{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4002.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4002.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4002.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4002.html"}],"law_id":69625,"edition_id":1,"section_id":69625,"structure_id":13424,"section_number":"2.2-4002","catch_line":"Exemptions from chapter generally","history":"1985, c. 602, \u00a7 9-6.14:4.1; 1986, c. 615; 1987, cc. 375, 652; 1988, cc. 364, 424, 498, 723, 765, 820; 1989, cc. 54, 299, 478; 1990, cc. 721, 968; 1991, cc. 80, 294, 344; 1992, cc. 200, 409, 488, 592, 793; 1993, cc. 537, 669, 898; 1994, cc. 237, 577, 649, 740, 743, 801; 1995, cc. 103, 499, 516; 1996, cc. 51, 152, 158, 189, 205, 279, 320, 345, 573, 590, 598, 638, 705, 735, 818, 1012; 1997, cc. 87, 88, 109, 212, 390, 439, 567, 624, 785, 806, 845, 850, 861, 868; 1998, cc. 39, 619, 784; 1999, cc. 412, 421, 433, 603; 2000, cc. 382, 400, 924, 1011; 2001, cc. 465, 523, 688, 820, 844; 2003, cc. 639, 695; 2004, c. 802; 2006, c. 442; 2007, cc. 41, 870, 932; 2008, c. 672; 2009, c. 472; 2010, cc. 65, 178, 480, 728; 2012, cc. 476, 507, 594, 803, 835; 2013, cc. 59, 234, 760, 780; 2014, c. 225; 2015, c. 108; 2017, cc. 266, 584; 2018, c. 646; 2019, c. 834; 2020, cc. 201, 356, 851, 958; 2022, cc. 554, 609.","full_text":"A\n\nAlthough required to comply with \u00a7 2.2-4103 of the Virginia Register Act (\u00a7 2.2-4100 et seq.), the following agencies shall be exempted from the provisions of this chapter, except to the extent that they are specifically made subject to \u00a7\u00a7 2.2-4024, 2.2-4030, and 2.2-4031:1\n\nThe General Assembly.2\n\nCourts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.3\n\nThe Department of Wildlife Resources in promulgating regulations regarding the management of wildlife and for all case decisions rendered pursuant to any provisions of Chapters 2 (§ 29.1-200 et seq.), 3 (§ 29.1-300 et seq.), 4 (§ 29.1-400 et seq.), 5 (§ 29.1-500 et seq.), and 7 (§ 29.1-700 et seq.) of Title 29.1.4\n\nThe Virginia Housing Development Authority.5\n\nMunicipal corporations, counties, and all local, regional, or multijurisdictional authorities created under this Code, including those with federal authorities.6\n\nEducational institutions operated by the Commonwealth, provided that, with respect to § 2.2-4031, such educational institutions shall be exempt from the publication requirements only with respect to regulations that pertain to (i) their academic affairs, (ii) the selection, tenure, promotion, and disciplining of faculty and employees, (iii) the selection of students, and (iv) rules of conduct and disciplining of students.7\n\nThe Milk Commission in promulgating regulations regarding (i) producers’ licenses and bases, (ii) classification and allocation of milk, computation of sales, and shrinkage, and (iii) class prices for producers’ milk, time and method of payment, butterfat testing, and differential.8\n\nThe Virginia Resources Authority.9\n\nAgencies expressly exempted by any other provision of this Code.10\n\nThe Department of General Services in promulgating standards for the inspection of buildings for asbestos pursuant to § 2.2-1164.11\n\nThe State Council of Higher Education for Virginia, in developing, issuing, and revising guidelines pursuant to § 23.1-207.12\n\nThe Commissioner of Agriculture and Consumer Services in adopting regulations pursuant to subsection B of § 3.2-6002 and in adopting regulations pursuant to § 3.2-6023.13\n\nThe Commissioner of Agriculture and Consumer Services and the Board of Agriculture and Consumer Services in promulgating regulations pursuant to subsections B and D of § 3.2-3601, subsection B of § 3.2-3701, § 3.2-4002, subsections B and D of § 3.2-4801, §§ 3.2-5121 and 3.2-5206, and subsection A of § 3.2-5406.14\n\nThe Board of Optometry when specifying therapeutic pharmaceutical agents, treatment guidelines, and diseases and abnormal conditions of the human eye and its adnexa for TPA-certification of optometrists pursuant to Article 5 (§ 54.1-3222 et seq.) of Chapter 32 of Title 54.1.15\n\nThe Commissioner of the Department of Veterans Services in adopting regulations pursuant to § 2.2-2001.3.16\n\nThe State Board of Education, in developing, issuing, and revising guidelines pursuant to § 22.1-203.2.17\n\nThe Virginia Racing Commission, (i) when acting by and through its duly appointed stewards or in matters related to any specific race meeting or (ii) in promulgating technical rules regulating actual live horse racing at race meetings licensed by the Commission.18\n\nThe Virginia Small Business Financing Authority.19\n\nThe Virginia Economic Development Partnership Authority.20\n\nThe Board of Agriculture and Consumer Services in adopting, amending, or repealing regulations pursuant to subsection A (ii) of § 59.1-156.21\n\nThe Insurance Continuing Education Board pursuant to § 38.2-1867.22\n\nThe Board of Health in promulgating the list of diseases that shall be reported to the Department of Health pursuant to § 32.1-35 and in adopting, amending, or repealing regulations pursuant to subsection C of § 35.1-14 that incorporate the Food and Drug Administration’s Food Code pertaining to restaurants or food service.23\n\nThe Board of Pharmacy when specifying special subject requirements for continuing education for pharmacists pursuant to § 54.1-3314.1.24\n\nThe Virginia Department of Veterans Services when promulgating rules and regulations pursuant to § 58.1-3219.7 or 58.1-3219.11.25\n\nThe Virginia Department of Criminal Justice Services when developing, issuing, or revising any training standards established by the Criminal Justice Services Board under § 9.1-102, provided such actions are authorized by the Governor in the interest of public safety.B\n\nAgency action relating to the following subjects shall be exempted from the provisions of this chapter:1\n\nMoney