W. Va. Code R. § 153-6-6 - Repeal and replacement

6.1. Repeal and replace should not be used routinely in rule filing. This shall only be used when an agency is proposing major changes to an existing rule involving the majority of sections.

6.2. An agency may not repeal a rule by reference in another rule.

6.3. Repealing and replacing a rule requires prior approval from LRMRC.

6.3.1. Upon LRMRC approval, a repealer clause shall be added to the General section of the rule as 1.6.

6.3.2. The repealer clause shall state the rule to be repealed by its citation, name, filing date and effective date. (Example: This legislative rule repeals and replaces WV 153CSR999 "Documents Filed in the Secretary of State's Office" filed April 1, 2011 and effective April 1, 2011.)

6.4. The repealed and replaced rule shall be filed by the processes outlined in this rule with any additional information as determined by LRMRC.

6.5. The repeal of a legislative rule shall complete the full rulemaking process as outlined in this rule.

6.5.1. Upon approval from the Legislature and the signature of the Governor on the authorizing bill, the rule shall be final filed with the Secretary of State's Office.

6.5.2. The final filed rule shall include the header and introduction (see 4.10. of this rule) with all of the struck-through language removed from the rule and replaced with the following language:

6.5.2.a. This rule was repealed by (list the house or senate bill), effective (list the effective date of the bill).

Notes

W. Va. Code R. § 153-6-6