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SB 309

Authorizing DOT to promulgate legislative rules

2026 Regular Session Introduced by Patricia Rucker

SB 309 authorizes West Virginia's DOT to develop and enforce legislative rules, accelerating policy implementation but potentially reducing direct legislative oversight of transportation regulation.

Chapter 216, Acts, Regular Session, 2026
#legislature--rulemaking
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Bill Summary · SB 309

Legislative bill overview

SB 309 grants West Virginia's Department of Transportation (DOT) authority to create and implement legislative rules through regulatory rulemaking processes. This empowers DOT to establish operational standards, safety protocols, and administrative procedures without requiring individual legislative approval for each rule.

Why is this important

Regulatory rulemaking authority allows agencies to respond more quickly to transportation needs, safety concerns, and infrastructure challenges without waiting for legislative sessions. However, it also represents a delegation of legislative power to an executive agency, which affects how transportation policy is developed and enforced in the state.

Potential points of contention

  • Scope of authority: The bill's language may be broad enough to allow DOT to create rules beyond traditional transportation matters, raising questions about proper oversight boundaries
  • Public input and transparency: Depending on implementation, stakeholders may have limited opportunity to influence rule development compared to the legislative process
  • Accountability mechanisms: Legislative rules adopted by agencies may have weaker amendment or repeal procedures than statutes passed by elected representatives

Compiled from official sources — confirm details with the bill’s official record.

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