or damage claims against the Commonwealth or agencies thereof.2\n\nThe award or denial of state contracts, as well as decisions regarding compliance therewith.3\n\nThe location, design, specifications, or construction of public buildings or other facilities.4\n\nGrants of state or federal funds or property.5\n\nThe chartering of corporations.6\n\nCustomary military, militia, naval, or police functions.7\n\nThe selection, tenure, dismissal, direction, or control of any officer or employee of an agency of the Commonwealth.8\n\nThe conduct of elections or eligibility to vote.9\n\nInmates of prisons or other such facilities or parolees therefrom.10\n\nThe custody of persons in, or sought to be placed in, mental health facilities or penal or other state institutions as well as the treatment, supervision, or discharge of such persons.11\n\nTraffic signs, markers, or control devices.12\n\nInstructions for application or renewal of a license, certificate, or registration required by law.13\n\nContent of, or rules for the conduct of, any examination required by law.14\n\nThe administration of pools authorized by Chapter 47 (§ 2.2-4700 et seq.).15\n\nAny rules for the conduct of specific lottery games, so long as such rules are not inconsistent with duly adopted regulations of the Virginia Lottery Board, and provided that such regulations are published and posted.16\n\nOrders condemning or closing any shellfish, finfish, or crustacea growing area and the shellfish, finfish, or crustacea located thereon pursuant to Article 2 (§ 28.2-803 et seq.) of Chapter 8 of Title 28.2.17\n\nAny operating procedures for review of child deaths developed by the State Child Fatality Review Team pursuant to § 32.1-283.1, any operating procedures for review of adult deaths developed by the Adult Fatality Review Team pursuant to § 32.1-283.5, any operating procedures for review of adult deaths developed by the Maternal Mortality Review Team pursuant to § 32.1-283.8, and any operating procedures for review of the deaths of persons with a developmental disability developed by the Developmental Disabilities Mortality Review Committee pursuant to § 37.2-314.1.18\n\nThe regulations for the implementation of the Health Practitioners’ Monitoring Program and the activities of the Health Practitioners’ Monitoring Program Committee pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1.19\n\nThe process of reviewing and ranking grant applications submitted to the Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12 (§ 51.5-178 et seq.) of Chapter 14 of Title 51.5.20\n\nLoans from the Small Business Environmental Compliance Assistance Fund pursuant to Article 4 (§ 10.1-1197.1 et seq.) of Chapter 11.1 of Title 10.1.21\n\nThe Virginia Breeders Fund created pursuant to § 59.1-372.22\n\nThe types of pari-mutuel wagering pools available for live or simulcast horse racing.23\n\nThe administration of medication or other substances foreign to the natural horse.24\n\nAny rules adopted by the Department of Agriculture and Consumer Services for the approval and conduct of game variations for the conduct of raffles, bingo, network bingo, and instant bingo games, provided that such rules are (i) consistent with Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 and (ii) published and posted.C\n\nMinor changes to regulations published in the Virginia Administrative Code under the Virginia Register Act (§ 2.2-4100 et seq.), made by the Virginia Code Commission pursuant to § 30-150, shall be exempt from the provisions of this chapter.","order_by":null,"text":{"0":{"id":251701,"text":"Although required to comply with \u00a7 2.2-4103 of the Virginia Register Act (\u00a7 2.2-4100 et seq.), the following agencies shall be exempted from the provisions of this chapter, except to the extent that they are specifically made subject to \u00a7\u00a7 2.2-4024, 2.2-4030, and 2.2-4031:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":251702,"text":"The General Assembly.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":251703,"text":"Courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":251704,"text":"The Department of Wildlife Resources in promulgating regulations regarding the management of wildlife and for all case decisions rendered pursuant to any provisions of Chapters 2 (§ 29.1-200 et seq.), 3 (§ 29.1-300 et seq.), 4 (§ 29.1-400 et seq.), 5 (§ 29.1-500 et seq.), and 7 (§ 29.1-700 et seq.) of Title 29.1.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":251705,"text":"The Virginia Housing Development Authority.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":251706,"text":"Municipal corporations, counties, and all local, regional, or multijurisdictional authorities created under this Code, including those with federal authorities.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":251707,"text":"Educational institutions operated by the Commonwealth, provided that, with respect to § 2.2-4031, such educational institutions shall be exempt from the publication requirements only with respect to regulations that pertain to (i) their academic affairs, (ii) the selection, tenure, promotion, and disciplining of faculty and employees, (iii) the selection of students, and (iv) rules of conduct and disciplining of students.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":251708,"text":"The Milk Commission in promulgating regulations regarding (i) producers’ licenses and bases, (ii) classification and allocation of milk, computation of sales, and shrinkage, and (iii) class prices for producers’ milk, time and method of payment, butterfat testing, and differential.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":251709,"text":"The Virginia Resources Authority.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":251710,"text":"Agencies expressly exempted by any other provision of this Code.