Authorizing Department of Administration to promulgate legislative rules

2026 Regular Session Introduced by Patricia Rucker

The department gains formal statutory authority to promulgate administrative rules across its programs.

Chapter 213, Acts, Regular Session, 2026

#legislature--rulemaking

Summary of SB 251 (Session 2026, West Virginia)

Purpose and intent

SB 251 authorizes the Department of Administration to promulgate legislative rules. In essence, it gives the Department a formal statutory authority to propose and adopt state administrative rules (regulations) under West Virginia law.

Key provisions and changes

Authorization for rulemaking: The bill expressly empowers the Department of Administration to promulgate legislative rules. This clarifies and potentially expands the department’s capacity to regulate by setting administrative rules across applicable programs or functions under its purview.

Scope and framework (as implied by language): While the bill text provided does not detail every area of rulemaking, the authorization typically includes defining process, content, and effectiveness of rules, ensuring they align with statutory grants and governing procedures.

Interaction with current law: The bill sits within the state’s framework for legislative rules and administrative procedures, potentially aligning or coordinating Department of Administration rulemaking with existing statutory standards for notice, comment, and codification of rules.

Who or what is affected

Primary affected entity: The West Virginia Department of Administration, which would gain or clarify authority to issue rules.

Indirectly affected stakeholders: State agencies, public agencies, and the general public who are governed by or subject to administrative rules promulgated by the department. Rulemaking can impact compliance requirements, agency operations, procurement, human resources, budgeting processes, and other administrative functions under the department’s oversight.

Procedural and timeline aspects

Legislative journey:

Introduced in the Senate on 2026-01-15 and referred to the Judiciary committee.
Passed through the Senate with a committee substitute and multiple readings, receiving final Senate approval on 2026-02-16 (Effective from passage).
Transmitted to the House, where it progressed through Government Organization and related readings.
Passed the House on 2026-02-25 with an effective date upon passage, and communicated to the Senate.
Governor signed on 2026-03-02.
Codified as Chapter 213, Acts, Regular Session, 2026.

Effective date: The bill notes that its actions become effective upon passage, with the codified chapter enacted by the 2026 regular session.

Enactment status: The bill successfully completed the legislative process and was enacted into law (Chapter 213).

Practical impact

Administrative rulemaking: The Department of Administration will have statutory backing to develop and implement rules, potentially improving consistency, transparency, and accountability in administrative actions.

Process considerations: Agencies and stakeholders may need to engage with the department on proposed rules, participate in public notice and comment processes, and ensure compliance with newly promulgated rules once enacted.

Notes

Co-sponsor: Patricia Rucker.

Specific procedural details (such as thresholds for rulemaking, notice-and-comment requirements, or definitional scope) are not included in the provided summary; the enacted statute (Chapter 213) would set the precise parameters.

If you’d like, I can pull the full text of Chapter 213 or analyze any specific sections to provide a more granular breakdown of rulemaking procedures, notices, and timelines.