SB 705 — Allowing Board of Education to promulgate rules for submission to Legislature

(4) a fiscal note containing all information included in a fiscal note for either chamber of the Legislature and a statement of the economic impact of the rule on the state or its residents;

and (5) any other information which the commission may request or which may be required by law.

(b) (d) At its discretion, the board may meet the filing requirement of subsection (a) (c) of this section using either of the following methods:

CS for SB 705 (1) By submitting twenty 20 copies of the proposed rule to the Legislative Oversight Commission on Education Accountability Legislative Rule-Making Review Committee at its offices or at a regular meeting of the commission committee;

or (2) By submitting the proposed rule electronically to the Legislative Oversight Commission on Education Accountability Legislative Rule-Making Review Committee.

Proposed rules submitted electronically shall be transmitted in a timely manner, shall contain all required information, and shall be compatible with computer applications in use by the Legislative Oversight Commission on Education Accountability Legislative Rule-Making Review Committee.

(c) (e) The commission Legislative Rule-Making Review Committee shall review each proposed legislative rule and, in its discretion, may hold public hearings thereon.

Such review shall include, but not be limited to, a determination of:

(1) Whether the board has exceeded the scope of its statutory authority in approving the proposed legislative rule;

(2) Whether the proposed legislative rule is in conformity with the legislative intent of the statute which the rule is intended to implement, extend, apply, interpret, or make specific;

(3) Whether the proposed legislative rule conflicts with any other provision of this code or with any other rule adopted by the same or a different agency;

(4) Whether the proposed legislative rule is necessary to fully accomplish the objectives of the statute under which the proposed rule was promulgated;

(5) Whether the proposed legislative rule is reasonable, especially as it affects the convenience of the general public or of persons particularly affected by it;

(6) Whether the proposed legislative rule could be made less complex or more readily understandable by the general public;

and (7) Whether the proposed legislative rule was promulgated in compliance with the requirements of this article and with any requirements imposed by any other provision of this code.

CS for SB 705 (d) After reviewing the legislative rule, the commission may recommend to the board any changes needed to comply with the legislative intent of the statute upon which the rule is based or otherwise to modify the activity subject to the rule, or may make any other recommendations to the board as it considers appropriate.

(e) Whenthe board finally adopts a legislative rule, the board shall submit to the Legislative Oversight Commission on Education Accountability at its offices or at a regular meeting of the commission six copies of the rule as adopted by the board.

The board, at its discretion, may meet the filing requirement contained in this subsection by submitting the legislative rule in electronic format to the Legislative Oversight Commission on Education Accountability.

Rules submitted electronically shall be transmitted in a timely manner and shall be compatible with computer applications in use by the Legislative Oversight Commission on Education Accountability.

(f) After reviewing the legislative rule, the commission Legislative Rule-Making Review Committee may shall recommend to that the Legislature:

any statutory changes needed to clarify the legislative intent of the statute upon which the rule is based or may make any other recommendations to the Legislature as it considers appropriate.

(1) Authorize the promulgation of the legislative rule;

(2) Authorize the promulgation of part of the legislative rule;

(3) Authorize the promulgation of the legislative rule with certain amendments;

(4) Recommend that the proposed rule be withdrawn;

or (5) Reject the proposed rule.

(g) The Legislative Rule-Making Review Committee’s submission of legislative rules submitted to them by the West Virginia Board of Education, alongside their findings and recommendations, shall be done in accordance with the procedures, but not the underlying delegating authority of §29A-3-1 et seq.

of this code.

CS for SB 705 §29A-3B-10.

Emergency legislative rules;

procedure for promulgation;

definition.

(a) The board West Virginia Board of Education may, without hearing, find that an emergency exists requiring that emergency rules be promulgated and promulgate the same in accordance with this section.

Such emergency rules, together with a statement of the facts and circumstances constituting the emergency, shall be filed in the State Register and shall become effective immediately upon such filing.

Such emergency rules may adopt, amend, or repeal any legislative rule, but the circumstances constituting the emergency requiring such adoption, amendment, or repeal shall be stated with particularity and be subject to de novo review by any court having original jurisdiction of an action challenging their validity.

(b) The board shall file ten copies of the rules and of the required statement with the Legislative Oversight Commission on Education Accountability Legislative Rule-Making Review Committee.

At its discretion, the board may meet the filing requirement contained in this subsection by submitting the emergency rule electronically to the Legislative Oversight Commission on Education Accountability Legislative Rule-Making Review Committee.

Proposed rules submitted electronically shall be transmitted in a timely manner, shall contain all required information and shall be compatible with computer applications in use by the Legislative Oversight Commission on Education Accountability Legislative Rule-Making Review Committee.

(c) An emergency rule shall be effective for not more than fifteen 15 months and shall expire earlier if any of the following occurs:

(1) The board has not previously filed and fails to file a notice of public hearing on the proposed rule within sixty 60 days of the date the proposed rule was filed as an emergency rule;

in which case the emergency rule expires on the sixty-first day.

(2) The board has not previously filed and fails to file the proposed rule with the Legislative Oversight Commission on Education Accountability Legislative Rule-Making Review Committee within one hundred eighty 30 days of the date the proposed rule was filed as an emergency rule;

in which case the emergency rule expires on the one hundred eighty-first thirty-first day.

CS for SB 705 (3) The board adopts a legislative rule dealing with substantially the same subject matter since such emergency rule was first promulgated and in which case the emergency rule expires on the date the authorized rule is made effective.

(d) Any amendment to an emergency rule made by the board shall be filed in the State Register and does not constitute a new emergency rule for the purpose of acquiring additional time or avoiding the expiration dates in subdivision (1), (2), or (3), subsection (c) of this section.

(e) Once an emergency rule expires due to the conclusion of 15 months or due to the effect of subdivision (1), (2), or (3), subsection (c) of this section, the board may not refile the same or similar rule as an emergency rule.

(f) Emergency legislative rules currently in effect under the prior provisions of this section may be refiled under the provisions of this section.

(g) The provision of this section shall not be used to avoid or evade any provision of this article or any other provisions of this code, including any provisions for legislative review of proposed rules.

Any emergency rule promulgated for any such purpose may be contested in a judicial proceeding before a court of competent jurisdiction.

(h) The Legislative Oversight Commission on Education Accountability Within 15 months, the Legislative Rule-Making Review Committee may shall review any emergency rule to determine:

(1) Whether the board has exceeded the scope of its statutory authority in promulgating the emergency rule;

(2) whether there exists an emergency justifying the promulgation of such rule;

and (3) whether the rule was promulgated in compliance with the requirements and prohibitions contained in this section.

The commission may recommend to the board, the Legislature, or the Secretary of State such action as it may deem proper.

§29A-3B-11.

Legislative review of procedural rules, interpretive rules, and existing legislative rules.

The Legislative Oversight commission on education accountability Legislative Rule- Making Review Committee may review any procedural rules, interpretive rules, or existing CS for SB 705 legislative rules and may make recommendations concerning such rules to the Legislature, or to the board, or to both the Legislature and the board.