                                 CODE OF VIRGINIA

AUTHORITY OF COMMISSIONER TO ADOPT REGULATIONS (§ 3.2-4002)

A. The Commissioner may, by regulation: (i) adopt the Rules for Testing Seeds
established by the Association of Official Seed Analysts; (ii) amend the
standards for seed; (iii) amend the prohibited noxious-weed seed list; and (iv)
amend the restricted noxious-weed seed list.

B. Such regulations shall be effective upon filing with the Registrar of
Regulations, who shall publish the regulations as a final regulation in the
Virginia Register of Regulations with a preamble stating that the Board will
receive, consider, and respond to petitions by any interested person at any time
with respect to reconsideration or revision of such regulation.

C. The Board, after giving notice in the Virginia Register of Regulations, may
reconsider and revise the regulation adopted by the Commissioner. The revised
regulation shall be effective upon filing with the Registrar of Regulations, who
shall publish the regulation as final regulation in the Virginia Register of
Regulations. Neither the provisions of the Administrative Process Act (&#xA7;
2.2-4000 et seq.) nor public participation guidelines adopted pursuant thereto
shall apply to the adoption, reconsideration, or revision of any regulation
adopted pursuant to this section.

HISTORY: 1994, c. 577, § 3.1-271.1; 2008, c. 860.