                                 CODE OF VIRGINIA

NOTICE OF INTENDED REGULATORY ACTION; PUBLIC HEARING (§ 2.2-4007.01)

A. In the case of all regulations, except those regulations exempted by &#xA7;
2.2-4002, 2.2-4006, 2.2-4011, or 2.2-4012.1, an agency shall (i) provide the
Registrar of Regulations with a Notice of Intended Regulatory Action that
describes the subject matter and intent of the planned regulation and (ii) allow
at least 30 days for public comment, to include an on-line public comment forum
on the Virginia Regulatory Town Hall, after publication of the Notice of
Intended Regulatory Action.
			Whenever a Virginia statutory change necessitates a change to, or repeal of,
all or a portion of a regulation or the adoption of a new regulation, the agency
shall file a Notice of Intended Regulatory Action with the Registrar within 120
days of such law&#8217;s effective date.
			An agency shall not file proposed regulations with the Registrar until the
public comment period on the Notice of Intended Regulatory Action has closed.

B. Agencies shall state in the Notice of Intended Regulatory Action whether they
plan to hold a public hearing on the proposed regulation after it is published.
Agencies shall hold such public hearings if required by basic law. If the agency
states an intent to hold a public hearing on the proposed regulation in the
Notice of Intended Regulatory Action, then it shall hold the public hearing. If
the agency states in its Notice of Intended Regulatory Action that it does not
plan to hold a hearing on the proposed regulation, then no public hearing is
required unless, prior to completion of the comment period specified in the
Notice of Intended Regulatory Action, (i) the Governor directs the agency to
hold a public hearing or (ii) the agency receives requests for a public hearing
from at least 25 persons.

HISTORY: 2007, cc. 873, 916; 2011, c. 464.