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":251711,"text":"The Department of General Services in promulgating standards for the inspection of buildings for asbestos pursuant to § 2.2-1164.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":251712,"text":"The State Council of Higher Education for Virginia, in developing, issuing, and revising guidelines pursuant to § 23.1-207.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":251713,"text":"The Commissioner of Agriculture and Consumer Services in adopting regulations pursuant to subsection B of § 3.2-6002 and in adopting regulations pursuant to § 3.2-6023.","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":251714,"text":"The Commissioner of Agriculture and Consumer Services and the Board of Agriculture and Consumer Services in promulgating regulations pursuant to subsections B and D of § 3.2-3601, subsection B of § 3.2-3701, § 3.2-4002, subsections B and D of § 3.2-4801, §§ 3.2-5121 and 3.2-5206, and subsection A of § 3.2-5406.","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":251715,"text":"The Board of Optometry when specifying therapeutic pharmaceutical agents, treatment guidelines, and diseases and abnormal conditions of the human eye and its adnexa for TPA-certification of optometrists pursuant to Article 5 (§ 54.1-3222 et seq.) of Chapter 32 of Title 54.1.","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":251716,"text":"The Commissioner of the Department of Veterans Services in adopting regulations pursuant to § 2.2-2001.3.","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"A16"},"16":{"id":251717,"text":"The State Board of Education, in developing, issuing, and revising guidelines pursuant to § 22.1-203.2.","type":"section","prefixes":["A","16"],"prefix":"16","entire_prefix":"A16","prefix_anchor":"A16","level":2,"prior_prefix":"A15","next_prefix":"A17"},"17":{"id":251718,"text":"The Virginia Racing Commission, (i) when acting by and through its duly appointed stewards or in matters related to any specific race meeting or (ii) in promulgating technical rules regulating actual live horse racing at race meetings licensed by the Commission.","type":"section","prefixes":["A","17"],"prefix":"17","entire_prefix":"A17","prefix_anchor":"A17","level":2,"prior_prefix":"A16","next_prefix":"A18"},"18":{"id":251719,"text":"The Virginia Small Business Financing Authority.","type":"section","prefixes":["A","18"],"prefix":"18","entire_prefix":"A18","prefix_anchor":"A18","level":2,"prior_prefix":"A17","next_prefix":"A19"},"19":{"id":251720,"text":"The Virginia Economic Development Partnership Authority.","type":"section","prefixes":["A","19"],"prefix":"19","entire_prefix":"A19","prefix_anchor":"A19","level":2,"prior_prefix":"A18","next_prefix":"A20"},"20":{"id":251721,"text":"The Board of Agriculture and Consumer Services in adopting, amending, or repealing regulations pursuant to subsection A (ii) of § 59.1-156.","type":"section","prefixes":["A","20"],"prefix":"20","entire_prefix":"A20","prefix_anchor":"A20","level":2,"prior_prefix":"A19","next_prefix":"A21"},"21":{"id":251722,"text":"The Insurance Continuing Education Board pursuant to § 38.2-1867.","type":"section","prefixes":["A","21"],"prefix":"21","entire_prefix":"A21","prefix_anchor":"A21","level":2,"prior_prefix":"A20","next_prefix":"A22"},"22":{"id":251723,"text":"The Board of Health in promulgating the list of diseases that shall be reported to the Department of Health pursuant to § 32.1-35 and in adopting, amending, or repealing regulations pursuant to subsection C of § 35.1-14 that incorporate the Food and Drug Administration’s Food Code pertaining to restaurants or food service.","type":"section","prefixes":["A","22"],"prefix":"22","entire_prefix":"A22","prefix_anchor":"A22","level":2,"prior_prefix":"A21","next_prefix":"A23"},"23":{"id":251724,"text":"The Board of Pharmacy when specifying special subject requirements for continuing education for pharmacists pursuant to § 54.1-3314.1.","type":"section","prefixes":["A","23"],"prefix":"23","entire_prefix":"A23","prefix_anchor":"A23","level":2,"prior_prefix":"A22","next_prefix":"A24"},"24":{"id":251725,"text":"The Virginia Department of Veterans Services when promulgating rules and regulations pursuant to § 58.1-3219.7 or 58.1-3219.11.","type":"section","prefixes":["A","24"],"prefix":"24","entire_prefix":"A24","prefix_anchor":"A24","level":2,"prior_prefix":"A23","next_prefix":"A25"},"25":{"id":251726,"text":"The Virginia Department of Criminal Justice Services when developing, issuing, or revising any training standards established by the Criminal Justice Services Board under § 9.1-102, provided such actions are authorized by the Governor in the interest of public safety.","type":"section","prefixes":["A","25"],"prefix":"25","entire_prefix":"A25","prefix_anchor":"A25","level":2,"prior_prefix":"A24","next_prefix":"B"},"26":{"id":251727,"text":"Agency action relating to the following subjects shall be exempted from the provisions of this chapter:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A25","next_prefix":"B1"},"27":{"id":251728,"text":"Money or damage claims against the Commonwealth or agencies thereof.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"28":{"id":251729,"text":"The award or denial of state contracts, as well as decisions regarding compliance therewith.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"29":{"id":251730,"text":"The location, design, specifications, or construction of public buildings or other facilities.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"30":{"id":251731,"text":"Grants of state or federal funds or property.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"31":{"id":251732,"text":"The chartering of corporations.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"32":{"id":251733,"text":"Customary military, militia, naval, or police functions.