                                 CODE OF VIRGINIA

EXEMPTIONS FROM CHAPTER GENERALLY (§ 2.2-4002)

A. Although required to comply with § 2.2-4103 of the Virginia Register Act (§
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
§§ 2.2-4024, 2.2-4030, and 2.2-4031:

   1. The General Assembly.

   2. 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.

   3. 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 (&#xA7; 29.1-200 et seq.), 3 (&#xA7; 29.1-300 et
   seq.), 4 (&#xA7; 29.1-400 et seq.), 5 (&#xA7; 29.1-500 et seq.), and 7 (&#xA7;
   29.1-700 et seq.) of Title 29.1.

   4. The Virginia Housing Development Authority.

   5. Municipal corporations, counties, and all local, regional, or
   multijurisdictional authorities created under this Code, including those with
   federal authorities.

   6. Educational institutions operated by the Commonwealth, provided that, with
   respect to &#xA7; 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. The Milk Commission in promulgating regulations regarding (i)
   producers&#8217; licenses and bases, (ii) classification and allocation of
   milk, computation of sales, and shrinkage, and (iii) class prices for
   producers&#8217; milk, time and method of payment, butterfat testing, and
   differential.

   8. The Virginia Resources Authority.

   9. Agencies expressly exempted by any other provision of this Code.

   10. The Department of General Services in promulgating standards for the
   inspection of buildings for asbestos pursuant to &#xA7; 2.2-1164.

   11. The State Council of Higher Education for Virginia, in developing,
   issuing, and revising guidelines pursuant to &#xA7; 23.1-207.

   12. The Commissioner of Agriculture and Consumer Services in adopting
   regulations pursuant to subsection B of &#xA7; 3.2-6002 and in adopting
   regulations pursuant to &#xA7; 3.2-6023.

   13. 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 &#xA7; 3.2-3601, subsection B of &#xA7; 3.2-3701,
   &#xA7; 3.2-4002, subsections B and D of &#xA7; 3.2-4801, &#xA7;&#xA7; 3.2-5121
   and 3.2-5206, and subsection A of &#xA7; 3.2-5406.

   14. 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
   (&#xA7; 54.1-3222 et seq.) of Chapter 32 of Title 54.1.

   15. The Commissioner of the Department of Veterans Services in adopting
   regulations pursuant to &#xA7; 2.2-2001.3.

   16. The State Board of Education, in developing, issuing, and revising
   guidelines pursuant to &#xA7; 22.1-203.2.

   17. 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.

   18. The Virginia Small Business Financing Authority.

   19. The Virginia Economic Development Partnership Authority.

   20. The Board of Agriculture and Consumer Services in adopting, amending, or
   repealing regulations pursuant to subsection A (ii) of &#xA7; 59.1-156.

   21. The Insurance Continuing Education Board pursuant to &#xA7; 38.2-1867.

   22. The Board of Health in promulgating the list of diseases that shall be
   reported to the Department of Health pursuant to &#xA7; 32.1-35 and in
   adopting, amending, or repealing regulations pursuant to subsection C of
   &#xA7; 35.1-14 that incorporate the Food and Drug Administration&#8217;s Food
   Code pertaining to restaurants or food service.

   23. The Board of Pharmacy when specifying special subject requirements for
   continuing education for pharmacists pursuant to &#xA7; 54.1-3314.1.

   24. The Virginia Department of Veterans Services when promulgating rules and
   regulations pursuant to &#xA7; 58.1-3219.7 or 58.1-3219.11.

   25. The Virginia Department of Criminal Justice Services when developing,
   issuing, or revising any training standards established by the Criminal
   Justice Services Board under &#xA7; 9.1-102, provided such actions are
   authorized by the Governor in the interest of public safety.

B. Agency action relating to the following subjects shall be exempted from the
provisions of this chapter:

   1. Money or damage claims against the Commonwealth or agencies thereof.

   2. The award or denial of state contracts, as well as decisions regarding
   compliance therewith.

   3. The location, design, specifications, or construction of public buildings
   or other facilities.

   4. Grants of state or federal funds or property.

   5. The chartering of corporations.

   6. Customary military, militia, naval, or police functions.

   7. The selection, tenure, dismissal, direction, or control of any officer or
   employee of an agency of the Commonwealth.

   8. The conduct of elections or eligibility to vote.

   9. Inmates of prisons or other such facilities or parolees therefrom.

   10. 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.

   11. Traffic signs, markers, or control devices.

   12. Instructions for application or renewal of a license, certificate, or
   registration required by law.

   13. Content of, or rules for the conduct of, any examination required by law.

   14. The administration of pools authorized by Chapter 47 (&#xA7; 2.2-4700 et
   seq.).

   15. 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.

   16. Orders condemning or closing any shellfish, finfish, or crustacea growing
   area and the shellfish, finfish, or crustacea located thereon pursuant to
   Article 2 (&#xA7; 28.2-803 et seq.) of Chapter 8 of Title 28.2.

   17. Any operating procedures for review of child deaths developed by the State
   Child Fatality Review Team pursuant to &#xA7; 32.1-283.1, any operating
   procedures for review of adult deaths developed by the Adult Fatality Review
   Team pursuant to &#xA7; 32.1-283.5, any operating procedures for review of
   adult deaths developed by the Maternal Mortality Review Team pursuant to
   &#xA7; 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 &#xA7; 37.2-314.1.

   18. The regulations for the implementation of the Health Practitioners&#8217;
   Monitoring Program and the activities of the Health Practitioners&#8217;
   Monitoring Program Committee pursuant to Chapter 25.1 (&#xA7; 54.1-2515 et
   seq.) of Title 54.1.

   19. The process of reviewing and ranking grant applications submitted to the
   Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12
   (&#xA7; 51.5-178 et seq.) of Chapter 14 of Title 51.5.

   20. Loans from the Small Business Environmental Compliance Assistance Fund
   pursuant to Article 4 (&#xA7; 10.1-1197.1 et seq.) of Chapter 11.1 of Title
   10.1.

   21. The Virginia Breeders Fund created pursuant to &#xA7; 59.1-372.

   22. The types of pari-mutuel wagering pools available for live or simulcast
   horse racing.

   23. The administration of medication or other substances foreign to the
   natural horse.

   24. 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 (&#xA7; 18.2-340.15 et seq.) of Chapter 8 of
   Title 18.2 and (ii) published and posted.

C. Minor changes to regulations published in the Virginia Administrative Code
under the Virginia Register Act (&#xA7; 2.2-4100 et seq.), made by the Virginia
Code Commission pursuant to &#xA7; 30-150, shall be exempt from the provisions
of this chapter.

HISTORY: 1985, c. 602, § 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.