ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 137
(By Senator Manchin)
__________
[Originating in the Committee on the Judiciary;
reported March 31, 1993.]
__________
A BILL to amend and reenact sections three and eight, article
two, chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to further
amend said article by adding thereto two new sections,
designated sections nine and ten; to amend and reenact
sections one, two, eight, ten, eleven, twelve, thirteen,
fourteen and fifteen, article three of said chapter; to
further amend said article by adding thereto three new
sections, designated sections sixteen, seventeen and
eighteen; to amend and reenact sections one, two, three and
six, article five of said chapter; to amend and reenact
sections two and three, article six of said chapter; to
further amend said article by adding thereto a new section,
designated section six; to amend and reenact sections two,
three, five and six, article seven of said chapter; to amend
and reenact section two, article eight of said chapter; to
amend and reenact sections one, twelve, sixteen, eighteen,
twenty, twenty-one, twenty-three, twenty-four, twenty-eight
and thirty-one, article nine of said chapter; and to further
amend said article by adding thereto two new sections,
designated sections thirty-four and thirty-five, all
relating generally to the promulgation of administrative
rules and regulations by the various executive or
administrative agencies and the procedures relating thereto;
the legislative mandate or authorization for the
promulgation of certain legislative rules by various
executive and administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in
the state register; authorizing certain of the agencies to
promulgate legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate
legislative rules with various modifications presented to
and recommended by the legislative rule-making review
committee; authorizing and directing certain of the agencies
to amend legislative rules filed in the code of state
regulations; authorizing the division of personnel to
promulgate legislative rules relating to the administrative
rules and regulations of the division, as modified;
authorizing the ethics commission to promulgate legislative
rules relating to complaints, investigations and hearings,
as modified; authorizing the ethics commission to promulgate
legislative rules relating to the ethics commission, as
modified; authorizing the ethics commission to promulgate
legislative rules relating to advisory opinions, as
modified; authorizing the committee for the purchase of
commodities and services from the handicapped to promulgatelegislative rules relating to the procurement list:
committee for the purchase of commodities and services from
the handicapped, as modified and amended; authorizing the
committee for the purchase of commodities and services from
the handicapped to promulgate legislative rules relating to
qualifications for participation: committee for the purchase
of commodities and services from the handicapped, as
modified and amended; authorizing the committee for the
purchase of commodities and services from the handicapped to
promulgate legislative rules relating to fair market price
determination, as modified and amended; authorizing the
consolidated public retirement board to promulgate
legislative rules relating to general provisions, as
modified; authorizing the consolidated public employees
retirement board to promulgate legislative rules relating to
the public employees retirement system, as modified and
amended; authorizing the consolidated public retirement
board to promulgate legislative rules relating to the
teachers' defined benefit retirement system, as modified and
amended; authorizing the consolidated public retirement
board to promulgate legislative rules relating to the
teachers' defined contribution system, as modified;
authorizing the consolidated public retirement board to
promulgate legislative rules relating to benefit
determination and appeal, as modified; authorizing the air
pollution control commission to promulgate legislative rules
relating to the prevention and control of air pollution from
the emission of volatile organic compounds, as modified andamended; authorizing the air pollution control commission to
promulgate legislative rules relating to confidential
information, as modified; authorizing the air pollution
control commission to promulgate legislative rules relating
to serious and minor violations of applicable rules, as
modified; authorizing the air pollution control commission
to promulgate legislative rules relating to permits for
construction and major modification of major stationary
sources of air pollution for the prevention of significant
deterioration and amended; authorizing the air pollution
control commission to promulgate legislative rules relating
to the prevention and control of air pollution from the
operation of coal preparation plants and coal handling
operations, as modified; authorizing the air pollution
control commission to promulgate legislative rules relating
to the requirements for pre-construction review,
determination of emission offsets for proposed new or
modified stationary sources of air pollutants and emission
trading for intrasource pollutants, as modified and amended;
authorizing the air pollution control commission to
promulgate legislative rules relating to the submission of
emission statements for volatile organic compound emissions
and oxides of nitrogen emissions, as modified and amended;
authorizing the division of banking to promulgate
legislative rules relating to implementing the West Virginia
community reinvestment act, as modified; authorizing the
division of natural resources to promulgate legislative
rules relating to the commercial sale of wildlife, asmodified; authorizing the division of natural resources to
promulgate legislative rules relating to deer hunting, as
modified; authorizing the division of natural resources to
promulgate legislative rules relating to defining the terms
to be used concerning all hunting and trapping regulations,
as modified; authorizing the division of natural resources
to promulgate legislative rules relating to dog training, as
modified; authorizing the division of natural resources to
promulgate legislative rules relating to general hunting
regulations, as modified; authorizing the division of
natural resources to promulgate legislative rules relating
to general trapping regulations, as modified; authorizing
the division of natural resources to promulgate legislative
rules relating to special migratory bird hunting
regulations, as modified; authorizing the division of
natural resources to promulgate legislative rules relating
to prohibitions when hunting and trapping, as modified and
amended; authorizing the division of natural resources to
promulgate legislative rules relating to the revocation of
hunting and fishing licenses, as modified and amended;
authorizing the division of natural resources to promulgate
legislative rules relating to special bear hunting
regulations, as modified; authorizing the division of
natural resources to promulgate legislative rules relating
to special requirements concerning boating, as modified;
authorizing the division of natural resources to promulgate
legislative rules relating to special waterfowl hunting
regulations, as modified; authorizing the division ofnatural resources to promulgate legislative rules relating
to wild boar hunting, as modified; authorizing the division
of natural resources to promulgate legislative rules
relating to wild turkey hunting, as modified; authorizing
the division of natural resources to promulgate legislative
rules relating to West Virginia wildlife management areas,
as modified; authorizing the division of natural resources
to promulgate legislative rules relating to the recycling
assistance fund grant program, as modified; authorizing the
water resources board to promulgate legislative rules
relating to underground injection control, as amended;
authorizing the water resources board to promulgate
legislative rules relating to the national pollutant
discharge elimination system (NPDES), as amended;
authorizing the water resources board to promulgate
legislative rules relating to groundwater standards, as
modified; authorizing the West Virginia economic development
authority to promulgate legislative rules relating to the
West Virginia capital company act: establishment of the
application procedures to implement the act, as modified;
authorizing the solid waste management board to promulgate
legislative rules relating to the disbursement of grants to
solid waste authorities, as modified; authorizing the board
of manufactured housing construction and safety to
promulgate legislative rules relating to the West Virginia
manufactured housing construction and safety standards act,
as modified; authorizing the division of tourism and parks
to promulgate legislative rules relating to the public useof West Virginia state parks, state forests and state
hunting and fishing areas under the division of tourism and
parks, as modified and amended; authorizing the public
energy authority to promulgate legislative rules relating to
the rules and procedures for application for and
environmental assessment of projects seeking qualification
for the public energy authority's assistance; authorizing
the division of forestry to promulgate legislative rules
relating to sediment control during commercial
timber-harvesting operations - logger certification, as
modified; authorizing the division of forestry to promulgate
legislative rules relating to sediment control during
commercial timber-harvesting operations - licensing, as
modified and amended; authorizing the division of
environmental protection to promulgate legislative rules
relating to an operator's designation of bona fide future
use of oil and gas wells - qualification for inactive
status, as modified; authorizing the division of
environmental protection to promulgate legislative rules
relating to oil and gas wells and other wells, as modified;
authorizing the division of environmental protection to
promulgate legislative rules relating to abandoned wells, as
modified; authorizing the division of environmental
protection to promulgate legislative rules relating to
underground storage tank assessment fees, as modified;
authorizing the division of environmental protection to
promulgate legislative rules relating to West Virginia
surface mining and reclamation, as modified and amended;authorizing the division of environmental protection to
promulgate legislative rules relating to underground storage
tanks; authorizing the division of environmental protection
to promulgate legislative rules relating to hazardous waste
management, as modified; authorizing the division of
environmental protection to promulgate legislative rules
relating to the groundwater protection act fee schedule, as
modified and amended; authorizing the director of the office
of miners' health, safety and training to promulgate
legislative rules relating to the standards for
certification of blasters for surface coal mines and surface
areas of underground coal mines, as modified; authorizing
the department of health and human resources to promulgate
legislative rules relating to infectious medical waste, as
modified and amended; authorizing the department of health
and human resources to promulgate legislative rules relating
to residential board and care homes, as modified;
authorizing the division of health to promulgate legislative
rules relating to trauma center or facility designation, as
modified; authorizing the division of health to promulgate
legislative rules relating to primary care center seed money
grants, as modified; authorizing the division of health to
promulgate legislative rules relating to primary care center
uncompensated care grants, as modified; authorizing the
health care cost review authority to promulgate legislative
rules relating to the exemption for birthing centers, as
modified; authorizing the health care cost review authority
to promulgate legislative rules relating to the exemptionfor primary care hospitals, as modified; authorizing the
health care cost review authority to promulgate legislative
rules relating to the exemption for new primary care
services, as modified; authorizing the health care cost
review authority to promulgate legislative rules relating to
the temporary approval of discount contracts for border
hospitals, as modified; authorizing the workers'
compensation fund to promulgate legislative rules relating
to self-insured employers, as modified; authorizing the
division of workers' compensation to promulgate legislative
rules relating to protocols and procedures for performing
medical evaluations in noise-induced hearing loss claims, as
modified; authorizing and directing the division of workers'
compensation to promulgate legislative rules relating to the
enforcement of reporting and payment requirements, as
amended; authorizing the state fire commission to promulgate
legislative rules relating to electrician licensing, as
modified; authorizing jail and correctional facility
standards commission to promulgate legislative rules
relating to West Virginia minimum standards fro
construction, operation and maintenance of jails, as
modified; authorizing the state emergency response
commission to promulgate legislative rules relating to the
commission, as modified; authorizing the insurance
commissioner to promulgate legislative rules relating to the
regulation of credit life insurance and credit accident and
sickness insurance; authorizing the insurance commissioner
to promulgate legislative rules relating to filing fees forpurchasing groups and for risk retention groups not
chartered in this state, as modified; authorizing the
insurance commissioner to promulgate legislative rules
relating to the group coordination of benefits, as amended;
authorizing the insurance commissioner to promulgate
legislative rules relating to permanent regulations on
medicare supplement insurance, as modified; authorizing the
insurance commissioner to promulgate legislative rules
relating to individual and employer group minimum benefits
for accident and sickness insurance policies, as modified
and amended; authorizing the insurance commissioner to
promulgate legislative rules relating to long-term care
insurance, as modified; authorizing the insurance
commissioner to promulgate legislative rules relating to
standards for uniform health care administration, as
modified; authorizing the state board of investments to
promulgate legislative rules relating to the reporting of
state debt to the board, as modified; authorizing the racing
commission to promulgate legislative rules relating to
pari-mutuel wagering; authorizing the racing commission to
promulgate legislative rules relating to thoroughbred
racing, as modified; authorizing the racing commission to
promulgate legislative rules relating to greyhound racing,
as modified; authorizing the division of tax to promulgate
legislative rules relating to bingo; authorizing the
division of motor vehicles to promulgate legislative rules
relating to motor vehicle dealers, wreckers/ dismantlers/
rebuilders and license services, as modified; authorizingthe commissioner of agriculture to promulgate legislative
rules relating to commercial feed, as modified; authorizing
the commissioner of agriculture to promulgate legislative
rules relating to general groundwater protection rules for
fertilizers and manures, as modified; authorizing the
commissioner of agriculture to promulgate legislative rules
relating to primary and secondary containment of
fertilizers, as modified and amended; authorizing the
commissioner of agriculture to promulgate legislative rules
relating to general groundwater protection rules for
pesticides, as modified; authorizing the commissioner of
agriculture to promulgate legislative rules relating to bulk
pesticide operational rules, as modified; authorizing the
commissioner of agriculture to promulgate legislative rules
relating to non-bulk pesticide rules for permanent
operational areas, as modified; authorizing the board of
registration for professional engineers to promulgate
legislative rules relating to the board, as modified and
amended; authorizing the board of medicine to promulgate
legislative rules relating to licensing, disciplinary and
complaint procedures: physicians and podiatrists, as
modified; authorizing the board of medicine to promulgate
legislative rules relating to certification, disciplinary
and complaint procedures and continuing education for
physician assistants, as modified; authorizing the board of
examiners for registered professional nurses to promulgate
legislative rules relating to limited prescriptive authority
for nurses in advanced practice, as modified; authorizingthe board of pharmacy to promulgate legislative rules
relating to the board, as modified and amended; authorizing
the board of examiners of psychologists to promulgate
legislative rules relating to penalties and fees, as
modified; authorizing the board of examiners of
psychologists to promulgate legislative rules relating to
the qualifications for licensure as a psychologist, as
modified; authorizing the real estate commission to
promulgate legislative rules relating to the requirements
in licensing real estate brokers and salesmen and in the
conduct of a brokerage business, as modified; authorizing
the secretary of state to promulgate legislative rules
relating to the filing fee for credit service organizations,
as modified; authorizing the secretary of state to
promulgate legislative rules relating to combined voter
registration and driver licensing programs, as modified;
authorizing the West Virginia cable television advisory
board to promulgate legislative rules relating to
implementing regulations, as modified; authorizing the real
estate appraiser licensing and certification board to
promulgate legislative rules relating to requirements of
licensure and certification, as modified; authorizing the
board of occupational therapy to promulgate legislative
rules relating to the administration of the board, as
modified; and authorizing the board of social work examiners
to promulgate legislative rules relating to qualifications
for licensure as a social worker, as modified.
Be it enacted by the Legislature of West Virginia:
That sections three and eight, article two, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; that
said article be further amended by adding thereto two new
sections, designated sections nine and ten; that sections one,
two, eight, ten, eleven, twelve, thirteen, fourteen and fifteen,
article three of said chapter be amended and reenacted; that said
article be further amended by adding thereto three new sections,
designated sections sixteen, seventeen and eighteen; that
sections one, two, three and six, article five of said chapter be
amended and reenacted; that sections two and three, article six
of said chapter be amended and reenacted; that said article be
further amended by adding thereto a new section, designated
section six; that sections two, three, five and six, article
seven of said chapter be amended and reenacted; that section two,
article eight of said chapter be amended and reenacted; that
sections one, twelve, sixteen, eighteen, twenty, twenty-one,
twenty-three, twenty-four, twenty-eight and thirty-one, article
nine of said chapter be amended and reenacted; and that said
article be further amended by adding thereto two new sections,
designated sections thirty-four and thirty-five, all to read as
follows:
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-3. Division of personnel.
(a) The legislative rules filed in the state register on the
nineteenth day of November, one thousand nine hundred eighty-six,
modified by the civil service commission to meet the objection ofthe legislative rule-making review committee and refiled in the
state register on the fifteenth day of December, one thousand
nine hundred eighty-six, relating to the civil service commission
(civil service system), are authorized.
(b) The legislative rules filed in the state register on the
first day of November, one thousand nine hundred eighty-eight,
modified by the civil service commission to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-third day of February, one
thousand nine hundred eighty-nine, relating to the civil service
commission (civil service system), are authorized with the
amendments set forth below:
On page fifteen, section 5.05(d), after the words
"established in" by striking out the remainder of the sentence
and inserting in lieu thereof the words "Chapter 29-6A of the
Code of West Virginia, as amended."
On page fifteen, section 5.06, after the words "established
in" by striking out the remainder of the sentence and inserting
in lieu thereof the words "Chapter 29-6A of the Code of West
Virginia, as amended."
On pages sixteen and seventeen by deleting all of section
5.07.
And,
On page 46, section 13(f) line 2 by striking the words
"previously held".
(c) The legislative rules filed in the state register on the
fourteenth day of May, one thousand nine hundred ninety, modified
by the division of personnel to meet the objections of thelegislative rule-making review committee and refiled in the state
register on the twenty-fifth day of September, one thousand nine
hundred ninety, relating to the division of personnel (civil
service system), are authorized.
(d) The legislative rules filed in the state register on the
seventeenth day of September, one thousand nine hundred
ninety-two, modified by the division of personnel to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of February,
one thousand nine hundred ninety-three, relating to the division
of personnel (administrative rules and regulations of the West
Virginia division of personnel), are authorized.
§64-2-8. Ethics commission.
(a) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-
one, modified by the ethics commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the thirty-first day of October, one thousand
nine hundred ninety-one, relating to the ethics commission
(contributions), are authorized, with the amendment set forth
below:
On page one, subsection 3.4, by striking out the words "use
their official title or position in the endorsement or support
of" and inserting in lieu thereof "endorse".
(b) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-
one, modified by the ethics commission to meet the objections of
the legislative rule-making review committee and refiled in thestate register on the thirty-first day of October, one thousand
nine hundred ninety-one, relating to the ethics commission
(gifts), are authorized, with the amendments set forth below:
On page two, subsection 3.1, by striking out the word
"significant";
On page two, section four, subsection 4.1, by striking out
"$20" and inserting in lieu thereof "$25";
On page three, subsection 4.2, after the words "hotel room"
by inserting a period and striking out the remainder of the
sentence;
On page three, subsection 5.1, by striking out the word
"unlawful" and inserting in lieu thereof "improper";
On page three, subsection 5.1, after the words "health club
fees" by striking out the period and adding ", unless such
expenses are offered to all of the panelists or speakers.";
On page four, subsection 6.2, by striking out the word
"unlawful" and inserting in lieu thereof "improper".
And,
On page four, section 7, at the end of the section by
striking out the period and adding the following: ":
Provided,
That public officials and public employees may accept
complimentary tickets to sporting events, if the tickets are
incidental to the conduct of their official or ceremonial
duties."
(c) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-
one, modified by the ethics commission to meet the objections of
the legislative rule-making review committee and refiled in thestate register on the thirty-first day of October, one thousand
nine hundred ninety-one, relating to the ethics commission
(interest in public contracts), are authorized, with the
amendment set forth below:
On page two, subsection 6.2, by striking out the words
"complete in every particular and including the exact" and
inserting in lieu thereof "including the".
(d) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-
one, modified by the ethics commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the thirty-first day of October, one thousand
nine hundred ninety-one, relating to the ethics commission
(lobbying), are authorized, with the amendment set forth below:
On page three, subsection 4.3, after the words "copies of
forms" by inserting a period and striking out the remainder of
the sentence.
(e) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-
one, modified by the ethics commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the seventeenth day of December, one thousand
nine hundred ninety-one, relating to the ethics commission
(private gain), are authorized, with the amendments set forth
below:
On page one, subsection 2.2, after the words "A public
official" by inserting "acting in his or her capacity as a public
official";
On page one, subsection 2.2, after the words "the public
official." by adding a new sentence to read as follows: "The
provisions of this subsection shall not apply to a public
official acting in his or her private capacity.";
On pages one and two, by striking out all of section three;
On pages two through four, by renumbering the remaining
sections;
On page two, subsection 4.1, by striking out the words
"persons in high office" and inserting in lieu thereof "a public
official or public employee";
On page two, subsection 4.1, by striking out the words
"close friends" and inserting in lieu thereof "cohabitating
sexual partners";
On page two, subsection 4.2, after the word "sister" by
striking out the remainder of the sentence and inserting in lieu
thereof "or spouse.";
On page two, subsection 4.3, by striking out the words
"close friend" and inserting in lieu thereof "cohabitating sexual
partner";
On page three, subdivision 4.3.b, by striking out the words
"close friend" and inserting in lieu thereof "cohabitating sexual
partner";
On page three, by striking out all of paragraph 4.3.b.2 and
inserting in lieu thereof a new paragraph 4.3.b.2 to read as
follows:
"A public official or public employee should at least have
some independent person take part in the selection. He or she
should avoid using a subordinate for the independent person.";
On page three, by striking out all of subsection 4.4 and
inserting in lieu thereof a new subsection to read as follows:
"4.4 All hiring by public officials and public employees of
relatives prior to the twenty-ninth day of February, one thousand
nine hundred ninety-two is not subject to review under the ethics
act, in Chapter 6B of the W. Va. Code.";
On page three, subsection 4.5, by striking out the words
"close friend" and inserting in lieu thereof "cohabitating sexual
partner";
On page three, after subsection 4.5, by adding thereto a new
subsection, designated subsection 4.6, to read as follows:
"4.6 It is improper for a public official or public employee
to terminate the employment of a person without sufficient cause
for the purpose of hiring a relative, friend or political
supporter.";
On page three, subsection 5.2, after the words "supervisor
during work hours.", by adding the following sentence: "This
subsection does not apply to de minimus work or services.";
On page four, by striking out all of subsection 6.2 and
inserting in lieu thereof a new subsection 6.2, to read as
follows:
"6.2 Improper Use - Public officials and public employees
shall not use government property for personal projects or
activities that result in private gain. This subsection does not
apply to the de minimus use of government property.";
And,
On page four, by striking out all of section 9 and inserting
in lieu thereof a new section 9 to read as follows:
"Full-time appointed public officials and part-time and
full-time public employees may not receive private compensation
for performing private work during public work hours. This
section shall not apply to de minimus private work."
(f) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-
one, modified by the ethics commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the seventeenth day of December, one thousand
nine hundred ninety-one, relating to the ethics commission
(voting), are authorized, with the amendments set forth below:
On page one, subsection 2.2, by striking out the second and
third paragraphs of subsection 2.2;
And,
On page one, after subsection 2.3, by adding a new
subsection, designated subsection 2.4 to read as follows:
"2.4 In any case where a Senator or Delegate is voting as
part of their official duties of office, the members of the
Senate and the members of the House of Delegates are governed by
the rules of their respective houses. The provisions of
subsection 2.3 of this rule shall not apply to members of the
Legislature when acting as a member thereof."
(g) The legislative rules filed in the state register on the
thirty-first day of January, one thousand nine hundred ninety-
one, modified by the ethics commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the seventeenth day of December, one thousand
nine hundred ninety-one, relating to the ethics commission(employment), are authorized, with the amendments set forth
below:
On page two, subsection 3.3, by striking out the words "if
there is a reasonable probability that the person will be
regulated. There must be" and inserting in lieu thereof "upon";
On page two, subdivision 4.2.c, after the word "prohibition"
by inserting the words "for all practical purposes";
On page three, by striking out all of subsections 4.5, 4.6
and 4.7;
And,
On page three, by renumbering the remaining subsections.
(h) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred ninety-two,
modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twentieth day of January, one thousand nine
hundred ninety-three, relating to the ethics commission
(complaints, investigations and hearings), are authorized.
(i) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred ninety-two,
modified by the ethics commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twentieth day of January, one thousand nine
hundred ninety-three, relating to the ethics commission (ethics
commission), are authorized.
(j) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred ninety-two,
modified by the ethics commission to meet the objections of thelegislative rule-making review committee and refiled in the state
register on the twentieth day of January, one thousand nine
hundred ninety-three, relating to the ethics commission (advisory
opinions), are authorized.
§64-2-9. Consolidated public retirement board.
(a) The legislative rules filed in the state register on the
fifth day of November, one thousand nine hundred ninety-one,
modified by the consolidated public retirement board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of September,
one thousand nine hundred ninety-two, relating to the
consolidated public retirement board (general provisions), are
authorized.
(b) The legislative rules filed in the state register on the
fifth day of November, one thousand nine hundred ninety-one,
modified by the consolidated public retirement board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of December,
one thousand nine hundred ninety-two, relating to the
consolidated public retirement board (public employees retirement
system), are authorized with the amendment set forth below:
"On page one, subsection §162-5-2 after the word 'hereby' by
striking out the word 'appealed' and inserting in lieu thereof
the word 'repealed'".
(c) The legislative rules filed in the state register on the
fifth day of November, one thousand nine hundred ninety-one,
modified by the consolidated public retirement board to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the sixteenth day of December,
one thousand nine hundred ninety-two, relating to the
consolidated public retirement board (teachers' defined benefit
retirement system), are authorized with the amendment set forth
below:
"On page one, subsection §162-4-2 after the word 'hereby' by
striking out the word 'appealed' and inserting in lieu thereof
the word 'repealed'".
(d) The legislative rules filed in the state register on the
fourth day of November, one thousand nine hundred ninety-one,
modified by the consolidated public retirement board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of September,
one thousand nine hundred ninety-two, relating to the
consolidated public retirement board (teachers' defined
contribution system), are authorized.
