                                 CODE OF VIRGINIA

RULEMAKING (§ 54.1-3040.8)

A. The Commission shall exercise its rulemaking powers pursuant to the criteria
set forth in this Article and the rules adopted thereunder. Rules and amendments
shall become binding as of the date specified in each rule or amendment and
shall have the same force and effect as provisions of this Compact.

B. Rules or amendments to the rules shall be adopted at a regular or special
meeting of the Commission.

C. Prior to promulgation and adoption of a final rule or rules by the
Commission, and at least sixty (60) days in advance of the meeting at which the
rule will be considered and voted upon, the Commission shall file a notice of
proposed rulemaking:

   1. On the website of the Commission; and

   2. On the website of each licensing board or the publication in which each
   state would otherwise publish proposed rules.

D. The notice of proposed rulemaking shall include:

   1. The proposed time, date, and location of the meeting in which the rule will
   be considered and voted upon;

   2. The text of the proposed rule or amendment and the reason for the proposed
   rule;

   3. A request for comments on the proposed rule from any interested person; and

   4. The manner in which interested persons may submit notice to the Commission
   of their intention to attend the public hearing and submit any written
   comments.

E. Prior to adoption of a proposed rule, the Commission shall allow persons to
submit written data, facts, opinions, and arguments, which shall be made
available to the public.

F. The Commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment.

G. The Commission shall publish the place, time, and date of the scheduled
public hearing.

   1. Hearings shall be conducted in a manner providing each person who wishes to
   comment a fair and reasonable opportunity to comment orally or in writing. All
   hearings will be recorded, and a copy will be made available upon request.

   2. Nothing in this section shall be construed as requiring a separate hearing
   on each rule. Rules may be grouped for the convenience of the Commission at
   hearings required by this section.

H. If no one appears at the public hearing, the Commission may proceed with
promulgation of the proposed rule.

I. Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the Commission shall
consider all written and oral comments received.

J. The Commission shall, by majority vote of all administrators, take final
action on the proposed rule and shall determine the effective date of the rule,
if any, based on the rulemaking record and the full text of the rule.

K. Upon determination that an emergency exists, the Commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or
hearing, provided that the usual rulemaking procedures provided in this Compact
and in this section shall be retroactively applied to the rule as soon as
reasonably possible, in no event later than ninety (90) days after the effective
date of the rule. For the purposes of this provision, an emergency rule is one
that must be adopted immediately in order to:

   1. Meet an imminent threat to public health, safety, or welfare;

   2. Prevent a loss of Commission or party state funds; or

   3. Meet a deadline for the promulgation of an administrative rule that is
   required by federal law or rule.

L. The Commission may direct revisions to a previously adopted rule or amendment
for purposes of correcting typographical errors, errors in format, errors in
consistency, or grammatical errors. Public notice of any revisions shall be
posted on the website of the Commission. The revision shall be subject to
challenge by any person for a period of thirty (30) days after posting. The
revision may be challenged only on grounds that the revision results in a
material change to a rule. A challenge shall be made in writing, and delivered
to the Commission, prior to the end of the notice period. If no challenge is
made, the revision will take effect without further action. If the revision is
challenged, the revision may not take effect without the approval of the
Commission.

HISTORY: 2016, c. 108.