A. Although required to comply with § 2.2-4103 of the Virginia Register Act(§ 2.2-4100 et seq.), the following agencies shall be exempted from theprovisions of this chapter, except to the extent that they are specificallymade subject to §§ 2.2-4024, 2.2-4030 and 2.2-4031:
1. The General Assembly.
2. Courts, any agency of the Supreme Court, and any agency that by theConstitution is expressly granted any of the powers of a court of record.
3. The Department of Game and Inland Fisheries in promulgating regulationsregarding the management of wildlife and for all case decisions renderedpursuant to any provisions of Chapters 2 (§ 29.1-200 et seq.), 3 (§ 29.1-300et seq.), 4 (§ 29.1-400 et seq.), 5 (§ 29.1-500 et seq.), and 7 (§ 29.1-700et seq.) of Title 29.1.
4. The Virginia Housing Development Authority.
5. Municipal corporations, counties, and all local, regional ormultijurisdictional authorities created under this Code, including those withfederal authorities.
6. Educational institutions operated by the Commonwealth, provided that, withrespect to § 2.2-4031, such educational institutions shall be exempt from thepublication requirements only with respect to regulations that pertain to (i)their academic affairs, (ii) the selection, tenure, promotion anddisciplining of faculty and employees, (iii) the selection of students, and(iv) rules of conduct and disciplining of students.
7. The Milk Commission in promulgating regulations regarding (i) producers'licenses and bases, (ii) classification and allocation of milk, computationof sales and shrinkage, and (iii) class prices for producers' milk, time andmethod of payment, butterfat testing and differential.
8. The Virginia Resources Authority.
9. Agencies expressly exempted by any other provision of this Code.
10. The Department of General Services in promulgating standards for theinspection of buildings for asbestos pursuant to § 2.2-1164.
11. The State Council of Higher Education for Virginia, in developing,issuing, and revising guidelines pursuant to § 23-9.6:2.
12. The Commissioner of Agriculture and Consumer Services in adoptingregulations pursuant to subsection B of § 3.2-6002 and in adoptingregulations pursuant to § 3.2-6023.
13. The Commissioner of Agriculture and Consumer Services and the Board ofAgriculture and Consumer Services in promulgating regulations pursuant tosubsections B and D of § 3.2-3601, subsection B of § 3.2-3701, § 3.2-4002,subsections B and D of § 3.2-4801, §§ 3.2-5121 and 3.2-5206, and subsection Aof § 3.2-5406.
14. The Board of Optometry when specifying therapeutic pharmaceutical agents,treatment guidelines, and diseases and abnormal conditions of the human eyeand its adnexa for TPA-certification of optometrists pursuant to Article 5 (§54.1-3222 et seq.) of Chapter 32 of Title 54.1.
15. The Virginia War Memorial Foundation.
16. The State Board of Education, in developing, issuing, and revisingguidelines pursuant to § 22.1-203.2.
17. The Virginia Racing Commission, (i) when acting by and through its dulyappointed stewards or in matters related to any specific race meeting or (ii)in promulgating technical rules regulating actual live horse racing at racemeetings licensed by the Commission.
18. The Virginia Small Business Financing Authority.
19. The Virginia Economic Development Partnership Authority.
20. The Board of Agriculture and Consumer Services in adopting, amending orrepealing regulations pursuant to subsection A (ii) of § 59.1-156.
21. The Insurance Continuing Education Board pursuant to § 38.2-1867.
22. The Board of Health in promulgating the list of diseases that shall bereported to the Department of Health pursuant to § 32.1-35 and in adopting,amending or repealing regulations pursuant to subsection C of § 35.1-14 thatincorporate the Food and Drug Administration's Food Code pertaining torestaurants or food service.
23. (Expires January 1, 2014) The Secretary of Natural Resources in setting adate of closure for the Chesapeake Bay purse seine fishery for Atlanticmenhaden for reduction purposes pursuant to § 28.2-1000.2.