(e) The legislative rules filed in the state register on the
fifth day of November, one thousand nine hundred ninety-one,
modified by the consolidated public retirement board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of
January, one thousand nine hundred ninety-three, relating to the
consolidated public retirement board (benefit determination and
appeal), are authorized.
§64-2-10. Committee for the purchase of commodities and services
from the handicapped.
(a) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundredninety-two, modified by the committee for the purchase of
commodities and services from the handicapped to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventeenth day of February,
one thousand nine hundred ninety-three, relating to the committee
for the purchase of commodities and services from the handicapped
(procurement list: committee for the purchase of commodities and
services from the handicapped), are authorized with amendments
set forth below:
"On page one, subsection 2.4., by striking out the words
'contractual service';
On page two, subsection 2.9., by striking out the entirety
of said subsection and inserting in lieu thereof the following:
"'Nonprofit workshops', 'workshops' and 'rehabilitation facility'
means an establishment (a) where any manufacture or handiwork is
carried on, (b) which is operated either by a public agency or by
a cooperative or by a nonprofit private corporation or nonprofit
association, in which no part of the net earnings thereof inures,
or may lawfully inure, to the benefit of any private shareholder
or individual, (c) which is operated for the primary purpose of
providing remunerative employment to blind or severely disabled
persons who cannot be absorbed into the competitive labor market,
and (d) which shall be approved, as evidenced by a certificate of
approval, by the state board of vocational education, division of
vocational rehabilitation.";
On page three, subsection 2.13., by striking out the
entirety of said subsection.;
On page five, subsection 4.2., by striking out the word"facility" and inserting in lieu thereof the word "workshop";
And,
On page six, subsection 4.7., by striking out the words
'certified or approved'".
(b) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the committee for the purchase of
commodities and services from the handicapped to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventeenth day of February,
one thousand nine hundred ninety-three, relating to the committee
for the purchase of commodities and services from the handicapped
(qualifications for participation: committee for the purchase of
commodities and services from the handicapped), are authorized
with amendments set forth below:
"On page one, subsection 2.1., by striking out the entirety
of said subsection;
On page one, subsection 2.3., by striking out the entirety
of said subsection;
On page two, subsection 2.7., by striking out the entirety
of said subsection;
On page two, subsection 2.8., by striking out the entirety
of said subsection;
On page three, subsection 2.10., by striking out the
entirety of said subsection and inserting in lieu thereof the
following 'Nonprofit workshop', 'workshop' and 'rehabilitative
facility' means an establishment (a) where any manufacture or
handiwork is carried on, (b) which is operated either by a publicagency or by a cooperative or by a nonprofit private corporation
or nonprofit association, in which no part of the net earnings
thereof inures, or may lawfully inure, to the benefit of any
private shareholder or individual, (c) which is operated for the
primary purpose of providing remunerative employment to blind or
severely disabled persons who cannot be absorbed into the
competitive labor market, and (d) which shall be approved, as
evidenced by a certificate of approval, by the state board of
vocational education, division of vocational rehabilitation.";
And,
On page four, subdivision 3.1.1.e.D., by striking out the
entirety of said subsection and inserting in lieu thereof the
following: "To comply with state and federal laws regarding
safety standards and wage payment."
(c) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the committee for the purchase of
commodities and services from the handicapped to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of February,
one thousand nine hundred ninety-three, relating to the committee
for the purchase of commodities and services from the handicapped
(fair market price determinations), are authorized with
amendments set forth below:
"On page one, subsection 2.1., by striking out the entirety
of said subsection.;
On page one, subsection 2.2., by striking out the entirety
of said subsection.;
On page two, subsection 2.10., by striking out the entirety
of said subsection.;
On page two, subsection 2.11., by striking out the entirety
of said subsection.;
On page three, subsection 2.14., by striking out the
entirety of said subsection and inserting in lieu thereof the
following:
"'Nonprofit workshop', 'workshop' and 'rehabilitative
facility' mean an establishment (a) where any manufacture or
handiwork is carried on, (b) which is operated either by a public
agency or by a cooperative or by a nonprofit private corporation
or nonprofit association, in which no part of the net earnings
thereof inures, or may lawfully inure, to the benefit of any
private shareholder or individual, (c) which is operated for the
primary purpose of providing remunerative employment to blind or
severely disabled persons who cannot be absorbed into the
competitive labor market, and (d) which shall be approved, as
evidenced by a certificate of approval, by the state board of
vocational education, division of vocational rehabilitation.";
On page four, subdivision 3.3.1., by striking out the last
sentence.;
And,
On page five, subdivision 3.4.1., by striking out the last
two sentences."
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF COMMERCE, LABOR AND
ENVIRONMENTAL RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-3-1. Air pollution control commission.
(a) The legislative rules filed in the state register on thethirteenth day of August, one thousand nine hundred eighty-two,
relating to the air pollution control commission (series VII),
are authorized.
(b) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-two,
relating to the air pollution control commission (series XIX),
are authorized.
(c) The legislative rules filed in the state register on the
sixteenth day of November, one thousand nine hundred eighty-
three, relating to the air pollution control commission (emission
standards for hazardous air pollutants) (series XV), are
authorized.
(d) The legislative rules filed in the state register on the
sixteenth day of November, one thousand nine hundred eighty-
three, relating to the air pollution control commission
(standards of performance for new stationary sources) (series
XVI), are authorized.
(e) The legislative rules filed in the state register on the
sixth day of January, one thousand nine hundred eighty-four,
relating to the air pollution control commission (to prevent and
control air pollution from hazardous waste treatment, storage or
disposal facilities)(series XXV), are authorized with the
amendments set forth below:
Page 3, §1.06, change the § title from "Enforcement" to
"Procedure"; place an "(a)" in front of the existing paragraph
and add the following:
"(b) Permit applications filed pursuant to this regulation
shall be processed in accordance with the permitting proceduresas set forth in code §20-5E of this regulation. Permit
procedures set forth in code §16-20 and any other regulation of
this commission are not applicable to any permit application
filed pursuant to this regulation."
Such rules shall also include a section which shall read as
follows:
"The commission shall report to the legislative rule-making
review committee as required by that committee, but in no event
later than the first day of the regular session of the
Legislature in the year one thousand nine hundred eighty-five.
Such report shall include information regarding the commission's
data gathering efforts, the development of compliance programs,
the progress in implementation, and such other matters as the
committee may require, pertaining to the regulations hereby
authorized."
(f) The legislative rules filed in the state register on the
ninth day of January, one thousand nine hundred eighty-four,
relating to the air pollution control commission (permits for
construction and modification of stationary sources of air
pollution for the prevention of significant deterioration)
(series XIV), are authorized.
(g) The legislative rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-
eight, modified by the air pollution control commission to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day of
February, one thousand nine hundred eighty-nine, relating to the
air pollution control commission (prevention and control of airpollution from hazardous waste treatment, storage or disposal
facilities), are authorized.
(h) The legislative rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-
eight, modified by the air pollution control commission to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day of
February, one thousand nine hundred eighty-nine, relating to the
air pollution control commission (good engineering practice as
applicable to stack heights), are authorized.
(i) The legislative rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-
eight, modified by the air pollution control commission to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day of
February, one thousand nine hundred eighty-nine, relating to the
air pollution control commission (TP-2, compliance test
procedures for regulation 2 -- to prevent and control particulate
air pollution from combustion of fuel in indirect heat
exchangers), are authorized.
(j) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety, relating to the air pollution
control commission (ambient air quality standards for sulfur
oxides and particulate matter), are authorized.
(k) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety, relating to the air pollution
control commission (prevention of air pollution emergency
episodes), are authorized.
(l) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety, relating to the air pollution
control commission (permits for construction and major
modification of major stationary sources of air pollution for the
prevention of significant deterioration), are authorized.
(m) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
relating to the air pollution control commission (standards of
performance for new stationary sources), are authorized.
(n) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
relating to the air pollution control commission (emission
standards for hazardous air pollutants), are authorized.
(o) The legislative rules filed in the state register on the
sixteenth day of October, one thousand nine hundred eighty-nine,
modified by the air pollution control commission to meet theobjections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety, relating to the air pollution
control commission (prevention and control of emissions of toxic
air pollutants), are authorized.
(p) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, relating
to the air pollution control commission (prevention and control
of air pollution from the emission of volatile organic compounds
from bulk gasoline terminals), are authorized.
(q) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred ninety,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of November,
one thousand nine hundred ninety, relating to the air pollution
control commission (air quality management fee program), are
authorized.
(r) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, relating
to the air pollution control commission (prevention and control
of air pollution from the emission of volatile organic compounds
from the storage of petroleum liquids in fixed roof tanks), are
authorized.
(s) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, relating
to the air pollution control commission (prevention and control
of air pollution from the emission of volatile organic compoundsfrom petroleum refinery sources), are authorized.
(t) The legislative rules filed in the state register on the
eighteenth day of December, one thousand nine hundred ninety-one,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of December,
one thousand nine hundred ninety-two, relating to the air
pollution control commission (regulations to prevent and control
of air pollution from the emission of volatile organic
compounds), are authorized with the amendments set forth below:
"On page fifty-six, subsection §45-21-20.5a after the word
"Ci" by striking out all of line "a" and inserting in lieu
thereof the words "a = Surface area coated per day in terms of m
2/100 or surface area coated per day in terms of ft. 2/1000."
And,
"On page one hundred eighty-three, subsection §45-21-40.2
after the words "control technology (RACT) in section" by
striking the numbers "2.57." and inserting in lieu thereof the
numbers "2.60."
(u) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, relating to the air pollution control commission
(confidential information), are authorized.
(v) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, relating to the air pollution control commission
(serious and minor violations of applicable rules), are
authorized.
(w) The legislative rules filed in the state register on the
thirty-first day of August, one thousand nine hundred ninety-two,
relating to the air pollution control commission (permits for
construction and major modification of major stationary sources
of air pollution for the prevention of significant
deterioration), are authorized with the amendments set forth
below:
"On page fourteen, subsection §45.13.6.5 after the word
"[W]ithin" by striking the word "twelve(12)" and inserting in
lieu thereof the word "six(6)".
(x) The legislative rules filed in the state register on the
twenty-eighth day of August, one thousand nine hundred
ninety-two, modified by the air pollution control commission to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the nineteenth day
of February, one thousand nine hundred ninety-three, relating to
the air pollution control commission (regulations to prevent and
control of air pollution from the operation of coal preparation
plants and coal handling operations), are authorized.
(y) The legislative rules filed in the state register on the
thirty-first day of August, one thousand nine hundred ninety-two,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of February,
one thousand nine hundred ninety-three, relating to the air
pollution control commission (requirements for pre-construction
review, determination of emission offsets for proposed new or
modified stationary sources of air pollutants and emissiontrading for intrasource pollutants), are authorized with
amendments set forth below:
"On page twenty-one, subsection §45.19.12.5 after the word
"[W]ithin" by striking the word "twelve (12)" and inserting in
lieu thereof the word "six(6)".
(z) The legislative rules filed in the state register on the
twenty-eighth day of August, one thousand nine hundred
ninety-two, modified by the air pollution control commission to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the nineteenth day
of February, one thousand nine hundred ninety-three, relating to
the air pollution control commission (requiring the submission of
emission statements for volatile organic compound emissions and
oxides of nitrogen emissions), are authorized with the amendments
set forth below:
"on page four, section 2.27. by after the words 'VOC or'
striking out the words '100 tons per year or more of'".
§64-3-2. Division of banking.
(a) The legislative rules filed in the state register on the
eleventh day of June, one thousand nine hundred eighty-two,
relating to commissioner of banking (communication terminals and
interchange systems), are authorized.
(b) The legislative rules filed in the state register on the
fifteenth day of December, one thousand nine hundred eighty-
three, relating to the commissioner of banking (consumer credit
sales), are authorized.
(c) The legislative rules filed in the state register on the
nineteenth day of August, one thousand nine hundred eighty-three,relating to the commissioner of banking (legal lending limit),
are authorized.
(d) The legislative rules filed in the state register on the
seventh day of November, one thousand nine hundred eighty-six,
modified by the commissioner of banking to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eleventh day of December, one thousand nine
hundred eighty-six, relating to the commissioner of banking
(implementing the West Virginia community reinvestment act), are
authorized.
(e) The legislative rules filed in the state register on the
twenty-fifth day of October, one thousand nine hundred eighty-
eight, modified by the commissioner of banking to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred eighty-eight, relating to the commissioner
of banking (subsidiary bank holding the stock of its parent
company as collateral), are authorized.
(f) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety-one, relating to the division of banking (West
Virginia consumer credit and protection act), are authorized.
(g) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one,
modified by the division of banking to meet the objections of thelegislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety-one, relating to the division of banking (lease
financing transactions), are authorized.
(h) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety-one, relating to the division of banking
(operation of state-chartered financial institutions in West
Virginia), are authorized.
(i) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety-one, relating to the division of banking (West
Virginia industrial bank and industrial loan company act), are
authorized.
(j) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety-one, relating to the division of banking (West
Virginia consumer credit and protection act and the money and
interest article of chapter forty-seven), are authorized.
(k) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety-one, relating to the division of banking
(permissible additional charges in connection with a consumer
credit sale), are authorized.
(l) The legislative rules filed in the state register on the
twenty-sixth day of June, one thousand nine hundred ninety-two,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventeenth day of August, one thousand nine
hundred ninety-two, relating to the division of banking (general
rules implementing the West Virginia community reinvestment act),
are authorized.
§64-3-8. Division of natural resources.
(a) The legislative rules filed in the state register on the
eighth day of December, one thousand nine hundred eighty-three,
relating to the department of natural resources (surface mining),
are authorized with the amendments set forth below:
Page 3-4, §3E.01 by adding after the word "engineer" the
words "or licensed land surveyor."
Page 3-5, §3E.02, subsection (a), by adding after the word
"mining" the words "or civil."
And,
Page 3-5, §3E.02, subsection (b), by adding after the first
sentence -- "Those persons who have been approved to date neednot make said demonstration."
(b) The legislative rules filed in the state register on the
twentieth day of January, one thousand nine hundred eighty-four,
relating to the department of natural resources (solid waste
management), are authorized with the amendments set forth below:
Page 9, section 4.04, line five, add the following
paragraph:
"Upon request of any applicant, the division shall meet with
the applicant for prefiling review of the application. The
division, with the cooperation of the solid waste authority,
shall assist the applicant in preparing a complete and proper
application which would not be rejected as incomplete."
On page 15, section 6.03(c)(1) in the first full sentence,
after the word "cease", strike the remainder of the sentence and
insert in lieu thereof the words "within fifteen (15) days of
receipt of an order of suspension" and in the second sentence
strike the word "recommence" and insert the words "continue
beyond fifteen (15) days"; (c)(2) in the first full sentence,
after the word "cease" by striking out the remainder of the
sentence and insert in lieu thereof the words "immediately upon
receipt of an order of revocation."
(c) The legislative rules filed in the state register on the
twenty-sixth day of September, one thousand nine hundred eighty-
four, relating to the department of natural resources (public use
of state parks, forests, hunting and fishing areas), are
authorized.
(d) The legislative rules filed in the state register on the
seventh day of November, one thousand nine hundred eighty-four,relating to the department of natural resources (surface mining
reclamation), are authorized.
(e) The legislative rules filed in the state register on the
seventh day of November, one thousand nine hundred eighty-four,
relating to the department of natural resources (coal refuse
disposal), are authorized.
(f) The legislative rules filed in the state register on the
ninth day of November, one thousand nine hundred eighty-four,
relating to the department of natural resources (transfer of the
state national pollutant discharge elimination system program),
are authorized with the amendment set forth below:
Page 10-5, by striking §10B.19 and inserting in lieu thereof
a new §10B.19, to read as follows: "'Effluent limitations
guidelines' means a regulation published by the Administrator
under Section 304(b) or Section 301(b)(1)(B) of the CWA to adopt
or revise effluent limitations or levels of effluent quality
attainable through the application of secondary or equivalent
treatment. For the coal industry these regulations are published
at 40 C.F.R. Parts 434 and 133. (See: Appendix G and H)."
(g) The legislative rules filed in the state register on the
twenty-eighth day of August, one thousand nine hundred eighty-
four, relating to the department of natural resources (small arms
hunting), are authorized.
(h) The legislative rules filed in the state register on the
sixth day of January, one thousand nine hundred eighty-four,
relating to the department of natural resources (hazardous waste
management), are authorized.
(i) The legislative rules filed in the state register on thethird day of December, one thousand nine hundred eighty-four,
modified by the department of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the thirteenth day of February,
one thousand nine hundred eighty-five, relating to the department
of natural resources (hazardous waste management), are
authorized.
(j) The legislative rules filed in the state register on the
tenth day of October, one thousand nine hundred eighty-five,
relating to the department of natural resources (hazardous waste
management: Small quantity generators and waste minimization
certification), are authorized with the amendment set forth
below:
On page 1, §3.1.4b, delete the word "or" in the reference to
"paragraph (g) or (j)" and insert in lieu thereof the words "and,
if applicable."
(k) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred eighty-five,
relating to the department of natural resources (WV/NPDES
regulations for the coal mining point source category and related
sewage facilities), are authorized.
(l) The legislative rules filed in the state register on the
eleventh day of December, one thousand nine hundred eighty-five,
modified by the department of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of February,
one thousand nine hundred eighty-six, relating to the department
of natural resources (hazardous waste management), areauthorized.
(m) The legislative rules filed in the state register on the
twenty-sixth day of September, one thousand nine hundred eighty-
six, modified by the department of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the ninth day of December, one
thousand nine hundred eighty-six, relating to the department of
natural resources (hazardous waste management regulations), are
authorized.
(n) The legislative rules filed in the state register on the
seventh day of August, one thousand nine hundred eighty-six,
relating to the director of the department of natural resources
(procedures for transporting and dealing in furbearing animals),
are authorized.
(o) The legislative rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-six,
relating to the department of natural resources (WV/NPDES program
for coal mines and preparation plants, and the refuse and waste
therefrom), are authorized with the amendments set forth below:
On page four, §1.9.1.a by inserting the words "five thousand
dollars or" after the words "'significant portion of income'
means."
And,
On page four, §1.9.1.a by inserting the words "whichever is
less," after the words "ten percent or more of gross personal
income for a calendar year."
(p) The legislative rules filed in the state register on the
fifth day of March, one thousand nine hundred eighty-six,relating to the department of natural resources (hazardous waste
management), are authorized.
(q) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred eighty-seven,
relating to the department of natural resources (WV/NPDES
regulations for coal mining facilities), are authorized.
(r) The legislative rules filed in the state register on the
tenth day of June, one thousand nine hundred eighty-seven,
relating to the director of the department of natural resources
(outfitters and guides), are authorized.
(s) The legislative rules filed in the state register on the
ninth day of January, one thousand nine hundred eighty-seven,
relating to the department of natural resources (hazardous waste
management regulations), are authorized.
(t) The legislative rules filed in the state register on the
fifth day of March, one thousand nine hundred eighty-seven,
relating to the department of natural resources (hazardous waste
management regulations, series 35), are authorized.
(u) The legislative rules filed in the state register on the
seventh day of December, one thousand nine hundred eighty-seven,
relating to the department of natural resources (hazardous waste
management regulations, series 35), are authorized.
(v) The legislative rules filed in the state register on the
sixteenth day of December, one thousand nine hundred eighty-
seven, modified by the department of natural resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the fourteenth day of
January, one thousand nine hundred eighty-eight, relating to thedepartment of natural resources (solid waste management), are
authorized.
(w) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred eighty-
seven, modified by the director of the department of natural
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the seventh
day of August, one thousand nine hundred eighty-seven, relating
to the director of the department of natural resources (boating
regulations), are authorized with the amendment set forth below:
On page 16, section 6.2, line 3 by inserting following the
period "This regulation does not apply to licensed outfitters
and guides." These rules were proposed by the director of the
department of natural resources pursuant to section seven,
article one and section twenty-two, article seven, chapter twenty
of this code.
(x) The legislative rules filed in the state register on the
second day of September, one thousand nine hundred eighty-eight,
modified by the department of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventeenth day of October,
one thousand nine hundred eighty-eight, relating to the
department of natural resources (hazardous waste management), are
authorized.
(y) The legislative rules filed in the state register on the
thirty-first day of August, one thousand nine hundred eighty-
eight, relating to the director of the department of natural
resources (boating), are authorized.
(z) The legislative rules filed in the state register on the
eighth day of March, one thousand nine hundred eighty-eight,
modified by the director of the department of natural resources
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the thirtieth day
of August, one thousand nine hundred eighty-eight, relating to
the director of the department of natural resources (commercial
sale of wildlife), are authorized.
(aa) The legislative rules filed in the state register on
the twenty-seventh day of January, one thousand nine hundred
eighty-eight, relating to the director of the department of
natural resources (catching and selling bait fish), are
authorized.
(bb) The legislative rules filed in the state register on
the twenty-fifth day of March, one thousand nine hundred eighty-
eight, relating to the director of the department of natural
resources (West Virginia public hunting and fishing areas), are
authorized with the following amendment:
On page three, section 3.8.4, by inserting after the word
"vehicle" the following: ", all terrain vehicle (ATV)."
(cc) The legislative rules filed in the state register on
the seventeenth day of March, one thousand nine hundred
eighty-nine, modified by the division of natural resources to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the sixteenth day
of January, one thousand nine hundred ninety, relating to the
division of natural resources (solid waste management), are
authorized with the amendments set forth below:
On page 13, Section 3.2.6, by deleting the current language
and inserting in lieu thereof the following:
"3.2.6. Within two hundred (200) feet of faults that have
had displacement in Holocene time (i.e., during the last eleven
thousand years);"
On page 64, Section 3.14.25, by deleting the current
language and inserting in lieu thereof the following language:
"3.14.25.
Environmental Compliance History. The chief or
the director may refuse to grant any permit if he has reasonable
cause to believe, as indicated by documented evidence, that the
applicant, or any officer, director or manager, thereof, or
shareholder owning twenty percent (20%) or more of its capital
stock, beneficial or otherwise, or other person conducting or
managing the affairs of the applicant or of the proposed
permitted premises, in whole or part, has exhibited a pattern of
violation of the environmental statutes or regulations of this
State, any other state, or the federal government."
On page 104, section 4.5.4.a, by inserting after the words
"at that landfill" the following:
"Nothing within these regulations shall be construed to
allow the installations of any liner or system on areas not lined
as of November 30, 1989, that is not in conformance with section
4.5.4.a.E or 4.5.4.a.G of these regulations. Landfills that do
have an article 5f permit and a liner installed as of November
30, 1989, may install a liner as approved by the chief."
And,
On pages 147 through 151, sections 4.11.5 and 4.11.6, by
deleting the current language and inserting in lieu thereof thefollowing:
"4.11.5.
Corrective Action Program.
Whenever a statistically significant increase is found in a
Phase II or Phase III monitoring parameter, or when groundwater
contamination is otherwise identified by the Chief at sites
without monitoring programs, which is determined by the Chief to
have resulted in a significant adverse effect on an aquifer, and
which is attributable to a solid waste facility, the Chief may
require appropriate corrective or remedial action pursuant to W.
Va. Code Chapter 20, article 5A, and Chapter 20, article 5F to
abate, remediate or correct such pollution. Any such corrective
or remedial action order shall take into account any applicable
groundwater quality protection standards, the existing use of
such waters, the reasonable uses of such waters, background water
quality, and the protection of human health and the environment."
(dd) The legislative rules filed in the state register on
the seventeenth day of February, one thousand nine hundred
eighty-nine, relating to the director of the department of
natural resources (underground storage tanks), are authorized.
(ee) The legislative rules filed in the state register on
the twenty-seventh day of January, one thousand nine hundred
eighty-nine, relating to the director of the department of
natural resources (transporting and selling wildlife pelts), are
authorized.
(ff) The legislative rules filed in the state register on
the seventeenth day of February, one thousand nine hundred
eighty-nine, modified by the director of the department of
natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the
ninth day of August, one thousand nine hundred eighty-nine,
relating to the director of the department of natural resources
(underground storage tank fee assessments), are authorized.
