{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4002.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4002.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4002.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4002.1.html"}],"law_id":66656,"edition_id":1,"section_id":66656,"structure_id":13424,"section_number":"2.2-4002.1","catch_line":"Guidance documents","history":"2018, c. 820.","full_text":"A\n\nGuidance documents shall be exempt from the provisions of this chapter, pursuant to this section. Guidance documents do not include agency (i) rulings and advisory opinions, (ii) forms and instructions, (iii) bulletins and legislative summaries, (iv) studies and reports, and (v) internal manuals and memoranda.B\n\nThe agency that develops a guidance document shall certify that the document conforms to the definition of a guidance document in § 2.2-4101.\n\t\t\tThe guidance document shall be subject to a 30-day public comment period, to include public comment through the Virginia Regulatory Town Hall website, after publication in the Virginia Register of Regulations and prior to its effective date.\n\t\t\tThe agency shall provide notice of the opportunity for public comment to interested parties as identified under § 2.2-4007.02 prior to the start of the 30-day public comment period.C\n\nIf a written comment is received during a public comment period asserting that the guidance document is contrary to state law or regulation, or that the document should not be exempted from the provisions of this chapter, the effective date of the guidance document by the agency shall be delayed for an additional 30-day period. During this additional period, the agency shall respond to any such comments in writing by certified mail to the commenter or by posting the response electronically in a manner consistent with the provisions for publication of comments on regulations provided in this chapter. Any person who remains aggrieved after the effective date of the final guidance document may avail himself of the remedies articulated in Article 5 (§ 2.2-4025 et seq.).","order_by":null,"text":{"0":{"id":241799,"text":"Guidance documents shall be exempt from the provisions of this chapter, pursuant to this section. Guidance documents do not include agency (i) rulings and advisory opinions, (ii) forms and instructions, (iii) bulletins and legislative summaries, (iv) studies and reports, and (v) internal manuals and memoranda.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":241800,"text":"The agency that develops a guidance document shall certify that the document conforms to the definition of a guidance document in § 2.2-4101.\n\t\t\tThe guidance document shall be subject to a 30-day public comment period, to include public comment through the Virginia Regulatory Town Hall website, after publication in the Virginia Register of Regulations and prior to its effective date.\n\t\t\tThe agency shall provide notice of the opportunity for public comment to interested parties as identified under § 2.2-4007.02 prior to the start of the 30-day public comment period.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":241801,"text":"If a written comment is received during a public comment period asserting that the guidance document is contrary to state law or regulation, or that the document should not be exempted from the provisions of this chapter, the effective date of the guidance document by the agency shall be delayed for an additional 30-day period. During this additional period, the agency shall respond to any such comments in writing by certified mail to the commenter or by posting the response electronically in a manner consistent with the provisions for publication of comments on regulations provided in this chapter. Any person who remains aggrieved after the effective date of the final guidance document may avail himself of the remedies articulated in Article 5 (§ 2.2-4025 et seq.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13424,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":12798,"metadata":{},"date_created":"2026-06-26 03:44:52","date_modified":"2026-06-26 03:44:52","permalink":{"id":176719,"object_type":"structure","relational_id":13424,"identifier":"1","token":"2.2\/II\/B\/40\/1","url":"\/2.2\/II\/B\/40\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12798,"edition_id":1,"name":"Administrative Process Act","identifier":"40","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":176717,"object_type":"structure","relational_id":12798,"identifier":"40","token":"2.2\/II\/B\/40","url":"\/2.2\/II\/B\/40\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86911,"structure_id":13424,"section_number":"2.2-4000","catch_line":"Short title; purpose","url":"\/2.2-4000\/","token":"2.2\/II\/B\/40\/1\/2.2-4000","metadata":false},{"id":83688,"structure_id":13424,"section_number":"2.2-4001","catch_line":"Definitions","url":"\/2.2-4001\/","token":"2.2\/II\/B\/40\/1\/2.2-4001","metadata":false},{"id":69625,"structure_id":13424,"section_number":"2.2-4002","catch_line":"Exemptions from chapter generally","url":"\/2.2-4002\/","token":"2.2\/II\/B\/40\/1\/2.2-4002","metadata":false},{"id":66656,"structure_id":13424,"section_number":"2.2-4002.1","catch_line":"Guidance