and plain statement of the matters asserted. If the agency is unable to state the matters in detail at […]
§29A-3B-6. Filing Findings and Determinations for Rules in State Register; Evidence Deemed Public Record
(a) Incident to fixing a date for public comment on a proposed rule, the board shall promulgate the findings and determinations required as a condition precedent thereto, and state fully and succinctly the reasons therefor and file such findings and determinations in the state register. If the board amends the proposed rule as a result […]
§29A-3B-7. Notice of Hearings
Notices of hearings required by section five of this article shall be filed in the state register not less than thirty nor more than sixty days before the date of such hearing or the last day specified therein for receiving written material. Any hearing may be continued from time to time and place to place […]
§29A-3B-8. Adoption of Rules
A rule shall be considered by the board for adoption not later than six months after the close of public comment and a notice of withdrawal or adoption shall be filed in the state register within that period. Failure to file such notice shall constitute withdrawal and the Secretary of State shall note such failure […]
§29A-3B-9. Submission of Legislative Rules to the Legislative Oversight Commission on Education Accountability
(a) When the board proposes a legislative rule, the board shall submit the following to the Legislative Oversight Commission on Education Accountability: (1) The full text of the legislative rule as proposed by the board and filed with the office of the Secretary of State, with new language underlined and with language to be deleted […]
§29A-3A-16a. Disapproval of Emergency Rules by the Secretary of State; Judicial Review
(a) Upon the filing of an emergency rule by the board, under the provisions of section sixteen of this article, the Secretary of State shall review such rule and, within forty-two days of such filing, shall issue a decision as to whether or not such emergency rule should be disapproved. (b) The Secretary of State […]