                                 CODE OF VIRGINIA

AGENCIES TO FILE REGULATIONS WITH REGISTRAR; OTHER DUTIES; FAILURE TO FILE (§
2.2-4103)

It shall be the duty of every agency to have on file with the Registrar the full
text of all of its currently operative regulations, together with the dates of
adoption, revision, publication, or amendment thereof and such additional
information requested by the Commission or the Registrar for the purpose of
publishing the Virginia Register of Regulations and the Virginia Administrative
Code. Thereafter, coincidentally with the issuance thereof, each agency shall
from day to day so file, date, and supplement all new regulations and
amendments, repeals, or additions to its previously filed regulations. The filed
regulations shall (i) indicate the laws they implement or carry out, (ii)
designate any prior regulations repealed, modified, or supplemented, (iii) state
any special effective or terminal dates, and (iv) be accompanied by a statement
or certification, either in original or electronic form, that the regulations
are full, true, and correctly dated. No regulation or amendment or repeal
thereof shall be effective until filed with the Registrar.
		Orders condemning or closing any shellfish, finfish or crustacea growing area
and the shellfish, finfish or crustacea located thereon pursuant to Article 2
(§ 28.2-803 et seq.) of Chapter 8, of Title 28.2, which are exempt from the
requirements of the Administrative Process Act (§ 2.2-4000 et seq.) as provided
in subsection B of § 2.2-4002, shall be effective on the date specified by the
promulgating agency. Such orders shall continue to be filed with the Registrar
either before or after their effective dates in order to satisfy the need for
public availability of information respecting the regulations of state agencies.
		In addition, each agency shall itself (a) maintain a complete list of all of
its currently operative regulations for public consultation, (b) make available
to public inspection a complete file of the full texts of all such regulations,
and (c) allow public copying thereof or make copies available either without
charge, at cost, or on payment of a reasonable fee. Each agency shall also
maintain as a public record a complete file of its regulations that have been
superseded on and after June 1, 1975.
		Where regulations adopt textual matter by reference to publications other than
the Federal Register or Code of Federal Regulations, the agency shall (1) file
with the Registrar copies of the referenced publications, (2) state on the face
of or as notations to regulations making such adoptions by reference the places
where copies of the referred publications may be procured, and (3) make copies
of such referred publications available for public inspection and copying along
with its other regulations.
		Unless he finds that there are special circumstances requiring otherwise, the
Governor, in addition to the exercise of his authority to see that the laws are
faithfully executed, may, until compliance with this chapter is achieved,
withhold the payment of compensation or expenses of any officer or employee of
any agency in whole or part whenever the Commission certifies to him that the
agency has failed to comply with this section or this chapter in stated
respects, to respond promptly to the requests of the Registrar, or to comply
with the regulations of the Commission.

HISTORY: 1973, c. 535, § 9-6.18; 1975, c. 502; 1982, c. 489; 1989, c. 299;
1997, cc. 11, 87; 2001, c. 844; 2007, c. 41; 2010, cc. 178, 407, 728; 2017, c.
488; 2020, cc. 201, 356.