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"33":{"id":251734,"text":"The selection, tenure, dismissal, direction, or control of any officer or employee of an agency of the Commonwealth.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"34":{"id":251735,"text":"The conduct of elections or eligibility to vote.","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"35":{"id":251736,"text":"Inmates of prisons or other such facilities or parolees therefrom.","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"36":{"id":251737,"text":"The custody of persons in, or sought to be placed in, mental health facilities or penal or other state institutions as well as the treatment, supervision, or discharge of such persons.","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"37":{"id":251738,"text":"Traffic signs, markers, or control devices.","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"38":{"id":251739,"text":"Instructions for application or renewal of a license, certificate, or registration required by law.","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B13"},"39":{"id":251740,"text":"Content of, or rules for the conduct of, any examination required by law.","type":"section","prefixes":["B","13"],"prefix":"13","entire_prefix":"B13","prefix_anchor":"B13","level":2,"prior_prefix":"B12","next_prefix":"B14"},"40":{"id":251741,"text":"The administration of pools authorized by Chapter 47 (§ 2.2-4700 et seq.).","type":"section","prefixes":["B","14"],"prefix":"14","entire_prefix":"B14","prefix_anchor":"B14","level":2,"prior_prefix":"B13","next_prefix":"B15"},"41":{"id":251742,"text":"Any rules for the conduct of specific lottery games, so long as such rules are not inconsistent with duly adopted regulations of the Virginia Lottery Board, and provided that such regulations are published and posted.","type":"section","prefixes":["B","15"],"prefix":"15","entire_prefix":"B15","prefix_anchor":"B15","level":2,"prior_prefix":"B14","next_prefix":"B16"},"42":{"id":251743,"text":"Orders condemning or closing any shellfish, finfish, or crustacea growing area and the shellfish, finfish, or crustacea located thereon pursuant to Article 2 (§ 28.2-803 et seq.) of Chapter 8 of Title 28.2.","type":"section","prefixes":["B","16"],"prefix":"16","entire_prefix":"B16","prefix_anchor":"B16","level":2,"prior_prefix":"B15","next_prefix":"B17"},"43":{"id":251744,"text":"Any operating procedures for review of child deaths developed by the State Child Fatality Review Team pursuant to § 32.1-283.1, any operating procedures for review of adult deaths developed by the Adult Fatality Review Team pursuant to § 32.1-283.5, any operating procedures for review of adult deaths developed by the Maternal Mortality Review Team pursuant to § 32.1-283.8, and any operating procedures for review of the deaths of persons with a developmental disability developed by the Developmental Disabilities Mortality Review Committee pursuant to § 37.2-314.1.","type":"section","prefixes":["B","17"],"prefix":"17","entire_prefix":"B17","prefix_anchor":"B17","level":2,"prior_prefix":"B16","next_prefix":"B18"},"44":{"id":251745,"text":"The regulations for the implementation of the Health Practitioners’ Monitoring Program and the activities of the Health Practitioners’ Monitoring Program Committee pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1.","type":"section","prefixes":["B","18"],"prefix":"18","entire_prefix":"B18","prefix_anchor":"B18","level":2,"prior_prefix":"B17","next_prefix":"B19"},"45":{"id":251746,"text":"The process of reviewing and ranking grant applications submitted to the Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12 (§ 51.5-178 et seq.) of Chapter 14 of Title 51.5.","type":"section","prefixes":["B","19"],"prefix":"19","entire_prefix":"B19","prefix_anchor":"B19","level":2,"prior_prefix":"B18","next_prefix":"B20"},"46":{"id":251747,"text":"Loans from the Small Business Environmental Compliance Assistance Fund pursuant to Article 4 (§ 10.1-1197.1 et seq.) of Chapter 11.1 of Title 10.1.","type":"section","prefixes":["B","20"],"prefix":"20","entire_prefix":"B20","prefix_anchor":"B20","level":2,"prior_prefix":"B19","next_prefix":"B21"},"47":{"id":251748,"text":"The Virginia Breeders Fund created pursuant to § 59.1-372.","type":"section","prefixes":["B","21"],"prefix":"21","entire_prefix":"B21","prefix_anchor":"B21","level":2,"prior_prefix":"B20","next_prefix":"B22"},"48":{"id":251749,"text":"The types of pari-mutuel wagering pools available for live or simulcast horse racing.","type":"section","prefixes":["B","22"],"prefix":"22","entire_prefix":"B22","prefix_anchor":"B22","level":2,"prior_prefix":"B21","next_prefix":"B23"},"49":{"id":251750,"text":"The administration of medication or other substances foreign to the natural horse.","type":"section","prefixes":["B","23"],"prefix":"23","entire_prefix":"B23","prefix_anchor":"B23","level":2,"prior_prefix":"B22","next_prefix":"B24"},"50":{"id":251751,"text":"Any rules adopted by the Department of Agriculture and Consumer Services for the approval and conduct of game variations for the conduct of raffles, bingo, network bingo, and instant bingo games, provided that such rules are (i) consistent with Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 and (ii) published and posted.","type":"section","prefixes":["B","24"],"prefix":"24","entire_prefix":"B24","prefix_anchor":"B24","level":2,"prior_prefix":"B23","next_prefix":"C"},"51":{"id":251752,"text":"Minor changes to regulations published in the Virginia Administrative Code under the Virginia Register Act (§ 2.2-4100 et seq.), made by the Virginia Code Commission pursuant to § 30-150, shall be exempt from the provisions of this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B24"}},"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 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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 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documents","url":"\/2.2-4002.1\/","token":"2.2\/II\/B\/40\/1\/2.2-4002.