§18-9D-20. Authority to promulgate rules; legislative authorization; effective date of rules; technical deficiencies waived.
329 words·~1 min read·
/wv/chapter-18-education/article-9d-school-building-authority/18-9d-20·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The authority is hereby empowered to promulgate, adopt, amend or repeal rules in accordance with the provisions of article three-a, chapter twenty-nine-a of this code.
(b)All rules adopted or promulgated by the authority and in effect on June 8, 2007, shall be refiled pursuant to the provisions of article three-a, chapter twenty-nine-a of this code on or before September 1, 2007.
(1)Any interpretive or procedural rule shall continue in effect until rescinded or appropriately refiled by the authority.
(2)Any legislative rule shall continue in effect until approved or rejected by the Legislature or rescinded by the authority.
(c)Under the provisions of article three-a, chapter twenty-nine-a of this code, the Legislature expressly authorizes the promulgation of the rules described in this article, subject only to the limitations with respect to each rule set forth by law authorizing its promulgation. The Legislature further declares that all rules now or hereafter authorized in this article are within the legislative intent of the statute which the rule is intended to implement, extend, apply or interpret.
(d)The effective date of a legislative rule authorized in section twenty-one of this article is governed by the provisions of section fourteen, article three-a, chapter twenty-nine-a of this code under the following conditions:
(1)The School Building Authority, in promulgating the rule, establishes an effective date which is earlier than that provided by that section, in which case the effective date established by the authority controls; or
(2)The Legislature, in the bill authorizing the rule, establishes an effective date for the rule, in which case the effective date established by the Legislature controls.
(e)The Legislature further declares each legislative rule now or hereafter authorized under this article to have been validly promulgated, notwithstanding any failure to comply with any requirement of article three-a, chapter twenty-nine-a of this code relating to the promulgation of rules at any stage of the promulgation process prior to authorization by the Legislature in this article.