W. Va. Code R. § 133-4-6

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 133-4-6 - Emergency Rules
6.1. In the case of an emergency, a governing board of a non-exempted school may adopt, amend, or repeal a rule without first following the procedure set out in this rule. An exempted school's governing board shall include any such authority in its own rule on rules.
6.2. For the purpose of this section, an emergency exists when the adoption, amendment, or repeal of a rule is necessary for the immediate preservation of the public peace, health, safety or welfare, or is necessary to comply with a time limitation established by state or federal law or regulation or a directive or rule of the Commission, or to prevent substantial harm to the public interest, or to deal with financial exigency. The facts constituting an emergency shall be communicated in writing in advance to the Chancellor, who shall disapprove the action of the governing board if the Chancellor, or his/her designee, disagrees that an emergency existed.
6.3. Any emergency rule shall remain in effect no longer than three (3) months and shall expire unless a final rule has been approved under the normal process set out in this rule.

W. Va. Code R. § 133-4-6