West Virginia Code of State Rules Agency SC - Supreme Court Of Appeals
The West Virginia Code of State Rules (CSR) is a compilation of regulations promulgated by state agencies to implement and enforce legislative acts. These rules have the force of law and are essential for the functioning of state government. The West Virginia Supreme Court of Appeals plays a crucial role in overseeing these rules, ensuring they align with the state's constitution and statutes.
📘 What Is the Code of State Rules?
The CSR is a comprehensive collection of administrative rules adopted by various state agencies. These rules provide detailed guidance on how laws passed by the West Virginia Legislature are to be applied and enforced. They cover a wide range of topics, including environmental protection, education standards, public health, and more.
⚖️ Role of the Supreme Court of Appeals
The West Virginia Supreme Court of Appeals holds supervisory control over all intermediate appellate courts in the state, as outlined in §51-11-7 of the West Virginia Code. This includes the authority to promulgate rules for procedures in appellate courts. Additionally, the Court ensures that administrative rules and decisions comply with constitutional and statutory requirements.
📝 Administrative Rulemaking Process
Proposal: Agencies draft proposed rules based on enabling legislation.
Public Notice: Proposed rules are published for public comment.
Review: After considering public input, agencies may revise the rules.
Approval: Final rules are submitted to the Secretary of State and the Legislative Rule-Making Review Committee.
Filing: Approved rules are filed with the Secretary of State and become part of the CSR.
🔍 Accessing the Code of State Rules
The CSR is accessible online through the West Virginia Secretary of State's Office. This platform allows users to search for specific rules, view their text, and understand their application.
⚠️ Judicial Review of Administrative Rules
The West Virginia Supreme Court of Appeals has the authority to review administrative rules to ensure they do not exceed statutory authority, violate constitutional provisions, or infringe upon individual rights. Courts may invalidate rules that are found to be arbitrary, capricious, or contrary to law.
🧾 Example: Rule §51-11-7
An illustrative example is §51-11-7 of the West Virginia Code, which outlines the rules of practice and procedure for the Intermediate Court of Appeals. This section
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