A. Regulations that an agency finds are necessitated by an emergencysituation may be adopted by an agency upon consultation with the AttorneyGeneral, which approval shall be granted only after the agency has submitteda request stating in writing the nature of the emergency, and the necessityfor such action shall be at the sole discretion of the Governor.
B. Agencies may also adopt emergency regulations in situations in whichVirginia statutory law or the appropriation act or federal law or federalregulation requires that a regulation be effective in 280 days or less fromits enactment, and the regulation is not exempt under the provisions ofsubdivision A. 4. of § 2.2-4006. In such cases, the agency shall state inwriting the nature of the emergency and of the necessity for such action andmay adopt the regulations. Pursuant to § 2.2-4012, such regulations shallbecome effective upon approval by the Governor and filing with the Registrarof Regulations.
C. All emergency regulations shall be limited to no more than twelve monthsin duration. During the twelve-month period, an agency may issue additionalemergency regulations as needed addressing the subject matter of the initialemergency regulation, but any such additional emergency regulations shall notbe effective beyond the twelve-month period from the effective date of theinitial emergency regulation. If the agency wishes to continue regulating thesubject matter governed by the emergency regulation beyond the twelve-monthlimitation, a regulation to replace the emergency regulation shall bepromulgated in accordance with this article. The Notice of IntendedRegulatory Action to promulgate a replacement regulation shall be filed withthe Registrar within sixty days of the effective date of the emergencyregulation and published as soon as practicable, and the proposed replacementregulation shall be filed with the Registrar within 180 days after theeffective date of the emergency regulation and published as soon aspracticable.
D. In the event that an agency concludes that despite its best efforts, areplacement regulation cannot be adopted before expiration of the 12-monthperiod described in subsection C, it may seek the prior written approval ofthe Governor to extend the duration of the emergency regulation for a periodof not more than six additional months. Any such request must be submitted tothe Governor at least 30 days prior to the scheduled expiration of theemergency regulation and shall include a description of the agency's effortsto adopt a replacement regulation together with the reasons that areplacement regulation cannot be adopted before the expiration of theemergency regulation. Upon approval of the Governor, the duration of theemergency regulation shall be extended for a period of no more than sixmonths. Such approval shall be in the sole discretion of the Governor andshall not be subject to judicial review. Agencies shall notify the Registrarof Regulations of the new expiration date of the emergency regulation as soonas practicable.
E. Emergency regulations shall be published as soon as practicable in theRegister.
F. The Regulations of the Marine Resources Commission shall be excluded fromthe provisions of this section.
(1975, c. 503, § 9-6.14:9; 1977, cc. 450, 459; 1981, c. 387; 1982, c. 425;1983, c. 295; 1984, c. 5; 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, 71, 299, 478;1990, cc. 721, 968; 1991, cc. 80, 294, 344; 1992, cc. 200, 409, 488, 592,793, 829; 1993, cc. 537, 669, 898; 1994, cc. 237, 577, 649, 740, 743, 801,938; 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, c. 844;2007, cc. 873, 916.)
A. Regulations that an agency finds are necessitated by an emergencysituation may be adopted by an agency upon consultation with the AttorneyGeneral, which approval shall be granted only after the agency has submitteda request stating in writing the nature of the emergency, and the necessityfor such action shall be at the sole discretion of the Governor.
B. Agencies may also adopt emergency regulations in situations in whichVirginia statutory law or the appropriation act or federal law or federalregulation requires that a regulation be effective in 280 days or less fromits enactment, and the regulation is not exempt under the provisions ofsubdivision A. 4. of § 2.2-4006. In such cases, the agency shall state inwriting the nature of the emergency and of the necessity for such action andmay adopt the regulations. Pursuant to § 2.2-4012, such regulations shallbecome effective upon approval by the Governor and filing with the Registrarof Regulations.
C. All emergency regulations shall be limited to no more than twelve monthsin duration. During the twelve-month period, an agency may issue additionalemergency regulations as needed addressing the subject matter of the initialemergency regulation, but any such additional emergency regulations shall notbe effective beyond the twelve-month period from the effective date of theinitial emergency regulation. If the agency wishes to continue regulating thesubject matter governed by the emergency regulation beyond the twelve-monthlimitation, a regulation to replace the emergency regulation shall bepromulgated in accordance with this article. The Notice of IntendedRegulatory Action to promulgate a replacement regulation shall be filed withthe Registrar within sixty days of the effective date of the emergencyregulation and published as soon as practicable, and the proposed replacementregulation shall be filed with the Registrar within 180 days after theeffective date of the emergency regulation and published as soon aspracticable.
