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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