W. Va. Chiropractic Society, Inc. v. Merritt

MILLER, Justice:

The Workers’ Compensation Commissioner (Commissioner) appeals an order of the Circuit Court of Kanawha County holding that she failed to comply with the Administrative Procedures Act, W.Va.Code, 29A-1-1, et seq. (APA), in promulgating what is denominated a “POLICY STATEMENT” and “CHIROPRACTIC FEE AND UTILIZATION SCHEDULE” (Schedule). This Schedule, among other things, limits the maximum charges payable for various chiropractic treatments. 1 The Commissioner contends the Schedule does not constitute a “rule” subject to the rule-making requirements of the APA. An additional…