24. The Board of Pharmacy when specifying special subject requirements forcontinuing education for pharmacists pursuant to § 54.1-3314.1.
B. Agency action relating to the following subjects shall be exempted fromthe provisions of this chapter:
1. Money or damage claims against the Commonwealth or agencies thereof.
2. The award or denial of state contracts, as well as decisions regardingcompliance therewith.
3. The location, design, specifications or construction of public buildingsor other facilities.
4. Grants of state or federal funds or property.
5. The chartering of corporations.
6. Customary military, militia, naval or police functions.
7. The selection, tenure, dismissal, direction or control of any officer oremployee of an agency of the Commonwealth.
8. The conduct of elections or eligibility to vote.
9. Inmates of prisons or other such facilities or parolees therefrom.
10. The custody of persons in, or sought to be placed in, mental, penal orother state institutions as well as the treatment, supervision, or dischargeof such persons.
11. Traffic signs, markers or control devices.
12. Instructions for application or renewal of a license, certificate, orregistration required by law.
13. Content of, or rules for the conduct of, any examination required by law.
14. The administration of pools authorized by Chapter 47 (§ 2.2-4700 et seq.)of this title.
15. Any rules for the conduct of specific lottery games, so long as suchrules are not inconsistent with duly adopted regulations of the State LotteryBoard, and provided that such regulations are published and posted.
16. Orders condemning or closing any shellfish, finfish, or crustacea growingarea and the shellfish, finfish or crustacea located thereon pursuant toArticle 2 (§ 28.2-803 et seq.) of Chapter 8 of Title 28.2.
17. Any operating procedures for review of child deaths developed by theState Child Fatality Review Team pursuant to § 32.1-283.1.
18. The regulations for the implementation of the Health Practitioners'Monitoring Program and the activities of the Health Practitioners' MonitoringProgram Committee pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title54.1.
19. The process of reviewing and ranking grant applications submitted to theCommonwealth Neurotrauma Initiative Advisory Board pursuant to Chapter 3.1 (§51.5-12.1 et seq.) of Title 51.5.
20. Loans from the Small Business Environmental Compliance Assistance Fundpursuant to Article 4 (§ 10.1-1197.1 et seq.) of Chapter 11.1 of Title 10.1.
21. The Virginia Breeders Fund created pursuant to § 59.1-372.
22. The types of pari-mutuel wagering pools available for live or simulcasthorse racing.
23. The administration of medication or other substances foreign to thenatural horse.
C. Minor changes to regulations published in the Virginia Administrative Codeunder the Virginia Register Act, Chapter 41 (§ 2.2-4100 et seq.) of thistitle, made by the Virginia Code Commission pursuant to § 30-150, shall beexempt from the provisions of this chapter.
(1985, c. 602, § 9-6.14:4.1; 1986, c. 615; 1987, cc. 375, 652; 1988, cc. 364,424, 498, 723, 765, 820; 1989, cc. 54, 299, 478; 1990, cc. 721, 968; 1991,cc. 80, 294, 344; 1992, cc. 200, 409, 488, 592, 793; 1993, cc. 537, 669, 898;1994, cc. 237, 577, 649, 740, 743, 801; 1995, cc. 103, 499, 516; 1996, cc.51, 152, 158, 189, 205, 279, 320, 345, 573, 590, 598, 638, 705, 735, 818,1012; 1997, cc. 87, 88, 109, 212, 390, 439, 567, 624, 785, 806, 845, 850,861, 868; 1998, cc. 39, 619, 784; 1999, cc. 412, 421, 433, 603; 2000, cc.382, 400, 924, 1011; 2001, cc. 465, 523, 688, 820, 844; 2003, cc. 639, 695;2004, c. 802; 2006, c. 442; 2007, cc. 41, 870, 932; 2008, c. 672; 2009, c.472; 2010, cc. 65, 178, 480, 728.)
