{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4011.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4011.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4011.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4011.html"}],"law_id":66162,"edition_id":1,"section_id":66162,"structure_id":13410,"section_number":"2.2-4011","catch_line":"Emergency regulations; publication; exceptions","history":"1975, c. 503, \u00a7 9-6.14:9; 1977, cc. 450, 459; 1981, c. 387; 1982, c. 425; 1983, c. 295; 1984, c. 5; 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, 71, 299, 478; 1990, cc. 721, 968; 1991, cc. 80, 294, 344; 1992, cc. 200, 409, 488, 592, 793, 829; 1993, cc. 537, 669, 898; 1994, cc. 237, 577, 649, 740, 743, 801, 938; 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, c. 844; 2007, cc. 873, 916; 2013, c. 629.","full_text":"A\n\nRegulations that an agency finds are necessitated by an emergency situation may be adopted by an agency upon consultation with the Attorney General, which approval shall be granted only after the agency has submitted a request stating in writing the nature of the emergency, and the necessity for such action shall be at the sole discretion of the Governor.B\n\nAgencies may also adopt emergency regulations in situations in which Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment and the regulation is not exempt under the provisions of subdivision A 4 of § 2.2-4006. In such cases, the agency shall state in writing the nature of the emergency and of the necessity for such action and may adopt the regulations. Pursuant to § 2.2-4012, such regulations shall become effective upon approval by the Governor and filing with the Registrar of Regulations.C\n\nAll emergency regulations shall be limited to no more than 18 months in duration. During the 18-month period, an agency may issue additional emergency regulations as needed addressing the subject matter of the initial emergency regulation, but any such additional emergency regulations shall not be effective beyond the 18-month period from the effective date of the initial emergency regulation. If the agency wishes to continue regulating the subject matter governed by the emergency regulation beyond the 18-month limitation, a regulation to replace the emergency regulation shall be promulgated in accordance with this article. The Notice of Intended Regulatory Action to promulgate a replacement regulation shall be filed with the Registrar within 60 days of the effective date of the emergency regulation and published as soon as practicable, and the proposed replacement regulation shall be filed with the Registrar within 180 days after the effective date of the emergency regulation and published as soon as practicable.D\n\nIn the event that an agency concludes that despite its best efforts a replacement regulation cannot be adopted before expiration of the 18-month period described in subsection C, it may seek the prior written approval of the Governor to extend the duration of the emergency regulation for a period of not more than six additional months. Any such request must be submitted to the Governor at least 30 days prior to the scheduled expiration of the emergency regulation and shall include a description of the agency’s efforts to adopt a replacement regulation together with the reasons that a replacement regulation cannot be adopted before the scheduled expiration of the emergency regulation. Upon approval of the Governor, provided such approval occurs prior to the scheduled expiration of the emergency regulation, the duration of the emergency regulation shall be extended for a period of no more than six months. Such approval shall be in the sole discretion of the Governor and shall not be subject to judicial review. Agencies shall notify the Registrar of Regulations of the new expiration date of the emergency regulation as soon as practicable.E\n\nEmergency regulations shall be published as soon as practicable in the Register.F\n\nThe Regulations of the Marine Resources Commission shall be excluded from the provisions of this section.","order_by":null,"text":{"0":{"id":240323,"text":"Regulations that an agency finds are necessitated by an emergency situation may be adopted by an agency upon consultation with the Attorney General, which approval shall be granted only after the agency has submitted a request stating in writing the nature of the emergency, and the necessity for such action shall be at the sole discretion of the Governor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240324,"text":"Agencies may also adopt emergency regulations in situations in which Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment and the regulation is not exempt under the provisions of subdivision A 4 of § 2.2-4006. In such cases, the agency shall state in writing the nature of the emergency and of the necessity for such action and may adopt the regulations. Pursuant to § 2.2-4012, such regulations shall become effective upon approval by the Governor and filing with the Registrar of Regulations.