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4002\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 602 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. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 32 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 615; in 1987, chapters 375 and 652; in 1988, chapters 364, 424, 498, 723, 765, and 820; in 1989, chapters 54, 299, and 478; in 1990, chapters 721 and 968; in 1991, chapters 80, 294, and 344; in 1992, chapters 200, 409, 488, 592, and 793; in 1993, chapters 537, 669, and 898; in 1994, chapters 237<\/a>, 577<\/a>, 649<\/a>, 740<\/a>, 743<\/a>, and 801<\/a>; in 1995, chapters 103<\/a>, 499<\/a>, and 516<\/a>; in 1996, chapters 51<\/a>, 152<\/a>, 158<\/a>, 189<\/a>, 205<\/a>, 279<\/a>, 320<\/a>, 345<\/a>, 573<\/a>, 590<\/a>, 598<\/a>, 638<\/a>, 705<\/a>, 735<\/a>, 818<\/a>, and 1012<\/a>; in 1997, chapters 87<\/a>, 88<\/a>, 109<\/a>, 212<\/a>, 390<\/a>, 439<\/a>, 567<\/a>, 624<\/a>, 785<\/a>, 806<\/a>, 845<\/a>, 850<\/a>, 861<\/a>, and 868<\/a>; in 1998, chapters 39<\/a>, 619<\/a>, and 784<\/a>; in 1999, chapters 412<\/a>, 421<\/a>, 433<\/a>, and 603<\/a>; in 2000, chapters 382<\/a>, 400<\/a>, 924<\/a>, and 1011<\/a>; in 2001, chapters 465<\/a>, 523<\/a>, 688<\/a>, 820<\/a>, and 844<\/a>; in 2003, chapters 639<\/a> and 695<\/a>; in 2004, chapter 802<\/a>; in 2006, chapter 442<\/a>; in 2007, chapters 41<\/a>, 870<\/a>, and 932<\/a>; in 2008, chapter 672<\/a>; in 2009, chapter 472<\/a>; in 2010, chapters 65<\/a>, 178<\/a>, 480<\/a>, and 728<\/a>; in 2012, chapters 476<\/a>, 507<\/a>, 594<\/a>, 803<\/a>, and 835<\/a>; in 2013, chapters 59<\/a>, 234<\/a>, 760<\/a>, and 780<\/a>; in 2014, chapter 225<\/a>; in 2015, chapter 108<\/a>; in 2017, chapters 266<\/a> and 584<\/a>; in 2018, chapter 646<\/a>; in 2019, chapter 834<\/a>; in 2020, chapters 201<\/a>, 356<\/a>, 851<\/a>, and 958<\/a>; in 2022, chapters 554<\/a> and 609<\/a>.<\/p>","references":[{"id":85562,"section_number":"18.2-265.12","catch_line":"Authority to access data, records, and reports","order_by":null,"url":"\/18.2-265.12\/"},{"id":69807,"section_number":"18.2-265.8","catch_line":"Real-time electronic recording of sales of ephedrine or related compounds; memorandum of understanding","order_by":null,"url":"\/18.2-265.8\/"},{"id":81711,"section_number":"2.2-1206","catch_line":"Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active local law-enforcement officer, firefighter, etc., through a plan sponsor","order_by":null,"url":"\/2.2-1206\/"},{"id":64046,"section_number":"2.2-1606","catch_line":"Powers of Director","order_by":null,"url":"\/2.2-1606\/"},{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"},{"id":74274,"section_number":"2.2-4007.01","catch_line":"Notice of intended regulatory action; 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A.<\/span> Although required to comply with \u00a7 2.2-4103<\/a> of the Virginia Register Act (\u00a7 2.2-4100<\/a> et seq.), the following agencies shall be exempted from the provisions of this chapter, except to the extent that they are specifically made subject to \u00a7\u00a7 2.2-4024<\/a>, 2.2-4030<\/a>, and 2.2-4031<\/a>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The General Assembly. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Courts<\/span>, any agency<\/span> of the Supreme Court<\/span>, and any agency<\/span> that by the Constitution is expressly granted any of the powers of a court<\/span> of record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Department of Wildlife Resources in promulgating regulations<\/span> regarding the management of wildlife and for all case decisions<\/span> rendered pursuant to any provisions of Chapters 2 (§ 29.1-200<\/a> et seq.), 3 (§ 29.1-300<\/a> et seq.), 4 (§ 29.1-400<\/a> et seq.), 5 (§ 29.1-500<\/a> et seq.), and 7 (§ 29.1-700<\/a> et seq.) of Title 29.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Virginia Housing Development Authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Municipal corporations, counties, and all local, regional, or multijurisdictional authorities created under this Code, including those with federal authorities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Educational institutions operated by the Commonwealth, provided that, with respect to § 2.2-4031<\/a>, such educational institutions shall be exempt from the publication requirements only with respect to regulations<\/span> that pertain to (i) their academic affairs, (ii) the selection, tenure, promotion, and disciplining of faculty and employees, (iii) the selection of students, and (iv) rules<\/span> of conduct and disciplining of students. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The Milk Commission in promulgating regulations<\/span> regarding (i) producers’ licenses and bases, (ii) classification and allocation of milk, computation of sales, and shrinkage, and (iii) class prices for producers’ milk, time and method of payment, butterfat testing, and differential. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The Virginia Resources Authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Agencies expressly exempted by any other provision of this Code. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> The Department of General Services in promulgating standards for the inspection of buildings for asbestos pursuant to § 2.2-1164<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> The State Council of Higher Education for Virginia, in developing, issuing, and revising guidelines pursuant to § 23.1-207<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> The Commissioner of Agriculture and Consumer Services in adopting regulations<\/span> pursuant to subsection B of § 3.2-6002<\/a> and in adopting regulations<\/span> pursuant to § 3.2-6023<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> The Commissioner of Agriculture and Consumer Services and the Board of Agriculture and Consumer Services in promulgating regulations<\/span> pursuant to subsections B and D of § 3.2-3601<\/a>, subsection B of § 3.2-3701<\/a>, § 3.2-4002<\/a>, subsections B and D of § 3.2-4801<\/a>, §§ 3.2-5121<\/a> and 3.2-5206<\/a>, and subsection A of § 3.2-5406<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> The Board of Optometry when specifying therapeutic pharmaceutical agents, treatment guidelines, and diseases and abnormal conditions of the human eye and its adnexa for TPA-certification of optometrists pursuant to Article 5 (§ 54.1-3222<\/a> et seq.) of Chapter 32 of Title 54.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> The Commissioner of the Department of Veterans Services in adopting regulations<\/span> pursuant to § 2.2-2001.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> The State Board of Education, in developing, issuing, and revising guidelines pursuant to § 22.1-203.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> The Virginia Racing Commission, (i) when acting by and through its duly appointed stewards or in matters related to any specific race meeting or (ii) in promulgating technical rules<\/span> regulating actual live horse racing at race meetings licensed by the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> The Virginia Small Business Financing Authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> The Virginia Economic Development Partnership Authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> The Board of Agriculture and Consumer Services in adopting, amending, or repealing regulations<\/span> pursuant to subsection A (ii) of § 59.1-156<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> The Insurance Continuing Education Board pursuant to § 38.2-1867<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

22.<\/span> The Board of Health in promulgating the list of diseases that shall be reported to the Department of Health pursuant to § 32.1-35<\/a> and in adopting, amending, or repealing regulations<\/span> pursuant to subsection C of § 35.1-14<\/a> that incorporate the Food and Drug Administration’s Food Code pertaining to restaurants or food service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

23.<\/span> The Board of Pharmacy when specifying special subject requirements for continuing education for pharmacists pursuant to § 54.1-3314.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

24.<\/span> The Virginia Department of Veterans Services when promulgating rules<\/span> and regulations<\/span> pursuant to § 58.1-3219.7<\/a> or 58.1-3219.11<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

25.<\/span> The Virginia Department of Criminal Justice Services when developing, issuing, or revising any training standards established by the Criminal Justice Services Board under § 9.1-102<\/a>, provided such actions are authorized by the Governor in the interest of public safety. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Agency action<\/span> relating to the following subjects shall be exempted from the provisions of this chapter: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Money or damage claims against the Commonwealth or agencies thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The award or denial of state contracts<\/span>, as well as decisions regarding compliance therewith. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The location, design, specifications, or construction of public buildings or other facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Grants of state or federal funds or property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The chartering of corporations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Customary military, militia, naval, or police functions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The selection, tenure, dismissal<\/span>, direction, or control of any officer or employee of an agency of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The conduct of elections or eligibility to vote. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Inmates of prisons or other such facilities or parolees therefrom. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> The custody<\/span> of persons in, or sought to be placed in, mental health facilities or penal or other state institutions as well as the treatment, supervision, or discharge of such persons. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Traffic signs, markers, or control devices. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Instructions for application or renewal of a license, certificate, or registration required by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Content of, or rules<\/span> for the conduct of, any examination required by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> The administration of pools authorized by Chapter 47 (§ 2.2-4700<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Any rules<\/span> for the conduct of specific lottery games, so long as such rules<\/span> are not inconsistent with duly adopted regulations<\/span> of the Virginia Lottery Board, and provided that such regulations<\/span> are published and posted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Orders<\/span> condemning or closing any shellfish, finfish, or crustacea growing area and the shellfish, finfish, or crustacea located thereon pursuant to Article 2 (§ 28.2-803<\/a> et seq.) of Chapter 8 of Title 28.