documents","url":"\/2.2-4002.1\/","token":"2.2\/II\/B\/40\/1\/2.2-4002.1","metadata":false},{"id":74135,"structure_id":13424,"section_number":"2.2-4003","catch_line":"Venue","url":"\/2.2-4003\/","token":"2.2\/II\/B\/40\/1\/2.2-4003","metadata":false},{"id":54392,"structure_id":13424,"section_number":"2.2-4004","catch_line":"Severability","url":"\/2.2-4004\/","token":"2.2\/II\/B\/40\/1\/2.2-4004","metadata":false},{"id":63647,"structure_id":13424,"section_number":"2.2-4005","catch_line":"Review of exemptions by Joint Legislative Audit and Review Commission; Joint Commission on Administrative Rules","url":"\/2.2-4005\/","token":"2.2\/II\/B\/40\/1\/2.2-4005","metadata":false}],"previous_section":{"id":69625,"structure_id":13424,"section_number":"2.2-4002","catch_line":"Exemptions from chapter generally","url":"\/2.2-4002\/","token":"2.2\/II\/B\/40\/1\/2.2-4002","metadata":false},"next_section":{"id":74135,"structure_id":13424,"section_number":"2.2-4003","catch_line":"Venue","url":"\/2.2-4003\/","token":"2.2\/II\/B\/40\/1\/2.2-4003","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4002.1\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapter 820<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":82742,"section_number":"2.2-4007.02","catch_line":"Public participation guidelines","order_by":null,"url":"\/2.2-4007.02\/"},{"id":69646,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","order_by":null,"url":"\/2.2-4025\/"},{"id":75524,"section_number":"2.2-4101","catch_line":"Definitions","order_by":null,"url":"\/2.2-4101\/"}],"permalink":{"id":176733,"object_type":"law","relational_id":66656,"identifier":"2.2-4002.1","token":"2.2\/II\/B\/40\/1\/2.2-4002.1","url":"\/2.2-4002.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4002.1\/","token":"2.2\/II\/B\/40\/1\/2.2-4002.1","dublin_core":{"Title":"Guidance documents","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4002.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Guidance documents<\/span> shall be exempt from the provisions of this chapter, pursuant to this section. Guidance documents<\/span> do not include agency<\/span> (i) rulings and advisory opinions<\/span>, (ii) forms and instructions, (iii) bulletins and legislative summaries, (iv) studies and reports, and (v) internal manuals and memoranda. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The agency<\/span> that develops a guidance document<\/span> shall certify that the document conforms to the definition of a guidance document<\/span> in § 2.2-4101<\/a>.\n\t\t\tThe guidance document<\/span> shall be subject to a 30-day public comment period, to include public comment through the Virginia Regulatory Town Hall<\/span> website, after publication in the Virginia Register of Regulations<\/span> and prior to its effective date.\n\t\t\tThe agency<\/span> shall provide notice of the opportunity for public comment to interested parties as identified under § 2.2-4007.02<\/a> prior to the start of the 30-day public comment period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a written comment is received during a public comment period asserting that the guidance document<\/span> is contrary to state law<\/span> or regulation<\/span>, or that the document should not be exempted from the provisions of this chapter, the effective date of the guidance document<\/span> by the agency<\/span> shall be delayed for an additional 30-day period. During this additional period, the agency<\/span> shall respond to any such comments in writing by certified mail to the commenter or by posting the response electronically in a manner consistent with the provisions for publication of comments on regulations provided in this chapter. Any person who remains aggrieved after the effective date of the final guidance document<\/span> may avail himself of the remedies articulated in Article 5 (§ 2.2-4025<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGUIDANCE DOCUMENTS (\u00a7 2.2-4002.1)\n\nA. Guidance documents shall be exempt from the provisions of this chapter,\npursuant to this section. Guidance documents do not include agency (i) rulings\nand advisory opinions, (ii) forms and instructions, (iii) bulletins and\nlegislative summaries, (iv) studies and reports, and (v) internal manuals and\nmemoranda.\n\nB. The agency that develops a guidance document shall certify that the document\nconforms to the definition of a guidance document in § 2.2-4101.\n\t\t\tThe guidance document shall be subject to a 30-day public comment period, to\ninclude public comment through the Virginia Regulatory Town Hall website, after\npublication in the Virginia Register of Regulations and prior to its effective\ndate.\n\t\t\tThe agency shall provide notice of the opportunity for public comment to\ninterested parties as identified under § 2.2-4007.02 prior to the start of\nthe 30-day public comment period.\n\nC. If a written comment is received during a public comment period asserting\nthat the guidance document is contrary to state law or regulation, or that the\ndocument should not be exempted from the provisions of this chapter, the\neffective date of the guidance document by the agency shall be delayed for an\nadditional 30-day period. During this additional period, the agency shall\nrespond to any such comments in writing by certified mail to the commenter or by\nposting the response electronically in a manner consistent with the provisions\nfor publication of comments on regulations provided in this chapter. Any person\nwho remains aggrieved after the effective date of the final guidance document\nmay avail himself of the remedies articulated in Article 5 (§ 2.2-4025 et\nseq.).\n\nHISTORY: 2018, c. 820.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}