A. Although required to comply with § 2.2-4103 of the Virginia Register Act(§ 2.2-4100 et seq.), the following agencies shall be exempted from theprovisions of this chapter, except to the extent that they are specificallymade subject to §§ 2.2-4024, 2.2-4030 and 2.2-4031:
1. The General Assembly.
2. Courts, any agency of the Supreme Court, and any agency that by theConstitution is expressly granted any of the powers of a court of record.
3. The Department of Game and Inland Fisheries in promulgating regulationsregarding the management of wildlife and for all case decisions renderedpursuant to any provisions of Chapters 2 (§ 29.1-200 et seq.), 3 (§ 29.1-300et seq.), 4 (§ 29.1-400 et seq.), 5 (§ 29.1-500 et seq.), and 7 (§ 29.1-700et seq.) of Title 29.1.
4. The Virginia Housing Development Authority.
5. Municipal corporations, counties, and all local, regional ormultijurisdictional authorities created under this Code, including those withfederal authorities.
6. Educational institutions operated by the Commonwealth, provided that, withrespect to § 2.2-4031, such educational institutions shall be exempt from thepublication requirements only with respect to regulations that pertain to (i)their academic affairs, (ii) the selection, tenure, promotion anddisciplining of faculty and employees, (iii) the selection of students, and(iv) rules of conduct and disciplining of students.
7. The Milk Commission in promulgating regulations regarding (i) producers'licenses and bases, (ii) classification and allocation of milk, computationof sales and shrinkage, and (iii) class prices for producers' milk, time andmethod of payment, butterfat testing and differential.
8. The Virginia Resources Authority.
9. Agencies expressly exempted by any other provision of this Code.
10. The Department of General Services in promulgating standards for theinspection of buildings for asbestos pursuant to § 2.2-1164.
11. The State Council of Higher Education for Virginia, in developing,issuing, and revising guidelines pursuant to § 23-9.6:2.
12. The Commissioner of Agriculture and Consumer Services in adoptingregulations pursuant to subsection B of § 3.2-6002 and in adoptingregulations pursuant to § 3.2-6023.
13. The Commissioner of Agriculture and Consumer Services and the Board ofAgriculture and Consumer Services in promulgating regulations pursuant tosubsections B and D of § 3.2-3601, subsection B of § 3.2-3701, § 3.2-4002,subsections B and D of § 3.2-4801, §§ 3.2-5121 and 3.2-5206, and subsection Aof § 3.2-5406.
14. The Board of Optometry when specifying therapeutic pharmaceutical agents,treatment guidelines, and diseases and abnormal conditions of the human eyeand its adnexa for TPA-certification of optometrists pursuant to Article 5 (§54.1-3222 et seq.) of Chapter 32 of Title 54.1.
15. The Virginia War Memorial Foundation.
16. The State Board of Education, in developing, issuing, and revisingguidelines pursuant to § 22.1-203.2.
17. The Virginia Racing Commission, (i) when acting by and through its dulyappointed stewards or in matters related to any specific race meeting or (ii)in promulgating technical rules regulating actual live horse racing at racemeetings licensed by the Commission.
18. The Virginia Small Business Financing Authority.
19. The Virginia Economic Development Partnership Authority.
20. The Board of Agriculture and Consumer Services in adopting, amending orrepealing regulations pursuant to subsection A (ii) of § 59.1-156.
21. The Insurance Continuing Education Board pursuant to § 38.2-1867.
22. The Board of Health in promulgating the list of diseases that shall bereported to the Department of Health pursuant to § 32.1-35 and in adopting,amending or repealing regulations pursuant to subsection C of § 35.1-14 thatincorporate the Food and Drug Administration's Food Code pertaining torestaurants or food service.
23. (Expires January 1, 2014) The Secretary of Natural Resources in setting adate of closure for the Chesapeake Bay purse seine fishery for Atlanticmenhaden for reduction purposes pursuant to § 28.2-1000.2.