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Any operating procedures for review of child deaths developed by the State Child Fatality Review Team pursuant to § 32.1-283.1<\/a>, any operating procedures for review of adult deaths developed by the Adult Fatality Review Team pursuant to § 32.1-283.5<\/a>, any operating procedures for review of adult deaths developed by the Maternal Mortality Review Team pursuant to § 32.1-283.8<\/a>, and any operating procedures for review of the deaths of persons with a developmental disability developed by the Developmental Disabilities Mortality Review Committee pursuant to § 37.2-314.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> The regulations<\/span> for the implementation of the Health Practitioners’ Monitoring Program and the activities of the Health Practitioners’ Monitoring Program Committee pursuant to Chapter 25.1 (§ 54.1-2515<\/a> et seq.) of Title 54.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> The process of reviewing and ranking grant applications submitted to the Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12 (§ 51.5-178<\/a> et seq.) of Chapter 14 of Title 51.5. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> Loans from the Small Business Environmental Compliance Assistance Fund pursuant to Article 4 (§ 10.1-1197.1<\/a> et seq.) of Chapter 11.1 of Title 10.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> The Virginia Breeders Fund created pursuant to § 59.1-372<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

22.<\/span> The types of pari-mutuel wagering pools available for live or simulcast horse racing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

23.<\/span> The administration of medication or other substances foreign to the natural horse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

24.<\/span> Any rules<\/span> adopted by the Department of Agriculture and Consumer Services for the approval and conduct of game variations for the conduct of raffles, bingo, network bingo, and instant bingo games, provided that such rules<\/span> are (i) consistent with Article 1.1:1 (§ 18.2-340.15<\/a> et seq.) of Chapter 8 of Title 18.2 and (ii) published and posted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Minor<\/span> changes to regulations<\/span> published in the Virginia Administrative Code under the Virginia Register Act (§ 2.2-4100<\/a> et seq.), made by the Virginia Code Commission pursuant to § 30-150<\/a>, shall be exempt from the provisions of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTIONS FROM CHAPTER GENERALLY (\u00a7 2.2-4002)\n\nA. Although required to comply with \u00a7 2.2-4103 of the Virginia Register Act (\u00a7\n2.2-4100 et seq.), the following agencies shall be exempted from the provisions\nof this chapter, except to the extent that they are specifically made subject to\n\u00a7\u00a7 2.2-4024, 2.2-4030, and 2.2-4031:\n\n 1. The General Assembly.\n\n 2. Courts, any agency of the Supreme Court, and any agency that by the\n Constitution is expressly granted any of the powers of a court of record.\n\n 3. The Department of Wildlife Resources in promulgating regulations regarding\n the management of wildlife and for all case decisions rendered pursuant to any\n provisions of Chapters 2 (§ 29.1-200 et seq.), 3 (§ 29.1-300 et\n seq.), 4 (§ 29.1-400 et seq.), 5 (§ 29.1-500 et seq.), and 7 (§\n 29.1-700 et seq.) of Title 29.1.\n\n 4. The Virginia Housing Development Authority.\n\n 5. Municipal corporations, counties, and all local, regional, or\n multijurisdictional authorities created under this Code, including those with\n federal authorities.\n\n 6. Educational institutions operated by the Commonwealth, provided that, with\n respect to § 2.2-4031, such educational institutions shall be exempt from\n the publication requirements only with respect to regulations that pertain to\n (i) their academic affairs, (ii) the selection, tenure, promotion, and\n disciplining of faculty and employees, (iii) the selection of students, and\n (iv) rules of conduct and disciplining of students.\n\n 7. The Milk Commission in promulgating regulations regarding (i)\n producers’ licenses and bases, (ii) classification and allocation of\n milk, computation of sales, and shrinkage, and (iii) class prices for\n producers’ milk, time and method of payment, butterfat testing, and\n differential.\n\n 8. The Virginia Resources Authority.\n\n 9. Agencies expressly exempted by any other provision of this Code.\n\n 10. The Department of General Services in promulgating standards for the\n inspection of buildings for asbestos pursuant to § 2.2-1164.\n\n 11. The State Council of Higher Education for Virginia, in developing,\n issuing, and revising guidelines pursuant to § 23.1-207.\n\n 12. The Commissioner of Agriculture and Consumer Services in adopting\n regulations pursuant to subsection B of § 3.2-6002 and in adopting\n regulations pursuant to § 3.2-6023.\n\n 13. The Commissioner of Agriculture and Consumer Services and the Board of\n Agriculture and Consumer Services in promulgating regulations pursuant to\n subsections B and D of § 3.2-3601, subsection B of § 3.2-3701,\n § 3.2-4002, subsections B and D of § 3.2-4801, §§ 3.2-5121\n and 3.2-5206, and subsection A of § 3.2-5406.\n\n 14. The Board of Optometry when specifying therapeutic pharmaceutical agents,\n treatment guidelines, and diseases and abnormal conditions of the human eye\n and its adnexa for TPA-certification of optometrists pursuant to Article 5\n (§ 54.1-3222 et seq.) of Chapter 32 of Title 54.1.\n\n 15. The Commissioner of the Department of Veterans Services in adopting\n regulations pursuant to § 2.2-2001.3.\n\n 16. The State Board of Education, in developing, issuing, and revising\n guidelines pursuant to § 22.1-203.2.\n\n 17. The Virginia Racing Commission, (i) when acting by and through its duly\n appointed stewards or in matters related to any specific race meeting or (ii)\n in promulgating technical rules regulating actual live horse racing at race\n meetings licensed by the Commission.\n\n 18. The Virginia Small Business Financing Authority.\n\n 19. The Virginia Economic Development Partnership Authority.