Chico Dairy Co. v. West Virginia Human Rights Commission
In Chico Dairy Co. v. West Virginia Human Rights Commission, 181 W.Va. 238, 382 S.E.2d 75 (1989), the Court denounced the practice of enacting legislative rules without complying with the procedures of the State Administrative Procedures Act ("APA"). SeeW.Va. Code 29A-3-1 to -18 (1982) (Repl. Vol. 2002).
Because the legislative rule under examination in Chico Dairy had not been submitted to, reviewed by, and approved by the legislative rule-making committee and the Legislature, as required by the APA, the Court found the rule to be invalid. 181 W.Va. at 245, 382 S.E.2d at 82.