                                 CODE OF VIRGINIA

EFFECTIVE DATE OF REGULATION; EXCEPTION (§ 2.2-4015)

A. A regulation adopted in accordance with this chapter and the Virginia
Register Act (§ 2.2-4100 et seq.) shall become effective at the conclusion of
the thirty-day final adoption period provided for in subsection D of §
2.2-4013, or any other later date specified by the agency, unless:

   1. A legislative objection has been filed in accordance with &#xA7; 2.2-4014,
   in which event the regulation, unless withdrawn by the agency, shall become
   effective on a date specified by the agency that shall be after the expiration
   of the applicable twenty-one-day extension period provided in &#xA7; 2.2-4014;

   2. The Governor has exercised his authority in accordance with &#xA7; 2.2-4013
   to require the agency to provide for additional public comment, in which event
   the regulation, unless withdrawn by the agency, shall become effective on a
   date specified by the agency that shall be after the period for which the
   Governor has provided for additional public comment;

   3. The Governor and (i) the appropriate standing committees of each house of
   the General Assembly or (ii) the Joint Commission on Administrative Rules have
   exercised their authority in accordance with subsection B of &#xA7; 2.2-4014
   to suspend the effective date of a regulation until the end of the next
   regular legislative session; or

   4. The agency has suspended the regulatory process in accordance with &#xA7;
   2.2-4007.06, or for any reason it deems necessary or appropriate, in which
   event the regulation, unless withdrawn by the agency, shall become effective
   in accordance with subsection B.

B. Whenever the regulatory process has been suspended for any reason, any action
by the agency that either amends the regulation or does not amend the regulation
but specifies a new effective date shall be considered a readoption of the
regulation for the purposes of appeal. If the regulation is suspended under
&#xA7; 2.2-4007.06, such readoption shall take place after the thirty-day public
comment period required by that subsection. Suspension of the regulatory process
by the agency may occur simultaneously with the filing of final regulations as
provided in subsection B of &#xA7; 2.2-4013.
			When a regulation has been suspended, the agency must set the effective date
no earlier than fifteen days from publication of the readoption action and any
changes made to the regulation. During that fifteen-day period, if the agency
receives requests from at least twenty-five persons for the opportunity to
comment on new substantial changes, it shall again suspend the regulation
pursuant to &#xA7; 2.2-4007.06.

C. This section shall not apply to the issuance by the State Air Pollution
Control Board of variances to its regulations.

HISTORY: 1984, c. 5, § 9-6.14:9.3; 1993, cc. 551, 772, 898; 1995, c. 25; 2001,
c. 844; 2002, cc. 391, 677; 2004, c. 777; 2007, cc. 873, 916.