                                 CODE OF VIRGINIA

EXEMPTIONS FROM REQUIREMENTS OF THIS ARTICLE (§ 2.2-4006)

A. The following agency actions otherwise subject to this chapter and §
2.2-4103 of the Virginia Register Act shall be exempted from the operation of
this article:

   1. Agency orders or regulations fixing rates or prices.

   2. Regulations that establish or prescribe agency organization, internal
   practice or procedures, including delegations of authority.

   3. Regulations that consist only of changes in style or form or corrections of
   technical errors. Each promulgating agency shall review all references to
   sections of the Code of Virginia within their regulations each time a new
   supplement or replacement volume to the Code of Virginia is published to
   ensure the accuracy of each section or section subdivision identification
   listed.

   4. Regulations that are:
   				a. Necessary to conform to changes in Virginia statutory law or the
   appropriation act where no agency discretion is involved. However, such
   regulations shall be filed with the Registrar within 90 days of the
   law&#8217;s effective date;
   				b. Required by order of any state or federal court of competent
   jurisdiction where no agency discretion is involved; or
   				c. Necessary to meet the requirements of federal law or regulations,
   provided such regulations do not differ materially from those required by
   federal law or regulation, and the Registrar has so determined in writing.
   Notice of the proposed adoption of these regulations and the Registrar&#8217;s
   determination shall be published in the Virginia Register not less than 30
   days prior to the effective date of the regulation.

   5. Regulations of the Board of Agriculture and Consumer Services adopted
   pursuant to subsection B of &#xA7; 3.2-3929 or clause (v) or (vi) of
   subsection C of &#xA7; 3.2-3931 after having been considered at two or more
   Board meetings and one public hearing.

   6. Regulations of (i) the regulatory boards served by the Department of Labor
   and Industry pursuant to Title 40.1 and the Department of Professional and
   Occupational Regulation or the Department of Health Professions pursuant to
   Title 54.1, (ii) the Board of Accountancy, and (iii) the State Board of Health
   that are limited to reducing fees charged to regulants and applicants.

   7. The development and issuance of procedural policy relating to risk-based
   mine inspections by the Department of Energy authorized pursuant to
   &#xA7;&#xA7; 45.2-560 and 45.2-1149.

   8. General permits issued by the (a) State Air Pollution Control Board
   pursuant to Chapter 13 (&#xA7; 10.1-1300 et seq.) of Title 10.1 or (b) State
   Water Control Board pursuant to the State Water Control Law (&#xA7; 62.1-44.2
   et seq.), Chapter 24 (&#xA7; 62.1-242 et seq.) of Title 62.1 and Chapter 25
   (&#xA7; 62.1-254 et seq.) of Title 62.1, (c) Virginia Soil and Water
   Conservation Board pursuant to the Dam Safety Act (&#xA7; 10.1-604 et seq.),
   and (d) the development and issuance of general wetlands permits by the Marine
   Resources Commission pursuant to subsection B of &#xA7; 28.2-1307, if the
   respective Board or Commission (i) provides a Notice of Intended Regulatory
   Action in conformance with the provisions of &#xA7; 2.2-4007.01, (ii)
   following the passage of 30 days from the publication of the Notice of
   Intended Regulatory Action forms a technical advisory committee composed of
   relevant stakeholders, including potentially affected citizens groups, to
   assist in the development of the general permit, (iii) provides notice and
   receives oral and written comment as provided in &#xA7; 2.2-4007.03, and (iv)
   conducts at least one public hearing on the proposed general permit.

   9. The development and issuance by the Board of Education of guidelines on
   constitutional rights and restrictions relating to the recitation of the
   pledge of allegiance to the American flag in public schools pursuant to &#xA7;
   22.1-202.

