Administrative Law Division

Rule-Making Deadlines

The rule-making deadlines for the 2019 Legislative session have passed. All of the Legislative rules that have been proposed will be reviewed by the Legislative Rule Make Review Committee (LRMRC). If the Committee recommends changes to a rule, the agency should file the modified rule within ten (10) days of the LRMRC meeting.

The deadline dates for future years is now much easier to calculate. With the passage of SB522, beginning in 2019, the deadline for agency approvals will be the last Friday in July. In 2020 and every four years after, the last Friday in August. This makes the public comment period deadline 30 days prior. For the 2020 Legislative session, all proposed Legislative rules must be put out for public comment by Wednesday, June 26, 2019. Agency approvals must be filed by Friday, July 26, 2019.

New Online Meeting Notice Procedures

After a thorough review of the provisions of the Open Governmental Proceedings Act W. Va. Code §6-9A et seq., the Secretary of State’s office is planning some changes to the procedures for submitting a meeting notice as well as the way they are displayed online. One of the proposed changes is adding a field called “Governing Body” intended to be the name of the group having the meeting. Another significant change would be in lieu of marking a meeting notice “compliant” or “not compliant”, the date and time the meeting notice is accepted will be displayed allowing for easy calculation of the required five (5) business days.

In order to provide notice of these changes, we have proposed procedural rule, 153CSR41, explaining the details. This rule and the changes will become effective on Monday, February 4, 2019.

Executive Records

As the keeper of the Governor’s official papers, there are many documents filed here. Aside from Executive Orders, Proclamations, and Appointments of State Officials there are some miscellaneous records as well.

Each year, the Secretary of State’s office sends reminders to each of the County Commissions in West Virginia reminding them of the requirement to send a list of the Public Service Districts located in their county. Those lists and many other records are available in the Executive Records Search.

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