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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. 

Proposed Rules After Comment

After public comment but before rules go into effect, the proposed rules are listed for review.  View the Proposed Rules List in Acrobat Reader format.   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 148-3
Agency Administration
Rule Name State Owned Vehicles
Filed June 25, 2009
Comment July 27, 2009
   
Title/Series 61-12J
Agency Agriculture
Rule Name Integrated Pest Management Programs in Schools & Day Care Centers Facilities
Filed June 11, 2009
Comment July 15, 2009
   
Title/Series 61-23B
Agency Agriculture
Rule Name WV Shellfish Rule
Filed June 29, 2009
Comment July 29, 2009
   
Title/Series 61-27
Agency Agriculture
Rule Name Best Management Practices for Land Application of Waste Products from Aquaculture Facilities
Filed June 11, 2009
Comment July 13, 2009
   
Title/Series 45-8
Agency Air Quality
Rule Name Ambient Air Quality Standards
Filed June 10, 2009
Comment July 13, 2009
   
Title/Series 45-14
Agency Air Quality
Rule Name Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration
Filed June 10, 2009
Comment July 13, 2009
   
Title/Series 45-16
Agency Air Quality
Rule Name Standards of Performance for New Stationary Sources
Filed June 10, 2009
Comment July 13, 2009
   
Title/Series 45-19
Agency Air Quality
Rule Name Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment
Filed June 10, 2009
Comment July 13, 2009
   
Title/Series 45-25
Agency Air Quality
Rule Name Control of Air Pollution from Hazardous Waste Treatment Storage and Disposal Facilities
Filed June 10, 2009
Comment July 13, 2009
   
Title/Series 45-33
Agency Air Quality
Rule Name Acid Rain Provisions and Permits
Filed June 10, 2009
Comment July 13, 2009
   
Title/Series 45-34
Agency Air Quality
Rule Name Emission Standards for Hazardous Air Pollutants
Filed June 10, 2009
Comment July 13, 2009
   
Title/Series 3-1
Agency Barbers & Cosmetologists
Rule Name Procedures, Criteria & Curricula for Examinations & Licensure of Barbers, Cosmetologists, Manicurists & Aestheticians
Filed June 30, 2009
Comment July 30, 2009
   
Title/Series 3-2
Agency Barbers & Cosmetologists
Rule Name Qualifications, Training, Examination & Licensure of Instructors in Barbering & Beauty Culture
Filed June 30, 2009
Comment July 30, 2009
   
Title/Series 3-3
Agency Barbers & Cosmetologists
Rule Name Rules & Regs for Licensing Schools of Barbering & Beauty Culture
Filed June 30, 2009
Comment July 30, 2009
   
Title/Series 3-5
Agency Barbers & Cosmetologists
Rule Name Operation of Barber, Beauty Shops & Schools of Barbering & Beauty Culture
Filed June 30, 2009
Comment July 30, 2009
   
Title/Series 3-6
Agency Barbers & Cosmetologists
Rule Name Schedule of Fees
Filed June 30, 2009
Comment July 30, 2009
   
Title/Series 3-7
Agency Barbers & Cosmetologists
Rule Name Schedule of Fines
Filed June 30, 2009
Comment July 30, 2009
   
Title/Series 3-8
Agency Barbers & Cosmetologists
Rule Name Disciplinary & Complaint Procedures
Filed June 30, 2009
Comment July 30, 2009
   
Title/Series 3-10
Agency Barbers & Cosmetologists
Rule Name Standard of Ethics
Filed June 30, 2009
Comment July 30, 2009
   
Title/Series 3-11
Agency Barbers & Cosmetologists
Rule Name Continuing Education
Filed June 30, 2009
Comment July 30, 2009
   
Title/Series 3-12
Agency Barbers & Cosmetologists
Rule Name Hearing Procedures
Filed June 30, 2009
Comment July 30, 2009
   
Title/Series 207-1
Agency Coalfield Community Development
Rule Name Community Development Assessment & Real Property Valuation Procedures for Office of Coalfield Community Development
Filed June 30, 2009
Comment July 31, 2009
   
Title/Series 63-1
Agency Conservation Committee
Rule Name Operation of WV State Conservation Committee & Conservation Districts
Filed June 23, 2009
Comment July 24, 2009
   
Title/Series 162-4
Agency Consolidated Public Board
Rule Name Teachers' Retirement System
Filed June 15, 2009
Comment July 15, 2009
   
Title/Series 162-5
Agency Consolidated Public Board
Rule Name Public Employees Retirement System
Filed June 15, 2009
Comment July 15, 2009
   
Title/Series 162-7
Agency Consolidated Public Board
Rule Name Refund, Reinstatement & Loan Interest Factors
Filed June 15, 2009
Comment July 15, 2009
   
Title/Series 162-9
Agency Consolidated Public Board
Rule Name WV State Police
Filed June 15, 2009
Comment July 15, 2009
   
