                                 CODE OF VIRGINIA

EMERGENCY REGULATIONS; PUBLICATION; EXCEPTIONS (§ 2.2-4011)

A. Regulations that an agency finds are necessitated by an emergency situation
may be adopted by an agency upon consultation with the Attorney General, which
approval shall be granted only after the agency has submitted a request stating
in writing the nature of the emergency, and the necessity for such action shall
be at the sole discretion of the Governor.

B. Agencies may also adopt emergency regulations in situations in which Virginia
statutory law or the appropriation act or federal law or federal regulation
requires that a regulation be effective in 280 days or less from its enactment
and the regulation is not exempt under the provisions of subdivision A 4 of
&#xA7; 2.2-4006. In such cases, the agency shall state in writing the nature of
the emergency and of the necessity for such action and may adopt the
regulations. Pursuant to &#xA7; 2.2-4012, such regulations shall become
effective upon approval by the Governor and filing with the Registrar of
Regulations.

C. All emergency regulations shall be limited to no more than 18 months in
duration. During the 18-month period, an agency may issue additional emergency
regulations as needed addressing the subject matter of the initial emergency
regulation, but any such additional emergency regulations shall not be effective
beyond the 18-month period from the effective date of the initial emergency
regulation. If the agency wishes to continue regulating the subject matter
governed by the emergency regulation beyond the 18-month limitation, a
regulation to replace the emergency regulation shall be promulgated in
accordance with this article. The Notice of Intended Regulatory Action to
promulgate a replacement regulation shall be filed with the Registrar within 60
days of the effective date of the emergency regulation and published as soon as
practicable, and the proposed replacement regulation shall be filed with the
Registrar within 180 days after the effective date of the emergency regulation
and published as soon as practicable.

D. In the event that an agency concludes that despite its best efforts a
replacement regulation cannot be adopted before expiration of the 18-month
period described in subsection C, it may seek the prior written approval of the
Governor to extend the duration of the emergency regulation for a period of not
more than six additional months. Any such request must be submitted to the
Governor at least 30 days prior to the scheduled expiration of the emergency
regulation and shall include a description of the agency&#8217;s efforts to
adopt a replacement regulation together with the reasons that a replacement
regulation cannot be adopted before the scheduled expiration of the emergency
regulation. Upon approval of the Governor, provided such approval occurs prior
to the scheduled expiration of the emergency regulation, the duration of the
emergency regulation shall be extended for a period of no more than six months.
Such approval shall be in the sole discretion of the Governor and shall not be
subject to judicial review. Agencies shall notify the Registrar of Regulations
of the new expiration date of the emergency regulation as soon as practicable.

E. Emergency regulations shall be published as soon as practicable in the
Register.

F. The Regulations of the Marine Resources Commission shall be excluded from the
provisions of this section.

HISTORY: 1975, c. 503, § 9-6.14:9; 1977, cc. 450, 459; 1981, c. 387; 1982, c.
425; 1983, c. 295; 1984, c. 5; 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, 71, 299,
478; 1990, cc. 721, 968; 1991, cc. 80, 294, 344; 1992, cc. 200, 409, 488, 592,
793, 829; 1993, cc. 537, 669, 898; 1994, cc. 237, 577, 649, 740, 743, 801, 938;
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; 2007, cc. 873, 916; 2013,
c. 629.