W. Va. Code R. § 153-1-4

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-1-4 - Procedures for rule filing

4.1. Go to the Administrative Law Division menu on the Secretary of State's website and select "File an eRule". Log in to your UAA.

4.2. Select the request needed for the filing being worked on.

4.2.1. This step is only needed at the start of the process to get the rule set up in the database.

4.2.1.a. If it is a new rule, select "New Title-Series".

4.2.1.b. If it is an amendment to an existing rule, select "New Rule Version."

4.2.1.c. When naming a rule, a brief statement of the main subject matter is sufficient. It is not necessary to include the type of rule, the fact that it is a rule, or the fact that it governs the subject matter in the name.

4.2.1.d. A request form will come up. Complete the form and click on "Send Request."

4.2.2. Upon receipt of the request, AdLaw staff will enable the file and allow access to work on it. An email notification will be sent that this has been done.

4.3. Go to "Your Agencies (In-Progress Rules)" and click on "Edit/Upload/View."

4.4. Find the correct rule file and click on "Edit/Upload/View."

4.5. This will open the "Documents" page. Find the correct description for the filing being worked on.

4.5.1. When putting a rule out for public comment, use the "Notice" field.

4.5.2. Upon conclusion of the comment period, use the "Agency Approved" field for the rule, including any changes made based on comments.

4.5.2.a. Use the "Comments Received" field for submitting a copy of all comments, hearing transcripts and the agency response to each comment (this should be together as 1 document).

4.5.3. When filing changes based on LRMRC or LOCEA recommendations, use the "Modified File" field.

4.5.4. At the end of the rule-making process, to make the rule effective, use the "Final File" field.

4.5.5. At any point in the rule-making process, when necessary, use the "Emergency" field.

4.5.6. When filing a purely technical amendment to a current rule that does not change the content or intent, use the "Technical Amendment" field.

4.5.6.a. The filing shall include a detailed summary of the changes made and every occurrence of changes in the rule in lieu of strike-throughs and underlines.

4.5.6.b. A clean copy of the full text of the rule, including the changes, shall be filed.

4.5.6.c. The language for 1.3. of the General section, filing date, of the corrected rule shall be changed to "Technical amendment filed (list the date of filing in the eRules application)."

4.5.6.d. The original effective date of the rule shall not be changed.

4.5.7. The "Adopted by Reference," "Other" and "Supporting Documents" fields should be used when applicable.

4.5.7.a. Any tables, charts, diagrams, etc. that are not part of or included in a rule should be filed in one of the fields listed in 4.5.7 of this rule.

4.6. In the appropriate field, click on "Upload File" and choose "Browse." Find the rule to be submitted and upload it in Word. Do not upload a pdf or other file without prior approval from AdLaw staff. Click on "Return to Rule."

4.6.a. Rule documents must be submitted in Word. Other document types may be submitted as PDF.

4.6.a.1. Due to compatibility issues, rule documents submitted in WordPerfect may not be accepted.

4.7. Go to the rule that was just uploaded and click on "View".

4.8. The "Actions" bar will be displayed. Click on "Attach Form".

4.8.1. Only the form needed for that filing will come up in the "Select Form Type" drop down.

4.8.1.a. Select the form and click on the "Attach Form" button to begin.

4.8.1.b. Fill out the form completely.

4.8.2. At the bottom of the form be sure to click the box marked "Attach Form" to add it to the rule filing.

4.8.2.a. At the bottom of the form there is also a "Save for Later" box. This allows the work that has been done to be saved and returned to at a later time.

4.8.2.b. After attaching the form, click on "Return to Document" to complete the filing.

4.9. Carefully review the rule and form.

4.10. Once the filing is complete and accurate, click on "Submit To Agency Head" located on the "Actions" bar where forms are attached.

4.11. The agency head will receive an email that a filing has been submitted.

4.11.1. It is the responsibility of the eRules user to follow up with the agency head and ensure that action is taken.

4.12. The agency head will log in to the eRules application and review the filing.

4.12.1. If the filing is correct, the agency head will click on the "Submit to SOS" tab.

4.12.2. If an error is found, the agency head will click on the "Reject-Request Changes" tab. This will return the filing to the eRules user for further work.

4.13. Upon receiving a rule filing from an agency head, AdLaw staff will review it.

4.13.1. If approved, the rule will be electronically clocked in noting the date filed with the Secretary of State's Office. The eRules user and agency head will each receive an email notification that the filing has been accepted.

4.13.2. If rejected, the eRules user and agency head will each receive an email notification that the filing has been rejected and the reason for the rejection.

4.13.2.a. Possible reasons for SOS rejection of a rule filing include, but are not limited to:

4.13.2.a.1. Rule filed under the wrong title or series number.

4.13.2.a.2. Incorrect formatting or font.

4.13.2.a.3. Using "Track Changes" in the rule.

4.13.2.a.4. Incorrect dates, including sunset provision.

4.13.2.a.5. Incorrect information on rule or attached form.

4.13.2.b. Once all corrections have been made, the eRules user will resubmit the filing to the agency head.

4.13.2.c. The agency head will review the filing and will resubmit it to SOS.

4.14. To make changes to a rule that has been uploaded, the rule must be checked out.

4.14.1. Log in to eRules and find the rule.

4.14.2. Click on "Edit/Upload/View."

4.14.3. Find the appropriate file on the "Documents" page and click on "View."

4.14.4. This will display the "Actions" bar. Click on "Check Out."

4.14.4.a. Right click where indicated and use "save target as," name it and save.

4.14.4.b. The previous screen returns. Select "confirm check out."

4.14.5. Changes to the rule can now be made.

4.14.6. When all work is done, go back to the "Actions" bar.

4.14.7. Click on "Check In."

4.14.7.a. Click on "Browse."

4.14.7.b. Find the corrected rule and upload.

4.15. Upon SOS approval of a Legislative rule filing, LRMRC or LOCEA is notified and receives an electronic copy.

4.16. If the name of the rule is changed any time during the rule-making process, the agency must notify AdLaw staff so the change can be made in the eRules application.

W. Va. Code R. § 153-1-4