(gg) The legislative rules filed in the state register on
the twenty-fourth day of April, one thousand nine hundred eighty-
nine, modified by the director of the department of natural
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
twenty-second day of May, one thousand nine hundred eighty-nine,
relating to the director of the department of natural resources
(public hunting and fishing areas), are authorized.
(hh) The legislative rules filed in the state register on
the first day of December, one thousand nine hundred eighty-nine,
relating to the department of natural resources (water pollution
control permit fee schedules), are authorized with the amendments
set forth below:
On page five, section 3.3, by deleting the following:
"Submitted fees are not refundable."
On page two, after section 2.6, by inserting the following:
"Customer" means any person that purchases waste disposal
services from a facility permitted under article five-a, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended. For the purposes of these regulations,
commercial and other non-single family dwelling customers shall
be translated into customer equivalents by dividing the total
daily estimated volume of waste water by three hundred and fifty
gallons per day." and renumbering the remaining subsections.
On page nine, section 7.2, by striking out the words "seven
hundred fifty dollars ($750)." and inserting in lieu thereof the
following:
"determined using Table D, but in no case shall be less than
two hundred fifty dollars ($250)."
And,
On page thirteen, by striking out all of Table D, Schedule
of Annual Permit Fees, and inserting in lieu thereof a new Table
D, designated "Schedule of Annual Permit Fees", to read as
follows:
"TABLE D
SCHEDULE OF ANNUAL PERMIT FEES
SEWAGE FACILITIES
Number of CustomersAnnual Permit Fee
less than 1000$ 250
1000 to 1499$ 500
1500 to 1999$ 750
2000 to 2499$ 1000
2500 to 2999$ 1250
3000 to 3499$ 1500
3500 to 3999$ 1750
4000 to 4499$ 2000
4500 to 4999$ 2250
greater than 5000$ 2500
INDUSTRIAL OR OTHER WASTE FACILITIES
Average Discharge VolumeAnnual Permit Fee
(gallons per day)
less than 1,000$ 50
1,001 to 10,000$ 500
10,001 to 50,000$ 1000
greater than 50,000$ 2500"
(ii) The legislative rules filed in the state register on
the twenty-fifth day of July, one thousand nine hundred
eighty-nine, modified by the director of the department of
natural resources to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the fifteenth day of September, one thousand nine hundred
eighty-nine, relating to the director of the department of
natural resources (revocation of hunting and fishing licenses),
are authorized.
(jj) The legislative rules filed in the state register on
the twentieth day of December, one thousand nine hundred
eighty-nine, modified by the division of natural resources to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-fourth
day of January, one thousand nine hundred ninety, relating to the
division of natural resources (state water pollution control
revolving fund program), are authorized.
(kk) The legislative rules filed in the state register on
the twenty-ninth day of March, one thousand nine hundred ninety,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the thirtieth day of August, one
thousand nine hundred ninety, relating to the division of natural
resources (assessment of civil administrative penalties), are
authorized.
(ll) The legislative rules filed in the state register on
the sixth day of August, one thousand nine hundred ninety,
relating to the division of natural resources (water pollution
control permit fee schedules), are authorized.
(mm) The legislative rules filed in the state register on
the fifteenth day of June, one thousand nine hundred ninety,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of August,
one thousand nine hundred ninety, relating to the division of
natural resources (underground storage tank insurance trust
fund), are authorized with the amendment set forth below:
On page four, after subsection 5.1, by inserting a new
subdivision 5.1.1 to read as follows:
"5.1.1 The fee shall be one hundred dollars per tank per
year ($100/tank/year) for a period of not less than one (1) year
and not more than three (3) years. Second and third year
capitalization fees may be levied if there is an inadequate
surplus of funds, as determined by the Board of Risk and
Insurance Management, the Division of Natural Resources and the
Underground Storage Tank Advisory Committee pursuant to W. Va.
Code, §20-5H-7."
(nn) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred ninety,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the second day of October, one
thousand nine hundred ninety, relating to the division of naturalresources (underground storage tanks), are authorized with the
amendment set forth below:
On page four, section five, subsection 5.1, after the word
"requirements" by striking out the remainder of the subsection
and inserting in lieu thereof, the following:
"of Title 47, Series 37 (Underground Storage Tank Fee
Assessments); Title 47, Series 36, Section 4 (Notification
Requirements); and Title 47, Series 37A, Section 5
(Capitalization Fees) of the Code of State Regulations and the
owner or operator presents proof of the certification to the
carrier."
(oo) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred ninety,
relating to the division of natural resources (dam safety), are
authorized.
(pp) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred ninety,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-eighth day of
November, one thousand nine hundred ninety, relating to the
division of natural resources (hazardous waste management), are
authorized.
(qq) The legislative rules filed in the state register on
the first day of July, one thousand nine hundred ninety-one,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of September,one thousand nine hundred ninety-one, relating to the division of
natural resources (special motorboating regulations), are
authorized.
(rr) The legislative rules filed in the state register on
the first day of May, one thousand nine hundred ninety-one,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of July,
one thousand nine hundred ninety-one, relating to the division of
natural resources (special fishing regulations), are authorized
with the amendment set forth below:
On page one, by striking out subsection 2.1 and inserting in
lieu thereof, a new subsection 2.1, to read as follows:
"2.1 "Daylight hours" means the time period between sixty
minutes before sunrise and sixty minutes after sunset."
(ss) The legislative rules filed in the state register on
the first day of July, one thousand nine hundred ninety-one,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of
November, one thousand nine hundred ninety-one, relating to the
division of natural resources (boating regulations), are
authorized.
(tt) The Legislature hereby authorizes and directs the
division of natural resources to promulgate the legislative rule
relating to water pollution control permit fee schedules, 47 CSR
26, effective the twenty-second day of April, one thousand nine
hundred ninety-one, with the amendment set forth below:
On page eight, subdivision 7.4.1, at the end of the
subdivision by striking the period and adding the following:
":
Provided, That if the chief determines that a facility
is in substantial compliance with its existing permit, the fee is
one thousand two hundred fifty dollars ($1,250.00)."
(uu) The legislative rules filed in the state register on
the seventeenth day of September, one thousand nine hundred
ninety-two, modified by the division of natural resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the sixteenth day of
December, one thousand nine hundred ninety-two, relating to the
division of natural resources (commercial sale of wildlife), are
authorized.
(vv) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (deer hunting), are authorized.
(ww) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (defining the terms to be used concerning all
hunting and trapping regulations), are authorized.
(xx) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (dog training), are authorized.
(yy) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (general hunting regulations), are authorized.
(zz) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (general trapping regulations), are authorized.
(aaa) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (special migratory bird hunting regulations),are authorized.
(bbb) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (prohibitions when hunting and trapping), are
authorized with the amendments set forth below:
On page two, subsection 3.9., by striking out the words 'No
person may use portable tree stands on public lands' and
inserting in lieu thereof the words 'Only portable tree stands
may be used on public lands.'"
(ccc) The legislative rules filed in the state register on
the twenty-first day of April, one thousand nine hundred
ninety-two, modified by the division of natural resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the sixteenth day of
December, one thousand nine hundred ninety-two, relating to the
division of natural resources (revocation of hunting and fishing
licenses), are authorized with the amendments set forth below:
"On page two, subsection 4.1., by striking out the word
'court' and inserting in lieu thereof the word 'commission'";
And,
"On page two, subdivision 4.1.1, by striking out the word
'court' and inserting in lieu thereof the word 'commission'."
(ddd) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (special bear hunting regulations), are
authorized.
(eee) The legislative rules filed in the state register on
the seventeenth day of September, one thousand nine hundred
ninety-two, modified by the division of natural resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the sixteenth day of
December, one thousand nine hundred ninety-two, relating to the
division of natural resources (special requirements concerning
boating), are authorized.
(fff) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (special waterfowl hunting regulations), are
authorized.
(ggg) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division ofnatural resources (wild boar hunting), are authorized.
(hhh) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (wild turkey hunting), are authorized.
(iii) The legislative rules filed in the state register on
the tenth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (West Virginia wildlife management areas), are
authorized.
(jjj) The legislative rules filed in the state register on
the seventeenth day of September, one thousand nine hundred
ninety-two, modified by the division of natural resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-fifth day of
January, one thousand nine hundred ninety-three, relating to the
division of natural resources (recycling assistance fund grant
program), are authorized.
§64-3-10. Water resources board.
(a) The legislative rules filed in the state register on the
sixth day of January, one thousand nine hundred eighty-three,
relating to the state water resources board (undergroundinjection control program), are authorized.
(b) The legislative rules filed in the state register on the
fifteenth day of November, one thousand nine hundred eighty-
three, relating to the state water resources board (special
regulations), are authorized.
(c) The legislative rules filed in the state register on the
third day of August, one thousand nine hundred eighty-three,
relating to the state water resources board (groundwater
protection standards), are authorized.
(d) The legislative rules filed in the state register on the
fifteenth day of November, one thousand nine hundred eighty-
three, relating to the state water resources board (state
national pollutant discharge elimination system (NPDES) program),
are authorized.
(e) The Legislature hereby authorizes and directs the state
water resources board to promulgate rules relating to water
quality standards in exact conformity with the rules relating to
water quality standards tendered to the secretary of state on the
seventh day of March, one thousand nine hundred eighty-four, by
the executive secretary of the state water resources board, to be
received and filed for inclusion in the state register by the
secretary of state.
(f) The legislative rules filed in the state register on the
seventeenth day of October, one thousand nine hundred eighty-
five, and modified by the state water resources board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
February, one thousand nine hundred eighty-seven, relating to thestate water resources board (special regulations), are
authorized.
(g) The legislative rules filed in the state register on the
seventh day of January, one thousand nine hundred eighty-five,
modified by the water resources board to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the thirteenth day of February, one thousand
nine hundred eighty-five, relating to the water resources board
(water quality standards), are authorized.
(h) The legislative rules filed in the state register on the
seventeenth day of October, one thousand nine hundred eighty-
five, modified by the state water resources board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of January, one
thousand nine hundred eighty-seven, and further modified by the
state water resources board to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-fourth day of February, one thousand nine
hundred eighty-seven, relating to the state water resources board
(water quality standards), are authorized.
(i) The legislative rules filed in the state register on the
seventeenth day of October, one thousand nine hundred eighty-
five, modified by the state water resources board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of January, one
thousand nine hundred eighty-seven, and further modified by the
state water resources board to meet the objections of the
legislative rule-making review committee and refiled in the stateregister on the twenty-fourth day of February, one thousand nine
hundred eighty-seven, relating to the state water resources board
(state national pollutant discharge elimination system (NPDES)
program), are authorized.
(j) The legislative rules filed in the state register on the
seventeenth day of October, one thousand nine hundred eighty-
five, and modified by the state water resources board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
February, one thousand nine hundred eighty-seven, relating to the
state water resources board (underground injection control
program), are authorized.
(k) The legislative rules filed in the state register on the
seventeenth day of October, one thousand nine hundred eighty-
five, and modified by the state water resources board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
February, one thousand nine hundred eighty-seven, relating to the
state water resources board (special regulations), are
authorized.
(l) The legislative rules filed in the state register on the
thirtieth day of June, one thousand nine hundred eighty-seven,
relating to the water resources board (water quality standards),
are authorized.
(m) The legislative rules filed in the state register on the
fourteenth day of October, one thousand nine hundred eighty-
eight, relating to the water resources board (water quality
standards), are authorized.
(n) The legislative rules filed in the state register on the
twenty-seventh day of August, one thousand nine hundred ninety,
relating to the water resources board (requirements governing
water quality standards), are authorized.
(o) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, relating to the water resources board (underground
injection control), are authorized with amendments set forth
below:
"On page two, subsection §46-9-2.3. by deleting the entire
subsection and by renumbering the following subsections.
"On page three, subsection §46-9-2.7. after the word "means"
by striking out the remainder of the sentence and inserting in
lieu thereof the words 'the personnel of the Office of Water
Resources and the personnel of the Oil and Gas and the
Commissioner."
"On page three, subsection §46-9-2.11. after the word
"means" by striking out the remainder of the sentence and
inserting in lieu thereof the words Chief of the Office of Water
Resources of the Division of Environmental Protection."
"On page seven, subsection §46-9-2.59.b. by striking out the
sentence and inserting in lieu thereof the words "which is not an
exempted aquifer."
"On page eight, subsection §46-9-3.1.b.1. after the words
"permit application 4a by striking out the words "Class II or
III" and inserting in lieu thereof the words "Class 2 or 3"
"On page nine, subsection §46-9-4.1. by striking out the
words "Class I" and inserting in lieu thereof the words "Class1".
"On page nine, subsection §46-9-4.2. by striking out the
words "Class II" and inserting in lieu thereof the words "Class
1."
"On page nine, subsection §46-9-4.3. by striking out the
words "Class III" and inserting in lieu thereof the words "Class
3."
"On page ten, subsection §46-9-4.4. by striking out the
words "Class IV" and inserting in lieu thereof the words "Class
4."
"On page ten, subsection §46-9-4.5. by striking out the
definition and inserting in lieu thereof the words "Class 5.
Injection wells not included in Classes 1, 2, 3, or 4. Class 5
wells include, but are not limited to"
"On page eleven, subsection §46-9-4.5.r. after the word
"associated" by striking out the word "wit" and inserting in lieu
thereof the word "with".
"On page twelve, subsection §46-9-5.3.b. after the words
"possible objective method:" by striking out the remainder of the
subsection and inserting in lieu thereof the following:
"Where "r" is equal to the square root of a quantity which
consists of a numerator divided by the denominator where the
numerator is equal to 2.25 multiplied by "K" multiplied by "H"
multiplied by "t"; and, the denominator is equal to "S"
multiplied by 10 to the "x" power. And, where "x" is equal to a
numerator divided by a denominator, where the numerator is equal
to four multiplied by "pi" multiplied by "K" multiplied by "H"
multiplied by the quantity equal to the product of ("h(subscriptw)" minus "h(subscript bo)") multiplied by "S(subscript
p)G(subscript b)"; and, the denominator is equal to 2.3
multiplied by "Q":
Where "r" is equal to the radius of endangering influence
from injection well (length);
"k" is equal to hydraulic conductivity of the injection zone
(length/time)"
"H" is equal to thickness of the injection zone (length);
"t" is equal to time of injection (time);
"S" is equal to storage coefficient (dimensionless);
"Q" is equal to injection rate (volume/time);
"h(subscript bo)" is equal to observed original hydrostatic
head of injection zone (length) measured from the base of the
lowermost underground source of drinking water;
"h(subscript w)" is equal to hydrostatic head of underground
source of drinking water (length) measured from the base of the
lowest underground source of drinking water;
"S(subscript p)G(subscript b)" is equal to specific gravity
of fluid in the injection zone (dimensionless); and,
"pi" is equal to 3.142 (dimensionless)."
"On page fifteen, subsection §46-9-6.2.c.1. by striking out
the words "Class II" and inserting in lieu thereof the words
"Class 2";
"On page fifteen, subsection §46-9-6.2.c.2. by striking out
the words "Class III" and inserting in lieu thereof the words
"Class 3";
"On page fifteen, subsection $46-9-7.1. after the words
"using any" by striking out the words "Class I" and inserting inlieu thereof the words "Class 1";
"On page sixteen, subsection §46-9-7.3,b. after the words
"comply with the" by striking out the word "requriements" and
inserting in lieu thereof the word "requirements";
"On page eighteen, subsection §46-9-8.2.c. after the word
"All" by striking out the words "Class I" and inserting in lieu
thereof the words "Class 1."
"On page nineteen, subsection §46-9-8.2.e. after the words
"construction of new" by striking out the words "Class I" and
inserting in lieu thereof the words "Class 1"
"On page twenty-five, subsection §46-9-10.2. after the words
"construction of" by striking out the words "Class III" and
inserting in lieu thereof the words "Class 3.";
"On page twenty-six, subsection §46-9-10.2.a. after the
words "All new" by striking out the words "Class III and
inserting in lieu thereof the words "Class 3.";
"On page twenty-six, subsection §46-9-10.2.b. after the
words "parts of" by striking out the words "Class III" and
inserting in lieu thereof the words "Class 3";
"On page twenty-six, subsection §46-9-10.2.c. after the
words "construction of the new" by striking out the words "Class
III" and inserting in lieu thereof the words "Class 3";
"On page twenty-six, subsection §46-9-10.2.c. after the
words "each type of" by striking out the words "Class III" and
inserting in lieu thereof the words "Class 3";
"On page thirty, subsection §46-9-10.4.c.2. after the words
"Chief reported" by striking out the word "wit" and inserting in
lieu thereof the word "with";
"On page forty, subsection §46-9-13.2.d.3. after the words
"than one" by striking out the word "(10" and inserting in lieu
thereof the word "(1)"
"On page forty, subsection §46-9-13.3.b. after the words
"application to" by striking out the word "he" and inserting in
lieu thereof the word "the";
"On page forty-six, subsection §46-9-13.9.a. after the words
"drinking water" by striking out the words "('corrective action'"
by inserting in lieu thereof the words "('corrective action')"
"On page fifty-eight, subsection §46-9-13.18.a.3.ii. after
the words "stayed State" by striking out the word "promulgation"
and inserting in lieu thereof the word "promulgated"
And,
"On page sixty, subsection §46-9-13.22.b.1. after the word
"gradient" by inserting a comma."
(p) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, relating to the water resources board (national
pollutant discharge elimination system (NPDES)), are authorized
with the amendments set forth below:
"On page seventy-two, subsection §46-2-14.1 after the word
"dischargers" by striking the remainder of the sentence and
inserting in lieu thereof the words "and POTWs shall comply with
the requirements of the Clean Water Act and the regulations at 40
CFR 403 promulgated thereunder."
"On page seventy-two, subsection §46-2-14.1.a. after the
words "into POTWs by" striking the remainder of the sentence and
inserting in lieu thereof the words "indirect discharger shallnot cause pass through or interference."
"On page seventy-two, subsection §46-2-14.1.a.5. after the
words "accommodate such heat." by inserting a new subsection §46-
2-14.1.a.6. to read as follows:
"6. Petroleum oil, non-biodegradable cutting oil, or
products of mineral oil origin in amounts that will cause
Interference or Pass Through."
(q) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the water resources board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of February,
one thousand nine hundred ninety-three, relating to the water
resources board (requirements governing groundwater standards),
are authorized.
§64-3-11. Economic development authority.
(a) The legislative rules filed in the state register on the
twenty-sixth day of May, one thousand nine hundred eighty-nine,
modified by the West Virginia economic development authority to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-fifth
day of January, one thousand nine hundred ninety, relating to the
West Virginia economic development authority (general
administration of the West Virginia capital company act and the
establishment of the application procedures to implement the
act), are authorized.
(b) The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred ninety-one,modified by the West Virginia economic development authority to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twelfth day of
August, one thousand nine hundred ninety-two, relating to the
West Virginia economic development authority (general
administration of the West Virginia capital company act:
establishment of the application procedures to implement the
act), are authorized.
§64-3-12. Solid waste management board.
(a) The legislative rules filed in the state register on the
twenty-third day of October, one thousand nine hundred ninety,
modified by the solid waste management board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of January,
one thousand nine hundred ninety-one, relating to the solid waste
management board (development of comprehensive litter and solid
waste control plans), are authorized.
(b) The legislative rules filed in the state register on the
twenty-third day of October, one thousand nine hundred ninety,
modified by the solid waste management board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of January,
one thousand nine hundred ninety-one, relating to the solid waste
management board (disbursement of loans and grants to
governmental agencies for the acquisition or construction of
solid waste disposal projects), are authorized.
(c) The legislative rules filed in the state register on the
twenty-third day of October, one thousand nine hundred ninety,modified by the solid waste management board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of January,
one thousand nine hundred ninety-one, relating to the solid waste
management board (establishment of fee schedule and cost
allocation applicable to the issuance of bonds by the board), are
authorized.
(d) The legislative rules filed in the state register on the
twenty-third day of October, one thousand nine hundred ninety,
modified by the solid waste management board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of January,
one thousand nine hundred ninety-one, relating to the solid waste
management board (development of commercial solid waste facility
siting plans), are authorized.
(e) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the solid waste management board to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the seventeenth day of
February, one thousand nine hundred ninety-three, relating to the
solid waste management board (rules and regulations for the
disbursement of grants to solid waste authorities), are
authorized.
§64-3-13. Board of manufactured housing construction and
safety.
(a) The legislative rules filed in the state register on the
twenty-third day of May, one thousand nine hundred ninety,modified by the board of manufactured housing construction and
safety to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
fourth day of September, one thousand nine hundred ninety,
relating to the board of manufactured housing construction and
safety (licensing, fees, standards, complaint handling,
sanctions, recovery fund, designation of board as state
administrative agency under the national manufactured housing
construction and safety standards act of 1974), are authorized.
(b) The legislative rules filed in the state register on the
sixteenth day of September, one thousand nine hundred ninety-two,
modified by the board of manufactured housing construction and
safety to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
seventeenth day of December, one thousand nine hundred
ninety-two, relating to the board of manufactured housing
construction and safety (West Virginia manufactured housing
construction and safety standards act), are authorized.
§64-3-14. Division of tourism and parks.
(a) The legislative rules filed in the state register on the
twenty-sixth day of April, one thousand nine hundred ninety-one,
modified by the division of tourism and parks to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of
September, one thousand nine hundred ninety-one, relating to the
division of tourism and parks (public use of West Virginia state
parks, state forests and state hunting and fishing areas under
the division of tourism and parks), are authorized with theamendment set forth below:
On page five, subsection 2.21 by striking out the words "and
Tomlinson Run".
(b) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the division of tourism and parks to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the eleventh day of
December, one thousand nine hundred ninety-two, relating to the
division of tourism and parks (public use of West Virginia state
parks, state forests and state hunting and fishing areas under
the division of tourism and parks), are authorized with the
amendment set forth below:
"On page twenty-one, section 2.21, after the words 'posted
signs' by striking out the period and inserting a colon and the
words '
Provided, That any person, group or association sponsoring
a private party at the restaurant at Chief Logan State Park may
provide beer, wine, liquor and all other alcoholic beverages for
guests at the private party as long as the party is not open to
the general public.'"
§64-3-15. Public energy authority.
(a) The legislative rules filed in the state register on the
twentieth day of December, one thousand nine hundred ninety,
modified by the public energy authority to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-sixth day of July, one thousand nine
hundred ninety-one, relating to the public energy authority
(establishment of rules and procedure for the exercise of thepowers of eminent domain for qualified projects), are authorized.
(b) The legislative rules filed in the state register on the
twentieth day of December, one thousand nine hundred ninety,
modified by the public energy authority to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-sixth day of July, one thousand nine
hundred ninety-one, relating to the public energy authority
(establishment of a fee schedule and cost allocations to the
issuance of bonds by the West Virginia public energy authority),
are authorized.
(c) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the public energy authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventeenth day of February,
one thousand nine hundred ninety-three, relating to the public
energy authority (rules and procedures for application for and
environmental assessment of projects seeking qualification for
public energy authority's assistance), are authorized.
§64-3-16. Division of forestry.
(a) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the division of forestry to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of January,
one thousand nine hundred ninety-three, relating to the division
of forestry (sediment control during commercial timber-harvesting
operations - logger certification), are authorized.
(b) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the division of forestry to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of December,
one thousand nine hundred ninety-two, relating to the division of
forestry (sediment control during commercial timber-harvesting
operations - licensing), are authorized with the amendment set
forth below:
On page five, by striking out all of subsection 6.7 and
inserting in lieu thereof a new subsection 6.7 to read as
follows:
"6.7 Individuals severing trees for sale occasionally or
routinely on their own property, where the gross income realized
from the sale of the product, i.e., logs, props, posts, firewood,
rails, etc., does not exceed fifty thousand dollars per annum,
may obtain a waiver from licensing by applying to the division,
on forms provided by the division."
§64-3-17. Division of environmental protection.
(a) The legislative rules filed in the state register on the
eleventh day of October, one thousand nine hundred ninety-one,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the ninth day of November, one
thousand nine hundred ninety-two, relating to the division of
environmental protection (operator's designation of bona fide
future use of oil and gas wells - qualification for inactive
status), are authorized.