24. The Board of Pharmacy when specifying special subject requirements forcontinuing education for pharmacists pursuant to § 54.1-3314.1.
B. Agency action relating to the following subjects shall be exempted fromthe provisions of this chapter:
1. Money or damage claims against the Commonwealth or agencies thereof.
2. The award or denial of state contracts, as well as decisions regardingcompliance therewith.
3. The location, design, specifications or construction of public buildingsor other facilities.
4. Grants of state or federal funds or property.
5. The chartering of corporations.
6. Customary military, militia, naval or police functions.
7. The selection, tenure, dismissal, direction or control of any officer oremployee of an agency of the Commonwealth.
8. The conduct of elections or eligibility to vote.
9. Inmates of prisons or other such facilities or parolees therefrom.
10. The custody of persons in, or sought to be placed in, mental, penal orother state institutions as well as the treatment, supervision, or dischargeof such persons.
11. Traffic signs, markers or control devices.
12. Instructions for application or renewal of a license, certificate, orregistration required by law.
13. Content of, or rules for the conduct of, any examination required by law.
14. The administration of pools authorized by Chapter 47 (§ 2.2-4700 et seq.)of this title.
15. Any rules for the conduct of specific lottery games, so long as suchrules are not inconsistent with duly adopted regulations of the State LotteryBoard, and provided that such regulations are published and posted.
16. Orders condemning or closing any shellfish, finfish, or crustacea growingarea and the shellfish, finfish or crustacea located thereon pursuant toArticle 2 (§ 28.2-803 et seq.) of Chapter 8 of Title 28.2.
17. Any operating procedures for review of child deaths developed by theState Child Fatality Review Team pursuant to § 32.1-283.1.
18. The regulations for the implementation of the Health Practitioners'Monitoring Program and the activities of the Health Practitioners' MonitoringProgram Committee pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title54.1.
19. The process of reviewing and ranking grant applications submitted to theCommonwealth Neurotrauma Initiative Advisory Board pursuant to Chapter 3.1 (§51.5-12.1 et seq.) of Title 51.5.
20. Loans from the Small Business Environmental Compliance Assistance Fundpursuant to Article 4 (§ 10.1-1197.1 et seq.) of Chapter 11.1 of Title 10.1.
21. The Virginia Breeders Fund created pursuant to § 59.1-372.
22. The types of pari-mutuel wagering pools available for live or simulcasthorse racing.
23. The administration of medication or other substances foreign to thenatural horse.
C. Minor changes to regulations published in the Virginia Administrative Codeunder the Virginia Register Act, Chapter 41 (§ 2.2-4100 et seq.) of thistitle, made by the Virginia Code Commission pursuant to § 30-150, shall beexempt from the provisions of this chapter.
(1985, c. 602, § 9-6.14:4.1; 1986, c. 615; 1987, cc. 375, 652; 1988, cc. 364,424, 498, 723, 765, 820; 1989, cc. 54, 299, 478; 1990, cc. 721, 968; 1991,cc. 80, 294, 344; 1992, cc. 200, 409, 488, 592, 793; 1993, cc. 537, 669, 898;1994, cc. 237, 577, 649, 740, 743, 801; 1995, cc. 103, 499, 516; 1996, cc.51, 152, 158, 189, 205, 279, 320, 345, 573, 590, 598, 638, 705, 735, 818,1012; 1997, cc. 87, 88, 109, 212, 390, 439, 567, 624, 785, 806, 845, 850,861, 868; 1998, cc. 39, 619, 784; 1999, cc. 412, 421, 433, 603; 2000, cc.382, 400, 924, 1011; 2001, cc. 465, 523, 688, 820, 844; 2003, cc. 639, 695;2004, c. 802; 2006, c. 442; 2007, cc. 41, 870, 932; 2008, c. 672; 2009, c.472; 2010, cc. 65, 178, 480, 728.)
