State Codes and Statutes

Statutes > Virginia > Title-2-2 > Chapter-40 > 2-2-4012

§ 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar ofRegulations.

A. The purpose of the regulatory procedures shall be to provide a regulatoryplan that is predictable, based on measurable and anticipated outcomes, andis inclined toward conflict resolution.

B. Subject to the provisions of §§ 2.2-4013 and 2.2-4014, all regulations,including those that agencies, pursuant to § 2.2-4002, 2.2-4006, or 2.2-4011,may elect to dispense with the public procedures provided by §§ 2.2-4007.01and 2.2-4009, may be formally and finally adopted by the signed order of theagency so stating. No regulation except an emergency regulation or anoncontroversial regulation promulgated pursuant to § 2.2-4012.1 shall beeffective until the expiration of the applicable period as provided in §2.2-4015. In the case of an emergency regulation filed in accordance with §2.2-4011, the regulation shall become effective upon its adoption and filingwith the Registrar of Regulations, unless a later date is specified. Theoriginals of all regulations shall remain in the custody of the agency aspublic records subject to judicial notice by all courts and agencies. They,or facsimiles thereof, shall be made available for public inspection orcopying. Full and true copies shall also be additionally filed, registered,published, or otherwise made publicly available as required by other laws.

C. Prior to the publication for hearing of a proposed regulation, copies ofthe regulation and copies of the summary and statement as to the basis,purpose, substance, issues, and the economic impact estimate of theregulation submitted by the Department of Planning and Budget and theagency's response thereto as required by § 2.2-4007.04 shall be transmittedto the Registrar of Regulations, who shall retain these documents.

D. All regulations adopted pursuant to this chapter shall contain a citationto the section of the Code of Virginia that authorizes or requires theregulations and, where the regulations are required to conform to federal lawor regulation in order to be valid, a citation to the specific federal law orregulation to which conformity is required.

E. Immediately upon the adoption by any agency of any regulation in finalform, a copy of (i) the regulation, (ii) a then current summary and statementas to the basis, purpose, substance, issues, and the economic impact estimateof the regulation submitted by the Department of Planning and Budget, and(iii) the agency's summary description of the nature of the oral and writtendata, views, or arguments presented during the public proceedings and theagency's comments thereon shall be transmitted to the Registrar ofRegulations, who shall retain these documents as permanent records and makethem available for public inspection. A draft of the agency's summarydescription of public comment shall be sent by the agency to all publiccommenters on the proposed regulation at least five days before finaladoption of the regulation.

(1975, c. 503, § 9-6.14:9; 1977, cc. 450, 459; 1981, c. 387; 1982, c. 425;1983, c. 295; 1984, c. 5; 1989, c. 71; 1992, c. 829; 1993, c. 898; 1994, c.938; 2001, c. 844; 2003, c. 224; 2007, cc. 873, 916.)

State Codes and Statutes

Statutes > Virginia > Title-2-2 > Chapter-40 > 2-2-4012

§ 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar ofRegulations.

A. The purpose of the regulatory procedures shall be to provide a regulatoryplan that is predictable, based on measurable and anticipated outcomes, andis inclined toward conflict resolution.

B. Subject to the provisions of §§ 2.2-4013 and 2.2-4014, all regulations,including those that agencies, pursuant to § 2.2-4002, 2.2-4006, or 2.2-4011,may elect to dispense with the public procedures provided by §§ 2.2-4007.01and 2.2-4009, may be formally and finally adopted by the signed order of theagency so stating. No regulation except an emergency regulation or anoncontroversial regulation promulgated pursuant to § 2.2-4012.1 shall beeffective until the expiration of the applicable period as provided in §2.2-4015. In the case of an emergency regulation filed in accordance with §2.2-4011, the regulation shall become effective upon its adoption and filingwith the Registrar of Regulations, unless a later date is specified. Theoriginals of all regulations shall remain in the custody of the agency aspublic records subject to judicial notice by all courts and agencies. They,or facsimiles thereof, shall be made available for public inspection orcopying. Full and true copies shall also be additionally filed, registered,published, or otherwise made publicly available as required by other laws.