(b) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-two,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of February,
one thousand nine hundred ninety-three, relating to the division
of environmental protection (oil and gas wells and other wells),
are authorized.
(c) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-two,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of February,
one thousand nine hundred ninety-three, relating to the division
of environmental protection (abandoned wells), are authorized.
(d) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the division of environmental protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the nineteenth day
of February, one thousand nine hundred ninety-three, relating to
the division of environmental protection (underground storage
tank assessment fees), are authorized.
(e) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the division of environmental protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the eighteenth dayof February, one thousand nine hundred ninety-three, relating to
the division of environmental protection (West Virginia surface
mining and reclamation), are authorized with the amendments set
forth below:
"On pages forty-seven and forty-eight, subsection
§38-2-3.15, by striking out all of paragraphs (e) and (f)";
"On page sixty-six §38-2-3.28, paragraphs (b), subparagraph
(2) in the Proviso by striking out the words "underground
operations" and after the word "where" by striking out the
remainder of the proviso and inserting in lieu thereof the
following: "the applicant demonstrates that the nature and
complexity of the operation clearly require more than fifty (50)
acres for additional facilities to include but not be limited to
site development, air shafts, fanways, vent hole, roads, staging
areas, etc."
"On page one hundred forty-six, subsection §38-2-12.3, by
striking out the citation "3.29" and inserting in lieu thereof
the citation "3.28";
And.
"On page one hundred seventy-two, subsection §38-2-14.11, by
striking out paragraph (b) and inserting in lieu thereof the
following: "(b) The Director may grant inactive status for a
period not to exceed one-half the permit term if it is determined
that the application contains sufficient information to meet all
requirements of paragraph (a) of this subsection:
Provided, That
where the applicant documents in the application that the
operations will become inactive for more than thirty (30) days,
but will be reactivated on an intermittent and/or irregular basisduring the approval period, such operations are not required to
reapply for inactive status except at the termination date of the
initial term of approval:
Provided, however, That the Director
may review the approval of inactive status during its term and
require updated information pursuant to paragraph (a) of this
subsection, and based upon this or other information, may modify
or rescind the approval prior to its initial termination date."
(f) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, relating to the division of environmental protection
(underground storage tanks), are authorized.
(g) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the division of environmental protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the nineteenth day
of February, one thousand nine hundred ninety-three, relating to
the division of environmental protection (hazardous waste
management), are authorized.
(h) The legislative rules filed in the state register on the
third day of March, one thousand nine hundred ninety-two,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of February,
one thousand nine hundred ninety-three, relating to the division
of environmental protection (groundwater protection act fee
schedule), are authorized with the amendments set forth below:
On page four by striking out all of subdivision 3.5.3 andrenumbering the remaining subdivisions; and
On page six by striking out all of subdivision 3.6.3 and
renumbering the remaining subdivisions.
§64-3-18. Director of the office of miners' health, safety and
training.
The legislative rules filed in the state register on the
thirteenth day of November, one thousand nine hundred ninety-two,
modified by the director of the office of miners' health, safety
and training to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the eighteenth day of February, one thousand nine hundred
ninety-three, relating to the director of the office of miners'
health, safety and training (rules and regulations governing the
standards for certification of blasters for surface coal mines
and surface areas of underground coal mines), are authorized.
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN
RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. Department of health and human resources.
(a) The legislative rules filed in the state register on the
twenty-second day of January, one thousand nine hundred ninety,
modified by the secretary of the department of health and human
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
fifth day of January, one thousand nine hundred ninety, relating
to the secretary of the department of health and human resources
(implementation of omnibus health care act), are authorized.
(b) The legislative rules filed in the state register on the
twenty-second day of January, one thousand nine hundred ninety,modified by the secretary of the department of health and human
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
fifth day of January, one thousand nine hundred ninety, relating
to the secretary of the department of health and human resources
(implementation of omnibus health care act payment provisions),
are authorized.
(c) The legislative rules filed in the state register on the
twentieth day of March, one thousand nine hundred ninety-two,
modified by the department of health and human resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the seventeenth day of
November, one thousand nine hundred ninety-two, relating to the
department of health and human resources (infectious medical
waste), are authorized with the amendments set forth below:
"On page seventeen, subsection 8.2, by after the words '(45)
days.' by inserting the following language: 'Facilities that
treat infectious medical waste on-site shall not store the
infectious medical waste more than thirty (30) days.';
On page twenty-one, subdivision 10.1.2., by after the words
'disposed of' striking out the words 'as solid waste' and
inserting in lieu thereof the words 'in the same manner as ash
from solid waste incineration and as provided in subdivision
10.2.5. of this rule.';
On page twenty-six, subsection 11.7., by after the words
'permit to' inserting the words 'own, operate and';
On page twenty-six, subsection 11.7., by striking out the
word 'publish' and inserting in lieu thereof the words 'announcethe public hearing required by subsection 11.9. of this rule by
publishing';
On page twenty-six, by further amending subsection 11.7. by
adding thereto a new subdivision, designated subdivision
11.7.1.4. to read as follows: 'The announcement of the date,
time and place where the hearing is to be conducted, shall be
made at least fourteen (14) but not more than forty-five (45)
days prior to the hearing;
And,
On page twenty-six, subsection 11.9, by after the words
'proposing to' inserting the words 'own, construct and'.
(d) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-two,
modified by the department of health and human resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-seventh day of
January one thousand nine hundred ninety-three, relating to the
department of health and human resources (residential board and
care homes), are authorized.
§64-5-2. State board of health; division of health.
(a) The legislative rules filed in the state register on the
second day of June, one thousand nine hundred eighty-two,
relating to the state board of health (waste water treatment
works operations), are authorized.
(b) The legislative rules filed in the state register on the
second day of June, one thousand nine hundred eighty-two,
relating to the state board of health (laboratory reporting of
syphilis and gonorrhea), are authorized.
(c) The legislative rules filed in the state register on the
second day of June, one thousand nine hundred eighty-two,
relating to the state board of health (public water supply
operators) with the modification of §11.02 as presented to the
legislative rule-making review committee on the ninth day of
November, one thousand nine hundred eighty-two, are authorized.
(d) The legislative rules filed in the state register on the
twenty-second day of October, one thousand nine hundred eighty-
two, relating to the state board of health (sewage systems) with
the modification presented to the legislative rule-making review
committee on the sixth day of December, one thousand nine hundred
eighty-two, are authorized except lines ten through seventeen,
page eight of the rules shall be stricken in their entirety and
the remaining paragraphs renumbered.
(e) The legislative rules filed in the state register on the
second day of June, one thousand nine hundred eighty-two,
relating to the state board of health (approval of laboratories),
are authorized.
(f) The legislative rules filed in the state register on the
twenty-fourth day of November, one thousand nine hundred eighty-
two, relating to the state board of health (permit fees), are
authorized.
(g) The legislative rules filed in the state register on the
third day of June, one thousand nine hundred eighty-two, relating
to the state board of health (certificate of need), are
authorized.
(h) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred eighty-two,relating to the state board of health (eyes of newborn children),
are authorized.
(i) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-two,
and filed with amendments on the eleventh day of January, one
thousand nine hundred eighty-three, relating to the state board
of health (nursing home licensure), are authorized with the
amendment of §5.15.02 of those rules as set forth below:
By striking the word "and" at the end of subdivision (f), by
changing the period at the end of subdivision (g) to a semicolon,
and by adding the following after subdivision (g): "(h) One (1)
member who represents social work services."
(j) The legislative rules filed in the state register on the
twenty-fourth day of November, one thousand nine hundred eighty-
two, relating to the state board of health (guardianship
service), are authorized with the exception of section 9.3 of
those rules which may not be promulgated.
(k) The legislative rules filed in the state register on the
third day of June, one thousand nine hundred eighty-two, relating
to the state board of health (controlled substances research
program and certification), are authorized.
(l) The legislative rules filed in the state register on the
fifth day of November, one thousand nine hundred eighty-two,
relating to the state board of health (chemical test for
intoxication), are authorized.
(m) The legislative rules filed in the state register on the
nineteenth day of December, one thousand nine hundred eighty-
three, relating to the state board of health (birthing centerlicensure), are authorized.
(n) The legislative rules filed in the state register on the
fourteenth day of November, one thousand nine hundred eighty-
three, relating to the state board of health (licensure of
behavioral health centers), are authorized with the amendment set
forth below:
Page 45, §12.8.2. In the first sentence delete the words
"without delay" and insert in lieu thereof the words "within
twenty-four hours after receiving a report of a complaint."
(o) The legislative rules filed in the state register on the
nineteenth day of December, one thousand nine hundred eighty-
three, relating to the state board of health (procedures for
recovery of corneal tissue for transplant), are authorized.
(p) The legislative rules filed in the state register on the
seventh day of September, one thousand nine hundred eighty-three,
relating to the state board of health (well water regulations),
are authorized with the amendments set forth below:
§4.1. In the first sentence delete the word "obtaining" and
insert in lieu thereof the words "applying for". In the second
sentence after "4.3" add "and 4.5."
§4.2. At the end of the second sentence, strike the period
and add the words "unless emergency conditions prevail as noted
under §4.3."
With the balance of §4.2 and create a new §4.3 with the
following changes: In the first sentence delete the word
"deadline" and insert in lieu thereof the word "requirements."
Add after the first sentence the sentence, "Emergency conditions
and unavoidable circumstances are those conditions involving actsof God, water outages or disruption of water service,
unsatisfactory water quality or quantity or public health
threats." In the third sentence delete the word "exceed" and
insert in lieu thereof the words "be made in excess of."
Renumber §4.3 as §4.4 and add the following two sentences at
the end of the section: "Such standards shall constitute the
minimum standards for the installation, the alteration or the
deepening of water wells. Any plans approved by the director
pursuant to these regulations shall be in substantial compliance
with the heretofore mentioned standards."
Renumber §4.4 as §4.5, §4.5 as §4.6, §4.6 as §4.7, §4.7 as
§4.8 and §4.8 as §4.9.
And,
§5.2. Delete the words "four (4)" and insert in lieu
thereof the words "two (2)" and delete the words "active,
continuous."
(q) The legislative rules filed in the state register on the
third day of October, one thousand nine hundred eighty-four,
relating to the state board of health (trauma center or facility
designation), are authorized.
(r) The legislative rules filed in the state register on the
twenty-first day of December, one thousand nine hundred eighty-
four, relating to the state board of health (reportable
diseases), are authorized.
(s) The legislative rules filed in the state register on the
twenty-first day of December, one thousand nine hundred eighty-
four, relating to the state board of health (licensure of medical
adult day care centers), are authorized.
(t) The legislative rules filed in the state register on the
third day of October, one thousand nine hundred eighty-four,
relating to the state board of health (retail food store
sanitation), are authorized.
(u) The legislative rules filed in the state register on the
seventeenth day of December, one thousand nine hundred eighty-
five, modified by the director of health to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the fifteenth day of January, one thousand
nine hundred eighty-six, relating to the director of health
(adult group home licensure), are authorized.
(v) The legislative rules filed in the state register on the
twenty-ninth day of October, one thousand nine hundred eighty-
five, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of
December, one thousand nine hundred eighty-five, relating to the
state board of health (licensure of hospice care programs), are
authorized.
(w) The legislative rules filed in the state register on the
thirty-first day of October, one thousand nine hundred eighty-
five, modified by the director of health to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-seventh day of December, one
thousand nine hundred eighty-five, relating to the director of
health (rules governing emergency medical services), are
authorized with the amendments set forth below:
On page 3, §3.9 shall read as follows:
"3.9 Quorum -- When applied to the EMSAC, a majority of the
members thereof, except in the instance when at any meeting of
the EMSAC, where a quorum is not present and the director causes
to be deposited in the United States mail, postage prepaid,
return receipt requested, to each member of the EMSAC within
three days, a notice calling a meeting of the EMSAC at some
convenient place in the state of West Virginia two weeks after
the meeting at which no quorum was present. Quorum means any
number of members of the EMSAC who attend such subsequent
meeting. Any member missing two consecutive meetings shall be
removed from the EMSAC."
On page 6, §4.7.1 shall be deleted in its entirety;
And,
On page 7, §4.10.1 shall read as follows:
"4.10.1 every applicant for certification as an EMSP prior
to such certification, shall demonstrate his or her knowledge and
ability by undergoing a written examination and a demonstration
of skills, and by attaining a passing score on the same. Passing
score shall be the same for all testing programs."
(x) The legislative rules filed in the state register on the
fifth day of September, one thousand nine hundred eighty-five,
relating to the state department of health (revising the list of
hazardous substances), are authorized.
(y) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-six,
modified by the director of the department of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of October,one thousand nine hundred eighty-six, relating to the director of
the department of health (hazardous material treatment
information repository), are authorized.
(z) The legislative rules filed in the state register on the
seventeenth day of July, one thousand nine hundred eighty-six,
modified by the state board of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the sixteenth day of October, one thousand nine
hundred eighty-six, relating to the state board of health
(methods and standards for chemical tests for intoxication), are
authorized.
(aa) The legislative rules filed in the state register on
the twenty-first day of November, one thousand nine hundred
eighty-six, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of
December, one thousand nine hundred eighty-six, relating to the
state board of health (licensure of behavioral health centers),
are authorized.
(bb) The legislative rules filed in the state register on
the eighteenth day of April, one thousand nine hundred eighty-
six, modified by the state board of health to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the seventeenth day of October, one
thousand nine hundred eighty-six, relating to the state board of
health (hospital licensure), are authorized.
(cc) The legislative rules filed in the state register on
the ninth day of December, one thousand nine hundred eighty-six,modified by the state board of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-third day of December, one thousand
nine hundred eighty-six, relating to the state board of health
(hospital licensure and allowing hospitals to have licensed
hospital professionals, other than licensed physicians, on their
medical staff), are authorized.
(dd) The legislative rules filed in the state register on
the ninth day of December, one thousand nine hundred eighty-six,
modified by the state board of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-third day of December, one thousand
nine hundred eighty-six, relating to the state board of health
(vital statistics), are authorized.
(ee) The legislative rules filed in the state register on
the eleventh day of September, one thousand nine hundred eighty-
seven, relating to the director of the department of health
(immunization criteria for transfer students), are authorized.
(ff) The legislative rules filed in the state register on
the sixteenth day of November, one thousand nine hundred eighty-
seven, relating to the director of the department of health
(hazardous substances), are authorized with the amendment set
forth below:
Page 33, section 8, line 8 (unnumbered), by adding at the
end of section 8 the following proviso: "
Provided, That the
owner's or operator's submissions are based on the threshold
reporting requirements contained in section 5, article 31,
chapter 16."
(gg) The legislative rules filed in the state register on
the eighteenth day of November, one thousand nine hundred eighty-
seven, relating to the director of the department of health
(trauma center or facility designation), are authorized.
(hh) The legislative rules filed in the state register on
the twenty-second day of June, one thousand nine hundred eighty-
eight, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of September,
one thousand nine hundred eighty-eight, relating to the state
board of health (licensure of hospice care programs), are
authorized.
(ii) The legislative rules filed in the state register on
the fifteenth day of September, one thousand nine hundred eighty-
eight, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the third day of November, one
thousand nine hundred eighty-eight, relating to the state board
of health (water wells), are authorized with the amendment set
forth below:
On page 2, §3.8, shall read as follows:
"3.8 Water Well -- Any excavation or penetration in the
ground, whether drilled, bored, cored, driven or jetted that
enters or passes through an aquifer for purposes that may
include, but are not limited to: A water supply, exploration for
water, dewatering or heat pump wells, except that this definition
shall not include ground water monitoring activities and all
activities for the exploration, development, production, storageand recovery of coal, oil and gas and other mineral resources
which are regulated under chapter 22, 22a or 22b of the code."
(jj) The legislative rules filed in the state register on
the twenty-second day of June, one thousand nine hundred eighty-
eight, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of September,
one thousand nine hundred eighty-eight, relating to the state
board of health (plumbing requirements), are authorized.
(kk) The legislative rules filed in the state register on
the twenty-second day of June, one thousand nine hundred eighty-
eight, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of September,
one thousand nine hundred eighty-eight, relating to the state
board of health (public water supply operators), are authorized.
(ll) The legislative rules filed in the state register on
the nineteenth day of October, one thousand nine hundred eighty-
eight, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of December,
one thousand nine hundred eighty-eight, relating to the state
board of health (volatile synthetic organic chemicals), are
authorized.
(mm) The legislative rules filed in the state register on
the second day of January, one thousand nine hundred ninety,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the stateregister on the seventeenth day of January, one thousand nine
hundred ninety, relating to the division of health (asbestos
abatement licensing), are authorized.
(nn) The legislative rules filed in the state register on
the thirtieth day of August, one thousand nine hundred
eighty-nine, modified by the division of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventeenth day of November,
one thousand nine hundred eighty-nine, relating to the division
of public health (AIDS-related medical testing and
confidentiality), are authorized.
(oo) The legislative rules filed in the state register on
the nineteenth day of December, one thousand nine hundred eighty-
nine, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
January, one thousand nine hundred ninety, relating to the state
board of health (nursing home licensure), are authorized.
(pp) The legislative rules filed in the state register on
the nineteenth day of December, one thousand nine hundred eighty-
nine, relating to the state board of health (licensure of
behavioral health centers), are authorized.
(qq) The legislative rules filed in the state register on
the twenty-eighth day of December, one thousand nine hundred
eighty-nine, relating to the state board of health (methods and
standards for chemical test for intoxication), are authorized.
(rr) The legislative rules filed in the state register on
the twenty-third day of July, one thousand nine hundred ninety,modified by the board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifth day of September, one thousand nine hundred
ninety, relating to the board of health (fees for permits), are
authorized with the amendments set forth below:
On page two, subsection 3.6, by striking out all of the
subsection and renumbering the subsequent subsections.
On page four, subsection 5.4, by striking out all of the
subsection and renumbering the subsequent subsections.
And,
On page six, Table 64-30c, by striking out Table 64-30c and
inserting in lieu thereof a new table, to read as follows:
TABLE 64-30C.
Individual On-Site and Innovative Alternative Type
Sewage System Permit Fees
Type of System Fees for Permit
Class I (New or Modified) $100
Class II (New or Modified)$100
Home Aeration Unit$100
(ss) The legislative rules filed in the state register on
the seventh day of December, one thousand nine hundred ninety,
modified by the board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-second day of January, one thousand nine
hundred ninety-one, relating to the board of health (public water
systems, bottled water and laboratory certification), are
authorized.
(tt) The legislative rules filed in the state register on
the thirteenth day of December, one thousand nine hundred ninety,modified by the board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-second day of January, one thousand nine
hundred ninety-one, relating to the board of health (vital
statistics), are authorized.
(uu) The legislative rules filed in the state register on
the seventh day of January, one thousand nine hundred ninety-one,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-second day of January, one thousand nine
hundred ninety-one, relating to the division of health (fees for
services), are authorized.
(vv) The legislative rules filed in the state register on
the twenty-eighth day of December, one thousand nine hundred
ninety, modified by the division of health to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-sixth day of July, one thousand
nine hundred ninety-one, relating to the division of health
(specialized health procedures), are authorized.
(ww) The legislative rules filed in the state register on
the second day of January, one thousand nine hundred ninety-one,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the sixteenth day of May, one thousand nine hundred
ninety-one, relating to the division of health (emergency medical
services), are authorized.
(xx) The legislative rules filed in the state register on
the tenth day of September, one thousand nine hundred ninety-one,modified by the secretary of the department of health and human
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the third
day of January, one thousand nine hundred ninety-two, relating to
the secretary of the department of health and human resources
(retail food store sanitation), are authorized.
(yy) The Legislature hereby authorizes and directs the
division of health to promulgate the legislative rule relating to
swimming pools and bathing beaches, 64 CSR 16, effective the
fifth day of May, one thousand nine hundred eighty, with the
amendment set forth below:
On page five, section 11.3 by striking out the period
following the word "beach" and adding the following: "
Provided,
That at hotels, motels, apartment complexes, or condominiums
which have swimming pools of five feet or less in depth at the
deepest point, employment of lifeguards is recommended but not
mandatory, whether or not the establishment charges an admission
fee (gate receipt, annual pass or membership dues). If no
lifeguards are employed, the management shall post a sign in a
prominent location near the swimming pool stating "SWIM AT YOUR
OWN RISK - ALL PERSONS UNDER THE AGE OF 14 MUST BE ACCOMPANIED BY
AN ADULT."
(zz) The legislative rules filed in the state register on
the sixteenth day of September, one thousand nine hundred
ninety-two, modified by the division of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventeenth day of November,
one thousand nine hundred ninety-two, relating to the division ofhealth (trauma center or facility designation), are authorized.
(aaa) The legislative rules filed in the state register on
the second day of November, one thousand nine hundred ninety-two,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the nineteenth day of February, one thousand nine
hundred ninety-three, relating to the division of health (primary
care center seed money grants), are authorized.
(bbb) The legislative rules filed in the state register on
the second day of November, one thousand nine hundred ninety-two,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the nineteenth day of February, one thousand nine
hundred ninety-three, relating to the division of health (primary
care center uncompensated care grants), are authorized.
§64-5-3. Health care cost review authority.
(a) The legislative rules filed in the state register on the
twenty-first day of October, one thousand nine hundred eighty-
three, relating to the health care cost review authority
(limitation on hospital gross patient revenue), are authorized.
(b) The legislative rules filed in the state register on the
nineteenth day of December, one thousand nine hundred eighty-
three, relating to the health care cost review authority (freeze
on hospital rates and granting temporary rate increases), are
authorized.
(c) The legislative rules filed in the state register on the
twenty-first day of December, one thousand nine hundred eighty-
four, relating to the health care cost review authority(implementation of the utilization review and quality assurance
program), are authorized.
(d) The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred eighty-four,
relating to the health care cost review authority (hospital cost
containment methodology), are authorized.
(e) The legislative rules filed in the state register on the
twenty-fifth day of November, one thousand nine hundred eighty-
five, modified by the West Virginia health care cost review
authority to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
eighth day of January, one thousand nine hundred eighty-six,
relating to the West Virginia health care cost review authority
(interim standards for lithotripsy services), are authorized.
(f) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred eighty-seven,
modified by the West Virginia health care cost review authority
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-seventh
day of January, one thousand nine hundred eighty-eight, relating
to the West Virginia health care cost review authority
(exemptions from certificate of need review), are authorized.
(g) The legislative rules filed in the state register on the
nineteenth day of September, one thousand nine hundred eighty-
eight, modified by the health care cost review authority to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-first day of
February, one thousand nine hundred eighty-nine, relating to thehealth care cost review authority (financial disclosure), are
authorized.
(h) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-nine,
modified by the West Virginia health care cost review authority
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the fifth day of
December, one thousand nine hundred eighty-nine, relating to the
West Virginia health care cost review authority (expedited review
for rate changes), are authorized with the amendments set forth
below:
On page 5, Section 4.1, after the words: "affected by the
increase." by inserting the following language: "The hospital
shall also reconcile any excesses in gross revenue, gross patient
revenue, gross inpatient revenue or charges per discharge.
Within fifteen days of submission the Authority shall inform the
hospital if it accepts the justification for excesses provided by
the hospital."
And,
On page 6, section 4.2, after the words "the excess in gross
outpatient revenue" by striking the period and inserting the
following:
"or if any excesses in the above categories (1 through 4)
have been sufficiently justified to the Authority as required in
Section 4.1 of this rule."
(i) The legislative rules filed in the state register on the
eleventh day of September, one thousand nine hundred eighty-nine,
modified by the West Virginia health care cost review authorityto meet the objections of the legislative rule-making review
committee and refiled in the state register on the fifth day of
December, one thousand nine hundred eighty-nine, relating to the
West Virginia health care cost review authority (exemption for
conversion of acute care beds to skilled nursing care beds), are
authorized.
(j) The legislative rules filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety, modified
by the health care cost review authority to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-fifth day of September, one
thousand nine hundred ninety, relating to the health care cost
review authority (exemption for shared services), are authorized.
(k) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fifth day of
September, one thousand nine hundred ninety, relating to the
health care cost review authority (health services offered by
health professionals), are authorized.