A. Although required to comply with § 2.2-4103 of the Virginia Register Act(§ 2.2-4100 et seq.), the following agencies shall be exempted from theprovisions of this chapter, except to the extent that they are specificallymade subject to §§ 2.2-4024, 2.2-4030 and 2.2-4031:
1. The General Assembly.
2. Courts, any agency of the Supreme Court, and any agency that by theConstitution is expressly granted any of the powers of a court of record.
3. The Department of Game and Inland Fisheries in promulgating regulationsregarding the management of wildlife and for all case decisions renderedpursuant to any provisions of Chapters 2 (§ 29.1-200 et seq.), 3 (§ 29.1-300et seq.), 4 (§ 29.1-400 et seq.), 5 (§ 29.1-500 et seq.), and 7 (§ 29.1-700et seq.) of Title 29.1.
4. The Virginia Housing Development Authority.
5. Municipal corporations, counties, and all local, regional ormultijurisdictional authorities created under this Code, including those withfederal authorities.
6. Educational institutions operated by the Commonwealth, provided that, withrespect to § 2.2-4031, such educational institutions shall be exempt from thepublication requirements only with respect to regulations that pertain to (i)their academic affairs, (ii) the selection, tenure, promotion anddisciplining of faculty and employees, (iii) the selection of students, and(iv) rules of conduct and disciplining of students.
7. The Milk Commission in promulgating regulations regarding (i) producers'licenses and bases, (ii) classification and allocation of milk, computationof sales and shrinkage, and (iii) class prices for producers' milk, time andmethod of payment, butterfat testing and differential.
8. The Virginia Resources Authority.
9. Agencies expressly exempted by any other provision of this Code.
10. The Department of General Services in promulgating standards for theinspection of buildings for asbestos pursuant to § 2.2-1164.
11. The State Council of Higher Education for Virginia, in developing,issuing, and revising guidelines pursuant to § 23-9.6:2.
12. The Commissioner of Agriculture and Consumer Services in adoptingregulations pursuant to subsection B of § 3.2-6002 and in adoptingregulations pursuant to § 3.2-6023.
13. The Commissioner of Agriculture and Consumer Services and the Board ofAgriculture and Consumer Services in promulgating regulations pursuant tosubsections B and D of § 3.2-3601, subsection B of § 3.2-3701, § 3.2-4002,subsections B and D of § 3.2-4801, §§ 3.2-5121 and 3.2-5206, and subsection Aof § 3.2-5406.
14. The Board of Optometry when specifying therapeutic pharmaceutical agents,treatment guidelines, and diseases and abnormal conditions of the human eyeand its adnexa for TPA-certification of optometrists pursuant to Article 5 (§54.1-3222 et seq.) of Chapter 32 of Title 54.1.
15. The Virginia War Memorial Foundation.
16. The State Board of Education, in developing, issuing, and revisingguidelines pursuant to § 22.1-203.2.
17. The Virginia Racing Commission, (i) when acting by and through its dulyappointed stewards or in matters related to any specific race meeting or (ii)in promulgating technical rules regulating actual live horse racing at racemeetings licensed by the Commission.
18. The Virginia Small Business Financing Authority.
19. The Virginia Economic Development Partnership Authority.
20. The Board of Agriculture and Consumer Services in adopting, amending orrepealing regulations pursuant to subsection A (ii) of § 59.1-156.
21. The Insurance Continuing Education Board pursuant to § 38.2-1867.
22. The Board of Health in promulgating the list of diseases that shall bereported to the Department of Health pursuant to § 32.1-35 and in adopting,amending or repealing regulations pursuant to subsection C of § 35.1-14 thatincorporate the Food and Drug Administration's Food Code pertaining torestaurants or food service.
23. (Expires January 1, 2014) The Secretary of Natural Resources in setting adate of closure for the Chesapeake Bay purse seine fishery for Atlanticmenhaden for reduction purposes pursuant to § 28.2-1000.2.
