                                 CODE OF VIRGINIA

RULEMAKING (§ 54.1-3493)

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

B. If a majority of the legislatures of the member states rejects a rule, by
enactment of a statute or resolution in the same manner used to adopt the
Compact within four years of the date of adoption of the rule, then such rule
shall have no further force and effect in any member state.

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

D. Prior to promulgation and adoption of a final rule or rules by the
Commission, and at least 30 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 or other publicly accessible platform; and

   2. On the website of each member state physical therapy licensing board or
   other publicly accessible platform or the publication in which each state
   would otherwise publish proposed rules.

E. 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 any written comments.

F. 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.

G. The Commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment if a hearing is requested by:

   1. At least 25 persons;

   2. A state or federal governmental subdivision or agency; or

   3. An association having at least 25 members.

H. If a hearing is held on the proposed rule or amendment, the Commission shall
publish the place, time, and date of the scheduled public hearing. If the
hearing is held via electronic means, the Commission shall publish the mechanism
for access to the electronic hearing.

   1. All persons wishing to be heard at the hearing shall notify the executive
   director of the Commission or other designated member in writing of their
   desire to appear and testify at the hearing not less than five business days
   before the scheduled date of the hearing.

   2. 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.

   3. All hearings shall be recorded. A copy of the recording shall be made
   available on request.

   4. 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.

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. If no written notice of intent to attend the public hearing by interested
parties is received, the Commission may proceed with promulgation of the
proposed rule without a public hearing.

K. The Commission shall, by majority vote of all members, 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.

L. 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 the Compact
and in this section shall be retroactively applied to the rule as soon as
reasonably possible, in no event later than 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 member state funds;

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

   4. Protect public health and safety.

M. The Commission or an authorized committee of 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 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 chair of 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: 2019, c. 300.