Title/Series 27-2
Agency Counseling
Rule Name Licensed Professional Conselor Fees
Filed June 16, 2009
Comment July 17, 2009
   
Title/Series 27-3
Agency Counseling
Rule Name Licensed Professional Counselor License Renewal & Continuing Professional Education Requirements
Filed June 16, 2009
Comment July 17, 2009
   
Title/Series 27-8
Agency Counseling
Rule Name Marriage & Family Therapists Licensing Rule
Filed June 16, 2009
Comment July 17, 2009
   
Title/Series 27-9
Agency Counseling
Rule Name Marriage & Family Therapists Fee Rule
Filed June 16, 2009
Comment July 17, 2009
   
Title/Series 27-10
Agency Counseling
Rule Name Marriage & Family License Renewal & Continuing Professional Education
Filed June 16, 2009
Comment July 17, 2009
   
Title/Series 126-44A
Agency Education
Rule Name 21st Century Reading & English Language Arts Content Standards & Objectives for WV Schools (2520.1)
Filed June 11, 2009
Comment July 13, 2009
   
Title/Series 126-44B
Agency Education
Rule Name 21st Century Mathematics Content Standards & Objectives for WV Schools (2520.2)
Filed June 11, 2009
Comment July 13, 2009
   
Title/Series 126-44C
Agency Education
Rule Name 21st Century Science K-8 Content Standards &  Objectives for WV Schools (2520.1)
Filed June 11, 2009
Comment July 13, 2009
   
Title/Series 126-44D
Agency Education
Rule Name 21st Century Social Studies Content Standards & Objectives for WV Schools (2520.1)
Filed June 11, 2009
Comment July 13, 2009
   
Title/Series 126-44R
Agency Education
Rule Name 21st Century Science 9-12 Content Standards and  Objectives for WV Schools (2520.1)
Filed June 11, 2009
Comment July 13, 2009
   
Title/Series 128-81
Agency Education
Rule Name Attendance (4110)
Filed June 11, 2009
Comment July 13, 2009
   
Title/Series 46-12
Agency Environmental Quality Board
Rule Name Requirements Governing Groundwater Standards
Filed June 12, 2009
Comment July 16, 2009
   
Title/Series 204-1
Agency Hatfield-McCoy Regional Recreation Authority
Rule Name Rules for Use of Facilities
Filed June 5, 2009
Comment July 14, 2009
   
Title/Series 64-11
Agency Health
Rule Name Behavorial Health Centers Licensure Rule
Filed June 25, 2009
Comment July 27, 2009
   
Title/Series 64-34
Agency Health
Rule Name Grade "A" Pasteurized Milk
Filed June 25, 2009
Comment July 27, 2009
   
Title/Series 64-51
Agency Health
Rule Name Fees for Services
Filed June 25, 2009
Comment July 31, 2009
   
Title/Series 64-67
Agency Health
Rule Name Distribution of State Aid Funds to Local Boards of Health
Filed June 29, 2009
Comment July 30, 2009
   
Title/Series 69-6
Agency Health
Rule Name Nurse Aide Abuse Registry
Filed June 25, 2009
Comment July 27, 2009
   
Title/Series 157-7
Agency Highways
Rule Name Transportation of Hazardous Wastes Upon the Roads & Highways
Filed June 26, 2009
Comment July 27, 2009
   
Title/Series 78-21
Agency Human Services
Rule Name Out-of-School-Time Child Care Center Licensing Requirements
Filed June 30, 2009
Comment July 30, 2009
   
Title/Series 114-36
Agency Insurance
Rule Name WV Life & Health Insurance Guaranity Association Act Notice Requirements
Filed June 26, 2009
Comment July 27, 2009
   
Title/Series 56-3
Agency Miners' Health, Safety & Training
Rule Name Rules & Regs Governing the Safety of Those Employed in & Around Surface Mines in West Virginia
Filed June 2, 2009
Comment July 15, 2009
   
Title/Series 56-16
Agency Miners' Health, Safety & Training
Rule Name Rules & Regs Governing the Safety of Those Employed in & Around Preparation Plants in West Virginia
Filed June 30, 2009
Comment July 16, 2009
   
Title/Series 56-15
Agency Miners' Health, Safety & Training
Rule Name Rules & Regs Governing Subpoenas of Mine Inspectors
Filed June 12, 2009
Comment July 13, 2009
   
Title/Series 205-1
Agency Outdoor Heritage Conservation Fund
Rule Name Rules of the Outdoor Heritage Conservation Fund
Filed June 23, 2009
Comment July 24, 2009
   
Title/Series 35-4 (2nd comment period)
Agency Oil & Gas
Rule Name Oil & Gas Wells & Other Wells
Filed June 11, 2009
Comment July 14, 2009
   
