                                 CODE OF VIRGINIA

APPOINTMENT OF AGENCY HEADS; DISCLOSURE OF RESUMES; SEVERANCE (§ 2.2-106)

A. Notwithstanding any provision of law to the contrary, the Governor shall
appoint the administrative head of each agency of the executive branch of state
government except the:

   1. Executive Director of the Virginia Port Authority;

   2. Executive Director of the State Council of Higher Education for Virginia;

   3. Executive Director of the Department of Wildlife Resources;

   4. Executive Director of the Jamestown-Yorktown Foundation;

   5. Executive Director of the Motor Vehicle Dealer Board;

   6. Librarian of Virginia;

   7. Administrator of the Commonwealth&#8217;s Attorneys&#8217; Services
   Council;

   8. Executive Director of the Virginia Housing Development Authority; and

   9. Executive Director of the Board of Accountancy.
   				However, the manner of selection of those heads of agencies chosen as set
   forth in the Constitution of Virginia shall continue without change. Each
   administrative head and Secretary appointed by the Governor pursuant to this
   section shall (i) be subject to confirmation by the General Assembly, (ii)
   have the professional qualifications prescribed by law, and (iii) serve at the
   pleasure of the Governor.

B. As part of the confirmation process for each administrative head and
Secretary, the Secretary of the Commonwealth shall provide copies of the resumes
and statements of economic interests filed pursuant to &#xA7; 2.2-3117 to the
chairs of the House of Delegates and Senate Committees on Privileges and
Elections. For appointments made before January 1, copies shall be provided to
the chairs within 30 days of the appointment or by January 7 whichever time is
earlier; and for appointments made after January 1 through the regular session
of that year, copies shall be provided to the chairs within seven days of the
appointment. Each appointee shall be available for interviews by the Committees
on Privileges and Elections or other applicable standing committee. For the
purposes of this section and &#xA7; 2.2-107, there shall be a joint subcommittee
of the House of Delegates and Senate Committees on Privileges and Elections
consisting of five members of the House Committee and three members of the
Senate Committee appointed by the respective chairs of the committees to review
the resumes and statements of economic interests of gubernatorial appointees.
The members of the House of Delegates shall be appointed in accordance with the
principles of proportional representation contained in the Rules of the House of
Delegates. No appointment confirmed by the General Assembly shall be subject to
challenge by reason of a failure to comply with the provisions of this
subsection pertaining to the confirmation process.

C. For the purpose of this section, &#8220;agency&#8221; includes all
administrative units established by law or by executive order that are not (i)
arms of the legislative or judicial branches of government; (ii) institutions of
higher education as classified under &#xA7;&#xA7; 22.1-346, 23.1-1100,
23.1-3210, and 23.1-3216; (iii) regional planning districts, regional
transportation authorities or districts, or regional sanitation districts; and
(iv) assigned by law to other departments or agencies, not including assignments
to secretaries under Article 7 (&#xA7; 2.2-215 et seq.) of Chapter 2 of this
title.

D. The resumes and applications for appointment submitted by persons who are
appointed by the Governor pursuant to this section shall be available to the
public upon request.

E. Severance benefits provided to any departing agency head, whether or not
appointed by the Governor, shall be publicly announced by the appointing
authority prior to such departure.

HISTORY: 1977, c. 542, § 2.1-41.2; 1979, c. 294; 1981, c. 589; 1983, c. 298;
1984, c. 104; 1986, c. 565; 1994, c. 661; 1995, cc. 767, 816; 1996, c. 812;
1998, c. 427; 2000, cc. 382, 400; 2001, cc. 832, 844; 2003, cc. 981, 1021; 2005,
cc. 803, 938; 2006, c. 254; 2010, cc. 136, 145; 2016, c. 729; 2020, c. 958;
2025, c. 144.