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":240325,"text":"All emergency regulations shall be limited to no more than 18 months in duration. During the 18-month period, an agency may issue additional emergency regulations as needed addressing the subject matter of the initial emergency regulation, but any such additional emergency regulations shall not be effective beyond the 18-month period from the effective date of the initial emergency regulation. If the agency wishes to continue regulating the subject matter governed by the emergency regulation beyond the 18-month limitation, a regulation to replace the emergency regulation shall be promulgated in accordance with this article. The Notice of Intended Regulatory Action to promulgate a replacement regulation shall be filed with the Registrar within 60 days of the effective date of the emergency regulation and published as soon as practicable, and the proposed replacement regulation shall be filed with the Registrar within 180 days after the effective date of the emergency regulation and published as soon as practicable.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":240326,"text":"In the event that an agency concludes that despite its best efforts a replacement regulation cannot be adopted before expiration of the 18-month period described in subsection C, it may seek the prior written approval of the Governor to extend the duration of the emergency regulation for a period of not more than six additional months. Any such request must be submitted to the Governor at least 30 days prior to the scheduled expiration of the emergency regulation and shall include a description of the agency’s efforts to adopt a replacement regulation together with the reasons that a replacement regulation cannot be adopted before the scheduled expiration of the emergency regulation. Upon approval of the Governor, provided such approval occurs prior to the scheduled expiration of the emergency regulation, the duration of the emergency regulation shall be extended for a period of no more than six months. Such approval shall be in the sole discretion of the Governor and shall not be subject to judicial review. Agencies shall notify the Registrar of Regulations of the new expiration date of the emergency regulation as soon as practicable.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":240327,"text":"Emergency regulations shall be published as soon as practicable in the Register.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":240328,"text":"The Regulations of the Marine Resources Commission shall be excluded from the provisions of this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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; opportunity for public comment","url":"\/2.2-4007\/","token":"2.2\/II\/B\/40\/2\/2.2-4007","metadata":false},{"id":74274,"structure_id":13410,"section_number":"2.2-4007.01","catch_line":"Notice of intended regulatory action; public hearing","url":"\/2.2-4007.01\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.01","metadata":false},{"id":82742,"structure_id":13410,"section_number":"2.2-4007.02","catch_line":"Public participation guidelines","url":"\/2.2-4007.02\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.02","metadata":false},{"id":54379,"structure_id":13410,"section_number":"2.2-4007.03","catch_line":"Informational proceedings; effect of noncompliance","url":"\/2.2-4007.03\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.03","metadata":false},{"id":79050,"structure_id":13410,"section_number":"2.2-4007.04","catch_line":"Economic impact analysis","url":"\/2.2-4007.04\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.04","metadata":false},{"id":56978,"structure_id":13410,"section_number":"2.2-4007.04:01","catch_line":"Notice required of certain departments","url":"\/2.2-4007.04_01\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.04_01","metadata":false},{"id":68425,"structure_id":13410,"section_number":"2.2-4007.05","catch_line":"Submission of proposed regulations to the Registrar","url":"\/2.2-4007.05\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.05","metadata":false},{"id":84064,"structure_id":13410,"section_number":"2.2-4007.06","catch_line":"Changes between proposed and final regulations","url":"\/2.2-4007.06\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.06","metadata":false},{"id":61832,"structure_id":13410,"section_number":"2.2-4007.07","catch_line":"State Air Pollution Control Board; variances","url":"\/2.2-4007.07\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.07","metadata":false},{"id":76510,"structure_id":13410,"section_number":"2.2-4007.1","catch_line":"Regulatory flexibility for small businesses; periodic review of regulations","url":"\/2.2-4007.1\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.1","metadata":false},{"id":66374,"structure_id":13410,"section_number":"2.2-4007.2","catch_line":"Regulations requiring the submission of documents or payments","url":"\/2.2-4007.2\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.2","metadata":false},{"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},{"id":72032,"structure_id":13410,"section_number":"2.2-4009","catch_line":"Evidentiary hearings on regulations","url":"\/2.2-4009\/","token":"2.2\/II\/B\/40\/2\/2.2-4009","metadata":false},{"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},{"id":66162,"structure_id":13410,"section_number":"2.2-4011","catch_line":"Emergency regulations; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4011\/","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 24 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 1977, chapters 450 and 459; in 1981, chapter 387; in 1982, chapter 425; in 1983, chapter 295; in 1984, chapter 5; in 1985, chapter 602; in 1986, chapter 615; in 1987, chapters 375 and 652; in 1988, chapters 364, 424, 498, 723, 765, and 820; in 1989, chapters 54, 71, 299, and 478; in 1990, chapters 721 and 968; in 1991, chapters 80, 294, and 344; in 1992, chapters 200, 409, 488, 592, 793, and 829; in 1993, chapters 537, 669, and 898; in 1994, chapters 237<\/a>, 577<\/a>, 649<\/a>, 740<\/a>, 743<\/a>, 801<\/a>, and 938<\/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, chapter 844<\/a>; in 2007, chapters 873<\/a> and 916<\/a>; in 2013, chapter 629<\/a>.