                                 CODE OF VIRGINIA

PURPOSE; ADOPTION; EFFECTIVE DATE; FILING; DUTIES OF REGISTRAR OF REGULATIONS
(§ 2.2-4012)

A. The purpose of the regulatory procedures shall be to provide a regulatory
plan that is predictable, based on measurable and anticipated outcomes, and is
inclined toward conflict resolution.

B. Subject to the provisions of &#xA7;&#xA7; 2.2-4013 and 2.2-4014, all
regulations, including those that agencies, pursuant to &#xA7; 2.2-4002,
2.2-4006, or 2.2-4011, may elect to dispense with the public procedures provided
by &#xA7;&#xA7; 2.2-4007.01 and 2.2-4009, may be formally and finally adopted by
the signed order of the agency so stating. No regulation except an emergency
regulation or a noncontroversial regulation promulgated pursuant to &#xA7;
2.2-4012.1 shall be effective until the expiration of the applicable period as
provided in &#xA7; 2.2-4015. In the case of an emergency regulation filed in
accordance with &#xA7; 2.2-4011, the regulation shall become effective upon its
adoption and filing with the Registrar of Regulations, unless a later date is
specified. The originals of all regulations shall remain in the custody of the
agency as public records subject to judicial notice by all courts and agencies.
They, or facsimiles thereof, shall be made available for public inspection or
copying. Full and true copies shall also be additionally filed, registered,
published, or otherwise made publicly available as required by other laws.

C. Prior to the publication for hearing of a proposed regulation, copies of the
regulation and copies of the summary and statement as to the basis, purpose,
substance, issues, and the economic impact estimate of the regulation submitted
by the Department of Planning and Budget and the agency&#8217;s response thereto
as required by &#xA7; 2.2-4007.04 shall be transmitted to the Registrar of
Regulations, who shall retain these documents.

D. All regulations adopted pursuant to this chapter shall contain a citation to
the section of the Code of Virginia that authorizes or requires the regulations
and, where the regulations are required to conform to federal law or regulation
in order to be valid, a citation to the specific federal law or regulation to
which conformity is required.

E. Immediately upon the adoption by any agency of any regulation in final form,
a copy of (i) the regulation, (ii) a then current summary and statement as to
the basis, purpose, substance, issues, and the economic impact estimate of the
regulation submitted by the Department of Planning and Budget, and (iii) the
agency&#8217;s summary description of the nature of the oral and written data,
views, or arguments presented during the public proceedings and the
agency&#8217;s comments thereon shall be transmitted to the Registrar of
Regulations, who shall retain these documents as permanent records and make them
available for public inspection. A draft of the agency&#8217;s summary
description of public comment shall be sent by the agency to all public
commenters on the proposed regulation at least five days before final adoption
of the regulation.

HISTORY: 1975, c. 503, § 9-6.14:9; 1977, cc. 450, 459; 1981, c. 387; 1982, c.
425; 1983, c. 295; 1984, c. 5; 1989, c. 71; 1992, c. 829; 1993, c. 898; 1994, c.
938; 2001, c. 844; 2003, c. 224; 2007, cc. 873, 916.