D. In the event that an agency concludes that despite its best efforts, areplacement regulation cannot be adopted before expiration of the 12-monthperiod described in subsection C, it may seek the prior written approval ofthe Governor to extend the duration of the emergency regulation for a periodof not more than six additional months. Any such request must be submitted tothe Governor at least 30 days prior to the scheduled expiration of theemergency regulation and shall include a description of the agency's effortsto adopt a replacement regulation together with the reasons that areplacement regulation cannot be adopted before the expiration of theemergency regulation. Upon approval of the Governor, the duration of theemergency regulation shall be extended for a period of no more than sixmonths. Such approval shall be in the sole discretion of the Governor andshall not be subject to judicial review. Agencies shall notify the Registrarof Regulations of the new expiration date of the emergency regulation as soonas practicable.
E. Emergency regulations shall be published as soon as practicable in theRegister.
F. The Regulations of the Marine Resources Commission shall be excluded fromthe provisions of this section.
(1975, c. 503, § 9-6.14:9; 1977, cc. 450, 459; 1981, c. 387; 1982, c. 425;1983, c. 295; 1984, c. 5; 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, 71, 299, 478;1990, cc. 721, 968; 1991, cc. 80, 294, 344; 1992, cc. 200, 409, 488, 592,793, 829; 1993, cc. 537, 669, 898; 1994, cc. 237, 577, 649, 740, 743, 801,938; 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, c. 844;2007, cc. 873, 916.)
A. Regulations that an agency finds are necessitated by an emergencysituation may be adopted by an agency upon consultation with the AttorneyGeneral, which approval shall be granted only after the agency has submitteda request stating in writing the nature of the emergency, and the necessityfor such action shall be at the sole discretion of the Governor.
B. Agencies may also adopt emergency regulations in situations in whichVirginia statutory law or the appropriation act or federal law or federalregulation requires that a regulation be effective in 280 days or less fromits enactment, and the regulation is not exempt under the provisions ofsubdivision A. 4. of § 2.2-4006. In such cases, the agency shall state inwriting the nature of the emergency and of the necessity for such action andmay adopt the regulations. Pursuant to § 2.2-4012, such regulations shallbecome effective upon approval by the Governor and filing with the Registrarof Regulations.
C. All emergency regulations shall be limited to no more than twelve monthsin duration. During the twelve-month period, an agency may issue additionalemergency regulations as needed addressing the subject matter of the initialemergency regulation, but any such additional emergency regulations shall notbe effective beyond the twelve-month period from the effective date of theinitial emergency regulation. If the agency wishes to continue regulating thesubject matter governed by the emergency regulation beyond the twelve-monthlimitation, a regulation to replace the emergency regulation shall bepromulgated in accordance with this article. The Notice of IntendedRegulatory Action to promulgate a replacement regulation shall be filed withthe Registrar within sixty days of the effective date of the emergencyregulation and published as soon as practicable, and the proposed replacementregulation shall be filed with the Registrar within 180 days after theeffective date of the emergency regulation and published as soon aspracticable.
D. In the event that an agency concludes that despite its best efforts, areplacement regulation cannot be adopted before expiration of the 12-monthperiod described in subsection C, it may seek the prior written approval ofthe Governor to extend the duration of the emergency regulation for a periodof not more than six additional months. Any such request must be submitted tothe Governor at least 30 days prior to the scheduled expiration of theemergency regulation and shall include a description of the agency's effortsto adopt a replacement regulation together with the reasons that areplacement regulation cannot be adopted before the expiration of theemergency regulation. Upon approval of the Governor, the duration of theemergency regulation shall be extended for a period of no more than sixmonths. Such approval shall be in the sole discretion of the Governor andshall not be subject to judicial review. Agencies shall notify the Registrarof Regulations of the new expiration date of the emergency regulation as soonas practicable.
E. Emergency regulations shall be published as soon as practicable in theRegister.
F. The Regulations of the Marine Resources Commission shall be excluded fromthe provisions of this section.
(1975, c. 503, § 9-6.14:9; 1977, cc. 450, 459; 1981, c. 387; 1982, c. 425;1983, c. 295; 1984, c. 5; 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, 71, 299, 478;1990, cc. 721, 968; 1991, cc. 80, 294, 344; 1992, cc. 200, 409, 488, 592,793, 829; 1993, cc. 537, 669, 898; 1994, cc. 237, 577, 649, 740, 743, 801,938; 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, c. 844;2007, cc. 873, 916.)