(l) The legislative rules filed in the state register on the
eleventh day of September, one thousand nine hundred ninety,
modified by the West Virginia health care cost review authority
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-fourth
day of January, one thousand nine hundred ninety-one, relating to
the West Virginia health care cost review authority (conversionof acute care beds to one hundred skilled nursing care beds), are
authorized.
(m) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of November, one
thousand nine hundred ninety-one, relating to the health care
cost review authority (health services offered by health
professionals), are authorized.
(n) The legislative rules filed in the state register on the
first day of May, one thousand nine hundred ninety-one, modified
by the health care cost review authority to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-second day of July, one thousand
nine hundred ninety-one, relating to the health care cost review
authority (review for automatic rate changes), are authorized.
(o) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of October,
one thousand nine hundred ninety-one, relating to the health care
cost review authority (certificate of need), are authorized.
(p) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the sixteenth day of October,
one thousand nine hundred ninety-one, relating to the health care
cost review authority (exemption for shared services), are
authorized with the amendments set forth below:
On page six, subsection 4.4, after the words "Charleston
newspapers", by striking out the word "and" and inserting in lieu
thereof a comma;
On page six, subsection 4.4, after the words "State
Register" by adding the words "and a newspaper of general
circulation within the area of the facility.";
On page seven, subsection 4.5, after the words "notice in
the Saturday Charleston newspapers", by striking out the word
"and" and inserting in lieu thereof a comma;
On page seven, subsection 4,5, before the words "the state
agency shall within ten", by striking out the comma and inserting
the words "and a newspaper of general circulation within the area
of the facility";
And,
On page seven, subsection 4.5, after the words "decision in
the Saturday Charleston newspapers", by striking out the
remainder of the sentence and inserting in lieu thereof the
following: ", the state register and a newspaper of general
circulation within the area of the facility.".
(q) The legislative rules filed in the state register on the
twenty-seventh day of June, one thousand nine hundred ninety-one,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day ofSeptember, one thousand nine hundred ninety-one, relating to the
health care cost review authority (development of life care
retirement centers), are authorized.
(r) The legislative rules filed in the state register on the
twenty-seventh day of June, one thousand nine hundred ninety-one,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of
September, one thousand nine hundred ninety-one, relating to the
health care cost review authority (conversion of acute care beds
to skilled nursing care beds), are authorized.
(s) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety-two, relating to the health care
cost review authority (financial disclosure), are authorized with
the amendment set forth below:
On page eighteen, after subsection 5.3, by adding thereto a
new subsection, designated subsection 5.4, to read as follows:
"5.4 A covered facility which is a nonprofit, community-
based primary care center providing primary care services without
regard to ability to pay which provides the board with a year-end
audited financial statement prepared in accordance with generally
accepted auditing standards and with governmental auditing
standards issued by the comptroller general of the United States
shall be considered to have complied with the disclosurerequirements of sections 3 and 4 of this rule."
(t) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the health care cost review authority to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twentieth day
of November, one thousand nine hundred ninety-two, relating to
the health care cost review authority (exemption for birthing
centers), are authorized.
(u) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the health care cost review authority to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twentieth day
of November, one thousand nine hundred ninety-two, relating to
the health care cost review authority (exemption for primary care
hospitals), are authorized.
(v) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the health care cost review authority to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twentieth day
of November, one thousand nine hundred ninety-two, relating to
the health care cost review authority (exemption for new primary
care services), are authorized.
(w) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred ninety-two,
modified by the health care cost review authority to meet theobjections of the legislative rule-making review committee and
refiled in the state register on the first day of February, one
thousand nine hundred ninety-three, relating to the health care
cost review authority (temporary approval of discount contracts
for border hospitals), are authorized.
§64-5-6. Workers' compensation.
(a) The legislative rules filed in the state register on the
fourteenth day of November, one thousand nine hundred eighty-
three, relating to the workers' compensation commissioner
(employers' excess liability fund), are authorized.
(b) The legislative rules filed in the state register on the
twenty-fifth day of October, one thousand nine hundred eighty-
four, relating to the workers' compensation commissioner (time
limits for the administrative proceedings of adjudications and
awards), are authorized.
(c) The legislative rules filed in the state register on the
twenty-fifth day of October, one thousand nine hundred eighty-
four, modified by the workers' compensation commissioner to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the ninth day of January,
one thousand nine hundred eighty-five, relating to the workers'
compensation commissioner (self-insured employers), are
authorized.
(d) The legislative rules filed in the state register on the
twenty-fifth day of October, one thousand nine hundred eighty-
four, modified by the workers' compensation commissioner to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the fifth day of December,one thousand nine hundred eighty-four, relating to the workers'
compensation commissioner (payment of attorney's fees), are
authorized.
(e) The legislative rules filed in the state register on the
sixth day of August, one thousand nine hundred eighty-five,
relating to the workers' compensation commissioner (standards for
medical examination in occupational pneumoconiosis claims), are
authorized with the amendments set forth below:
On page 1, the second and third unnumbered paragraphs on
page one are amended to read as follows:
"When two or more ventilatory function tests performed in
reasonably close proximity in time produce differing but
acceptable results, the Commissioner, at the request of the O. P.
Board, may direct the parties to furnish additional evidence
and/or order additional testing at the laboratory utilized by the
O. P. Board or other laboratories, all for the purpose of
determining whether any of the results are unreliable or
incorrect or are clearly attributable to some identifiable
disease or illness other than occupational pneumoconiosis."
When blood gas studies are performed and abnormal values are
obtained and thereafter new blood gas studies are performed and
normal or significantly higher values are further obtained, the
Commissioner, at the request of the O. P. Board, may direct the
parties to furnish additional evidence and/or order additional
studies at the laboratory utilized by the O. P. Board or other
laboratories, all for the purpose of determining whether any of
the values are unreliable or incorrect or are clearly
attributable to some identifiable disease or illness other thanoccupational pneumoconiosis."
And,
On page 7, paragraph (11) is amended to read as follows:
"(11) It is recognized that arterial blood gas studies done
in laboratories throughout this state are obtained at different
altitudes. Only by 'standardizing' for altitude can an equitable
assessment be made of impairment when values of arterial oxygen
are being measured at remarkably different altitudes. Therefore,
the results reported from laboratories should include the name of
the laboratory and the date and time of the testing, altitude of
the laboratory and barometric pressure at the laboratory on the
day the samples were collected. The O. P. Board will evaluate
the arterial blood gas values by converting those values to the
average altitude of Charleston, West Virginia. For this purpose,
it shall be sufficient to add 1 mmHg to each arterial oxygen
tension for each 300 feet or fraction thereof that the testing
laboratory is located above the average altitude of Charleston,
because the relationship of barometric pressure (altitude) and
alveolar oxygen is approximately linear up to 4,000 feet as long
as the subject breathes room air.
As an example, Bluefield is located approximately 2,600 feet
above sea level. Charleston is approximately 600 feet above sea
level. Thus, arterial oxygen values obtained in Bluefield should
have 6.67 mmHg added to them before applying the table to them to
obtain 'percent impairment.' The calculations are as follows:
'Bluefield (2,600') minus Charleston (600') equals 2,000'
differential 2,000' divided by 300' altitude equals 6.67
6.67 multiplied by 1 mmHg per 300' altitude equals 6.67
mmHg.'"
(f) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred eighty-five,
modified by the workers' compensation commissioner to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of January,
one thousand nine hundred eighty-six, relating to the workers'
compensation commissioner (administration of the coal-workers'
pneumoconiosis fund), are authorized.
(g) The legislative rules filed in the state register on the
thirtieth day of November, one thousand nine hundred eighty-nine,
modified by the division of workers' compensation to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety, relating to the division of
workers' compensation (enforcement of reporting and payment
requirements), are authorized.
(h) The legislative rules filed in the state register on the
sixteenth day of January, one thousand nine hundred ninety,
modified by the division of workers' compensation to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of January,
one thousand nine hundred ninety, relating to the division of
workers' compensation (self-insured employers), are authorized.
(i) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the workers' compensation fund to meet
the objections of the legislative rule-making review committeeand refiled in the state register on the twenty-first day of
January, one thousand nine hundred ninety-three, relating to the
workers' compensation fund (self-insured employers), are
authorized.
(j) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the division of workers' compensation to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-first
day of January, one thousand nine hundred ninety-three, relating
to the division of workers' compensation (protocols and
procedures for performing medical evaluations in noise-induced
hearing loss claims), are authorized.
(k) The Legislature hereby authorizes and directs the
division of workers' compensation to amend its rules relating to
enforcement of reporting and payment requirements which were
filed in the code of state regulations (85 CSR 11) on the
thirtieth day of March, one thousand nine hundred ninety, with
the amendments set forth below:
On page one, by striking out all of subsection 2.8 and
inserting in lieu thereof a new subsection 2.8 to read as
follows:
"2.8 The term "employer" has the meaning ascribed to that
term by West Virginia Code, §23-2-1, which includes, but is not
limited to, any individual, firm, partnership, limited
partnership, copartnership, joint venture, association,
corporation, organization, receiver, estate, trust, guardian,
executor, administrator, or any other entity regularly employinganother person or persons for the purpose of carrying on any form
of industry, service or business in this state."; and
On page 3, after subsection 3.8, by inserting a new
subsection 3.9, to read as follows:
"3.9 Any person required to collect, truthfully account
for, and pay over to the commissioner any premium, premium
deposit, interest, or penalty pursuant to the provisions of West
Virginia Code, §23-2-1, et. seq., who willfully fails to collect
the premium, premium deposit, interest or penalty, or truthfully
account for and pay over the premium, premium deposit, interest
or penalty, or willfully attempts in any manner to evade or
defeat any premium, premium deposit, interest or penalty or the
payment thereof, is, in addition to other penalties provided by
law, liable for a penalty equal to the total amount of the
premium, premium deposit, interest or penalty evaded, or not
collected, or not accounted for and paid over. The penalty is a
personal obligation of the responsible person immediately due and
owing to the commissioner and, in addition thereto, is a lien
enforceable against all the property of the person."
ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF PUBLIC SAFETY TO
PROMULGATE LEGISLATIVE RULES.
§64-6-2. Fire commission.
(a) The legislative rules filed in the state register on the
third day of January, one thousand nine hundred eighty-four,
relating to the state fire commission (state fire code), are
authorized with the amendments set forth below:
On page 1, section 106, line 1, after the word "to" add the
words "personal care homes caring for five or less patients or";
And,
On page 26, section 11.06 (3) A. (3), strike the period at
the end of the sentence and add the words "except for existing
sleeping rooms owned by the state and located in dormitories or
state parks."
(b) The legislative rules filed in the state register on the
first day of August, one thousand nine hundred eighty-six,
modified by the state fire commission to meet the objection of
the legislative rule-making review committee and refiled in the
state register on the twenty-eighth day of October, one thousand
nine hundred eighty-six, relating to the state fire commission
(hazardous substance emergency response training program), are
authorized.
(c) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-eight,
modified by the state fire commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighth day of December, one thousand nine
hundred eighty-eight, relating to the state fire commission
(state building code), are authorized.
(d) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-nine,
modified by the state fire commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the fifteenth day of January, one thousand nine
hundred ninety, relating to the state fire commission
(electrician licensing), are authorized with the following
amendment:
On page 6, section 3.03, by deleting all of subsection (A)
and inserting in lieu thereof the following:
"(A) Any person who performs electrical work with respect to
any property owned or leased by such person. For purposes of
this subparagraph: (1) 'property owner' includes the property
owner, lessee, and his or her maintenance personnel; and, (2)
'performs electrical work' includes routine maintenance, repairs,
and improvements to existing structures; or."
(e) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-nine,
modified by the state fire commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-fifth day of October, one thousand
nine hundred eighty-nine, relating to the state fire commission
(fees for services rendered), are authorized with the amendment
set forth below:
On page 1, section 2.1(G), by striking out the word
"underground."
(f) The legislative rules filed in the state register on the
eleventh day of August, one thousand nine hundred eighty-nine,
modified by the state fire commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-sixth day of October, one thousand
nine hundred eighty-nine, relating to the state fire commission
(fire code), are authorized.
(g) The legislative rules filed in the state register on the
sixteenth day of July, one thousand nine hundred ninety, modified
by the state fire commission to meet the objections of thelegislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety, relating to the state fire commission (state
building code), are authorized with the amendments set forth
below:
On page two, subsection 4.1 after the words "The BOCA
National Property Maintenance Code, Third Edition, 1990" insert
the following ":
Provided, That section PM-104.4 Right of Entry
may be adopted or rejected at the option of the local
jurisdiction."
And,
On page two, subsection 4.1 by adding thereto a new
subdivision, designated subdivision 4.1.1 to read as follows:
"4.1.1 The following structures shall not be subject to
inspection by local jurisdictions:
4.1.1.a Group U utility structures and storage sheds
comprising an area of not more than 150 square feet which have no
plumbing or electrical connections and are utilized only for
residential storage purposes. (Examples include storage sheds
that are for the residential storage of lawnmowers, tools,
bicycles or furniture) Group U utility structures do not include
those utility structures and storage sheds which have plumbing or
electrical connections or are used for the storage of explosives
or other hazardous or explosive-type materials."
(h) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred ninety,
modified by the state fire commission to meet the objections of
the legislative rule-making review committee and refiled in thestate register on the fifteenth day of January, one thousand nine
hundred ninety-one, relating to the state fire commission (state
fire code), are authorized.
(i) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred ninety-two,
modified by the state fire commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the thirtieth day of November, one thousand
nine hundred ninety-two, relating to the state fire commission
(electrician licensing), are authorized.
§64-6-3. Jail and correctional facility standards commission.
(a) The legislative rules filed in the state register on the
fifth day of November, one thousand nine hundred eighty-seven,
relating to the jail and prison standards commission (West
Virginia minimum standards for construction, operation and
maintenance of jails), are authorized.
(b) The legislative rules filed in the state register on the
ninth day of May, one thousand nine hundred eighty-eight,
modified by the jail and prison standards commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of
February, one thousand nine hundred eighty-nine, relating to the
jail and prison standards commission (West Virginia minimum
standards for construction, operation and maintenance of holding
facilities), are authorized.
(c) The legislative rules filed in the state register on the
eighteenth day of March, one thousand nine hundred eighty-eight,
modified by the jail and prison standards commission to meet theobjections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of
February, one thousand nine hundred eighty-nine, relating to the
jail and prison standards commission (West Virginia minimum
standards for construction, operation and maintenance of
prisons), are authorized.
(d) The Legislature hereby authorizes and directs the jail
and prison standards commission to amend its rules relating to
West Virginia minimum standards for construction, operation and
maintenance of jails which were filed in the code of state
regulations (95 CSR 1) on the fifth day of April, one thousand
nine hundred eighty-eight, with the following amendment set forth
below:
On page 7, §8.10 by striking out in the first sentence,
after the word "house", the following words: "no less than four
(4)" and
On page 30 by adding a new section 17.21 to read as follows:
"17.21 Visitation to Home County. To the extent that the
previous subsections provide requirements for visitation with
inmates housed in regional jail facilities, it is the intent that
such requirements apply only to visitation provided in a regional
jail facility. When visitation with family and friends is
required to be provided to a person incarcerated in a regional
jail facility in a location other than the regional jail, the
following provisions shall apply:
17.21.1 The regional jail need not assume the responsibility
for transportation to the home county seat of a person
incarcerated in the regional jail facility for visitation withtheir family and friends unless that person has had no visits
from family and friends in the previous three months.
17.21.2 In providing any transportation under subsection
17.21.1 the regional jail has the right to schedule such
transportation for visits with family and friends of the person
incarcerated in a manner which would utilize to the utmost the
regional jail's regularly scheduled trips to each of the
respective counties it serves, including the scheduling of round-
trips, so long as a minimum of 30 minutes is available for
visitation.
17.21.3 The regional jail need not assume any responsibility
for transportation under subsection 17.21.1 when the distance
from the regional jail to the respective county seat is less than
two hours driving time."
(e) The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred ninety-one,
modified by the jail and correctional facility standards
commission to meet the objections of the legislative rule-making
review committee and refiled in the state register on the ninth
day of July, one thousand nine hundred ninety-two, relating to
the jail and correctional facility standards commission (minimum
standards for construction, operation and maintenance of jails),
are authorized.
§64-6-6. State emergency response commission.
The legislative rules filed in the state register on the
ninth day of December, one thousand nine hundred ninety-one,
modified by the state emergency response commission to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the fifteenth day of December,
one thousand nine hundred ninety-two, relating to the state
emergency response commission (SERC legislative rules), are
authorized.
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO
PROMULGATE LEGISLATIVE RULES.
§64-7-2. Insurance commissioner.
(a) The legislative rules filed in the state register on the
eighteenth day of October, one thousand nine hundred eighty-
three, relating to the insurance commissioner (excess line
brokers), are authorized.
(b) The legislative rules filed in the state register on the
eighteenth day of August, one thousand nine hundred eighty-six,
modified by the insurance commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twelfth day of December, one thousand nine
hundred eighty-six, relating to the insurance commissioner
(examiners' compensation, qualification and classification), are
authorized.
(c) The legislative rules filed in the state register on the
twentieth day of February, one thousand nine hundred eighty-
seven, relating to the insurance commissioner (West Virginia
essential property insurance association), are authorized.
(d) The legislative rules filed in the state register on the
twenty-ninth day of May, one thousand nine hundred eighty-seven,
relating to the insurance commissioner (medical malpractice
annual reporting requirements), are authorized.
(e) The legislative rules filed in the state register on thethirty-first day of July, one thousand nine hundred eighty-seven,
modified by the insurance commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the seventh day of November, one thousand nine
hundred eighty-seven, relating to the insurance commissioner
(medical malpractice loss experience and loss expense reporting
requirements), are authorized.
(f) The legislative rules filed in the state register on the
thirtieth day of November, one thousand nine hundred eighty-
eight, modified by the insurance commissioner to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of
February, one thousand nine hundred eighty-nine, relating to the
insurance commissioner (transitional requirements for the
conversion of Medicare supplement insurance benefits and premiums
to conform to Medicare program revisions), are authorized.
(g) The legislative rules filed in the state register on the
twenty-sixth day of May, one thousand nine hundred eighty-nine,
modified by the insurance commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-eighth day of September, one
thousand nine hundred eighty-nine, relating to the insurance
commissioner (insurance adjusters), are authorized.
(h) The legislative rules filed in the state register on the
second day of February, one thousand nine hundred ninety,
modified by the insurance commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-ninth day of May, one thousand ninehundred ninety, relating to the insurance commissioner (accident
and sickness rate filing), are authorized.
(i) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the insurance commissioner to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the ninth day of October, one thousand nine hundred
ninety, relating to the insurance commissioner (group
coordination of benefits), are authorized.
(j) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the insurance commissioner to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventeenth day of January, one thousand nine
hundred ninety-one, relating to the insurance commissioner (AIDS
regulations), are authorized.
(k) The legislative rules filed in the state register on the
third day of December, one thousand nine hundred ninety, relating
to the insurance commissioner (health insurance benefits for
temporomandibular and craniomandibular disorders), are
authorized.
(l) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the insurance commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the thirteenth day of January, one thousand
nine hundred ninety-two, relating to the insurance commissioner
(guaranteed loss ratios as applied to individual sickness andaccident insurance policies), are authorized.
(m) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one,
modified by the insurance commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the thirteenth day of January, one thousand
nine hundred ninety-two, relating to the insurance commissioner
(examiners' compensation, qualifications and classification), are
authorized.
(n) The legislative rules filed in the state register on the
seventeenth day of July, one thousand nine hundred ninety-one,
modified by the insurance commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the thirteenth day of January, one thousand
nine hundred ninety-two, relating to the insurance commissioner
(permanent regulations on Medicare supplement insurance), are
authorized.
(o) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the insurance commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the thirteenth day of January, one thousand
nine hundred ninety-two, relating to the insurance commissioner
("tail" malpractice insurance covering certain medical and allied
health care providers), are authorized.
(p) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, relating to the insurance commissioner (regulation ofcredit life insurance and credit accident and sickness
insurance), are authorized.
(q) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the insurance commissioner to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of December, one
thousand nine hundred ninety-two, relating to the insurance
commissioner (filing fees for purchasing groups and for risk
retention groups not chartered in this state), are authorized.
(r) The legislative rules filed in the state register on the
fourteenth day of October, one thousand nine hundred ninety-two,
relating to the insurance commissioner (group coordination of
benefits), are authorized with the amendments set forth below:
"On page six, subsection 2.1.9., after the words 'If a
person is covered by more than one employer group minimum
benefits plan, the order of benefits determination rules of this
regulation decide the order in which their benefits are
determined in relation to each other' by inserting a colon and
the words '
Provided, That under the provisions of West Virginia
Code §5-16-12(a), coverage issued pursuant to the Public
Employees Insurance Act is secondary to an employer group minimum
benefits plan and any other applicable health insurance
coverage.'"
(s) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the insurance commissioner to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the fifteenth day of January,
one thousand nine hundred ninety-three, relating to the insurance
commissioner (permanent regulations on medicare supplement
insurance), are authorized.
(t) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the insurance commissioner to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of January,
one thousand nine hundred ninety-three, relating to the insurance
commissioner (individual and employer group minimum benefits,
accident and sickness insurance policies), are authorized with
the amendments set forth below:
"On page two, subsection 3.2 by striking out the period and
inserting the following: 'other than coverage issued pursuant to
the Public Employees Insurance Act, as provided in West Virginia
Code §5-16-12(a).'"
(u) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the insurance commissioner to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of January,
one thousand nine hundred ninety-three, relating to the insurance
commissioner (long-term care insurance), are authorized.
(v) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the insurance commissioner to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the fifteenth day of January,
one thousand nine hundred ninety-three, relating to the insurance
commissioner (standards for uniform health care administration),
are authorized.
§64-7-3. Board of investments.
(a) The legislative rules filed in the state register on the
third day of January, one thousand nine hundred eighty-four,
relating to the state board of investments (selection of state
depositories for disbursement accounts through competitive
bidding), are authorized.
(b) The legislative rules filed in the state register on the
third day of January, one thousand nine hundred eighty-four,
relating to the state board of investments (administration of the
consolidated fund), are authorized.
(c) The legislative rules filed in the state register on the
ninth day of January, one thousand nine hundred ninety, modified
by the state board of investments to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-fourth day of January, one thousand nine
hundred ninety, relating to the state board of investments
(administration of the consolidated fund), are authorized.
(d) The legislative rules filed in the state register on the
ninth day of January, one thousand nine hundred ninety, modified
by the state board of investments to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-fourth day of January, one thousand nine
hundred ninety, relating to the state board of investments
(administration of the consolidated pension fund), areauthorized.
(e) The legislative rules filed in the state register on the
thirtieth day of November, one thousand nine hundred ninety,
modified by the state board of investments to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the seventeenth day of May, one thousand
nine hundred ninety-one, relating to the state board of
investments (establishment of imprest funds), are authorized.
(f) The legislative rules filed in the state register on the
thirtieth day of November, one thousand nine hundred ninety,
modified by the state board of investments to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the seventeenth day of May, one thousand
nine hundred ninety-one, relating to the state board of
investments (administration of the consolidated pension fund by
the West Virginia state board of investments), are authorized.
(g) The legislative rules filed in the state register on the
thirtieth day of November, one thousand nine hundred ninety,
modified by the state board of investments to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the seventeenth day of May, one thousand
nine hundred ninety-one, relating to the state board of
investments (procedures for processing payments from the state
treasury), are authorized.
(h) The legislative rules filed in the state register on the
thirtieth day of November, one thousand nine hundred ninety,
modified by the state board of investments to meet the objections
of the legislative rule-making review committee and refiled inthe state register on the seventeenth day of May, one thousand
nine hundred ninety-one, relating to the state board of
investments (selection of state depositories for disbursement
accounts through competitive bidding), are authorized.
(i) The legislative rules filed in the state register on the
thirtieth day of November, one thousand nine hundred ninety,
modified by the state board of investments to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the seventeenth day of May, one thousand
nine hundred ninety-one, relating to the state board of
investments (administration of the consolidated fund by the West
Virginia state board of investments), are authorized.
