Legislative Rule-Making Review Committee approves broad slate of agency rules, chair seeks more data on telecom payments

CHARLESTON, W.Va. — The Legislative Rule-Making Review Committee met Oct. 1 in the Senate Judiciary Committee Room and approved a broad slate of proposed administrative rules from state agencies, adopting agency-suggested changes in many cases and approving several rules as filed.

Delegate Smith, the committee chair, called the meeting to order at 9 a.m. and the committee proceeded through an extensive agenda. Senate Counsel Jeff Johnson, House Counsel Will Valentino, and other committee counsels explained abstracts for agency-proposed rules and Senator Woodrum repeatedly offered motions to adopt agency modifications and to approve the rules.

Why it matters: The committee’s approvals move multiple agency rule changes forward without further committee-level delay, affecting licensing, public safety processes, agriculture, natural resources, transportation, health and other regulatory programs across the state.

Key developments

- Several boards under the Board of Pharmacy had rules approved as modified, including rules related to licensure and practice (15 CSR 01), controlled substances (15 CSR 02), and pharmacy permits (15 CSR 15). Senate Counsel Jeff Johnson presented these abstracts and the committee adopted agency modifications before approving each item.

- House Counsel Will Valentino presented State Police rules on cadet selection (81 CSR 02) and the State Police career progression system (81 CSR 03); both were approved as modified. The transcript records that Senator Caputo asked to be recorded as voting no on the cadet selection rule.

- The Division of Motor Vehicles presented several rules affecting administrative driver-license actions, disclosure of DMV files, and handicapped placards (91 CSR 05, 91 CSR 08, 91 CSR 10). Jennifer Rutherford, Division Manager of Legal Services for the DMV, answered committee questions on multiple DMV items before the committee adopted agency modifications and approved each rule as modified.

- The Office of Technology presented two rules, Plan of Operation (163 CSR 04) and Telecommunication Payments Made by the State Spending Units (163 CSR 05). Meghan Shears, chief financial officer for the Office of Technology, responded to committee questions; Chairman Smith requested additional data from the office about the telecommunications payments rule before or concurrent with approval. The committee adopted modifications and approved both rules as modified.

- Rules were also approved for agriculture (61 CSR series), natural resources (58 CSR series), the Board of Barbers and Cosmetologists (3 CSR series), the Division of Highways (157 CSR 03), the Department of Health (64 CSR series), Alcohol Beverage Control (175 CSR 09; 176 CSR 01), the Department of Tax (110 CSR 10G), public defender payment rules (89 CSR 01), and other agencies. Many rules were approved as filed where no modifications were adopted; others were approved as modified after committee action.

Votes at a glance: the committee recorded approvals (as filed or as modified) for the following items discussed Oct. 1: 15 CSR 01 (approved as modified); 15 CSR 02 (approved as modified); 15 CSR 15 (approved as modified); 99 CSR 02 (approved as filed); 81 CSR 02 (approved as modified; recorded no: Senator Caputo); 81 CSR 03 (approved as modified); 55 CSR 02 (approved as modified); 91 CSR 05 (approved as modified); 91 CSR 08 (approved as modified); 91 CSR 10 (approved as modified); 190 CSR 02 (approved as modified); 190 CSR 03 (approved as modified); 190 CSR 05 (approved as modified); 174 CSR 01 (approved as modified); 19 CSR 03 (approved as filed); 61 CSR 03 (approved as filed); 61 CSR 16 (approved as filed); 61 CSR 18 (approved as filed); 61 CSR 19 (approved as modified); 61 CSR 20 (approved as modified); 61 CSR 23A (approved as modified); 61 CSR 33 (approved as filed); 58 CSR 16 (approved as filed); 58 CSR 47 (approved as modified); 58 CSR 49 (approved as filed); 58 CSR 58 (approved as filed); 58 CSR 65 (approved as filed); 3 CSR 05 (approved as modified); 3 CSR 06 (approved as modified); 3 CSR 07 (approved as modified); 163 CSR 04 (approved as modified); 163 CSR 05 (approved as modified; chair requested additional data); 184 CSR 05 (approved as modified); 89 CSR 01 (approved as filed); 155 CSR 12 (approved as modified); 157 CSR 03 (approved as modified); 64 CSR 03 (approved as modified); 64 CSR 29 (approved as filed); 175 CSR 09 (approved as filed); 176 CSR 01 (approved as modified); 110 CSR 10G (approved as modified).

Committee process notes and notable exchanges

- The meeting followed standard procedure: counsel presented abstracts, committee members asked questions, agencies were sometimes asked to respond directly, and Senator Woodrum repeatedly moved to adopt modifications and approve rules. On item 5 (81 CSR 02), the record specifically notes Senator Caputo requested to be recorded as voting no. The transcript does not provide full roll-call tallies for each item.

- On item 14 (174 CSR 01), Senator Woodrum requested a Rule 43 notation and Chairman Smith stated that he was a member of a referenced class and was permitted to vote; the committee nevertheless proceeded to adopt modifications and approve the rule as modified.

- For the Office of Technology telecommunications payment rule (163 CSR 05), Meghan Shears answered committee questions and Chairman Smith requested additional data from the office; the committee nonetheless adopted modifications and approved the rule as modified, indicating the committee sought further information even while approving the rule.

What the record does not show

- The transcript provides committee actions and some direct answers from agency representatives but generally does not include full roll-call vote tallies for each item (with the single exception of Senator Caputo’s recorded no on item 5). The committee’s actions are recorded as motions adopted and rules approved as filed or as modified.

Next steps

Chairman Smith announced the committee’s next meeting will be Nov. 13. With no further business, Senator Woodrum moved to adjourn and the committee adopted the motion.

(Reporting based on the committee transcript of Oct. 1, 2024.)