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Committee Substitute House Bill 4211 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

H. B. 4211


(By Delegates Mahan, R. Thompson, Cann,

Kominar, Armstead and Faircloth )

(Originating in the Committee on the Judiciary)

[February 25, 2004]


A
BILL to amend and reenact article 8, chapter 64 of the code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or 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 certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the Legislature; authorizing the division of highways to promulgate a legislative rule relating to the use of state road rights-of-way and adjacent areas ; authorizing the division of highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways ; and authorizing the division of motor vehicles to promulgate a legislative rule relating to administrative due process.

Be it enacted by the Legislature of West Virginia:
That article 8, chapter 64 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.

§64-8-1. Division of highways.
(a) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section eleven, article twenty-two, chapter seventeen, of this code, modified by the division of highways to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-seventh day of January, two thousand four, relating to the division of highways (use of state road rights-of-way and adjacent areas, 157 CSR 6), is authorized.
(b) The legislative rule filed in the state register on the eighteenth day of July, two thousand three, authorized under the authority of section seven, article eighteen, chapter twenty-two, of this code, relating to the division of highways (transportation of hazardous wastes upon the roads and highways, 157 CSR 7), is authorized.
§64-8-2. Division of motor vehicles.
The legislative rule filed in the state register on the nineteenth day of November, two thousand three, authorized under the authority of section nine, article two, chapter seventeen-a, of this code, relating to the division of motor vehicles (administrative due process, 91 CSR 1), is authorized.
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