(j) The legislative rules filed in the state register on the
thirtieth day of November, one thousand nine hundred ninety,
modified by the state board of investments to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the seventeenth day of May, one thousand
nine hundred ninety-one, relating to the state board of
investments (selection of state depositories for receipt
accounts), are authorized with the amendment set forth below:
On page three, section four, by striking out the period
after the word "agency" and adding the words "but shall select a
depository in the same community or geographical area as the
agency."
(k) The legislative rules filed in the state register on the
thirtieth day of November, one thousand nine hundred ninety,
modified by the state board of investments to meet the objections
of the legislative rule-making review committee and refiled inthe state register on the seventeenth day of May, one thousand
nine hundred ninety-one, relating to the state board of
investments (procedures for deposit of moneys with the board of
investments and treasurer's office by state agencies), are
authorized.
(l) The legislative rules filed in the state register on the
sixth day of November, one thousand nine hundred ninety-one,
modified by the state board of investments to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-first day of August, one
thousand nine hundred ninety-two, relating to the state board of
investments (reporting of state debt to the West Virginia state
board of investments), are authorized.
§64-7-5. Racing commission.
(a) The legislative rules filed in the state register on the
twenty-third day of April, one thousand nine hundred eighty-two,
relating to the West Virginia racing commission (Rule 795), are
authorized.
(b) The legislative rules filed in the state register on the
twenty-third day of April, one thousand nine hundred eighty-two,
relating to the West Virginia racing commission (Rule 819), are
authorized.
(c) The legislative rules filed in the state register on the
twenty-third day of April, one thousand nine hundred eighty-two,
relating to the West Virginia racing commission (Rule 107), are
authorized.
(d) The legislative rules filed with the legislative rule-
making review committee on the tenth day of January, one thousandnine hundred eighty-three, relating to the West Virginia racing
commission (Rule 471), are authorized.
(e) The legislative rules filed in the state register on the
tenth day of January, one thousand nine hundred eighty-three,
relating to the West Virginia racing commission (Rule 526), are
authorized.
(f) The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred eighty-
three, relating to the West Virginia racing commission (Rule 107)
greyhound racing, are authorized.
(g) The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred eighty-
three, relating to the West Virginia racing commission (Rule 108)
greyhound racing, are authorized with the amendment set forth
below:
Following the word "Association" insert a period and strike
the remainder of the sentence.
(h) The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred eighty-
three, relating to the West Virginia racing commission (Rule 108)
thoroughbred racing, are authorized with the amendment set forth
below:
Following the word "Association" insert a period and strike
the remainder of the sentence.
(i) The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred eighty-
three, relating to the West Virginia racing commission (Rule 392)
greyhound racing, are authorized.
(j) The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred eighty-
three, relating to the West Virginia racing commission (Rule 455)
greyhound racing, are authorized.
(k) The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred eighty-
three, relating to the West Virginia racing commission (Rule
609A) greyhound racing, are authorized.
(l) The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred eighty-
three, relating to the West Virginia racing commission (Rule 627)
greyhound racing, are authorized.
(m) The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred eighty-
three, relating to the West Virginia racing commission (Rule 845)
thoroughbred racing, are authorized.
(n) The legislative rules filed in the state register on the
ninth day of November, one thousand nine hundred eighty-four,
relating to the West Virginia racing commission (greyhound racing
-- Rule 628), are authorized.
(o) The legislative rules filed in the state register on the
twenty-fifth day of September, one thousand nine hundred eighty-
four, relating to the West Virginia racing commission (greyhound
racing -- Rule 672), are authorized.
(p) The legislative rules filed in the state register on the
ninth day of November, one thousand nine hundred eighty-four,
relating to the West Virginia racing commission (thoroughbred
racing -- Rule 808), are authorized.
(q) The legislative rules filed in the state register on the
twenty-fifth day of September, one thousand nine hundred eighty-
four, relating to the West Virginia racing commission
(thoroughbred racing -- Rule 843), are authorized.
(r) The legislative rules filed in the state register on the
sixth day of August, one thousand nine hundred eighty-four,
relating to the West Virginia racing commission (greyhound racing
-- Rule 845-I), are authorized.
(s) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred eighty-seven,
modified by the West Virginia racing commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of
December, one thousand nine hundred eighty-seven, relating to the
West Virginia racing commission (greyhound racing), are
authorized.
(t) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred eighty-seven,
modified by the West Virginia racing commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of December,
one thousand nine hundred eighty-seven, relating to the West
Virginia racing commission (thoroughbred racing), are authorized
with the amendment set forth below:
On page fifty-five, Section 61.3(f), by striking all of
subsection (f) and inserting in lieu thereof the existing
provisions of subsection (f) as contained in 178 CSR 1, which
reads as follows:
"All moneys held by any licensee for the payment of
outstanding and unredeemed pari-mutuel tickets, if not claimed
within ninety (90) days after the close of the horse race meeting
in connection with which the tickets were issued, shall be turned
over by the licensee to the Racing Commission within fifteen (15)
days after the expiration of such ninety (90) day period and the
licensee shall give such information as the Racing Commission may
require concerning such outstanding and unredeemed tickets; viz.
The outs ledger enumerating all outstanding tickets at the close
of each meeting, to contain a record of all tickets redeemed in
the ninety (90) day period following, together with all redeemed
tickets which shall bear the stamp of the cashier(s) making
redemption: A stamp indicating "Outs Ticket". In addition, a
statement to accompany said ledger and tickets, setting forth the
quantity and amount of each denomination redeemed in the ninety
(90) day period, with a grand total indicating the sum paid in
"Outs". This sum subtracted from the outs on the closing day to
equal the remittance of the Association in settlement of the
"Out" account for the meeting."
(u) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred eighty-eight,
relating to the West Virginia racing commission (thoroughbred
racing), are authorized.
(v) The legislative rules filed in the state register on the
eighteenth day of January, one thousand nine hundred eighty-nine,
modified by the West Virginia racing commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of February,one thousand nine hundred eighty-nine, relating to the West
Virginia racing commission (greyhound racing), are authorized.
(w) The legislative rules filed in the state register on the
fourth day of March, one thousand nine hundred eighty-nine,
modified by the West Virginia racing commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the first day of June, one
thousand nine hundred eighty-nine, relating to the West Virginia
racing commission (thoroughbred racing), are authorized.
(x) The legislative rules filed in the state register on the
twenty-second day of June, one thousand nine hundred eighty-nine,
relating to the West Virginia racing commission (greyhound
racing), are authorized.
(y) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the West Virginia racing commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the fourteenth day of January, one thousand
nine hundred ninety-one, relating to the West Virginia racing
commission (thoroughbred racing), are authorized.
(z) The legislative rules filed in the state register on the
twenty-ninth day of October, one thousand nine hundred ninety,
modified by the West Virginia racing commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fourteenth day of January,
one thousand nine hundred ninety-one, relating to the West
Virginia racing commission (greyhound racing), are authorized
with the amendment set forth below:
On pages seventy-four-a through seventy-eight, section
forty-five, by striking out all of subsection 45.38.
(aa) The legislative rules filed in the state register on
the twenty-ninth day of July, one thousand nine hundred
ninety-one, modified by the racing commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of September,
one thousand nine hundred ninety-one, relating to the racing
commission (thoroughbred racing), are authorized.
(bb) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-one, relating to the West Virginia racing commission
(greyhound racing), are authorized.
(cc) The legislative rules filed in the state register on
the eighteenth day of September, one thousand nine hundred
ninety-two, relating to the racing commission (pari-mutuel
wagering), are authorized.
(dd) The legislative rules filed in the state register on
the eighteenth day of September, one thousand nine hundred
ninety-two, modified by the racing commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-sixth day of January,
one thousand nine hundred ninety-three, relating to the racing
commission (thoroughbred racing), are authorized.
(ee) The legislative rules filed in the state register on
the eighteenth day of September, one thousand nine hundred
ninety-two, modified by the racing commission to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the twenty-sixth day of January,
one thousand nine hundred ninety-three, relating to the racing
commission (greyhound racing), are authorized.
§64-7-6. Department of tax and revenue; division of tax; and
state tax commissioner.
(a) The legislative rules filed in the state register on the
fifth day of January, one thousand nine hundred eighty-four,
relating to the state tax commissioner (appraisal of property for
periodic statewide reappraisals for ad valorem property tax
purposes), are authorized with the amendments set forth below:
On page 8, section 11.04(b)(2), definition of "Active Mining
Property," at the end of the first paragraph following the
period, by adding the following: "In the application of the
herein provided valuation formula on 'active mining property,'
the appropriate formula calculation will be based upon the actual
market to which the coal from that tract and seam is currently
being sold, whether it is 'metallurgical' or 'steam'."
On page 9, section 11.04(b)(3), definition of "Active
Reserves," at the end of the subsection, following the period, by
adding the following: "In the application of the herein provided
valuation formula on 'active reserves,' the appropriate formula
calculation will be based upon the actual market to which the
coal from that tract and seam is currently being sold, whether it
is 'metallurgical' or 'steam'."
On page 11, section 11.04(b)(11), definition of "Mineable
Coal," by striking the subsection and substituting in lieu
thereof the following: "(11) Mineable Coal. Coal which can be
mined under present day mining technology and economics."
On page 25, section 11.04(c)(2)(C), entitled "Property Tax
Component," by striking the subsection and inserting in lieu
thereof the following: "(C) Property Tax Component -- This
component will be derived by multiplying the assessment rate by
the statewide average of tax rates on Class III property."
On page 30, section 11.04(c)(4), entitled "Valuation of
Mined-Out/Unmineable/Barren Coal Properties," by striking the
numbers "$5.00" and inserting in lieu thereof the following:
"$1.00."
On page 31, section 11.04(c)(5)(B), by striking the words
and numbers "Five Dollars ($5.00)" and inserting in lieu thereof
the following: "One Dollar ($1.00)."
On page 53, section 11.05(h) by striking the symbol and
figures "($5.00)" and inserting in lieu the following:
"($1.00)."
On page 73, section 11.06(h) by striking the symbol and
figures "$5.00" and inserting in lieu the following: "$1.00."
On page 81, section 11.07(e)(15)(B)(4) at the end of the
second sentence remove the period after the word "property" and
insert the words "unless the land is used for some other purpose
in which case it will be taxed according to its actual use."
On page 86, section 11.07(k) delete all of subsection (k).
On page 110, section 11.08(c)(4) by striking the symbol and
figures "$5.00" and inserting in lieu thereof the following:
"$1.00."
On page 111, section 11.08(c)(5)(B) by striking the symbol
and figures "$5.00" and inserting in lieu thereof the following:
"$1.00."
And,
On page 115, section 11.09(a)(3) in the first sentence,
insert after the word "land" the words "excluding farmland."
(b) The legislative rules filed in the state register on the
twenty-eighth day of September, one thousand nine hundred eighty-
four, relating to the state tax commissioner (estimated personal
income tax), are authorized with the amendments set forth below:
55.02(a)(2)(on page 182.2) line 18, after the word
"profession" strike the words "on his own account" and the
comma(,).
55.12(b)(1)(page 182.35) at the end of the section, change
the period to a comma, and add the following language: "and in
the case of a court appointed agent, a copy of the court order of
appointment is sufficient."
And,
55.12(c)(page 182.36) after the word "for," strike the word
"erroneous."
(c) The legislative rules filed in the state register on the
twenty-eighth day of September, one thousand nine hundred eighty-
four, modified by the state tax commissioner to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fourteenth day of November,
one thousand nine hundred eighty-four, and on the twenty-first
day of March, one thousand nine hundred eighty-five, relating to
the state tax commissioner (estimated corporation net income
tax), are authorized.
(d) The legislative rules filed in the state register on the
twelfth day of March, one thousand nine hundred eighty-five,relating to the state tax commissioner (identification and
appraisal of farmland subsequent to the base year of statewide
reappraisal), are authorized and directed to be promulgated with
the following amendments:
Title page, Subject; following the word "Farmland," insert
the words "and of Structures Situated Thereon."
Page i, Subject; following the word "Farmland," insert the
words "and of Structures Situated Thereon."
Page i, TABLE OF CONTENTS, Section 10; following the words
"Valuation of Farmland" add the words "and of Structures Situated
Thereon."
Page 10.1, Title; following the word "FARMLAND" insert the
words "AND STRUCTURES SITUATED THEREON."
Page 10.1, Section 10, Title; following the word "Farmland"
add the words "and Structures Situated Thereon."
Page 10.1, Section 10.01(b); following the word "farmland"
insert the words "and structures situated thereon."
Page 10.2, Section 10.02(a), first sentence; following the
word "farmland" insert the words "and structures situated
thereon."
Page 10.3, Section 10.02(b), first sentence; following the
word "farmland" insert the words "and structures situated
thereon." Delete the words "for purposes of the statewide
reappraisal."
Page 10.3, Section 10.02(b), last sentence; following the
word "farmland" insert the words "and structures situated
thereon."
Page 10.8, Section 10.04(5)(B), last sentence; delete theperiod and add "or the incapability to be adapted to alternative
uses."
Page 10.9, Section 10.04(6), first sentence; following the
words "land currently being used" insert the words "as part of a
farming operation."
Page 10.9, Section 10.04(6), following the last sentence;
add the sentence "For the purposes of this definition,
'contiguous tracts' are farmlands which are in close proximity,
but not necessarily adjacent:
Provided, That all such contiguous
tracts are operated as part of the same farm management plan."
Page 10.10, Section 10.04(8), is amended to read in its
entirety as follows:
"(8) Farm buildings. -- The term 'farm buildings' shall mean
structures which directly contribute to the operation of the
farm, and shall include tenant houses and quarters furnished farm
employees without rent as a part of the terms of their
employment."
Page 10.11, Section 10.04; delete the word "November" and
insert in lieu thereof the word "September." Delete the period
following the word "valuation" and add the words, "for the
assessment year beginning July first of each year."
Page 10.11, Section 10.04, insert the following subdivision:
"(12) Application Form: The application form required to be
filed with the assessor on or before September first of each year
shall require certification that the farm complies with criteria
set forth in Section 10.05(c) of these regulations, and renewal
applications from year to year shall be sufficient upon statement
certifying that no change has been made in the use of farmproperty which would disqualify 'farm use' classification for
assessment purposes." Renumber the subdivisions of Section 10.04
following the new 10.04(12); formerly 10.04(12) through
10.04(28), to 10.04(13) through 10.04(29), respectively.
Page 10.14, Section 10.04(28) (formerly 10.04(27));
following the words "woodland products" insert a comma and the
words "such as nuts or fruits harvested" and add a comma
following the words "human consumption" on Page 10.15.
Page 10.16, Section 10.05, subsection (a), following the
words "land is used for farm purposes" by striking the period and
inserting in lieu thereof a colon and the following: "
Provided,
That the true and actual value of all farm used, occupied and
cultivated by their owners or bona fide tenants shall be arrived
at according to the fair and reasonable value of the property for
the purpose for which it is actually used regardless of what the
value of the property would be if used for some other purpose;
and that the true and actual value shall be arrived at by giving
consideration to the fair and reasonable income which the same
might be expected to earn under normal conditions in the locality
wherein situated, if rented:
Provided, however, That nothing
herein shall alter the method of assessment of lands or minerals
owned by domestic or foreign corporations."
Page 10.16, Section 10.05(b), first clause; following the
words "following factors shall be" insert the words "indicative
of but not conclusive" and delete the word "considered."
Page 10.16, Section 10.05(b)(2); delete the period and add
the words "such as soil conservation, farmland preservation or
federal farm lending agencies."
Page 10.17, Section 10.05(b)(7); delete the section and
insert in lieu thereof the words "(7) Whether or not the farmer
practices 'custom farming' on the land in question."
Page 10.17, Section 10.05(b)(9); following the word "type"
add a comma and insert the word "utility."
Page 10.17, Section 10.05(b)(11), first sentence; following
the word "sales" insert the words "for nonfarm uses."
Page 10.17, Section 10.05(b)(12)(A); following the words
"part of" insert the words "or appurtenant to."
Page 10.17, Section 10.05(b)(12)(B); following the words
"contiguous to" insert the words "or operated in common with."
Page 10.18, Section 10.05, subsection (c), the first
sentence of which is amended in its entirety to read as follows:
"Qualifying farmland and the structures situated thereon shall be
subject to farm use valuation, with primary consideration being
given to the income which the property might be expected to earn,
in the locality wherein situate, if rented."
Page 10.18, Section 10.05(b)(12)(B); delete the semicolons
and the words "it was purchased at the same time as the tract so
used." Delete the period following the word "purposes" and add
the words "or any nonfarm use."
Page 10.19, Section 10.05(c)(2); following the words
"
Provided, That no" delete the word "reason" and insert in lieu
thereof the words "individual event."
Page 10.20, Section 10.05(c)(4)(C); following the words
"(1,000) minimum production value" insert the words "or the small
farm five hundred dollars ($500) minimum production and sale."
Page 10.23, Section 10.05(d)(3)(B), third sentence;following the word "If" insert the words "timber from." Delete
the period following the word "purpose" and add the words "or is
being converted to farm production uses."
Page 10.26, Section 10.05(f)(2) is amended in its entirety
to read as follows:
"(2) Farm buildings. -- Rental value of farm buildings and
other improvements on the farmland shall be valued by determining
the replacement cost of the building or structure by usual farm
construction practices, and farm labor standards and subtracting
therefrom depreciation.
1 Both of these determinations shall be
made in accordance with the tax department's real property
appraisal manual
2 as filed in the state register in accordance
with chapter 29A of the code of West Virginia, 1931, as amended,
and as it relates to agricultural buildings and structures. One
(1) acre of land shall be assigned to all buildings as a unit
situate on the property, regardless of the actual acreage
occupied by such buildings and shall be appraised at its farm-use
valuation based on the highest class of farmland present on the
farm."
Page 10.28, Section 10.05(f)(3)(B)(1); following the words
"or more of the" insert the word "usual."
Page 10.28, Section 10.05(f)(3)(B)(2); following the words
"(50%) of the" insert the word "usual."
Page 10.29, Section 10.05(f)(3)(C)(1)(a); following the
words "(50%) or more of the" insert the word "usual."
Page 10.29, Section 10.05(f)(3)(C)(1)(b); following the
words "(50%) of the" insert the word "usual."
Page 10.31, Section 10.05(f)(3)(C)(2)(b); following the lastsentence insert the sentence "An individual employed other than
in farming is not an unincorporated business."
Page 10.35, Section 10.07, Title; following the word
"Farmland" insert the words "and Structures Situated Thereon."
Page 10.35, Section 10.07(a), first sentence; following the
word "farmland" insert the words "and structures situated
thereon."
And,
Page 10.46, Subject; following the word "Farmland" insert
the words "and Structures Situated Thereon."
(e) The legislative rules filed in the state register on the
twenty-second day of May, one thousand nine hundred eighty-five,
relating to the state tax commissioner (rules governing the
operation of a statewide electronic data processing system
network, to facilitate administration of the ad valorem property
tax on real and personal property), are authorized.
(f) The legislative rules filed in the state register on the
twenty-sixth day of March, one thousand nine hundred eighty-six,
relating to the state tax commissioner (listing of interests in
natural resources for the first statewide reappraisal; provision
for penalties), are authorized.
(g) The legislative rules filed in the state register on the
twenty-sixth day of March, one thousand nine hundred eighty-six,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twelfth day of February, one thousand nine
hundred eighty-seven, relating to the state tax commissioner
(review of appraisals by county commissions sitting asadministrative appraisal review boards), are authorized.
(h) The legislative rules filed in the state register on the
twenty-sixth day of March, one thousand nine hundred eighty-six,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twelfth day of February, one thousand nine
hundred eighty-seven, relating to the state tax commissioner
(review of appraisals by a circuit court on certiorari), are
authorized with the following amendment:
On page 3, §18.3.1 is stricken in its entirety and a new
§18.3.1 is inserted in lieu thereof to read as follows:
"18.3.1 Who May Request Review. -- The property owner, Tax
Commissioner, protestor or intervenor may request the county
commission to certify the evidence and remove and return the
record to the circuit court of the county on a writ of
certiorari. Parties to the proceeding wherein review by the
circuit court is sought shall pay costs and fees as they are
incurred:
Provided, That the circuit court upon rendering
judgment or making any order may award costs to any party in
accordance with the provisions of W. Va. Code §53-3-5."
(i) The legislative rules filed in the state register on the
twenty-sixth day of March, one thousand nine hundred eighty-six,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twelfth day of February, one thousand nine
hundred eighty-seven, relating to the state tax commissioner
(administrative review of appraisals by the state tax
commissioner), are authorized.
(j) The legislative rules filed in the state register on the
eighteenth day of August, one thousand nine hundred eighty-six,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twelfth day of February, one thousand nine
hundred eighty-seven, relating to the state tax commissioner
(additional review and implementation of property appraisals),
are authorized.
(k) The legislative rules filed in the state register on the
eleventh day of August, one thousand nine hundred eighty-six,
relating to the state tax commissioner (guidelines for assessors
to assure fair and uniform personal property values), are
authorized.
(l) The legislative rules filed in the state register on the
eighteenth day of August, one thousand nine hundred eighty-six,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the tenth day of December, one thousand nine
hundred eighty-six, relating to the state tax commissioner
(registration of transient vendors), are authorized.
(m) The legislative rules filed in the state register on the
fourth day of February, one thousand nine hundred eighty-six,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the fourteenth day of January, one thousand
nine hundred eighty-seven, relating to the state tax commissioner
(business and occupation tax), are authorized.
(n) The legislative rules filed in the state register on thefourteenth day of August, one thousand nine hundred eighty-seven,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the fourth day of November, one thousand nine
hundred eighty-seven, relating to the state tax commissioner
(telecommunications tax), are authorized.
(o) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-seven,
relating to the state tax commissioner (business franchise tax),
are authorized.
(p) The legislative rules filed in the state register on the
seventeenth day of August, one thousand nine hundred eighty-
seven, modified by the state tax commissioner to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of
January, one thousand nine hundred eighty-eight, relating to the
state tax commissioner (consumers sales and service tax and use
tax), are authorized.
(q) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-seven,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the thirteenth day of January, one thousand
nine hundred eighty-eight, relating to the state tax commissioner
(appraisal of property for periodic statewide reappraisals for ad
valorem property tax purposes), are authorized.
(r) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-seven,modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twelfth day of January, one thousand nine
hundred eighty-eight, relating to the state tax commissioner
(severance tax), are authorized.
(s) The legislative rules filed in the state register on the
second day of September, one thousand nine hundred eighty-eight,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-fourth day of February, one thousand
nine hundred eighty-nine, relating to the state tax commissioner
(solid waste assessment fee), are authorized.
(t) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred eighty-eight,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-first day of September, one thousand
nine hundred eighty-eight, relating to the state tax commissioner
(electronic data processing system network for property tax
administration), are authorized.
(u) The legislative rules filed in the state register on the
nineteenth day of September, one thousand nine hundred eighty-
eight, modified by the state tax commissioner to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
February, one thousand nine hundred eighty-nine, relating to the
state tax commissioner (exemption of property from ad valorem
property taxation), are authorized.
(v) The legislative rules filed in the state register on the
sixteenth day of September, one thousand nine hundred eighty-
eight, modified by the state tax commissioner to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the thirteenth day of January,
one thousand nine hundred eighty-nine, relating to the state tax
commissioner (consumers sales and service tax and use tax), are
authorized.
(w) The legislative rules filed in the state register on the
twenty-third day of June, one thousand nine hundred eighty-nine,
relating to the state tax department (personal income tax), are
authorized.
(x) The legislative rules filed in the state register on the
twenty-ninth day of June, one thousand nine hundred eighty-nine,
relating to the state tax department (severance tax), are
authorized.
(y) The legislative rules filed in the state register on the
fourth day of August, one thousand nine hundred eighty-nine,
modified by the state tax department to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eleventh day of December, one thousand nine
hundred eighty-nine, relating to the state tax department (solid
waste assessment fee), are authorized.
(z) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-nine,
modified by the department of tax and revenue to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twelfth day of December, onethousand nine hundred eighty-nine, relating to the department of
tax and revenue (business franchise tax), are authorized.
(aa) The legislative rules filed in the state register on
the eleventh day of August, one thousand nine hundred
eighty-nine, modified by the department of tax and revenue to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the eleventh day
of December, one thousand nine hundred eighty-nine, relating to
the department of tax and revenue (business and occupation tax),
are authorized.
