Email: Chapter 64, Article 10
§64-10-1. Office of Miners’ Health, Safety, and Training.
The legislative rule filed in the State Register on November 7, 2024, authorized under the authority of §22A-10-3 of this code, relating to the Office of Miners' Health, Safety, and Training (certification, recertification, and training of EMT-Miners and the certification of EMT-M instructors, 56 CSR 22), is authorized.
§64-10-2. Division of Natural Resources.
(a) The legislative rule filed in the State Register on September 3, 2024, authorized under the authority of §20-2-11 of this code, relating to the Division of Natural Resources (transporting and selling wildlife parts and pelts, 58 CSR 16), is authorized.
(b) The legislative rule filed in the State Register on August 14, 2024, authorized under the authority of §20-7-13 of this code, relating to the Division of Natural Resources (boating, 58 CSR 25), is authorized.
(c) The legislative rule filed in the State Register on August 14, 2024, authorized under the authority of §20-7-13 of this code, relating to the Division of Natural Resources (special boating, 58 CSR 26), is authorized.
(d) The legislative rule filed in the State Register on August 14, 2024, authorized under the authority of §20-5-2 of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 3, 2024, relating to the Division of Natural Resources (public use of campgrounds in West Virginia State Parks and State Forests and Campsites in State Rail Trails under the Division of Natural Resources, 58 CSR 32), is authorized with the following amendment:
On page 1, by striking out all of subsection 2.2. and inserting in lieu thereof a new subsection 2.2. to read as follows:
2.2. A person who is 18 years of age or older must be at each rented campsite and is responsible for the actions and safety of all campsite occupants and shall be held liable for any damages caused by campsite occupants. Except that, at the discretion of the area superintendent, adjacent campsites occupied by youth organization groups may be considered supervised by a single person who is 18 years of age or older;
And,
On page 2, by striking out all of subsection 2.5. and inserting in lieu thereof a new subsection 2.5. to read as follows:
2.5. No more than two motor vehicles are permitted on a campsite at any time. No more than one camping unit (tent, trailer, motor home, camper van, etc.) is permitted on a campsite; Provided, That a family camping group or youth organization group, at the discretion of the area superintendent, may be permitted to have one or two small tents on its campsite in addition to the main camping unit: Provided, however, That the additional units may not be ecologically detrimental to the campsite. For purposes of this section, a family camping group is defined as a parent or guardian and his or her dependent children or other minor children accompanying the adult.
(e) The legislative rule filed in the State Register on August 14, 2024, authorized under the authority of §20-5-2 of this code, relating to the Division of Natural Resources (special projects and grants for West Virginia State Parks, State Forests, and State Rail Trails under the Division of Natural Resources, 58 CSR 34), is authorized.
(f) The legislative rule filed in the State Register on September 3, 2024, authorized under the authority of §20-1-7 of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 3, 2024, relating to the Division of Natural Resources (prohibitions when hunting and trapping, 58 CSR 47), is authorized with the following amendments:
On page 2, by striking out all of subsection 3.9.;
And,
By renumbering the remaining subsections.
(g) The legislative rule filed in the State Register on September 3, 2024, authorized under the authority of §20-1-7 of this code, relating to the Division of Natural Resources (general hunting, 58 CSR 49), is authorized.
(h) The legislative rule filed in the State Register on September 3, 2024, authorized under the authority of §20-1-7 of this code, relating to the Division of Natural Resources (special waterfowl hunting, 58 CSR 58), is authorized.
(i) The legislative rule filed in the State Register on August 14, 2024, authorized under the authority of §20-1-7 of this code, relating to the Division of Natural Resources (special fishing, 58 CSR 61), is authorized.
(j) The legislative rule filed in the State Register on August 14, 2024, authorized under the authority of §20-1-7 of this code, relating to the Division of Natural Resources (catching and selling baitfish, 58 CSR 62), is authorized.
(k) The legislative rule filed in the State Register on September 3, 2024, authorized under the authority of §20-1-7 of this code, relating to the Division of Natural Resources (falconry, 58 CSR 65), is authorized.
§64-10-3. Office of Miners’ Health, Safety, and Training.
(a) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §22A-1-38 of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 14, 2023, relating to the Office of Miners' Health, Safety and Training (safety provisions for clearing crews, 56 CSR 02), is authorized.
(b) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §22A-2-55 of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 15, 2023, relating to the Office of Miners' Health, Safety and Training (protective clothing and equipment, 56 CSR 04), is authorized.
(c) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §22A-1-6 of this code, relating to the Office of Miners' Health, Safety and Training (reporting requirements for independent contractors, 56 CSR 10), is authorized.
