{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-3493.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-3493.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-3493.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-3493.html"}],"law_id":54181,"edition_id":1,"section_id":54181,"structure_id":13160,"section_number":"54.1-3493","catch_line":"Rulemaking","history":"2019, c. 300.","full_text":"A\n\nThe Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.B\n\nIf a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.C\n\nRules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.D\n\nPrior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:1\n\nOn the website of the Commission or other publicly accessible platform; and2\n\nOn the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.E\n\nThe Notice of Proposed Rulemaking shall include:1\n\nThe proposed time, date, and location of the meeting in which the rule will be considered and voted upon;2\n\nThe text of the proposed rule or amendment and the reason for the proposed rule;3\n\nA request for comments on the proposed rule from any interested person; and4\n\nThe manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.F\n\nPrior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.G\n\nThe Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:1\n\nAt least 25 persons;2\n\nA state or federal governmental subdivision or agency; or3\n\nAn association having at least 25 members.H\n\nIf a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.1\n\nAll persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.2\n\nHearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.3\n\nAll hearings shall be recorded. A copy of the recording shall be made available on request.4\n\nNothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.I\n\nFollowing the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.J\n\nIf no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.K\n\nThe Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.L\n\nUpon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:1\n\nMeet an imminent threat to public health, safety, or welfare;2\n\nPrevent a loss of Commission or member state funds;3\n\nMeet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or4\n\nProtect public health and safety.M\n\nThe Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.","order_by":null,"text":{"0":{"id":198853,"text":"The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198854,"text":"If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":198855,"text":"Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":198856,"text":"Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":198857,"text":"On the website of the Commission or other publicly accessible platform; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":198858,"text":"On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"6":{"id":198859,"text":"The Notice of Proposed Rulemaking shall include:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"E1"},"7":{"id":198860,"text":"The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"8":{"id":198861,"text":"The text of the proposed rule or amendment and the reason for the proposed rule;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"9":{"id":198862,"text":"A request for comments on the proposed rule from any interested person; and","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"10":{"id":198863,"text":"The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"F"},"11":{"id":198864,"text":"Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E4","next_prefix":"G"},"12":{"id":198865,"text":"The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"13":{"id":198866,"text":"At least 25 persons;","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"14":{"id":198867,"text":"A state or federal governmental subdivision or agency; or","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"15":{"id":198868,"text":"An association having at least 25 members.","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"H"},"16":{"id":198869,"text":"If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G3","next_prefix":"H1"},"17":{"id":198870,"text":"All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"18":{"id":198871,"text":"Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H3"},"19":{"id":198872,"text":"All hearings shall be recorded. A copy of the recording shall be made available on request.","type":"section","prefixes":["H","3"],"prefix":"3","entire_prefix":"H3","prefix_anchor":"H3","level":2,"prior_prefix":"H2","next_prefix":"H4"},"20":{"id":198873,"text":"Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.","type":"section","prefixes":["H","4"],"prefix":"4","entire_prefix":"H4","prefix_anchor":"H4","level":2,"prior_prefix":"H3","next_prefix":"I"},"21":{"id":198874,"text":"Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H4","next_prefix":"J"},"22":{"id":198875,"text":"If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"23":{"id":198876,"text":"The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"24":{"id":198877,"text":"Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"L1"},"25":{"id":198878,"text":"Meet an imminent threat to public health, safety, or welfare;","type":"section","prefixes":["L","1"],"prefix":"1","entire_prefix":"L1","prefix_anchor":"L1","level":2,"prior_prefix":"L","next_prefix":"L2"},"26":{"id":198879,"text":"Prevent a loss of Commission or member state funds;","type":"section","prefixes":["L","2"],"prefix":"2","entire_prefix":"L2","prefix_anchor":"L2","level":2,"prior_prefix":"L1","next_prefix":"L3"},"27":{"id":198880,"text":"Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or","type":"section","prefixes":["L","3"],"prefix":"3","entire_prefix":"L3","prefix_anchor":"L3","level":2,"prior_prefix":"L2","next_prefix":"L4"},"28":{"id":198881,"text":"Protect public health and safety.","type":"section","prefixes":["L","4"],"prefix":"4","entire_prefix":"L4","prefix_anchor":"L4","level":2,"prior_prefix":"L3","next_prefix":"M"},"29":{"id":198882,"text":"The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L4"}},"ancestry":[{"id":13160,"edition_id":1,"name":"Physical Therapy Licensure Compact","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13028,"metadata":{},"date_created":"2026-06-26 03:44:22","date_modified":"2026-06-26 03:44:22","permalink":{"id":243813,"object_type":"structure","relational_id":13160,"identifier":"2","token":"54.1\/III\/34.1\/2","url":"\/54.1\/III\/34.