\n\n 20. The Board of Agriculture and Consumer Services in adopting, amending, or\n repealing regulations pursuant to subsection A (ii) of § 59.1-156.\n\n 21. The Insurance Continuing Education Board pursuant to § 38.2-1867.\n\n 22. The Board of Health in promulgating the list of diseases that shall be\n reported to the Department of Health pursuant to § 32.1-35 and in\n adopting, amending, or repealing regulations pursuant to subsection C of\n § 35.1-14 that incorporate the Food and Drug Administration’s Food\n Code pertaining to restaurants or food service.\n\n 23. The Board of Pharmacy when specifying special subject requirements for\n continuing education for pharmacists pursuant to § 54.1-3314.1.\n\n 24. The Virginia Department of Veterans Services when promulgating rules and\n regulations pursuant to § 58.1-3219.7 or 58.1-3219.11.\n\n 25. The Virginia Department of Criminal Justice Services when developing,\n issuing, or revising any training standards established by the Criminal\n Justice Services Board under § 9.1-102, provided such actions are\n authorized by the Governor in the interest of public safety.\n\nB. Agency action relating to the following subjects shall be exempted from the\nprovisions of this chapter:\n\n 1. Money or damage claims against the Commonwealth or agencies thereof.\n\n 2. The award or denial of state contracts, as well as decisions regarding\n compliance therewith.\n\n 3. The location, design, specifications, or construction of public buildings\n or other facilities.\n\n 4. Grants of state or federal funds or property.\n\n 5. The chartering of corporations.\n\n 6. Customary military, militia, naval, or police functions.\n\n 7. The selection, tenure, dismissal, direction, or control of any officer or\n employee of an agency of the Commonwealth.\n\n 8. The conduct of elections or eligibility to vote.\n\n 9. Inmates of prisons or other such facilities or parolees therefrom.\n\n 10. The custody of persons in, or sought to be placed in, mental health\n facilities or penal or other state institutions as well as the treatment,\n supervision, or discharge of such persons.\n\n 11. Traffic signs, markers, or control devices.\n\n 12. Instructions for application or renewal of a license, certificate, or\n registration required by law.\n\n 13. Content of, or rules for the conduct of, any examination required by law.\n\n 14. The administration of pools authorized by Chapter 47 (§ 2.2-4700 et\n seq.).\n\n 15. Any rules for the conduct of specific lottery games, so long as such rules\n are not inconsistent with duly adopted regulations of the Virginia Lottery\n Board, and provided that such regulations are published and posted.\n\n 16. Orders condemning or closing any shellfish, finfish, or crustacea growing\n area and the shellfish, finfish, or crustacea located thereon pursuant to\n Article 2 (§ 28.2-803 et seq.) of Chapter 8 of Title 28.2.\n\n 17. Any operating procedures for review of child deaths developed by the State\n Child Fatality Review Team pursuant to § 32.1-283.1, any operating\n procedures for review of adult deaths developed by the Adult Fatality Review\n Team pursuant to § 32.1-283.5, any operating procedures for review of\n adult deaths developed by the Maternal Mortality Review Team pursuant to\n § 32.1-283.8, and any operating procedures for review of the deaths of\n persons with a developmental disability developed by the Developmental\n Disabilities Mortality Review Committee pursuant to § 37.2-314.1.\n\n 18. The regulations for the implementation of the Health Practitioners’\n Monitoring Program and the activities of the Health Practitioners’\n Monitoring Program Committee pursuant to Chapter 25.1 (§ 54.1-2515 et\n seq.) of Title 54.1.\n\n 19. The process of reviewing and ranking grant applications submitted to the\n Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12\n (§ 51.5-178 et seq.) of Chapter 14 of Title 51.5.\n\n 20. Loans from the Small Business Environmental Compliance Assistance Fund\n pursuant to Article 4 (§ 10.1-1197.1 et seq.) of Chapter 11.1 of Title\n 10.1.\n\n 21. The Virginia Breeders Fund created pursuant to § 59.1-372.\n\n 22. The types of pari-mutuel wagering pools available for live or simulcast\n horse racing.\n\n 23. The administration of medication or other substances foreign to the\n natural horse.\n\n 24. Any rules adopted by the Department of Agriculture and Consumer Services\n for the approval and conduct of game variations for the conduct of raffles,\n bingo, network bingo, and instant bingo games, provided that such rules are\n (i) consistent with Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of\n Title 18.2 and (ii) published and posted.\n\nC. Minor changes to regulations published in the Virginia Administrative Code\nunder the Virginia Register Act (§ 2.2-4100 et seq.), made by the Virginia\nCode Commission pursuant to § 30-150, shall be exempt from the provisions\nof this chapter.\n\nHISTORY: 1985, c. 602, \u00a7 9-6.14:4.1; 1986, c. 615; 1987, cc. 375, 652; 1988,\ncc. 364, 424, 498, 723, 765, 820; 1989, cc. 54, 299, 478; 1990, cc. 721, 968;\n1991, cc. 80, 294, 344; 1992, cc. 200, 409, 488, 592, 793; 1993, cc. 537, 669,\n898; 1994, cc. 237, 577, 649, 740, 743, 801; 1995, cc. 103, 499, 516; 1996, cc.\n51, 152, 158, 189, 205, 279, 320, 345, 573, 590, 598, 638, 705, 735, 818, 1012;\n1997, cc. 87, 88, 109, 212, 390, 439, 567, 624, 785, 806, 845, 850, 861, 868;\n1998, cc. 39, 619, 784; 1999, cc. 412, 421, 433, 603; 2000, cc. 382, 400, 924,\n1011; 2001, cc. 465, 523, 688, 820, 844; 2003, cc. 639, 695; 2004, c. 802; 2006,\nc. 442; 2007, cc. 41, 870, 932; 2008, c. 672; 2009, c. 472; 2010, cc. 65, 178,\n480, 728; 2012, cc. 476, 507, 594, 803, 835; 2013, cc. 59, 234, 760, 780; 2014,\nc. 225; 2015, c. 108; 2017, cc. 266, 584; 2018, c. 646; 2019, c. 834; 2020, cc.\n201, 356, 851, 958; 2022, cc. 554, 609.","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}}