{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4009.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4009.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4009.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4009.html"}],"law_id":72032,"edition_id":1,"section_id":72032,"structure_id":13410,"section_number":"2.2-4009","catch_line":"Evidentiary hearings on regulations","history":"1975, c. 503, \u00a7 9-6.14:8; 1985, c. 602; 2001, c. 844; 2007, cc. 873, 916; 2012, c. 795.","full_text":"Where an agency proposes to consider the exercise of authority to promulgate a regulation, it may conduct or give interested persons an opportunity to participate in a public evidentiary proceeding; and the agency shall always do so where the basic law requires a hearing. Evidentiary hearings may be limited to the trial of factual issues directly related to the legal validity of the proposed regulation in any of the relevant respects outlined in \u00a7 2.2-4027.\n\t\tGeneral notice of the proceedings shall be published as prescribed in \u00a7 2.2-4007.03. In addition, where the proposed regulation is to be addressed to named persons, the latter shall (i) also be given the same notice individually by mail or otherwise if acknowledged in writing and (ii) be entitled to be accompanied by and represented by counsel or other representative. The proceedings may be conducted separately from, and in any event the record thereof shall be separate from, any other or additional proceedings the agency may choose or be required to conduct for the reception of general data, views, and argument pursuant to \u00a7 2.2-4007.02 or otherwise. Any probative evidence may be received except that the agency shall as a matter of efficiency exclude irrelevant, immaterial, insubstantial, privileged, or repetitive proofs, and may deny rebuttal, or cross-examination. Testimony may be admitted in written form provided those who have prepared it are made available for examination in person.\n\t\tThe agency or one or more of its subordinates specially designated for the purpose shall preside at the taking of evidence and may administer oaths and affirmations. The proceedings shall be recorded verbatim and the record thereof shall be made available to interested persons for transcription at their expense or, if transcribed by or for the agency, for inspection or purchase at cost.\n\t\tWhere subordinates preside at the taking of the evidence, they shall report their recommendations and proposed findings and conclusions that shall be made available upon request to the participants in the taking of evidence as well as other interested persons and serve as a basis for exceptions, briefs, or oral argument to the agency itself. Whether or not subordinates take the evidence, after opportunity for the submittal of briefs on request and such oral argument as may be scheduled, the agency may settle the terms of the regulation and shall promulgate it only upon (a) its findings of fact based upon the record of evidence made pursuant to this section and facts of which judicial notice may be taken, (b) statements of basis and purpose as well as comment upon data received in any informational proceedings held under \u00a7 2.2-4007.03 and (c) the conclusions required by the terms of the basic law under which the agency is operating.","order_by":null,"text":{"0":{"id":259539,"text":"Where an agency proposes to consider the exercise of authority to promulgate a regulation, it may conduct or give interested persons an opportunity to participate in a public evidentiary proceeding; and the agency shall always do so where the basic law requires a hearing. Evidentiary hearings may be limited to the trial of factual issues directly related to the legal validity of the proposed regulation in any of the relevant respects outlined in \u00a7 2.2-4027.\n\t\tGeneral notice of the proceedings shall be published as prescribed in \u00a7 2.2-4007.03. In addition, where the proposed regulation is to be addressed to named persons, the latter shall (i) also be given the same notice individually by mail or otherwise if acknowledged in writing and (ii) be entitled to be accompanied by and represented by counsel or other representative. The proceedings may be conducted separately from, and in any event the record thereof shall be separate from, any other or additional proceedings the agency may choose or be required to conduct for the reception of general data, views, and argument pursuant to \u00a7 2.2-4007.02 or otherwise. Any probative evidence may be received except that the agency shall as a matter of efficiency exclude irrelevant, immaterial, insubstantial, privileged, or repetitive proofs, and may deny rebuttal, or cross-examination. Testimony may be admitted in written form provided those who have prepared it are made available for examination in person.\n\t\tThe agency or one or more of its subordinates specially designated for the purpose shall preside at the taking of evidence and may administer oaths and affirmations. The proceedings shall be recorded verbatim and the record thereof shall be made available to interested persons for transcription at their expense or, if transcribed by or for the agency, for inspection or purchase at cost.