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Home » US Law » 2022 West Virginia Code » Chapter 29A. State Administrative Procedures Act » Article 1. Definitions and Application of Chapter

§29A-1-1. Legislative Findings and Statement of Purpose

The Legislature finds and declares that administrative law and the administrative practice and procedure of the various executive and administrative officers, offices and agencies comprises a body of law and policy which is voluminous, often formulated without adequate public participation and collected and preserved for public knowledge and use in an unacceptable and essentially inaccessible […]

§29A-1-2. Definitions of Terms Used in This Chapter

For the purposes of this chapter: (a) "Agency" means any state board, commission, department, office or officer authorized by law to make rules or adjudicate contested cases, except those in the legislative or judicial branches. (b) "Contested case" means a proceeding before an agency in which the legal rights, duties, interests or privileges of specific […]

§29A-1-3. Application of Chapter; Limitations

(a) The provisions of this chapter do not apply in any respect whatever to executive orders of the Governor, which orders to the extent otherwise lawful shall be effective according to their terms: Provided, That the executive orders shall be admitted to record in the state register when and to the extent the Governor deems […]

§29A-1-3a. Technical Amendments to a Current Rule

The provisions of this chapter do not apply to purely technical amendments to a current rule, including correcting addresses, phone numbers, punctuation, spelling, code citations or internal citations, numbering, grammatical errors or changes to language to standardize rules generally without affecting the content of any rule. An agency may make these amendments by filing the […]

§29A-1-3b. Void Rules

(a) If an agency ceases to exist, through the operation of law or by statute, any rules adopted or promulgated by the agency are void on the date the agency ceases to exist, unless the agency’s rule-making power and its rules have been transferred to another agency. (b) Upon repeal or elimination of a statute […]

§29A-1-4. Application of Open Governmental Proceedings Law

(a) All meetings of an agency, board or commission of the executive branch of government or of the legislative rule-making review committee which may only be convened upon the presence of a required quorum, and which are convened for the purpose of making a decision or deliberating toward a decision as to the form and […]