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13028,"edition_id":1,"name":"Physical Therapy","identifier":"34.1","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":243753,"object_type":"structure","relational_id":13028,"identifier":"34.1","token":"54.1\/III\/34.1","url":"\/54.1\/III\/34.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","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":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57386,"structure_id":13160,"section_number":"54.1-3485","catch_line":"Form of compact; declaration of purpose","url":"\/54.1-3485\/","token":"54.1\/III\/34.1\/2\/54.1-3485","metadata":false},{"id":65868,"structure_id":13160,"section_number":"54.1-3486","catch_line":"Definitions","url":"\/54.1-3486\/","token":"54.1\/III\/34.1\/2\/54.1-3486","metadata":false},{"id":80497,"structure_id":13160,"section_number":"54.1-3487","catch_line":"State participation in the Compact","url":"\/54.1-3487\/","token":"54.1\/III\/34.1\/2\/54.1-3487","metadata":false},{"id":71548,"structure_id":13160,"section_number":"54.1-3488","catch_line":"Compact privilege","url":"\/54.1-3488\/","token":"54.1\/III\/34.1\/2\/54.1-3488","metadata":false},{"id":82134,"structure_id":13160,"section_number":"54.1-3489","catch_line":"Active duty military personnel or their spouses","url":"\/54.1-3489\/","token":"54.1\/III\/34.1\/2\/54.1-3489","metadata":false},{"id":85386,"structure_id":13160,"section_number":"54.1-3490","catch_line":"Adverse actions","url":"\/54.1-3490\/","token":"54.1\/III\/34.1\/2\/54.1-3490","metadata":false},{"id":60676,"structure_id":13160,"section_number":"54.1-3491","catch_line":"Establishment of the Physical Therapy Compact Commission","url":"\/54.1-3491\/","token":"54.1\/III\/34.1\/2\/54.1-3491","metadata":false},{"id":58654,"structure_id":13160,"section_number":"54.1-3492","catch_line":"Data system","url":"\/54.1-3492\/","token":"54.1\/III\/34.1\/2\/54.1-3492","metadata":false},{"id":54181,"structure_id":13160,"section_number":"54.1-3493","catch_line":"Rulemaking","url":"\/54.1-3493\/","token":"54.1\/III\/34.1\/2\/54.1-3493","metadata":false},{"id":55587,"structure_id":13160,"section_number":"54.1-3494","catch_line":"Oversight, dispute resolution, and enforcement","url":"\/54.1-3494\/","token":"54.1\/III\/34.1\/2\/54.1-3494","metadata":false},{"id":74661,"structure_id":13160,"section_number":"54.1-3495","catch_line":"Date of implementation of the Interstate Commission for Physical Therapy Practice and associated rules, withdrawal, and amendment","url":"\/54.1-3495\/","token":"54.1\/III\/34.1\/2\/54.1-3495","metadata":false},{"id":84688,"structure_id":13160,"section_number":"54.1-3496","catch_line":"Construction and severability","url":"\/54.1-3496\/","token":"54.1\/III\/34.1\/2\/54.1-3496","metadata":false}],"previous_section":{"id":58654,"structure_id":13160,"section_number":"54.1-3492","catch_line":"Data system","url":"\/54.1-3492\/","token":"54.1\/III\/34.1\/2\/54.1-3492","metadata":false},"next_section":{"id":55587,"structure_id":13160,"section_number":"54.1-3494","catch_line":"Oversight, dispute resolution, and enforcement","url":"\/54.1-3494\/","token":"54.1\/III\/34.1\/2\/54.1-3494","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-3493\/","history_text":"

This law was first created in 2019. The record of its establishment is cataloged in chapter 300<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":243847,"object_type":"law","relational_id":54181,"identifier":"54.1-3493","token":"54.1\/III\/34.1\/2\/54.1-3493","url":"\/54.1-3493\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-3493\/","token":"54.1\/III\/34.1\/2\/54.1-3493","dublin_core":{"Title":"Rulemaking","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-3493","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a majority of the legislatures of the member states rejects a rule, by enactment of a statute<\/span> or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> On the website of the Commission or other publicly accessible platform; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> On the website of each member state physical therapy licensing board<\/span> or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Notice of Proposed Rulemaking shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The proposed time, date, and location of the meeting in which the rule will be considered and voted upon; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The text of the proposed rule or amendment and the reason for the proposed rule; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A request for comments on the proposed rule from any interested person; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing<\/span> and any written comments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts<\/span>, opinions<\/span>, and arguments, which shall be made available to the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Commission shall grant an opportunity for a public hearing<\/span> before it adopts a rule or amendment if a hearing<\/span> is requested by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> At least 25 persons; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A state or federal governmental subdivision or agency; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> An association having at least 25 members. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If a hearing<\/span> is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing<\/span>. If the hearing<\/span> is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All persons wishing to be heard at the hearing<\/span> shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing<\/span> not less than five business days before the scheduled date of the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Hearings<\/span> shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> All hearings<\/span> shall be recorded. A copy of the recording shall be made available on request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Nothing in this section shall be construed as requiring a separate hearing<\/span> on each rule. Rules may be grouped for the convenience of the Commission at hearings<\/span> required by this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Following the scheduled hearing<\/span> date, or by the close of business on the scheduled hearing<\/span> date if the hearing<\/span> was not held, the Commission shall consider all written and oral comments received. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> If no written notice of intent<\/span> to attend the public hearing<\/span> by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing<\/span>, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order<\/span> to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Meet an imminent threat to public health, safety, or welfare; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prevent a loss of Commission or member state funds; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Meet a deadline for the promulgation of an administrative rule that is established by federal law<\/span> or rule; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Protect public health and safety. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material<\/span> change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRULEMAKING (\u00a7 54.1-3493)\n\nA. The Commission shall exercise its rulemaking powers pursuant to the criteria\nset forth in this section and the rules adopted thereunder. Rules and amendments\nshall become binding as of the date specified in each rule or amendment.\n\nB. If a majority of the legislatures of the member states rejects a rule, by\nenactment of a statute or resolution in the same manner used to adopt the\nCompact within four years of the date of adoption of the rule, then such rule\nshall have no further force and effect in any member state.\n\nC. Rules or amendments to the rules shall be adopted at a regular or special\nmeeting of the Commission.\n\nD. Prior to promulgation and adoption of a final rule or rules by the\nCommission, and at least 30 days in advance of the meeting at which the rule\nwill be considered and voted upon, the Commission shall file a Notice of\nProposed Rulemaking:\n\n 1. On the website of the Commission or other publicly accessible platform; and\n\n 2. On the website of each member state physical therapy licensing board or\n other publicly accessible platform or the publication in which each state\n would otherwise publish proposed rules.\n\nE. The Notice of Proposed Rulemaking shall include:\n\n 1. The proposed time, date, and location of the meeting in which the rule will\n be considered and voted upon;\n\n 2. The text of the proposed rule or amendment and the reason for the proposed\n rule;\n\n 3. A request for comments on the proposed rule from any interested person; and\n\n 4. The manner in which interested persons may submit notice to the Commission\n of their intention to attend the public hearing and any written comments.\n\nF. Prior to adoption of a proposed rule, the Commission shall allow persons to\nsubmit written data, facts, opinions, and arguments, which shall be made\navailable to the public.\n\nG. The Commission shall grant an opportunity for a public hearing before it\nadopts a rule or amendment if a hearing is requested by:\n\n 1. At least 25 persons;\n\n 2. A state or federal governmental subdivision or agency; or\n\n 3. An association having at least 25 members.\n\nH. If a hearing is held on the proposed rule or amendment, the Commission shall\npublish the place, time, and date of the scheduled public hearing. If the\nhearing is held via electronic means, the Commission shall publish the mechanism\nfor access to the electronic hearing.\n\n 1. All persons wishing to be heard at the hearing shall notify the executive\n director of the Commission or other designated member in writing of their\n desire to appear and testify at the hearing not less than five business days\n before the scheduled date of the hearing.\n\n 2. Hearings shall be conducted in a manner providing each person who wishes to\n comment a fair and reasonable opportunity to comment orally or in writing.\n\n 3. All hearings shall be recorded. A copy of the recording shall be made\n available on request.\n\n 4. Nothing in this section shall be construed as requiring a separate hearing\n on each rule. Rules may be grouped for the convenience of the Commission at\n hearings required by this section.\n\nI. Following the scheduled hearing date, or by the close of business on the\nscheduled hearing date if the hearing was not held, the Commission shall\nconsider all written and oral comments received.\n\nJ. If no written notice of intent to attend the public hearing by interested\nparties is received, the Commission may proceed with promulgation of the\nproposed rule without a public hearing.\n\nK. The Commission shall, by majority vote of all members, take final action on\nthe proposed rule and shall determine the effective date of the rule, if any,\nbased on the rulemaking record and the full text of the rule.\n\nL. Upon determination that an emergency exists, the Commission may consider and\nadopt an emergency rule without prior notice, opportunity for comment, or\nhearing, provided that the usual rulemaking procedures provided in the Compact\nand in this section shall be retroactively applied to the rule as soon as\nreasonably possible, in no event later than 90 days after the effective date of\nthe rule. For the purposes of this provision, an emergency rule is one that must\nbe adopted immediately in order to:\n\n 1. Meet an imminent threat to public health, safety, or welfare;\n\n 2. Prevent a loss of Commission or member state funds;\n\n 3. Meet a deadline for the promulgation of an administrative rule that is\n established by federal law or rule; or\n\n 4. Protect public health and safety.\n\nM. The Commission or an authorized committee of the Commission may direct\nrevisions to a previously adopted rule or amendment for purposes of correcting\ntypographical errors, errors in format, errors in consistency, or grammatical\nerrors. Public notice of any revisions shall be posted on the website of the\nCommission. The revision shall be subject to challenge by any person for a\nperiod of 30 days after posting. The revision may be challenged only on grounds\nthat the revision results in a material change to a rule. A challenge shall be\nmade in writing and delivered to the chair of the Commission prior to the end of\nthe notice period. If no challenge is made, the revision will take effect\nwithout further action. If the revision is challenged, the revision may not take\neffect without the approval of the Commission.\n\nHISTORY: 2019, c. 300.","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}}