\n\t\tWhere subordinates preside at the taking of the evidence, they shall report their recommendations and proposed findings and conclusions that shall be made available upon request to the participants in the taking of evidence as well as other interested persons and serve as a basis for exceptions, briefs, or oral argument to the agency itself. Whether or not subordinates take the evidence, after opportunity for the submittal of briefs on request and such oral argument as may be scheduled, the agency may settle the terms of the regulation and shall promulgate it only upon (a) its findings of fact based upon the record of evidence made pursuant to this section and facts of which judicial notice may be taken, (b) statements of basis and purpose as well as comment upon data received in any informational proceedings held under \u00a7 2.2-4007.03 and (c) the conclusions required by the terms of the basic law under which the agency is operating.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13410,"edition_id":1,"name":"Regulations","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":12798,"metadata":{},"date_created":"2026-06-26 03:44:50","date_modified":"2026-06-26 03:44:50","permalink":{"id":176749,"object_type":"structure","relational_id":13410,"identifier":"2","token":"2.2\/II\/B\/40\/2","url":"\/2.2\/II\/B\/40\/2\/","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":78729,"structure_id":13410,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","url":"\/2.2-4006\/","token":"2.2\/II\/B\/40\/2\/2.2-4006","metadata":false},{"id":58015,"structure_id":13410,"section_number":"2.2-4007","catch_line":"Petitions for new or amended regulations; 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publication; exceptions","url":"\/2.2-4011\/","token":"2.2\/II\/B\/40\/2\/2.2-4011","metadata":false},{"id":70566,"structure_id":13410,"section_number":"2.2-4012","catch_line":"Purpose; adoption; effective date; filing; duties of Registrar of Regulations","url":"\/2.2-4012\/","token":"2.2\/II\/B\/40\/2\/2.2-4012","metadata":false},{"id":62113,"structure_id":13410,"section_number":"2.2-4012.1","catch_line":"Fast-track rulemaking process","url":"\/2.2-4012.1\/","token":"2.2\/II\/B\/40\/2\/2.2-4012.1","metadata":false},{"id":68772,"structure_id":13410,"section_number":"2.2-4013","catch_line":"Executive review of proposed and final regulations; changes with substantial impact","url":"\/2.2-4013\/","token":"2.2\/II\/B\/40\/2\/2.2-4013","metadata":false},{"id":73052,"structure_id":13410,"section_number":"2.2-4014","catch_line":"Legislative review of proposed and final regulations","url":"\/2.2-4014\/","token":"2.2\/II\/B\/40\/2\/2.2-4014","metadata":false},{"id":70514,"structure_id":13410,"section_number":"2.2-4015","catch_line":"Effective date of regulation; exception","url":"\/2.2-4015\/","token":"2.2\/II\/B\/40\/2\/2.2-4015","metadata":false},{"id":80470,"structure_id":13410,"section_number":"2.2-4016","catch_line":"Withdrawal of regulation","url":"\/2.2-4016\/","token":"2.2\/II\/B\/40\/2\/2.2-4016","metadata":false},{"id":70351,"structure_id":13410,"section_number":"2.2-4017","catch_line":"Periodic review of regulations","url":"\/2.2-4017\/","token":"2.2\/II\/B\/40\/2\/2.2-4017","metadata":false}],"previous_section":{"id":70446,"structure_id":13410,"section_number":"2.2-4008","catch_line":"Repealed","url":"\/2.2-4008\/","token":"2.2\/II\/B\/40\/2\/2.2-4008","metadata":false},"next_section":{"id":65085,"structure_id":13410,"section_number":"2.2-4010","catch_line":"Pilot programs for regulations imposing local government mandates","url":"\/2.2-4010\/","token":"2.2\/II\/B\/40\/2\/2.2-4010","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4009\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 503 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 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1985, chapter 602; in 2001, chapter 844<\/a>; in 2007, chapters 873<\/a> and 916<\/a>; in 2012, chapter 795<\/a>.<\/p>","references":[{"id":83688,"section_number":"2.2-4001","catch_line":"Definitions","order_by":null,"url":"\/2.2-4001\/"},{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"},{"id":70566,"section_number":"2.2-4012","catch_line":"Purpose; adoption; effective date; filing; duties of Registrar of Regulations","order_by":null,"url":"\/2.2-4012\/"},{"id":75768,"section_number":"2.2-4027","catch_line":"Issues on review","order_by":null,"url":"\/2.2-4027\/"},{"id":81093,"section_number":"62.1-246","catch_line":"When Board may initiate a surface water management area study proceeding; hearing required","order_by":null,"url":"\/62.1-246\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":85595,"section_number":"62.1-44.26","catch_line":"Hearings","order_by":null,"url":"\/62.1-44.26\/"}],"refers_to":[{"id":82742,"section_number":"2.2-4007.02","catch_line":"Public participation guidelines","order_by":null,"url":"\/2.2-4007.02\/"},{"id":54379,"section_number":"2.2-4007.03","catch_line":"Informational proceedings; effect of noncompliance","order_by":null,"url":"\/2.2-4007.03\/"},{"id":75768,"section_number":"2.2-4027","catch_line":"Issues on review","order_by":null,"url":"\/2.2-4027\/"}],"permalink":{"id":176803,"object_type":"law","relational_id":72032,"identifier":"2.2-4009","token":"2.2\/II\/B\/40\/2\/2.2-4009","url":"\/2.2-4009\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4009\/","token":"2.2\/II\/B\/40\/2\/2.2-4009","dublin_core":{"Title":"Evidentiary hearings on regulations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4009","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Where an agency<\/span> proposes to consider the exercise of authority to promulgate a regulation<\/span>, it may conduct or give interested persons an opportunity to participate in a public evidentiary proceeding; and the agency<\/span> shall always do so where the basic law<\/span> requires a hearing<\/span>. Evidentiary hearings<\/span> may be limited to the trial<\/span> of factual issues<\/span> directly related to the legal validity of the proposed regulation<\/span> in any of the relevant respects outlined in \u00a7 2.2-4027<\/a>.