                                 CODE OF VIRGINIA

PETITIONS FOR NEW OR AMENDED REGULATIONS; OPPORTUNITY FOR PUBLIC COMMENT (§
2.2-4007)

A. Any person may petition an agency to request the agency to develop a new
regulation or amend an existing regulation. The petition shall state (i) the
substance and purpose of the rulemaking that is requested, including reference
to any applicable Virginia Administrative Code sections, and (ii) reference to
the legal authority of the agency to take the action requested.

B. Within 14 days of receiving a petition, the agency shall send a notice
identifying the petitioner, the nature of the petitioner&#8217;s request and the
agency&#8217;s plan for disposition of the petition to the Registrar for
publication in the Virginia Register of Regulations in accordance with the
provisions of subsection B of &#xA7; 2.2-4031.

C. A 21-day period for acceptance of written public comment on the petition
shall be provided after publication in the Virginia Register. The agency shall
issue a written decision to grant or deny the petitioner&#8217;s request within
90 days following the close of the comment period. However, if the rulemaking
authority is vested in an entity that has not met within that 90-day period, the
entity shall issue a written decision no later than 14 days after it next meets.
The written decision issued by the agency shall include a statement of its
reasons and shall be submitted to the Registrar for publication in the Virginia
Register of Regulations. Agency decisions to initiate or not initiate rulemaking
in response to petitions shall not be subject to judicial review.

HISTORY: 1984, c. 5, § 9-6.14:7.1; 1985, c. 602; 1989, c. 71; 1991, c. 488;
1993, cc. 898, 944; 1994, c. 938; 1995, cc. 25, 677, 717, 790; 1997, c. 87;
2001, c. 844; 2002, cc. 241, 391, 747; 2003, c. 224; 2005, cc. 619, 682; 2007,
cc. 873, 916.