(bb) The legislative rules filed in the state register on
the fourteenth day of August, one thousand nine hundred
eighty-nine, modified by the department of tax and revenue to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the nineteenth day
of January, one thousand nine hundred ninety, relating to the
department of tax and revenue (consumers sales and service tax
and use tax), are authorized with the amendments set forth below:
On page eight, Section 2.28, after the word "as" by
inserting the words "art, science,".
On pages eight and nine, Section 2.28.1, after the word
"intellectual" by deleting the word "or" and inserting in lieu
thereof the words "physical and".
On page nine, Section 2.28.2, by deleting the words "or
instruction."
On page nine, Section 2.28.2, after the word "training" by
adding the word "or".
On page nine, Section 2.28.2, by deleting the words "or anyportion of a school curriculum classified as physical education."
On page nine, by deleting all of Section 2.28.2.1.
On page nine, Section 2.28.2.2, by deleting the section
number.
On page nine, Section 2.28.2.2, by deleting the words "or
instruction."
On page nine, Section 2.28.2.2, after the word "training" by
adding the word "or".
On page nine, Section 2.28.2.2, after the word
"conditioning" by inserting a period and striking the remainder
of the sentence.
On page one hundred twelve, Section 59.2, after the words
"sales of the service of cremation" by adding the words "sales on
perpetual care trust fund deposits."
And,
On page one hundred twenty-eight, Section 91.2, after the
words "include food" by inserting the following: ", as defined
in section 2.30 of this rule,".
(cc) The legislative rules filed in the state register on
the eleventh day of August, one thousand nine hundred
eighty-nine, modified by the department of tax and revenue to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the eleventh day
of December, one thousand nine hundred eighty-nine, relating to
the department of tax and revenue (motor carrier road tax), are
authorized.
(dd) The legislative rules filed in the state register on
the eleventh day of August, one thousand nine hundredeighty-nine, modified by the department of tax and revenue to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the eleventh day
of December, one thousand nine hundred eighty-nine, relating to
the department of tax and revenue (gasoline and special fuel
excise tax), are authorized.
(ee) The legislative rules filed in the state register on
the eleventh day of August, one thousand nine hundred
eighty-nine, modified by the department of tax and revenue to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the eleventh day
of December, one thousand nine hundred eighty-nine, relating to
the department of tax and revenue (corporation net income tax),
are authorized.
(ff) The legislative rules filed in the state register on
the eleventh day of August, one thousand nine hundred
eighty-nine, modified by the department of tax and revenue to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the eleventh day
of December, one thousand nine hundred eighty-nine, relating to
the department of tax and revenue (soft drinks tax), are
authorized.
(gg) The legislative rules filed in the state register on
the twenty-first day of February, one thousand nine hundred
ninety-one, relating to the state tax commissioner (business
investment and jobs expansion tax credit, corporations
headquarters relocation tax credit, and small business tax
credit), are authorized.
(hh) The legislative rules filed in the state register on
the twentieth day of December, one thousand nine hundred ninety,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-sixth day of April, one thousand
nine hundred ninety-one, relating to the state tax commissioner
(valuation of timberland and managed timberland), are authorized.
(ii) The legislative rules filed in the state register on
the twenty-second day of April, one thousand nine hundred
ninety-one, modified by the state tax commissioner to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of September,
one thousand nine hundred ninety-one, relating to the state tax
commissioner (bingo rules and regulations), are authorized.
(jj) The legislative rules filed in the state register on
the thirty-first day of July, one thousand nine hundred
ninety-one, modified by the state tax commissioner to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of September,
one thousand nine hundred ninety-one, relating to the state tax
commissioner (property transfer tax), are authorized.
(kk) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the division of tax to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventh day of January, one thousand nine hundred
ninety-two, relating to the division of tax (municipal business
and occupation tax), are authorized with the amendments set forthbelow:
On page forty-six, section 2g, by striking out all of
subsection 2g.3;
And,
On pages forty-six and forty-seven, by renumbering the
remaining subsections.
(ll) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the division of tax to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the tenth day of January, one thousand nine hundred
ninety-two, relating to the division of tax (soft drinks tax),
are authorized with the amendments set forth below:
On page six, subsection 5.2, in the section heading, by
striking out the word "breakfast" and inserting in lieu thereof
"certain bottled";
And,
On page six, subsection 5.2, after the word "mixes" by
inserting the words "low-alcoholic brewed beverages such as near
beer."
(mm) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the division of tax to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the tenth day of January, one thousand nine hundred
ninety-two, relating to the division of tax (corporation net
income tax), are authorized with the amendment set forth below:
On page twelve, subdivision 6.4.3, by striking out all ofsubdivision 6.4.3.
(nn) The legislative rules filed in the state register on
the eighteenth day of June, one thousand nine hundred ninety-one,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the tenth day of January, one thousand nine
hundred ninety-two, relating to the state tax commissioner
(appraisal of producing and reserve oil and natural gas property
for periodic statewide reappraisals for ad valorem property tax
purposes), are authorized.
(oo) The legislative rules filed in the state register on
the ninth day of August, one thousand nine hundred ninety-one,
modified by the state tax commissioner to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the tenth day of January, one thousand nine
hundred ninety-two, relating to the state tax commissioner
(severance tax), are authorized.
(pp) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the division of tax to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the tenth day of January, one thousand nine hundred
ninety-two, relating to the division of tax (business franchise
tax), are authorized.
(qq) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the division of tax to meet the objections of the
legislative rule-making review committee and refiled in the stateregister on the tenth day of January, one thousand nine hundred
ninety-two, relating to the division of tax (exceptions to
confidentiality of taxpayer information and disclosure of certain
taxpayer information), are authorized.
(rr) The legislative rules filed in the state register on
the ninth day of August, one thousand nine hundred ninety-one,
modified by the division of tax to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the thirteenth day of January, one thousand nine
hundred ninety-two, relating to the division of tax (consumers
sales and service tax and use tax), are authorized with the
amendments set forth below:
On page six, by deleting all of subdivisions 2.25.2 and
2.25.4;
On page six, subsection 2.25 by renumbering the remaining
subdivisions;
On page forty-five, paragraph 8.1.1.1, after the words
"licensed social workers", by inserting "enrolled agents,
professional foresters,";
On page forty-five, paragraph 8.1.1.1, after the word
"electricians", by striking out the words "enrolled agents";
On page forty-five, paragraph 8.1.1.1, after the word
"musicians" by striking out the word "auctioneers,";
On page fifty-six, subdivision 9.2.19, after the word "laws"
by striking out the colon and inserting the following ", such as,
for example, sales by credit unions under W. Va. Code §31-10-33
the sale of services by owners, trainers or jockeys which are
essential to the effective conduct of a horse or dog racingmeeting under W. Va. Code §19-23-12, or the commission of an
auctioneer licensed under W. Va. Code §19-2C-1 et seq.:";
On page one hundred five, subsection 33.5, by striking out
the words "child care";
On page one hundred ten, subsection 38.1 after the words
"daily charge.", by inserting the following sentence: "The daily
charge subject to the consumers sales and service tax does not
include complimentary items such as shampoo, coffee and
newspapers given to guests by hotels and motels.";
On page one hundred forty-three, subsection 86.1, after the
word "auctioneer" by inserting the following "licensed under W.
Va. Code §19-2C-1 et seq.";
On page one hundred forty-three, subsection 86.1, after the
word "is" by inserting the word "not";
On page one hundred forty-three, subsection 86.2 after the
word "tax" by inserting the following "on the full sales price of
the sales";
On page one hundred forty-three, subsection 86.3, in the
last sentence after the word "services" by inserting the
following "by an auctioneer not licensed in accordance with the
W. Va. Code §19-2C-1 et. seq.";
On page one hundred forty-three, subsection 86.3, in the
last sentence after the word "sold" by striking out the period
and adding the following ":
Provided, That an auctioneer
licensed in accordance with W. Va. Code §19-2C-1 et seq. is not
required to collect sales tax on such fees or commissioners.";
And,
On page one hundred forty-three, subsection 86.4, bystriking out the first sentence and inserting, in lieu thereof,
the following sentence: "An auctioneer is taxable on all of his
or her purchases except purchases for resale."
(ss) The legislative rules filed in the state register on
the eighteenth day of September, one thousand nine hundred
ninety-two, relating to the division of tax (bingo), are
authorized.
ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO
PROMULGATE LEGISLATIVE RULES.
§64-8-2. Division of motor vehicles.
(a) The legislative rules filed in the state register on the
second day of December, one thousand nine hundred eighty-two,
relating to the commissioner of motor vehicles (denial of driving
privileges), are authorized with the amendments set forth below:
By inserting the words "licensed in the United States" after
the phrase "physician of the applicant's choice," on page five,
line two, and page seven, line one; and by striking out the words
"licensed vision specialist" and inserting in lieu thereof the
words "an optometrist or ophthalmologist licensed in the United
States," on page five, line three, and on page seven, line two.
(b) The legislative rules filed in the state register on the
ninth day of November, one thousand nine hundred eighty-three,
relating to the commissioner of motor vehicles (driving under the
influence, driver's license revocation administrative hearings),
are authorized.
(c) The legislative rules filed in the state register on the
fifteenth day of December, one thousand nine hundred eighty-
three, relating to the department of motor vehicles (safety andtreatment program), are authorized.
(d) The legislative rules filed in the state register on the
sixteenth day of June, one thousand nine hundred eighty-three,
relating to the commissioner of motor vehicles (compulsory
insurance), are authorized.
(e) The legislative rules filed in the state register on the
twentieth day of November, one thousand nine hundred eighty-four,
relating to the commissioner of motor vehicles (titling a
vehicle), are authorized.
(f) The legislative rules filed in the state register on the
tenth day of September, one thousand nine hundred eighty-four,
modified by the commissioner of motor vehicles to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifth day of October, one
thousand nine hundred eighty-four, relating to the commissioner
of motor vehicles (compulsory motor vehicle liability insurance),
are authorized.
(g) The legislative rules filed in the state register on the
fifth day of August, one thousand nine hundred eighty-five,
modified by the commissioner of motor vehicles to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fourth day of October, one
thousand nine hundred eighty-five, relating to the commissioner
of motor vehicles (eligibility for reinstatement following
suspension or revocation of driving privileges), are authorized.
(h) The legislative rules filed in the state register on the
fifth day of August, one thousand nine hundred eighty-five,
relating to the commissioner of motor vehicles (theadministration and enforcement of motor vehicle inspections), are
authorized.
(i) The legislative rules filed in the state register on the
twenty-fifth day of July, one thousand nine hundred eighty-six,
modified by the commissioner of motor vehicles to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the ninth day of October, one
thousand nine hundred eighty-six, relating to the commissioner of
motor vehicles (seizure of a driver's license and issuance of a
temporary driver's license), are authorized.
(j) The legislative rules filed in the state register on the
twenty-fifth day of July, one thousand nine hundred eighty-six,
modified by the commissioner of motor vehicles to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the ninth day of October, one
thousand nine hundred eighty-six, relating to the commissioner of
motor vehicles (federal safety standards inspection program), are
authorized.
(k) The legislative rules filed in the state register on the
seventeenth day of August, one thousand nine hundred eighty-
seven, modified by the commissioner of motor vehicles to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of
September, one thousand nine hundred eighty-seven, relating to
the commissioner of motor vehicles (denial, suspension,
revocation or nonrenewal of driving privileges), are authorized
with the amendments set forth below:
On page 7, section 7.2 after the words "75 m.p.h.", add thewords "except on highways where the established speed limit is 65
m.p.h., and conviction was in excess of 80 m.p.h.,"
And,
On page 14, section 8.1 by inserting the words "not to
exceed fifteen hours" after the word "course" and in section 8.2
by inserting the words "not to exceed fifteen hours" after the
word "course".
(l) The legislative rules filed in the state register on the
twenty-second day of November, one thousand nine hundred eighty-
eight, modified by the commissioner of motor vehicles to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of January,
one thousand nine hundred eighty-nine, relating to the
commissioner of motor vehicles (denial, suspension, revocation or
nonrenewal of driving privileges), are authorized.
(m) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred ninety-one,
modified by the division of motor vehicles to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-sixth day of September, one
thousand nine hundred ninety-one, relating to the division of
motor vehicles (denial, suspension, revocation or nonrenewal of
driving privileges), are authorized with the amendment set forth
below:
"On page nine, after the words "Following too closely", by
striking out the number "3" and inserting in lieu thereof the
number "2".
(n) The legislative rules filed in the state register on thefifteenth day of September, one thousand nine hundred ninety-two,
modified by the division of motor vehicles to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the seventeenth day of November, one
thousand nine hundred ninety-two, relating to the division of
motor vehicles (motor vehicle dealers, wreckers/ dismantlers/
rebuilders and license services), are authorized.
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS
TO PROMULGATE LEGISLATIVE RULES.
§64-9-1. Commissioner of agriculture.
(a) The legislative rules filed in the state register on the
sixth day of April, one thousand nine hundred eighty-three,
relating to the commissioner of agriculture (schedule of charges
for inspection services: fruit), are authorized.
(b) The legislative rules filed in the state register on the
third day of August, one thousand nine hundred eighty-three,
relating to the commissioner of agriculture (licensing of
auctioneers), are authorized.
(c) The legislative rules filed in the state register on the
eighth day of February, one thousand nine hundred eighty-four,
relating to the commissioner of agriculture (conduct of beef
industry self-improvement assessment program referendum), are
authorized.
(d) The legislative rules filed in the state register on the
fourth day of June, one thousand nine hundred eighty-four,
relating to the commissioner of agriculture (feeding untreated
garbage to swine), are authorized.
(e) The legislative rules filed in the state register on thefourth day of June, one thousand nine hundred eighty-four,
relating to the commissioner of agriculture (registration,
taxation and control of dogs), are authorized.
(f) The legislative rules filed in the state register on the
first day of November, one thousand nine hundred eighty-four,
relating to the commissioner of agriculture (public markets), are
authorized.
(g) The legislative rules filed in the state register on the
tenth day of September, one thousand nine hundred eighty-four,
relating to the commissioner of agriculture (noxious weed rules),
are authorized.
(h) The legislative rules filed in the state register on the
fourth day of June, one thousand nine hundred eighty-four,
relating to the commissioner of agriculture (animal disease
control), are authorized.
(i) The legislative rules filed in the state register on the
fifth day of January, one thousand nine hundred eighty-four,
relating to the commissioner of agriculture (use of certain
picloram products), are authorized.
(j) The legislative rules filed in the state register on the
eighth day of March, one thousand nine hundred eighty-five,
relating to the commissioner of agriculture (increasing certain
fees by rules and regulations), are authorized.
(k) The legislative rules filed in the state register on the
thirteenth day of January, one thousand nine hundred eighty-six,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the thirty-first day of January,one thousand nine hundred eighty-six, relating to the
commissioner of agriculture (licensing of livestock dealers), are
authorized.
(l) The legislative rules filed in the state register on the
eighteenth day of June, one thousand nine hundred eighty-six,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifth day of January, one
thousand nine hundred eighty-seven, relating to the commissioner
of agriculture (West Virginia pesticide use and application act),
are authorized.
(m) The legislative rules filed in the state register on the
eighteenth day of August, one thousand nine hundred eighty-six,
modified by the director of the division of forestry of the
department of agriculture to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifth day of January, one thousand nine hundred
eighty-seven, relating to the director of the division of
forestry of the department of agriculture (ginseng), are
authorized.
(n) The legislative rules filed in the state register on the
tenth day of April, one thousand nine hundred eighty-seven,
relating to the commissioner of agriculture (schedule of charges
for inspection services: fruit), are authorized.
(o) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-seven,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the eighth day of September, one
thousand nine hundred eighty-seven, relating to the commissioner
of agriculture (animal disease control), are authorized.
(p) The legislative rules filed in the state register on the
fifteenth day of September, one thousand nine hundred eighty-
eight, relating to the commissioner of agriculture (sale and
distribution of commercial fertilizer), are authorized.
(q) The legislative rules filed in the state register on the
fifteenth day of September, one thousand nine hundred eighty-
eight, modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-sixth day of October,
one thousand nine hundred eighty-eight, relating to the
commissioner of agriculture (animal disease control), are
authorized.
(r) The legislative rules filed in the state register on the
fifteenth day of May, one thousand nine hundred eighty-nine,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of August,
one thousand nine hundred eighty-nine, relating to the
commissioner of agriculture (production of milk and cream for
manufacturing purposes), are authorized.
(s) The legislative rules filed in the state register on the
seventh day of August, one thousand nine hundred eighty-nine,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of October,one thousand nine hundred eighty-nine, relating to the
commissioner of agriculture (animal disease control), are
authorized.
(t) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the commissioner of agriculture to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifth day of October, one thousand nine hundred
ninety, relating to the commissioner of agriculture (meat
inspection), are authorized.
(u) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the commissioner of agriculture to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the third day of October, one thousand nine hundred
ninety, relating to the commissioner of agriculture (agricultural
liming materials), are authorized.
(v) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the commissioner of agriculture to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the third day of October, one thousand nine hundred
ninety, relating to the commissioner of agriculture (public
markets), are authorized.
(w) The legislative rules filed in the state register on the
nineteenth day of September, one thousand nine hundred ninety,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the ninth day of November, one
thousand nine hundred ninety, relating to the commissioner of
agriculture (animal disease control), are authorized.
(x) The legislative rules filed in the state register on the
eighth day of August, one thousand nine hundred ninety-one,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
September, one thousand nine hundred ninety-one, relating to the
commissioner of agriculture (commercial feed), are authorized
with the amendments set forth below:
On page two, after subsection 3.3., by adding a new
subsection, designated subsection 3.4., to read as follows:
"3.4. The commissioner will not assess a tonnage fee on any
commercial feed or feed ingredients used in the manufacture of
poultry contract feed.";
On page five, after subsection 4.3.m., by adding a new
subsection, designated subsection 4.3.n., to read as follows:
"4.3.n. The commissioner will consider poultry contract
feed to be customer-formula feed.";
And,
On page eight, after subsection 5.5., by adding a new
subsection, designated subsection 5.6., to read as follows:
"5.6. Poultry contract feed labels shall conform to the
requirements of W. Va. Code §19-14-8(d), except that:
5.6.a. The name of the grower or feeder will substitute for
the requirements for the name of the purchaser; and,
5.6.b. The net weight (avoir dupois) of the commercial feedand each feed ingredient used in the feed shall not be required
to be listed."
(y) The legislative rules filed in the state register on the
fourth day of June, one thousand nine hundred ninety-one,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the second day of August, one
thousand nine hundred ninety-one, relating to the commissioner of
agriculture (wood destroying insect treatment standards), are
authorized.
(z) The legislative rules filed in the state register on the
twentieth day of December, one thousand nine hundred ninety,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the thirtieth day of April, one
thousand nine hundred ninety-one, relating to the commissioner of
agriculture (fee structure for the pesticide control act of
1990), are authorized.
(aa) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twelfth day of November, one
thousand nine hundred ninety-one, relating to the commissioner of
agriculture (animal disease control), are authorized.
(bb) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the commissioner of agriculture to meet theobjections of the legislative rule-making review committee and
refiled in the state register on the tenth day of September, one
thousand nine hundred ninety-one, relating to the commissioner of
agriculture (West Virginia plant pest act), are authorized.
(cc) The legislative rules filed in the state register on
the twenty-sixth day of July, one thousand nine hundred
ninety-one, modified by the commissioner of agriculture to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the sixteenth day of
October, one thousand nine hundred ninety-one, relating to the
commissioner of agriculture (licensing of pesticide businesses),
are authorized.
(dd) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the second day of October, one
thousand nine hundred ninety-one, relating to the commissioner of
agriculture (certified pesticide applicators), are authorized.
(ee) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
September, one thousand nine hundred ninety-one, relating to the
commissioner of agriculture (assessment of civil penalties and
procedures for consent agreements and negotiated settlements),
are authorized.
(ff) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
September, one thousand nine hundred ninety-one, relating to the
commissioner of agriculture (aerial application of herbicides to
rights-of-way), are authorized.
(gg) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
September, one thousand nine hundred ninety-one, relating to the
commissioner of agriculture (frozen desserts and imitation frozen
desserts), are authorized, with the amendment set forth below:
On page twelve, by striking out all of section 15 and
substituting a new section 15, to read as follows:
§61-4B-15. Enforcement policy.
15.1. The commissioner may assess a violation of W. Va.
Code §19-11B-1 et seq. or of these rules against the manufacturer
of product and/or the distributor of the mix used to manufacture
the product.
15.2. The commissioner will assess any violations of W. Va.
Code §19-11B-1 et seq. or of this rule to the distributor for mix
sampled from unopened containers. The company will not be
assessed additional cumulative notices of violations until the
commissioner has determined that the firm has had adequate noticeof the previous notice, generally 10 days from the mailing of the
notice of violation.
15.3. Whenever one of the last five consecutive official
product sample(s) taken on separate days within a one year period
are found to be adulterated or misbranded, the commissioner shall
send a written "First Notice" to the manufacturer or distributor
whichever is appropriate. This notice shall notify the
manufacturer or distributor of the violation of W. Va. Code §19-
11B-1 et seq. or of these rules and the enforcement policy
established by this section of the rule.
15.4. Whenever two of the last five consecutive official
product sample(s) taken on separate days within a one year period
are found to be adulterated or misbranded the commissioner shall
send a written "Second Notice" to the manufacturer or distributor
whichever is appropriate.
15.4.a. The commissioner shall collect additional official
product sample(s) within 21 days of the sending of a Second
Notice to the manufacturer or distributor, but shall not collect
product samples before the lapse of 7 days from the sending of a
Second Notice.
15.5. Whenever three of the last five consecutive official
product sample(s) taken on separate days within a one year period
are found to be adulterated or misbranded the commissioner shall
send a written "Third Notice" to the manufacturer or distributor
whichever is appropriate.
15.5.a. The commissioner shall collect additional official
product sample(s) within 21 days of the sending of the Third
Notice to the manufacturer or distributor, but shall not collectadditional product samples before the lapse of 7 days from the
date of sending of the notice.
15.6. The commissioner will issue a "Shut-down Order" for
a period of 24 hours to a manufacturer or distributor when the
record of the firm indicates that effective action has not been
taken to correct the causes of the violations, for instance when
three out of the last five samples from the same machine are
violative. The "Shut-down Order" will normally be issued with
the "Third Notice". The "Shut-down Order" will give the reasons
for the order, state the portion of the manufacturing or
distributing operation that is prohibited from operating while
the order is in effect, give conditions of the order, state the
length of time that the Shut-down Order will be in effect and
specify a time and place for a hearing to be held in this matter.
Except that in the case where the public health, safety or
welfare is at risk, the commissioner will issue an immediate
Shut-down Order and give notice to the manufacturer or
distributor under the provisions of subdivision 15.6.a. of this
rule.
15.6.a. The commissioner will issue an immediate Shut-down
Order without giving the manufacturer or distributor the
opportunity to be heard where there is a hazard to the public
health, safety or welfare. In these cases, the manufacturer or
distributor will be given the opportunity to request a hearing
before the commissioner after the notification of the order is
received by the manufacturer or distributor. All Shut-down
Orders issued due to noncompliance with subdivisions 8.1.c.,
8.1.d. or 8.1.g. of this rule are considered to involve a risk tothe public health, safety or welfare.
15.6.b. The manufacturer or distributor will be responsible
for causing all operations covered by the Shut-down Order to
cease and follow all other conditions of the order. At the end
of the period of the order, the manufacturer or distributor may
resume operations without further action by the commissioner.
15.7. If after a Shut-down Order has been issued the
commissioner finds that effective corrective action has not been
taken, he may issue a suspension of the Frozen Desserts
Manufacturer Permit. The suspension shall state the time that
the suspension will become effective, give the reasons for the
suspension and specify a time and place for a hearing to be held
in this matter. Except that in the case of a summary suspension
the commissioner will give the manufacturer the opportunity to
request a hearing in this matter subsequent to the notification
of the suspension.
15.7.a. All suspensions due to nonconformance to
subdivisions 8.1.c., 8.1.d. or 8.1.g. of this rule are summary
suspensions.