\n\t\tGeneral notice of the proceedings shall be published as prescribed in \u00a7 2.2-4007.03<\/a>. In addition, where the proposed regulation<\/span> is to be addressed to named persons, the latter shall (i) also be given the same notice individually by mail or otherwise if acknowledged in writing and (ii) be entitled to be accompanied by and represented by counsel<\/span> or other representative. The proceedings may be conducted separately from, and in any event the record thereof shall be separate from, any other or additional proceedings the agency<\/span> may choose or be required to conduct for the reception of general data, views, and argument pursuant to \u00a7 2.2-4007.02<\/a> or otherwise. Any probative evidence<\/span> may be received except that the agency<\/span> shall as a matter of efficiency exclude irrelevant, immaterial, insubstantial, privileged, or repetitive proofs, and may deny rebuttal<\/span>, or cross-examination. Testimony<\/span> may be admitted in written form provided those who have prepared it are made available for examination in person.\n\t\tThe agency<\/span> or one or more of its subordinates<\/span> specially designated for the purpose shall preside at the taking of evidence<\/span> and may administer oaths<\/span> and affirmations. The proceedings shall be recorded verbatim and the record thereof shall be made available to interested persons for transcription at their expense or, if transcribed by or for the agency<\/span>, for inspection or purchase at cost.\n\t\tWhere subordinates<\/span> preside at the taking of the evidence<\/span>, they shall report their recommendations and proposed findings<\/span> and conclusions that shall be made available upon request to the participants in the taking of evidence<\/span> as well as other interested persons and serve as a basis for exceptions, briefs<\/span>, or oral argument<\/span> to the agency<\/span> itself. Whether or not subordinates<\/span> take the evidence<\/span>, after opportunity for the submittal of briefs<\/span> on request and such oral argument<\/span> as may be scheduled, the agency<\/span> may settle the terms of the regulation<\/span> and shall promulgate it only upon (a) its findings<\/span> of fact<\/span> based upon the record of evidence<\/span> made pursuant to this section and facts<\/span> of which judicial notice may be taken, (b) statements of basis and purpose as well as comment upon data received in any informational proceedings held under \u00a7 2.2-4007.03<\/a> and (c) the conclusions required by the terms of the basic law<\/span> under which the agency<\/span> is operating.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVIDENTIARY HEARINGS ON REGULATIONS (\u00a7 2.2-4009)\n\nWhere an agency proposes to consider the exercise of authority to promulgate a\nregulation, it may conduct or give interested persons an opportunity to\nparticipate in a public evidentiary proceeding; and the agency shall always do\nso where the basic law requires a hearing. Evidentiary hearings may be limited\nto the trial of factual issues directly related to the legal validity of the\nproposed regulation in any of the relevant respects outlined in \u00a7 2.2-4027.\n\t\tGeneral notice of the proceedings shall be published as prescribed in \u00a7\n2.2-4007.03. In addition, where the proposed regulation is to be addressed to\nnamed persons, the latter shall (i) also be given the same notice individually\nby mail or otherwise if acknowledged in writing and (ii) be entitled to be\naccompanied by and represented by counsel or other representative. The\nproceedings may be conducted separately from, and in any event the record\nthereof shall be separate from, any other or additional proceedings the agency\nmay choose or be required to conduct for the reception of general data, views,\nand argument pursuant to \u00a7 2.2-4007.02 or otherwise. Any probative evidence may\nbe received except that the agency shall as a matter of efficiency exclude\nirrelevant, immaterial, insubstantial, privileged, or repetitive proofs, and may\ndeny rebuttal, or cross-examination. Testimony may be admitted in written form\nprovided those who have prepared it are made available for examination in\nperson.\n\t\tThe agency or one or more of its subordinates specially designated for the\npurpose shall preside at the taking of evidence and may administer oaths and\naffirmations. The proceedings shall be recorded verbatim and the record thereof\nshall be made available to interested persons for transcription at their expense\nor, if transcribed by or for the agency, for inspection or purchase at cost.\n\t\tWhere subordinates preside at the taking of the evidence, they shall report\ntheir recommendations and proposed findings and conclusions that shall be made\navailable upon request to the participants in the taking of evidence as well as\nother interested persons and serve as a basis for exceptions, briefs, or oral\nargument to the agency itself. Whether or not subordinates take the evidence,\nafter opportunity for the submittal of briefs on request and such oral argument\nas may be scheduled, the agency may settle the terms of the regulation and shall\npromulgate it only upon (a) its findings of fact based upon the record of\nevidence made pursuant to this section and facts of which judicial notice may be\ntaken, (b) statements of basis and purpose as well as comment upon data received\nin any informational proceedings held under \u00a7 2.2-4007.03 and (c) the\nconclusions required by the terms of the basic law under which the agency is\noperating.\n\nHISTORY: 1975, c. 503, \u00a7 9-6.14:8; 1985, c. 602; 2001, c. 844; 2007, cc. 873,\n916; 2012, c. 795.","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}}