Attention All Agencies with Rules, Guidelines and or Policies that have a Federal Counterpart

Agencies with Rule-Making Authority,
Due to the passage of SB 619, Regulatory Reform Act, during the 2016 Regular Session, each agency is required to review and evaluate all state rules, guidelines, policies and recommendations under their jurisdiction that have similar federal regulations, guidelines and policies.

Pursuant to §29A-3-20, each agency is required to submit a report to the Joint Committee on Government and Finance and the Legislative Rule-Making Review Committee on or before November 1, 2017. The Joint Committee on Government and Finance and the Rule-Making Review Committee have created a webpage to streamline this process electronically. Please follow the below steps before filing this report:

Step 1

Each agency with rule-making authority needs to review and evaluate all active rules that have a similar federal counterpart. In addition, each agency needs to review and evaluate all current guidelines and policies relating to the administration and enforcement of all active rules that have similar federal regulations, guidelines and or policies. If applicable, each agency needs to determine whether their state rules, guidelines and or policies are more stringent than their federal counterparts.

Step 2

Each agency with rule-making authority needs to provide a public comment period (e.g. via your agency webpage) for all active rules and all current guidelines and or polices relating to the administration and enforcement of all active rules that have a similar federal counterpart. The length of the public comment period is at the discretion of each agency. Additionally, the Joint Committee plans to issue a press release alerting the public of the comment period for purposes of this report. (Do not file a public comment period with the Secretary of State’s office. This report is separate from the normal Rule-Making process)

Step 3

At the close of the public comment period, each agency with rule-making authority must submit a report for each rule, current guideline and or policy that has a federal counterpart to the Joint Committee on Government and Finance and the Legislative Rule-Making Review Committee, via this website, http://lrmc.wvlegislature.gov/, on or before November 1, 2017. Please visit this site at your earliest convenience and register an account. Once an account is created, I will receive an email notifying me to approve the registration. Upon approval, you will be able to file the report(s).

The report must include:

  • A summary of the agencies determination as to whether their state rules, guidelines and or policies are more stringent than their federal counterparts; and
  • All comments received from the public comment period for all active state rules, and all current guidelines and or policies relating to the administration and enforcement of all active state rules that have federal counterparts.

Also, please feel free to forward this email to any division head that may need to file this report. Multiple individuals from the same agency may create an account.

Please do not hesitate to contact me should you have any questions or concerns.

James Fuerhoff

james.fuerhoff@wvlegislature.gov

304-357-4840