<\/p>","references":[{"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":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; public hearing","order_by":null,"url":"\/2.2-4007.01\/"},{"id":54379,"section_number":"2.2-4007.03","catch_line":"Informational proceedings; effect of noncompliance","order_by":null,"url":"\/2.2-4007.03\/"},{"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":60209,"section_number":"2.2-4030","catch_line":"Recovery of costs and attorney fees from agency","order_by":null,"url":"\/2.2-4030\/"},{"id":53967,"section_number":"2.2-4031","catch_line":"Publication of Virginia Register of Regulations; exceptions; notice of public hearings of proposed regulations","order_by":null,"url":"\/2.2-4031\/"},{"id":67711,"section_number":"28.2-103","catch_line":"General powers of Commission; promulgation of regulations","order_by":null,"url":"\/28.2-103\/"},{"id":53961,"section_number":"36-99.3","catch_line":"Smoke alarms and automatic sprinkler systems in institutions of higher education","order_by":null,"url":"\/36-99.3\/"},{"id":54705,"section_number":"46.2-1178","catch_line":"Administration and scope of emissions inspection program","order_by":null,"url":"\/46.2-1178\/"}],"refers_to":[{"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\/"}],"permalink":{"id":176811,"object_type":"law","relational_id":66162,"identifier":"2.2-4011","token":"2.2\/II\/B\/40\/2\/2.2-4011","url":"\/2.2-4011\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4011\/","token":"2.2\/II\/B\/40\/2\/2.2-4011","dublin_core":{"Title":"Emergency regulations; publication; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4011","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Regulations<\/span> that an agency<\/span> finds are necessitated by an emergency situation may be adopted by an agency<\/span> upon consultation with the Attorney General<\/span>, which approval shall be granted only after the agency<\/span> has submitted a request stating in writing the nature of the emergency, and the necessity for such action shall be at the sole discretion of the Governor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Agencies may also adopt emergency regulations<\/span> in situations in which Virginia statutory law<\/span> or the appropriation act or federal law<\/span> or federal regulation<\/span> requires that a regulation<\/span> be effective in 280 days or less from its enactment and the regulation<\/span> is not exempt under the provisions of subdivision A 4 of § 2.2-4006<\/a>. In such cases<\/span>, the agency<\/span> shall state in writing the nature of the emergency and of the necessity for such action and may adopt the regulations<\/span>. Pursuant to § 2.2-4012<\/a>, such regulations<\/span> shall become effective upon approval by the Governor and filing with the Registrar<\/span> of Regulations<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All emergency regulations<\/span> shall be limited to no more than 18 months in duration. During the 18-month period, an agency<\/span> may issue<\/span> additional emergency regulations<\/span> as needed addressing the subject matter of the initial emergency regulation<\/span>, but any such additional emergency regulations<\/span> shall not be effective beyond the 18-month period from the effective date of the initial emergency regulation<\/span>. If the agency<\/span> wishes to continue regulating the subject matter governed by the emergency regulation<\/span> beyond the 18-month limitation, a regulation<\/span> to replace the emergency regulation<\/span> shall be promulgated in accordance with this article. The Notice of Intended Regulatory Action to promulgate a replacement regulation<\/span> shall be filed with the Registrar<\/span> within 60 days of the effective date of the emergency regulation<\/span> and published as soon as practicable, and the proposed replacement regulation<\/span> shall be filed with the Registrar<\/span> within 180 days after the effective date of the emergency regulation<\/span> and published as soon as practicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the event that an agency<\/span> concludes that despite its best efforts a replacement regulation<\/span> cannot be adopted before expiration of the 18-month period described in subsection C, it may seek the prior written approval of the Governor to extend the duration of the emergency regulation<\/span> for a period of not more than six additional months. Any such request must be submitted to the Governor at least 30 days prior to the scheduled expiration of the emergency regulation<\/span> and shall