   10. Regulations of the Board of the Commonwealth Savers Plan adopted pursuant
   to &#xA7; 23.1-704.

   11. Regulations of the Marine Resources Commission.

   12. Regulations adopted by the Board of Housing and Community Development
   pursuant to (i) Statewide Fire Prevention Code (&#xA7; 27-94 et seq.), (ii)
   the Industrialized Building Safety Law (&#xA7; 36-70 et seq.), (iii) the
   Uniform Statewide Building Code (&#xA7; 36-97 et seq.), and (iv) &#xA7;
   36-98.3, provided the Board (a) provides a Notice of Intended Regulatory
   Action in conformance with the provisions of &#xA7; 2.2-4007.01, (b) publishes
   the proposed regulation and provides an opportunity for oral and written
   comments as provided in &#xA7; 2.2-4007.03, and (c) conducts at least one
   public hearing as provided in &#xA7;&#xA7; 2.2-4009 and 36-100 prior to the
   publishing of the proposed regulations. Notwithstanding the provisions of this
   subdivision, any regulations promulgated by the Board shall remain subject to
   the provisions of &#xA7; 2.2-4007.06 concerning public petitions, and
   &#xA7;&#xA7; 2.2-4013 and 2.2-4014 concerning review by the Governor and
   General Assembly.

   13. Amendments to regulations of the Board to schedule a substance pursuant to
   subsection D or E of &#xA7; 54.1-3443.

   14. Waste load allocations adopted, amended, or repealed by the State Water
   Control Board pursuant to the State Water Control Law (&#xA7; 62.1-44.2 et
   seq.), including but not limited to Article 4.01 (&#xA7; 62.1-44.19:4 et seq.)
   of the State Water Control Law, if the Board (i) provides public notice in the
   Virginia Register; (ii) if requested by the public during the initial public
   notice 30-day comment period, forms an advisory group composed of relevant
   stakeholders; (iii) receives and provides summary response to written
   comments; and (iv) conducts at least one public meeting. Notwithstanding the
   provisions of this subdivision, any such waste load allocations adopted,
   amended, or repealed by the Board shall be subject to the provisions of
   &#xA7;&#xA7; 2.2-4013 and 2.2-4014 concerning review by the Governor and
   General Assembly.

   15. Regulations of the Workers&#8217; Compensation Commission adopted pursuant
   to &#xA7; 65.2-605, including regulations that adopt, amend, adjust, or repeal
   Virginia fee schedules for medical services, provided the Workers&#8217;
   Compensation Commission (i) utilizes a regulatory advisory panel constituted
   as provided in subdivision F 2 of &#xA7; 65.2-605 to assist in the development
   of such regulations and (ii) provides an opportunity for public comment on the
   regulations prior to adoption.

   16. Amendments to the State Health Services Plan adopted by the Board of
   Health following receipt of recommendations by the State Health Services Task
   Force pursuant to &#xA7; 32.1-102.2:1 if the Board (i) provides a Notice of
   Intended Regulatory Action in accordance with the requirements of &#xA7;
   2.2-4007.01, (ii) provides notice and receives comments as provided in &#xA7;
   2.2-4007.03, and (iii) conducts at least one public hearing on the proposed
   amendments.

   17. Rules of the Workers&#8217; Compensation Commission adopted pursuant to
   subsection A of &#xA7; 65.2-201 and subsection B of &#xA7; 65.2-703, provided
   the Workers&#8217; Compensation Commission provides an opportunity for public
   comment on the rules prior to adoption.

B. Whenever regulations are adopted under this section, the agency shall state
as part thereof that it will receive, consider and respond to petitions by any
interested person at any time with respect to reconsideration or revision. The
effective date of regulations adopted under this section shall be in accordance
with the provisions of &#xA7; 2.2-4015, except in the case of emergency
regulations, which shall become effective as provided in subsection B of &#xA7;
2.2-4012.

C. A regulation for which an exemption is claimed under this section or &#xA7;
2.2-4002 or 2.2-4011 and that is placed before a board or commission for
consideration shall be provided at least two days in advance of the board or
commission meeting to members of the public that request a copy of that
regulation. A copy of that regulation shall be made available to the public
attending such meeting.

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, c. 844; 2003, c. 436; 2005, c. 102; 2006, cc. 632, 719; 2007, cc.
873, 916; 2010, c. 65; 2011, c. 464; 2012, cc. 803, 835; 2013, cc. 756, 793;
2014, cc. 202, 674, 719; 2016, cc. 221, 279, 290; 2017, cc. 416, 432; 2018, cc.
46, 77; 2020, c. 1271; 2021, Sp. Sess. I, c. 532; 2024, cc. 217, 559; 2025, cc.
254, 265.