ENROLLED
Senate Bill No. 145
(By Senators Manchin, Anderson, Grubb and Minard)
__________
[Passed March 10, 1994; in effect from passage.]
__________
AN ACT to amend and reenact sections one, three, twenty-four and
twenty-nine, article nine, chapter sixty-four of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, 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
legislative rules with various modifications presented to
and recommended by the legislative rule-making review
committee; authorizing the commissioner of agriculture to
promulgate legislative rules relating to animal disease
control, as modified; authorizing the commissioner of
agriculture to promulgate legislative rule relating to
auctioneers, as modified; authorizing the attorney general
to promulgate legislative rule relating to the West Virginia
consumer goods rental protection act, as modified;
authorizing the secretary of state to promulgate legislative
rules relating to official election forms and vender
authorization, as modified; and authorizing the board of
accountancy to promulgate legislative rules relating to
board rules and rules of professional conduct, as modified.
Be it enacted by the Legislature of West Virginia:
That sections one, three, twenty-four and twenty-nine,
article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended and
reenacted, all to read as follows:
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 thefourth 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 the
fourth 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 and
refiled 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 thecommissioner 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 thelegislative 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 and
refiled 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 feedto 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 feed
and 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 the
objections 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, onethousand 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 notice
of 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 collect
additional 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 subdivision 8.1.c.,
8.1.d. or 8.1.g. of this rule are considered to involve a risk to
the 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 suspensionthe 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 subdivision
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 subdivision 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. The
commissioner 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 inconformance 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 aminimum depth of six feet, containing a minimum capacity of 150
cubic feet, 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 or
gravel.
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 soilshall 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 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 fertilizers and manures), are authorized.
(mm) 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 (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 the
groundwater 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 ofFebruary, 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.
(qq) The legislative rules filed in the state register on
the sixteenth day of April, one thousand nine hundred
ninety-three, 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
July, one thousand nine hundred ninety-three, relating to the
commissioner of agriculture (animal disease control), are
authorized.
(rr) The legislative rules filed in the state register on
the third day of August, one thousand nine hundred ninety-three,
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 eighth day of October, one
thousand nine hundred ninety-three, relating to the commissioner
of agriculture (auctioneers), are authorized.
§64-9-3. Attorney general.
(a) The legislative rules filed in the state register on the
sixth day of December, one thousand nine hundred eighty-four,
relating to the attorney general (third party dispute
mechanisms), are authorized.
(b) The legislative rules filed in the state register on the
ninth day of January, one thousand nine hundred eighty-five,
relating to the attorney general (fair treatment of crime victims
and witnesses), are authorized.
(c) The legislative rules filed in the state register on the
nineteenth day of September, one thousand nine hundred eighty-
six, modified by the attorney general to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the first day of December, one thousand nine
hundred eighty-six, relating to the attorney general (prevention
of unfair or deceptive acts or practices in home improvement and
home construction transactions), are authorized. These rules
were proposed by the attorney general pursuant to section one
hundred three, article six and section one hundred two, article
seven of chapter forty-six-a of this code with the followingamendments:
"Amending the title to the proposed legislative rule
wherever said title may appear, on lines three and four thereof,
by striking the words 'and home construction'.
On the index page following '3.' by striking the words 'and
home construction'."
On page 1, §1.2, line three, after the first word
"transactions" on line three, by striking the comma and the words
"and home construction transactions" and on line five, by
striking the period and inserting the words "but shall not cover
new construction of single-family dwellings or rebuilding all or
substantially all of an existing or preexisting single-family
dwelling."
Page 2, section 2.2 by striking all of lines seven and eight
and inserting in lieu thereof the following:
"unless: (a) it appears in printed or typed face larger than the
largest type used in the written contract, apart".
On page 2, section 2.4, by striking all of section 2.4 and
inserting in lieu thereof a new section 2.4, to read as follows:
"2.4 'Home Construction' means, for the purpose of this
Rule, the repair, remodeling or the building of additions to
existing single-family dwelling units, including single-family
homes, condominium units or any other dwelling unit to be used by
any person primarily for personal or family use, but shall not
include new single-family home construction or the rebuilding of
all or substantially all of an existing or preexisting single-
family dwelling."
Page 3, section 2.6, on line two thereof, after the second
comma by inserting the word "replacement."
Page 3, section 3, by striking the words "and home
construction" from the section heading.
Page 3, section 3.1, lines one and two, by striking the
words "or home construction."