(d) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §22A-1-6 of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 15, 2023, relating to the Office of Miners' Health, Safety and Training (assessing health and safety violation penalties, 56 CSR 12), is authorized.
(e) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §11-13BB-13 of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 15, 2023, relating to the Office of Miners' Health, Safety and Training (application process for the West Virginia Innovative Mine Safety Technology Tax Credit Act, 56 CSR 14), is authorized.
(f) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §22A-1-4 of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 15, 2023, relating to the Office of Miners' Health, Safety and Training (rules governing the program for the sharing of information between employers, 56 CSR 18), is authorized.
(g) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §22A-1A-2 of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 15, 2023, relating to the Office of Miners' Health, Safety and Training (substance abuse screening, standards and procedures, 56 CSR 19), is authorized.
(h) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §22A-2A-1001 of this code, relating to the Miners' Health, Safety and Training (rules for operating diesel equipment in underground mines in West Virginia, 56 CSR 23), is authorized.
§64-10-4. Division of Natural Resources.
(a) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §20-1-7 of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 16, 2023, relating to the Division of Natural Resources (hunting, fishing and other outfitters and guides, 58 CSR 11), is authorized.
(b) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §20-2-23a of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 16, 2023, relating to the Division of Natural Resources (commercial whitewater outfitters, 58 CSR 12), is authorized.
(c) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §20-2-38 of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 16, 2023, relating to the Division of Natural Resources (revocation of hunting and fishing licenses, 58 CSR 23), is authorized.
(d) The legislative rule filed in the State Register on July 20, 2023, authorized under the authority of §20-3-3a of this code, relating to the Division of Natural Resources (Cabwaylingo State Forest Trail System two-year pilot project permitting ATVs and ORVs, 58 CSR 36), is authorized.
(e) The legislative rule filed in the State Register on July 27, 2023, authorized under the authority of §20-2B-7 of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 14, 2023, relating to the Division of Natural Resources (lifetime hunting, trapping, and fishing licenses, 58 CSR 67), is authorized.
§64-10-5. Public Energy Authority.
The legislative rule filed in the State Register on September 7, 2023, authorized under the authority of §5D-1-5c of this code, relating to the Public Energy Authority (rule to petition the Public Energy Authority for approval of decommissioning or deconstruction activities related to any coal, oil, or natural gas fueled power plant, 53 CSR 05), is authorized with the following amendments:
On page 3, by striking out subsection 4.3 in its entirety and inserting in lieu thereof a new subsection 4.3 to read as follows:
“4.3. One paper copy and one electronic PDF version of the Notice shall be filed with the Authority, in addition to the requirements set forth in subsections 6.1., 6.2., 6.3., and 6.4. of this rule.”;
On page 7, subsection 5.3. by striking out the word “five (5)” and inserting in lieu thereof “20”;
On page 7, subdivision 5.3.1. by striking out the word “five (5)” and inserting in lieu thereof “20”;
On page 7, subdivision 5.3.3. by striking out the words “Eight (8) copies” and inserting in lieu thereof the words: “One paper copy and one electronic PDF version”;
On page 7, by striking out subdivision 6.2.1. in its entirety;
On page 7, subsection 6.3., after the word “A”, by striking the word “copy” and inserting in lieu thereof the words “paper copy or electronic PDF version”;
On page 8, subsection 7.6., by striking out the words “not to exceed three (3) pages”;
On page 8, subdivision 8.1.3. by striking out the words “three-page”;
On page 8, by inserting a new subdivision, designated 8.1.4, to read as follows:
“8.1.4. The Authority shall make a decision on the Petition within one year after the submission of the Petition.”;
On page 9, by striking out subsection 9.2. and subdivision 9.2.1. in their entirety and inserting in lieu thereof the new subsections 9.2. and 9.2.1. to read as follows:
9.2. A Petitioner may redact or withhold any confidential or proprietary information that the Petitioner cannot legally disclose. The Petitioner shall include with the petition a letter generally describing the nature of the information redacted or withheld and the legal justification for the redaction or withholding of the information.
9.2.1. The Authority may determine in executive session what additional information is exempt from public disclosure under the West Virginia Freedom of Information Act and may make any additional redactions prior to publishing the Petition on the Authority’s website.
And,
On page 9, by adding a new section, designated §53-5-10 to read as follows:
Ҥ53-5-10. Appeals.
10.1. All proceedings in the appeal of the Authority’s actions concerning a Petition or the proceedings therefore, and any judicial review thereof, shall be conducted in accordance with the provisions of §29A-5-1 et seq. of this code and any procedural rules adopted pursuant thereto.”