15.7.b. A suspension of the Frozen Desserts Manufacturer
Permit remains in effect until the manufacturer submits and the
commissioner accepts a written plan of correction and a request
for a reinstatement of the permit.
15.7.c. The commissioner has seven days from the date of
receipt of this application to respond to a suspension in the
case of violations of subdivisions 8.1.c., 8.1.d. or 8.1.g. of
this rule and fourteen days to respond for all other violations
of W. Va. Code §19-11B-1 et seq. or these rules. Thecommissioner will accept or deny the application for a
reinstatement of the permit and will give the terms and
conditions under which the permit will be reinstated.
15.8. If the commissioner finds that after the firm has
resumed production following a suspension of their Frozen
Desserts Manufacturer Permit that effective corrective action has
not been taken, then the commissioner will hold a hearing to
determine if the Frozen Desserts Manufacturer Permit should be
revoked.
15.9. Persons who manufacture a product on an intermittent
or infrequent basis, so that the standard enforcement policy
cannot apply, will enter into a consent agreement with the
commissioner for correction of all items found to be not in
conformance with W. Va. Code §19-11B-1 et seq. or these rules.
15.10. Whenever an antibiotic or pesticide residue test is
found to be above tolerance, the commissioner shall notify the
manufacturer and/or distributor immediately of this fact and
shall begin an investigation to determine the cause of the
residue. The commissioner shall require that any person found to
be responsible for the residue shall correct the cause of the
residue prior to the resumption of the manufacturing or
distribution of the product.
15.11. A person who performs a recall by voluntarily
removing product from sale and distribution in an effective
manner so as to limit the potential harm to the health and well-
being of the public may be eligible for exemptions from the
normal enforcement policy. The commissioner shall consider the
facts of each case when making a decision on an exemption.
15.12. The commissioner may apply the enforcement policy in
a liberal manner in cases where all official product sample
results that involve a product in the form actually sold to the
public have been found to be in conformance with W. Va. Code §19-
11B-1 et seq. or these rules.
15.13. The commissioner may suspend the standard
enforcement policy in cases where such action is necessary to
protect the public health, safety or welfare.
15.14. Resamples will only be taken from machines that were
shown to be producing violative product the previous visit,
except for resamples needed to check that the nonviolative status
is being maintained according to the following schedule:
15.14.a. After a first notice and one nonviolative sample,
resamples will be taken between 5 to 6 months after the
nonviolative sample.
15.14.b. After a second notice and one nonviolative sample,
resamples will be taken between 3-4 months after the nonviolative
sample.
15.14.c. Other resamples may be considered necessary to
determine that the nonviolative status is being maintained."
(hh) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
September, one thousand nine hundred ninety-one, relating to the
commissioner of agriculture (West Virginia apiary law of 1991),
are authorized.
(ii) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
September, one thousand nine hundred ninety-one, relating to the
commissioner of agriculture (disposal of dead poultry), are
authorized with the amendments set forth below:
On page two, section two, by adding a new subsection to read
as follows:
"2.8 "Disposal pit" means an opening dug in the ground to a
minimum depth of six feet, containing a minimum capacity of 150
cubic fee, covered with a minimum of 12 inches of dirt, and
provided with one or more openings for the introduction of
poultry. The openings shall be a minimum size of eight inches
square and equipped with tight lids. A disposal pit shall be
located in a site which will prevent contamination of the
groundwater or the surface water. This site should conform to
the standards established in this rule."
On page two, subsection 3.1 after the word "incinerator," by
adding the words "disposal pit,"
And,
On page two, by adding a new section, designated section 4,
to read as follows:
"§61-1C-4. Standards for Site Location for Disposal Pits.
4.1 No part of a disposal pit system shall be located in a
poorly drained or filled area, or in any area where seasonal
flooding occurs.
4.2 No part of a disposal pit system shall be located within
10 feet of a building, foundation or property line.
4.3 No part of a disposal pit system shall be located within
50 feet of a public water supply line or within 10 feet of a
private water supply system.
4.4 A disposal pit shall be located at least 50 feet from a
private well or groundwater supply.
4.5 There shall be a minimum of three feet between the
bottom of a disposal pit and seasonal groundwater or rock, shale
or any other impermeable layer.
4.6 The evaluation of the site for installation of a
disposal pit shall be based upon percolation test results.
Percolation tests shall be performed in the following manner:
4.6.1 Location - At least two holes shall be placed over the
selected site. The results of these two test holes will be
averaged.
4.6.2 Holes shall be dug or bored from six to eight inches
in diameter at the site where the disposal pit will be installed.
The holes should be at least 24 inches in depth.
4.6.3 The bottom and sides of the holes shall be scratched
with a sharp pointed instrument or wire brush to remove any
smeared soil surfaces which interfere with the absorption of
water into the soil.
4.6.4 Loose dirt shall be removed from the bottom of the
test holes and two inches of coarse sand or fine gravel shall be
placed into the holes to prevent sealing.
4.6.5 An eight or ten penny nail shall be placed in the wall
of each hole exactly six inches above the level of sand orgravel.
4.6.6 The test hole shall be completely filled with water to
ground level. Water in the hole shall be kept to a depth of at
least 12 inches for a minimum period of four hours before
beginning the percolation rate measurement.
4.7 Percolation rate measurement - Upon completion of the
above, the water depth in the holes shall be adjusted to the
level of the nail. The number of minutes it takes for this six
inches of water (all the water) to be absorbed into the soil
shall be accurately determined. This time in minutes, divided by
six, gives the rate of fall per inch. The average rate of fall
must be between five minutes and 60 minutes."
(jj) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred ninety-one,
modified by the commissioner of agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
September, one thousand nine hundred ninety-one, relating to the
commissioner of agriculture (licensing of livestock dealers), are
authorized.
(kk) The legislative rules filed in the state register on
the fifteenth day of September, one thousand nine hundred
ninety-two, modified by the commissioner of agriculture to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the eighteenth day of
November, one thousand nine hundred ninety-two, relating to the
commissioner of agriculture (commercial feed), are authorized.
(ll) The legislative rules filed in the state register onthe fifteenth day of September, one thousand nine hundred
ninety-two, modified by the commissioner of agriculture to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the nineteenth day of
February, one thousand nine hundred ninety-three, relating to the
commissioner of agriculture (general groundwater protection rules
for fertilizers and manures), are authorized.
(mm) The legislative rules filed in the state register on
the fifteenth day of September, one thousand nine hundred
ninety-two, modified by the commissioner of agriculture to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the nineteenth day of
February, one thousand nine hundred ninety-three, relating to the
commissioner of agriculture (primary and secondary containment of
fertilizers), are authorized with the amendments set forth below:
"On page five, by striking out all of subsection 5.5 and
inserting in lieu thereof a new subsection 5.5 to read as
follows: 'The operator or his licensed representative shall sign
and date each application under oath.'; and
On page eighteen, by striking out all of subsection 14.1 and
inserting in lieu thereof a new subsection 14.1 to read as
follows:
'All moneys for the purpose of the enforcement and
administration of this rule shall come from general revenue funds
appropriated by the legislature for that purpose. The net
proceeds of civil penalties collected pursuant to W.Va. Code
§20-5M-10a or any civil administrative penalties collected
pursuant to W.Va. Code §20-5M-10c will be deposited in thegroundwater remediation fund established in W.Va. Code §20-5M-1.
et. seq.'".
(nn) The legislative rules filed in the state register on
the fifteenth day of September, one thousand nine hundred
ninety-two, modified by the commissioner of agriculture to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the nineteenth day of
February, one thousand nine hundred ninety-three, relating to the
commissioner of agriculture (general groundwater protection rules
for pesticides), are authorized.
(oo) The legislative rules filed in the state register on
the fifteenth day of September, one thousand nine hundred
ninety-two, modified by the commissioner of agriculture to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the nineteenth day of
February, one thousand nine hundred ninety-three, relating to the
commissioner of agriculture (bulk pesticide operational rules),
are authorized.
(pp) The legislative rules filed in the state register on
the fifteenth day of September, one thousand nine hundred
ninety-two, modified by the commissioner of agriculture to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the nineteenth day of
February, one thousand nine hundred ninety-three, relating to the
commissioner of agriculture (non-bulk pesticide rules for
permanent operational areas), are authorized.
§64-9-12. West Virginia state board of registration for
professional engineers.
(a) The legislative rules filed in the state register on the
twenty-ninth day of November, one thousand nine hundred eighty-
five, modified by the West Virginia state board of registration
for professional engineers to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-eighth day of January, one thousand nine
hundred eighty-six, relating to the West Virginia state board of
registration for professional engineers (legislative rules
governing the West Virginia state board of registration for
professional engineers), are authorized.
(b) The legislative rules filed in the state register on the
twenty-third day of December, one thousand nine hundred eighty-
seven, modified by the West Virginia state board of registration
for professional engineers to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-ninth day of January, one thousand nine
hundred eighty-eight, relating to the West Virginia state board
of registration for professional engineers (rules of the West
Virginia state board of registration for professional engineers),
are authorized.
(c) The legislative rules filed in the state register on the
first day of October, one thousand nine hundred ninety, modified
by the West Virginia board of registered professional engineers
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the seventeenth
day of January, one thousand nine hundred ninety-one, relating to
the West Virginia board of registered professional engineers
(regulations governing the board of registration for registeredprofessional engineers), are authorized.
(d) The legislative rules filed in the state register on the
twelfth day of November, one thousand nine hundred ninety-two,
modified by the board of registration for registered professional
engineers to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
twenty-third day of February, one thousand nine hundred
ninety-three, relating to the board of registration for
professional engineers (West Virginia board of registration for
professional engineers), are authorized with the amendment set
forth below:
"On page thirty-five, by striking out all of subsection 19.6
and inserting in lieu thereof a new subsection 19.6 to read as
follows:
"19.6 The fees for various services provided by the Board
are:
EngineerProfessional
Intern Engineer
____________________
Application Fee:$25.00$40.00
Examination Fees:
Board's Administration Charge:$20.00$20.00
NCEES' Examination Charge: As charged by NCEES
Registration Fee:$25.00
Annual Renewal Fee For:
a Professional Engineer:$35.00
a Professional Engineer-Retired:$25.00
Certificate of Authorization:
Application Fee for Firms or
Organizations with three
Professional Engineers or Less:$10.00
Renewal Fee for Firms or
Organizations with three
Professional Engineers or Less:$5.00
Application Fee for Firms or
Organizations with more than
four Professional Engineers:$60.00
Renewal Fee for Firms or
Organizations with more than
four Professional Engineers$30.00
Comity Application Fee:$120.00
Temporary Permit:$200.00
Roster Fee: -------$10.00-------
Replacement Certificates: -------$20.00-------
Return Check Fee: -------$15.00-------"
§64-9-16. Board of medicine.
(a) The legislative rules filed in the state register on the
twelfth day of May, one thousand nine hundred eighty-three,
relating to the board of medicine (licensing, disciplinary and
complaint procedures; podiatry; physicians assistants), are
authorized with the modifications set forth below:
"§24.12.
(b) It shall be the responsibility of the supervising
physician to obtain consent in writing from the patient before
Type A physician assistants employed in a satellite clinic may
render general medical or surgical services, except in
emergencies.
§24.16.
(a) No physician assistant shall render nonemergency
outpatient medical services until the patient has been informed
that the individual providing care is a physician assistant."
(b) The legislative rules filed in the state register on the
twenty-sixth day of November, one thousand nine hundred eighty-
five, modified by the board of medicine to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the seventeenth day of January, one thousand
nine hundred eighty-six, relating to the board of medicine
(licensing, disciplinary and complaint procedures; podiatry;
physicians assistants), are authorized.
(c) The legislative rules filed in the state register on theeighth day of March, one thousand nine hundred eighty-five,
modified by the West Virginia board of medicine to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of December,
one thousand nine hundred eighty-five, relating to the West
Virginia board of medicine (rules governing the approval of
medical schools not accredited by the liaison committee on
medical education), are authorized.
(d) The legislative rules filed in the state register on the
third day of June, one thousand nine hundred eighty-seven,
relating to the board of medicine (fees for services rendered by
the board of medicine), are authorized.
(e) The legislative rules filed in the state register on the
sixteenth day of September, one thousand nine hundred eighty-
eight, modified by the board of medicine to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-fourth day of February, one
thousand nine hundred eighty-nine, relating to the board of
medicine (dispensing of legend drugs by physicians and
podiatrists), are authorized with the following amendments:
Section 2.6 to read as follows: "Dispense means to deliver
a legend drug to an ultimate user or research subject by or
pursuant to the lawful order of a physician or podiatrist,
including the prescribing, packaging, labeling, administering or
compounding necessary to prepare the drug for that delivery."
And,
Section 3.3 to read as follows: "Physicians or podiatrists
who are not registered with the Board as dispensing physiciansmay not dispense legend drugs. However, the following activities
by a physician or podiatrist shall be exempt from the
requirements of sections 3 through 8 applicable to dispensing
physicians:
a. Legend drugs administered to the patient, which are not
controlled substances when an appropriate record is made in the
patient's chart;
b. Professional samples distributed free of charge by a
physician or podiatrist or certified physician assistant under
his or her supervision to the patient when an appropriate record
is made in the patient's chart; or
c. Legend drugs which are not controlled substances
provided by free clinics or under West Virginia state authorized
programs, including the Medicaid, family planning, maternal and
child health, and early and periodic screening and diagnosis and
treatment programs:
Provided, That all labeling provisions of
section 8 shall be applicable except the requirements of section
8.3 (a)."
(f) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the first day of October, one thousand nine hundred
ninety, relating to the board of medicine (fees for services
rendered by the board of medicine), are authorized.
(g) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the board of medicine to meet the objections of thelegislative rule-making review committee and refiled in the state
register on the eleventh day of January, one thousand nine
hundred ninety-one, relating to the board of medicine (licensing
and disciplinary and complaint procedures: physicians;
podiatrists), are authorized.
(h) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the eleventh day of January, one thousand nine
hundred ninety-one, relating to the board of medicine
(certification, disciplinary and complaint procedures: physician
assistants), are authorized.
(i) The legislative rules filed in the state register on the
tenth day of July, one thousand nine hundred ninety-one, modified
by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the third day of September, one thousand nine hundred
ninety-one, relating to the board of medicine (continuing
education for physicians and podiatrists), are authorized.
(j) The legislative rules filed in the state register on the
twenty-fifth day of March, one thousand nine hundred ninety-two,
modified by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the nineteenth day of May, one thousand nine hundred
ninety-two, relating to the board of medicine (licensing,
disciplinary and complaint procedures: physicians, podiatrists),
are authorized.
(k) The legislative rules filed in the state register on the
seventeenth day of September, one thousand nine hundred
ninety-two, modified by the board of medicine to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of November,
one thousand nine hundred ninety-two, relating to the board of
medicine (certification, disciplinary and complaint procedures,
continuing education, physician assistants), are authorized.
§64-9-18. Board of examiners for registered professional nurses.
(a) The legislative rules filed in the state register on the
thirteenth day of September, one thousand nine hundred eighty-
three, relating to the board of examiners for registered
professional nurses (qualifications of graduates of foreign
nursing schools for admission to the professional nurse licensing
examination), are authorized.
(b) The legislative rules filed in the state register on the
third day of August, one thousand nine hundred ninety, modified
by the board of examiners for registered professional nurses to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-eighth
day of September, one thousand nine hundred ninety, relating to
the board of examiners for registered professional nurses
(announcement of advanced nursing practice), are authorized.
(c) The legislative rules filed in the state register on the
tenth day of September, one thousand nine hundred ninety-two,
modified by the board of examiners for registered professional
nurses to meet the objections of the legislative rule-making
review committee and refiled in the state register on thenineteenth day of January, one thousand nine hundred
ninety-three, relating to the board of examiners for registered
professional nurses (limited prescriptive authority for nurses in
advanced practice), are authorized.
§64-9-20. Board of pharmacy.
(a) The legislative rules filed in the state register on the
second day of October, one thousand nine hundred eighty-four,
modified by the board of pharmacy to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the ninth day of January, one thousand nine hundred
eighty-five, relating to the board of pharmacy
(parenteral/enteral compounding), are authorized.
(b) The legislative rules filed in the state register on the
twelfth day of September, one thousand nine hundred eighty-nine,
modified by the board of pharmacy to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred eighty-nine, relating to the board of pharmacy (board of
pharmacy), are authorized.
(c) The legislative rules filed in the state register on the
sixth day of May, one thousand nine hundred ninety, modified by
the board of pharmacy to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the fifth day of June, one thousand nine hundred ninety, relating
to the board of pharmacy (continuing education for the licensure
of pharmacists), are authorized.
(d) The legislative rules filed in the state register on the
eleventh day of March, one thousand nine hundred ninety-one,modified by the board of pharmacy to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-fourth day of May, one thousand nine
hundred ninety-one, relating to the board of pharmacy (computer
regulations), are authorized.
(e) The legislative rules filed in the state register on the
twenty-eighth day of August, one thousand nine hundred ninety-
one, modified by the board of pharmacy to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighth day of January, one thousand nine
hundred ninety-two, relating to the board of pharmacy (licensure
of wholesale drug distributors), are authorized.
(f) The legislative rules filed in the state register on the
twenty-eighth day of August, one thousand nine hundred ninety-
one, modified by the board of pharmacy to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighth day of January, one thousand nine
hundred ninety-two, relating to the board of pharmacy (mail order
house), are authorized.
(g) The legislative rules filed in the state register on the
fifteenth day of September, one thousand nine hundred ninety-two,
modified by the board of pharmacy to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-eighth day of January, one thousand nine
hundred ninety-three, relating to the board of pharmacy (board of
pharmacy), are authorized with amendments set forth below:
On page forty-nine, subsection (f), after the words 'who
presents a' by inserting the word 'new';
And,
On page fifty, subdivision (1), after the words 'who
presents a' by inserting the word 'new'".
§64-9-21. Board of examiners of psychologists.
(a) The legislative rules filed in the state register on the
twentieth day of December, one thousand nine hundred eighty-four,
relating to the board of examiners of psychologists (examination
fee), are authorized.
(b) The legislative rules filed in the state register on the
sixteenth day of September, one thousand nine hundred eighty-
eight, modified by the board of examiners of psychologists to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-third
day of November, one thousand nine hundred eighty-eight, relating
to the board of examiners of psychologists (penalties and fees),
are authorized.
(c) The legislative rules filed in the state register on the
first day of October, one thousand nine hundred ninety-one,
modified by the board of examiners of psychologists to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eleventh day of December,
one thousand nine hundred ninety-two, relating to the board of
examiners of psychologists (penalties and fees).
(d) The legislative rules filed in the state register on the
first day of October, one thousand nine hundred ninety-one,
modified by the board of examiners of psychologists to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixth day of August, onethousand nine hundred ninety-two, relating to the board of
examiners of psychologists (qualifications for licensure as a
psychologist), are authorized.
§64-9-23. Real estate commission.
(a) The legislative rules filed in the state register on the
fourth day of December, one thousand nine hundred eighty-nine,
modified by the real estate commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighth day of January, one thousand nine
hundred ninety, relating to the real estate commission (renewal
of license - continuing education), are authorized.
(b) The legislative rules filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-one,
modified by the real estate commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-first day of November, one thousand
nine hundred ninety-one, relating to the real estate commission
(requirements in licensing real estate brokers and salesmen and
the conduct of brokerage businesses), are authorized.
(c) The legislative rules filed in the state register on the
fourth day of September, one thousand nine hundred ninety-two,
modified by the real estate commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the tenth day of November, one thousand nine
hundred ninety-two, relating to the real estate commission
(requirements in licensing real estate brokers and salesmen and
the conduct of brokerage business), are authorized.
§64-9-24. Secretary of state.
(a) The legislative rules filed in the state register on the
fifteenth day of April, one thousand nine hundred eighty-five,
modified by the secretary of state to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the eighth day of October, one thousand nine hundred
eighty-five, relating to the secretary of state (standard size
and format for rules and related documents filed in the secretary
of state's office), are authorized.
(b) The legislative rules filed in the state register on the
seventeenth day of August, one thousand nine hundred eighty-
seven, modified by the secretary of state to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-third day of September, one
thousand nine hundred eighty-seven, relating to the secretary of
state (standard size and format for rules and procedures for
publication of the state register or parts of the state
register), are authorized.
(c) The legislative rules filed in the state register on the
first day of September, one thousand nine hundred eighty-nine,
modified by the secretary of state to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twentieth day of November, one thousand nine
hundred eighty-nine, relating to the secretary of state (West
Virginia farm product lien central filing system), are
authorized.
(d) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred ninety,
relating to the secretary of state (guidelines for the use ofnicknames and other designations on the ballot), are authorized.
(e) The legislative rules filed in the state register on the
fourteenth day of November, one thousand nine hundred ninety,
relating to the secretary of state (absentee voting by military
voters who are members of reserve units called to active duty),
are authorized.
(f) The legislative rules filed in the state register on the
seventh day of October, one thousand nine hundred ninety-one,
modified by the secretary of state to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-eighth day of May, one thousand nine
hundred ninety-two, relating to the secretary of state (filing
fee for credit service organizations), are authorized.
(g) The legislative rules filed in the state register on the
seventh day of October, one thousand nine hundred ninety-one,
modified by the secretary of state to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-eighth day of May, one thousand nine
hundred ninety-two, relating to the secretary of state (combined
voter registration and driver licensing programs), are
authorized.
§64-9-28. West Virginia cable television advisory board.
(a) The legislative rules filed in the state register on the
twenty-eighth day of September, one thousand nine hundred ninety,
modified by the West Virginia cable television advisory board to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-second
day of January, one thousand nine hundred ninety-one, relating tothe West Virginia cable television advisory board (franchising
procedures), are authorized.
(b) The legislative rules filed in the state register on the
twenty-eighth day of September, one thousand nine hundred ninety,
modified by the West Virginia cable television advisory board to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-second
day of January, one thousand nine hundred ninety-one, relating to
the West Virginia cable television advisory board (implementing
regulations), are authorized.
(c) The legislative rules filed in the state register on the
fourth day of December, one thousand nine hundred ninety-two,
modified by the West Virginia cable television advisory board to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the tenth day of
February, one thousand nine hundred ninety-three, relating to the
West Virginia cable television advisory board (implementing
regulations), are authorized.
§64-9-31. Real estate appraiser licensing and certification
board.
(a) The legislative rules filed in the state register on the
eighteenth day of July, one thousand nine hundred ninety-one,
modified by the real estate appraiser licensing and certification
board to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
eighteenth day of November, one thousand nine hundred ninety-one,
relating to the real estate appraiser licensing and certification
board (rules and regulations of the real estate appraiserlicensing and certification board), are authorized.
(b) The legislative rules filed in the state register on the
eighteenth day of July, one thousand nine hundred ninety-one,
modified by the real estate appraiser licensing and certification
board to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
eighteenth day of November, one thousand nine hundred ninety-one,
relating to the real estate appraiser licensing and certification
board (requirements of licensure and certification), are
authorized.
(c) The legislative rules filed in the state register on the
eighteenth day of July, one thousand nine hundred ninety-one,
modified by the real estate appraiser licensing and certification
board to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
eighteenth day of November, one thousand nine hundred ninety-one,
relating to the real estate appraiser licensing and certification
board (renewal of licensure or certification), are authorized.
(d) The legislative rules filed in the state register on the
seventh day of July, one thousand nine hundred ninety-two,
modified by the real estate appraiser licensing and certification
board to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
fourteenth day of August, one thousand nine hundred ninety-two,
relating to the real estate appraiser licensing and certification
board (requirements of licensure and certification), are
authorized.
§64-9-34. Board of occupational therapy.
The legislative rules filed in the state register on the
eleventh day of September, one thousand nine hundred ninety-two,
modified by the board of occupational therapy to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the first day of February, one
thousand nine hundred ninety-three, relating to the board of
occupational therapy (administrative rules of the board of
occupational therapy), are authorized.
§64-9-35. Board of social work examiners.
The legislative rules filed in the state register on the
thirtieth day of October, one thousand nine hundred ninety-two,
modified by the board of social work examiners to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of February,
one thousand nine hundred ninety-three, relating to the board of
social work examiners (qualifications for licensure as a social
worker), are authorized.