Current through Register Vol. XLI, No. 50, December 13, 2024
Section 133-4-4 - Rulemaking Process4.1. Consultation. Institution officers are encouraged to consult with interested groups before presenting a proposed rule to the governing board for consideration.4.2. Approval of Proposed Notice and Rulemaking. If a governing board determines that a rule concerning a subject matter under the governing board's jurisdiction should be adopted, amended, or repealed, the governing board shall approve a notice of proposed rulemaking. A notice of proposed rulemaking shall include: 4.2.a. A brief description of the subject matter of the rule, an explanation of how comments will be received, the deadline for receiving comments, and contact information for the person who has been designated to receive comments; and4.2.b. A copy of the proposed rule if adoption or amendment is proposed or a copy of the current rule if repeal is proposed.4.3. Notice of Proposed Rulemaking. Notices of proposed rulemaking shall be provided directly to the Chancellor, those persons representing students, faculty, and staff at the institution, and other interested parties. In addition, notices of proposed rulemaking shall be posted prominently at a location or locations accessible to the public and identified in the institution's rule on rules, as well as posted on the institution's website, and copies be made available at no cost to any requester.4.4. Comment Period. Except for emergency rules, a notice of proposed rulemaking must provide for a public comment period of at least thirty (30) days during which written comments will be received before final adoption of the rule. A President or governing board may also provide for a public hearing.4.5. Approval of Final Rule. 4.5.a. If a governing board originally approved a notice of rulemaking at a previous meeting and no comments are received during the comment period, a proposed rule need not be re-approved by the governing board if the board provides so at the time it approves the proposed rule.4.5.b. If written comments are received or a hearing held during the comment period, the governing board shall summarize the comments received and/or made and make a determination concerning each issue raised. The governing board may amend a proposed rule as a result of the comments or evidence received. All written comments and evidence received and determinations made by the governing board shall be made available in the manner set out in Section 4.3 of this rule at least ten (10) days prior to the meeting in which the governing board gives final approval to the rule and be carefully preserved by the institution and open for public inspection and copying for a period of at least five (5) years from the date of final board action.4.5.c. The institution shall furnish the Chancellor or his/her designee with a copy of the final proposed rule fifteen (15) days prior to the governing board's formal adoption of the final rule.4.5.d. Except as set forth in Section 4.5.f of this rule, any rule adopted by a governing board shall not be effective until reviewed and commented on by the Chancellor or his/her designee. The Chancellor or his/her designee shall notify the governing board of any specific or general objections to the rule within fifteen (15) days of receiving the proposed rule and allow the governing board to address the objections.4.5.e. In situations where the governing boards have been given authority that inherently requires the governing board to promulgate and adopt a rule, that authority is void until the governing board adopts a rule in a manner consistent with this rule and West Virginia Code.4.5.f. Any rule adopted by the governing boards of the exempted schools under West Virginia Code § 18B-1-2 shall not be subject to Section 4.5.d. of this rule. However, the exempted schools shall submit their proposed rule to the Chancellor and the Chancellor shall submit any comments or suggestions to the governing board within fifteen (15) days. Any comments or suggestions made by the Chancellor regarding a proposed rule by any governing boards of non-exempted schools may not become effective or implemented until the governing board places the comments or suggestions on its agenda and considers them at a meeting of the governing board.