Title/Series 24-1
Agency Osteopathy
Rule Name Licensing Procedures for Osteopathic Physicians
Filed June 1, 2009
Comment July 1, 2009
   
Title/Series 24-4
Agency Osteopathy
Rule Name Formation & Approval of Professional Limited Liability Companies
Filed June 1, 2009
Comment July 1, 2009
   
Title/Series 24-5
Agency Osteopathy
Rule Name Fees for Service Rendered by the Board of Osteopathy
Filed June 1, 2009
Comment July 1, 2009
   
Title/Series 17-2
Agency Psychologists
Rule Name Organization & Procedures of the Board of Examiners of Psychologists
Filed June 11, 2009
Comment July 13, 2009
   
Title/Series 17-3
Agency Psychologists
Rule Name Qualifications for Licensure as a Psychologists and/or a School Psychologists
Filed June 11, 2009
Comment July 13, 2009
   
Title/Series 168-1
Agency Prosecuting Attorneys Institute
Rule Name Payment for Costs of Forensic Medical Examination
Filed June 9, 2009
Comment July 9, 2009
   
Title/Series 190-2
Agency Real Estate Appraiser Licensing & Certification Board
Rule Name Requirements for Licensure & Certification
Filed June 30, 2009
Comment July 31, 2009
   
Title/Series 190-4
Agency Real Estate Appraiser Licensing & Certification Board
Rule Name Investigative & Hearing Procedure
Filed June 30, 2009
Comment July 31, 2009
   
Title/Series 100-3
Agency Records Management & Preservation Board
Rule Name County Records Disaster Response & Recovery Fund
Filed June 29, 2009
Comment July 29, 2009
   
Title/Series 153-13
Agency Secretary of State
Rule Name Early Voting in Person Satellite Precincts
Filed June 18, 2009
Comment July 20, 2009
   
Title/Series 153-38
Agency Secretary of State
Rule Name Vote-by-Mail Pilot Project Phase 1:  Class IV Early Voting by Mail
Filed June 25, 2009
Comment July 27, 2009
   
Title/Series 153-39
Agency Secretary of State
Rule Name Vote-by-Mail Pilot Project Phase 2:  Voting by Mail
Filed June 25, 2009
Comment July 27, 2009
   
Title/Series 81-6
Agency State Police
Rule Name Carrying of Handguns by Retired or Medically Discharged Members
Filed June 4, 2009
Comment July 6,2009
   
Title/Series 110-13X
Agency Tax
Rule Name WV Film Industry Investment Act
Filed June 26, 2009
Comment July 27. 2009
   
Title/Series 110-21D
Agency Tax
Rule Name Residential Solar Energy Tax Credit
Filed June 26, 2009
Comment July 27. 2009
   
Title/Series 110-24
Agency Tax
Rule Name Corporate Net Income Tax
Filed June 26, 2009
Comment July 27. 2009
   
Title/Series 144-1
Agency Tax
Rule Name Direct-Advertising Grants Programs
Filed June 29, 2009
Comment July 29. 2009
   
Title/Series 33-1
Agency Waste Management
Rule Name Solid Waste Management Rule
Filed June 12, 2009
Comment July 14, 2009
   
Title/Series 47-10
Agency Water Resources
Rule Name National Pollutant Discharge Elimination System (NPDES) Program
Filed June 12, 2009
Comment July 16, 2009
   
Title/Series 47-26
Agency Water Resources
Rule Name Water Pollution Control Permit Fee Schedules
Filed June 12, 2009
Comment July 16, 2009
   
Title/Series 47-59
Agency Water Resources
Rule Name Monitoring Well Rules
Filed June 11, 2009
Comment July 16, 2009
   
Title/Series 47-60
Agency Water Resources
Rule Name Monitoring Well Design Standards
Filed June 11, 2009
Comment July 16, 2009
   
Title/Series 33-20
Agency Waste Management
Rule Name Hazardous Waste Management System
Filed June 10, 2009
Comment July 21, 2009
   
Title/Series 47-30
Agency Waste Management
Rule Name WV/NPDES Rule for Coal Mining Facilities
Filed June 10, 2009
Comment July 14, 2009
   
Title/Series 85-1
Agency Workers' Comp
Rule Name Claims Management & Administration
Filed June 26, 2009
Comment July 30, 2009
   
Title/Series 85-9
Agency Workers' Comp
Rule Name Workers' Compensation Uninsured Employers' Fund
Filed June 26, 2009
Comment July 30, 2009
   
Title/Series 85-32
Agency Workers' Comp
Rule Name State Agency Revocation or Refusal to Grant, Issue or Renew Contracts, Licenses, Permits, Certificates or Other Authority to Conduct a Trade, Professional or Business to or with an Employing Unit in Default of its Workers' Compensation Obligations
Filed June 26, 2009
Comment July 30, 2009
   

 

 

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