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1998 Op. W. Va. Att'y Gen. 1 (1998)

handle is hein.sag/sagwv0049 and id is 1 raw text is: 




                                 STATE OF WEST VIRGINIA
                            OFFICE Of THE ATTORNEY GENERAL
                                   CHARLESTON 25305                          (304) 558-2021
DCIAR*JEUL V MicGRAW, JR.                                                  A (304) 558201
ATrORNEY GENERAL                                                          FAX (304 55641140


                                      April 16, 1998





     The Honorable Ken Hechler
     Secretary of State
     Building 1, Suite I 57-K                                                         C
     Charleston, West Virginia 25305

     Dear Secretary Hechler:

           You have requested the opinion of this office concerning matters addressed
     to your attention by the Honorable Robin C. Capehart, Secretary of Tax and
     Revenue. More particularly, your letter of April 1. 1998 states:

                  Enclosed is a copy of a letter dated March 31, 1998, which I
           received yesterday from Robin C. Capehart, Secretary of Tax and
           revenue. This letter discusses the status of the two Banking rules,
           eight Insurance rules and seven Tax rules that were included in HB
           4177, which did not pass the 1998 Legislature.

     The March 31, 1998, letter of Secretary Capehart states in part:

                  The Legislature adjourned sinie without passing Committee
            Substitute for WB. 4177, which is the bill authorizing promulgation of
            legislative rules proposed by the Commissioners of Banking, Insurance
            and Tax. This letter discusses the status of those rules and requests
            your confirmation of conclusion.

                  An argument can be made that these rules as last filed in the
            West Virinia Reister now go into effect.


                  The Secretary of State maintains the State Register and the West
            Virginia Administrative Code of State Rules. In this capacity, your
            office is responsible for maintaining copies of legislative rules that are
            in force and effect. tn light of the facts and circumstances outlined in







                 ,a

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