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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
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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 the 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.
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Procedural
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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.
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Interpretive
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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. |
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