C. Prior to the publication for hearing of a proposed regulation, copies ofthe regulation and copies of the summary and statement as to the basis,purpose, substance, issues, and the economic impact estimate of theregulation submitted by the Department of Planning and Budget and theagency's response thereto as required by § 2.2-4007.04 shall be transmittedto the Registrar of Regulations, who shall retain these documents.

D. All regulations adopted pursuant to this chapter shall contain a citationto the section of the Code of Virginia that authorizes or requires theregulations and, where the regulations are required to conform to federal lawor regulation in order to be valid, a citation to the specific federal law orregulation to which conformity is required.

E. Immediately upon the adoption by any agency of any regulation in finalform, a copy of (i) the regulation, (ii) a then current summary and statementas to the basis, purpose, substance, issues, and the economic impact estimateof the regulation submitted by the Department of Planning and Budget, and(iii) the agency's summary description of the nature of the oral and writtendata, views, or arguments presented during the public proceedings and theagency's comments thereon shall be transmitted to the Registrar ofRegulations, who shall retain these documents as permanent records and makethem available for public inspection. A draft of the agency's summarydescription of public comment shall be sent by the agency to all publiccommenters on the proposed regulation at least five days before finaladoption of the regulation.

(1975, c. 503, § 9-6.14:9; 1977, cc. 450, 459; 1981, c. 387; 1982, c. 425;1983, c. 295; 1984, c. 5; 1989, c. 71; 1992, c. 829; 1993, c. 898; 1994, c.938; 2001, c. 844; 2003, c. 224; 2007, cc. 873, 916.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-2-2 > Chapter-40 > 2-2-4012

§ 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar ofRegulations.

A. The purpose of the regulatory procedures shall be to provide a regulatoryplan that is predictable, based on measurable and anticipated outcomes, andis inclined toward conflict resolution.

B. Subject to the provisions of §§ 2.2-4013 and 2.2-4014, all regulations,including those that agencies, pursuant to § 2.2-4002, 2.2-4006, or 2.2-4011,may elect to dispense with the public procedures provided by §§ 2.2-4007.01and 2.2-4009, may be formally and finally adopted by the signed order of theagency so stating. No regulation except an emergency regulation or anoncontroversial regulation promulgated pursuant to § 2.2-4012.1 shall beeffective until the expiration of the applicable period as provided in §2.2-4015. In the case of an emergency regulation filed in accordance with §2.2-4011, the regulation shall become effective upon its adoption and filingwith the Registrar of Regulations, unless a later date is specified. Theoriginals of all regulations shall remain in the custody of the agency aspublic records subject to judicial notice by all courts and agencies. They,or facsimiles thereof, shall be made available for public inspection orcopying. Full and true copies shall also be additionally filed, registered,published, or otherwise made publicly available as required by other laws.

C. Prior to the publication for hearing of a proposed regulation, copies ofthe regulation and copies of the summary and statement as to the basis,purpose, substance, issues, and the economic impact estimate of theregulation submitted by the Department of Planning and Budget and theagency's response thereto as required by § 2.2-4007.04 shall be transmittedto the Registrar of Regulations, who shall retain these documents.

D. All regulations adopted pursuant to this chapter shall contain a citationto the section of the Code of Virginia that authorizes or requires theregulations and, where the regulations are required to conform to federal lawor regulation in order to be valid, a citation to the specific federal law orregulation to which conformity is required.

E. Immediately upon the adoption by any agency of any regulation in finalform, a copy of (i) the regulation, (ii) a then current summary and statementas to the basis, purpose, substance, issues, and the economic impact estimateof the regulation submitted by the Department of Planning and Budget, and(iii) the agency's summary description of the nature of the oral and writtendata, views, or arguments presented during the public proceedings and theagency's comments thereon shall be transmitted to the Registrar ofRegulations, who shall retain these documents as permanent records and makethem available for public inspection. A draft of the agency's summarydescription of public comment shall be sent by the agency to all publiccommenters on the proposed regulation at least five days before finaladoption of the regulation.

(1975, c. 503, § 9-6.14:9; 1977, cc. 450, 459; 1981, c. 387; 1982, c. 425;1983, c. 295; 1984, c. 5; 1989, c. 71; 1992, c. 829; 1993, c. 898; 1994, c.938; 2001, c. 844; 2003, c. 224; 2007, cc. 873, 916.)