Page 4, section 3.1.4, on lines one and two thereof, by
striking the words "or home construction."
Page 4, section 3.1.8, on line two thereof, by striking the
words "or home construction."
Page 4, section 3.1.9, on lines two and three thereof, by
striking the words "or home construction."
Page 5, section 3.1.12, on lines one and two thereof, by
striking the words "or home construction."
Page 6, section 3.1.26, by striking all of section 3.1.26
and renumbering the subsequent subsections.
Page 7, section 3.1.29, on lines one and two thereof, by
striking the words "or home construction."
Page 7, section 3.1.29, on line six thereof, following the
word "contract" by inserting a period and striking the remainder
of the section.
Page 7, following section 3.1.29 by adding a new section to
be designated section 3.1.29, to read as follows:
"failed to file a certificate in the office of the Clerk of the
County Commission in the county in which the principal place of
business of the seller is located, setting forth the assumed name
in or by which the business is being conducted in conformity withthe provisions of Chapter 47, Article 8, Section 2 of the Code of
West Virginia, 1931, as amended."
Page 7, section 3.2, on lines two and three thereof, by
striking the words, "or home solicitation sale of home
construction" and the comma on line three.
Page 9, section 4.1, on line eight thereof, by deleting the
period and inserting the following:
'to the extent permitted by statute'.
Page 10, section 4.2, on line 9 thereof, by striking the
period and inserting the following:
'to the extent permitted by statute'.
(d) The legislative rules filed in the state register on the
twenty-third day of September, one thousand nine hundred eighty-
six, modified by the attorney general to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the first day of December, one thousand nine
hundred eighty-six, relating to the attorney general (prevention
of unfair or deceptive acts or practices in the sale of damaged
goods or products), are authorized.
(e) The legislative rules filed in the state register on the
twenty-third day of September, one thousand nine hundred eighty-
seven, modified by the attorney general to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-fifth day of November, one thousand
nine hundred eighty-seven, relating to the attorney general
(administration of preneed burial contracts), are authorized with
the following amendments set forth below:
On page 9, section 8.2, by striking the words "within thirty
days after the death of a contract beneficiary," and inserting in
lieu thereof the following: "On or before the first day of
January and the first day of July of each year," and after the
word "provided" by striking the comma and inserting in lieu
thereof "after the death of any contract beneficiary during the
previous six-month period,";
On page 12, section 9.7, by striking all of 9.7;
Beginning on page 15, by striking the entirety of section
15;
And,
Beginning on page 18, by striking the entirety of section
16, and by renumbering the remaining sections.
(f) The legislative rules filed in the state register on the
eleventh day of August, one thousand nine hundred eighty-nine,
modified by the attorney general 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 attorney general (allowing
persons who are indirectly injured by violations of the West
Virginia antitrust act to recover damages), are authorized.
(g) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-nine,
modified by the attorney general 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 eighty-nine, relating to the attorney general (healthspas), are authorized.
(h) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, relating
to the attorney general (authorizing the attorney general to
require persons upon whom subpoenas are served to answer written
questions under oath), are authorized.
(i) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, relating
to the attorney general (obtaining assistance of public officials
in investigations and the commencement of proceedings to compel
compliance), 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 attorney general 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,
relating to the attorney general (limitation of action and
recovery of investigative costs and a reasonable attorney's fee
by the attorney general in an enforcement action), are
authorized.
(k) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the attorney general 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-one, relating to the attorney general (regulated business
exemption under the West Virginia antitrust act), are authorized.
(l) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the attorney general 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 attorney general (defining the term
"federal antitrust laws" and prohibiting tying and reciprocity),
are authorized.
(m) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
modified by the attorney general 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-four, relating to the attorney general (West
Virginia consumer goods rental protection act), 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 objectionsof 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 of
nicknames 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 stateregister 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.
(h) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
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 November, one thousand nine
hundred ninety-three, relating to the secretary of state
(official election forms and vendor authorization), are
authorized.
§64-9-29. Board of accountancy.
(a) The legislative rules filed in the state register on the
fifth day of December, one thousand nine hundred ninety, modified
by the board of accountancy to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fourth day of June, one thousand nine hundred
ninety-one, relating to the board of accountancy (professional
conduct), are authorized.
(b) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-three,
modified by the board of accountancy to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-seventh day of October, one thousand
nine hundred ninety-three, relating to the board of accountancy
(board rules and rules of professional conduct), are authorized.
Email
Webmaster | © 2024 West Virginia Legislature **