include a description of the agency<\/span>’s efforts to adopt a replacement regulation<\/span> together with the reasons that a replacement regulation<\/span> cannot be adopted before the scheduled expiration of the emergency regulation<\/span>. Upon approval of the Governor, provided such approval occurs prior to the scheduled expiration of the emergency regulation<\/span>, the duration of the emergency regulation<\/span> shall be extended for a period of no more than six months. Such approval shall be in the sole discretion of the Governor and shall not be subject to judicial review. Agencies shall notify the Registrar<\/span> of Regulations<\/span> of the new expiration date of the emergency regulation<\/span> as soon as practicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Emergency regulations<\/span> shall be published as soon as practicable in the Register. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Regulations<\/span> of the Marine Resources Commission shall be excluded from the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMERGENCY REGULATIONS; PUBLICATION; EXCEPTIONS (\u00a7 2.2-4011)\n\nA. Regulations that an agency finds are necessitated by an emergency situation\nmay be adopted by an agency upon consultation with the Attorney General, which\napproval shall be granted only after the agency has submitted a request stating\nin writing the nature of the emergency, and the necessity for such action shall\nbe at the sole discretion of the Governor.\n\nB. Agencies may also adopt emergency regulations in situations in which Virginia\nstatutory law or the appropriation act or federal law or federal regulation\nrequires that a regulation be effective in 280 days or less from its enactment\nand the regulation is not exempt under the provisions of subdivision A 4 of\n§ 2.2-4006. In such cases, the agency shall state in writing the nature of\nthe emergency and of the necessity for such action and may adopt the\nregulations. Pursuant to § 2.2-4012, such regulations shall become\neffective upon approval by the Governor and filing with the Registrar of\nRegulations.\n\nC. All emergency regulations shall be limited to no more than 18 months in\nduration. During the 18-month period, an agency may issue additional emergency\nregulations as needed addressing the subject matter of the initial emergency\nregulation, but any such additional emergency regulations shall not be effective\nbeyond the 18-month period from the effective date of the initial emergency\nregulation. If the agency wishes to continue regulating the subject matter\ngoverned by the emergency regulation beyond the 18-month limitation, a\nregulation to replace the emergency regulation shall be promulgated in\naccordance with this article. The Notice of Intended Regulatory Action to\npromulgate a replacement regulation shall be filed with the Registrar within 60\ndays of the effective date of the emergency regulation and published as soon as\npracticable, and the proposed replacement regulation shall be filed with the\nRegistrar within 180 days after the effective date of the emergency regulation\nand published as soon as practicable.\n\nD. In the event that an agency concludes that despite its best efforts a\nreplacement regulation cannot be adopted before expiration of the 18-month\nperiod described in subsection C, it may seek the prior written approval of the\nGovernor to extend the duration of the emergency regulation for a period of not\nmore than six additional months. Any such request must be submitted to the\nGovernor at least 30 days prior to the scheduled expiration of the emergency\nregulation and shall include a description of the agency’s efforts to\nadopt a replacement regulation together with the reasons that a replacement\nregulation cannot be adopted before the scheduled expiration of the emergency\nregulation. Upon approval of the Governor, provided such approval occurs prior\nto the scheduled expiration of the emergency regulation, the duration of the\nemergency regulation shall be extended for a period of no more than six months.\nSuch approval shall be in the sole discretion of the Governor and shall not be\nsubject to judicial review. Agencies shall notify the Registrar of Regulations\nof the new expiration date of the emergency regulation as soon as practicable.\n\nE. Emergency regulations shall be published as soon as practicable in the\nRegister.\n\nF. The Regulations of the Marine Resources Commission shall be excluded from the\nprovisions of this section.\n\nHISTORY: 1975, c. 503, \u00a7 9-6.14:9; 1977, cc. 450, 459; 1981, c. 387; 1982, c.\n425; 1983, c. 295; 1984, c. 5; 1985, c. 602, \u00a7 9-6.14:4.1; 1986, c. 615; 1987,\ncc. 375, 652; 1988, cc. 364, 424, 498, 723, 765, 820; 1989, cc. 54, 71, 299,\n478; 1990, cc. 721, 968; 1991, cc. 80, 294, 344; 1992, cc. 200, 409, 488, 592,\n793, 829; 1993, cc. 537, 669, 898; 1994, cc. 237, 577, 649, 740, 743, 801, 938;\n1995, cc. 103, 499, 516; 1996, cc. 51, 152, 158, 189, 205, 279, 320, 345, 573,\n590, 598, 638, 705, 735, 818, 1012; 1997, cc. 87, 88, 109, 212, 390, 439, 567,\n624, 785, 806, 845, 850, 861, 868; 1998, cc. 39, 619, 784; 1999, cc. 412, 421,\n433, 603; 2000, cc. 382, 400, 924, 1011; 2001, c. 844; 2007, cc. 873, 916; 2013,\nc. 629.","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}}