24. The Board of Pharmacy when specifying special subject requirements forcontinuing education for pharmacists pursuant to § 54.1-3314.1.
B. Agency action relating to the following subjects shall be exempted fromthe provisions of this chapter:
1. Money or damage claims against the Commonwealth or agencies thereof.
2. The award or denial of state contracts, as well as decisions regardingcompliance therewith.
3. The location, design, specifications or construction of public buildingsor other facilities.
4. Grants of state or federal funds or property.
5. The chartering of corporations.
6. Customary military, militia, naval or police functions.
7. The selection, tenure, dismissal, direction or control of any officer oremployee of an agency of the Commonwealth.
8. The conduct of elections or eligibility to vote.
9. Inmates of prisons or other such facilities or parolees therefrom.
10. The custody of persons in, or sought to be placed in, mental, penal orother state institutions as well as the treatment, supervision, or dischargeof such persons.
11. Traffic signs, markers or control devices.
12. Instructions for application or renewal of a license, certificate, orregistration required by law.
13. Content of, or rules for the conduct of, any examination required by law.
14. The administration of pools authorized by Chapter 47 (§ 2.2-4700 et seq.)of this title.
15. Any rules for the conduct of specific lottery games, so long as suchrules are not inconsistent with duly adopted regulations of the State LotteryBoard, and provided that such regulations are published and posted.
16. Orders condemning or closing any shellfish, finfish, or crustacea growingarea and the shellfish, finfish or crustacea located thereon pursuant toArticle 2 (§ 28.2-803 et seq.) of Chapter 8 of Title 28.2.
17. Any operating procedures for review of child deaths developed by theState Child Fatality Review Team pursuant to § 32.1-283.1.
18. The regulations for the implementation of the Health Practitioners'Monitoring Program and the activities of the Health Practitioners' MonitoringProgram Committee pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title54.1.
19. The process of reviewing and ranking grant applications submitted to theCommonwealth Neurotrauma Initiative Advisory Board pursuant to Chapter 3.1 (§51.5-12.1 et seq.) of Title 51.5.
20. Loans from the Small Business Environmental Compliance Assistance Fundpursuant to Article 4 (§ 10.1-1197.1 et seq.) of Chapter 11.1 of Title 10.1.
21. The Virginia Breeders Fund created pursuant to § 59.1-372.
22. The types of pari-mutuel wagering pools available for live or simulcasthorse racing.
23. The administration of medication or other substances foreign to thenatural horse.
C. Minor changes to regulations published in the Virginia Administrative Codeunder the Virginia Register Act, Chapter 41 (§ 2.2-4100 et seq.) of thistitle, made by the Virginia Code Commission pursuant to § 30-150, shall beexempt from the provisions of this chapter.
(1985, c. 602, § 9-6.14:4.1; 1986, c. 615; 1987, cc. 375, 652; 1988, cc. 364,424, 498, 723, 765, 820; 1989, cc. 54, 299, 478; 1990, cc. 721, 968; 1991,cc. 80, 294, 344; 1992, cc. 200, 409, 488, 592, 793; 1993, cc. 537, 669, 898;1994, cc. 237, 577, 649, 740, 743, 801; 1995, cc. 103, 499, 516; 1996, cc.51, 152, 158, 189, 205, 279, 320, 345, 573, 590, 598, 638, 705, 735, 818,1012; 1997, cc. 87, 88, 109, 212, 390, 439, 567, 624, 785, 806, 845, 850,861, 868; 1998, cc. 39, 619, 784; 1999, cc. 412, 421, 433, 603; 2000, cc.382, 400, 924, 1011; 2001, cc. 465, 523, 688, 820, 844; 2003, cc. 639, 695;2004, c. 802; 2006, c. 442; 2007, cc. 41, 870, 932; 2008, c. 672; 2009, c.472; 2010, cc. 65, 178, 480, 728.)
