§ 2.2-4013. Executive review of proposed and final regulations; changes withsubstantial impact.
A. The Governor shall adopt and publish procedures by executive order forreview of all proposed regulations governed by this chapter by June 30 of theyear in which the Governor takes office. The procedures shall include (i)review by the Attorney General to ensure statutory authority for the proposedregulations; and (ii) examination by the Governor to determine if theproposed regulations are (a) necessary to protect the public health, safetyand welfare and (b) clearly written and easily understandable. The proceduresmay also include review of the proposed regulation by the appropriate CabinetSecretary.
The Governor shall transmit his comments, if any, on a proposed regulation tothe Registrar and the agency no later than fifteen days following thecompletion of the public comment period provided for in § 2.2-4007.03. TheGovernor may recommend amendments or modifications to any regulation thatwould bring that regulation into conformity with statutory authority or stateor federal laws, regulations or judicial decisions.
Not less than fifteen days following the completion of the public commentperiod provided for in § 2.2-4007.03, the agency may (i) adopt the proposedregulation if the Governor has no objection to the regulation; (ii) modifyand adopt the proposed regulation after considering and incorporating theGovernor's objections or suggestions, if any; or (iii) adopt the regulationwithout changes despite the Governor's recommendations for change.
B. Upon final adoption of the regulation, the agency shall forward a copy ofthe regulation to the Registrar of Regulations for publication as soon aspracticable in the Register. All changes to the proposed regulation shall behighlighted in the final regulation, and substantial changes to the proposedregulation shall be explained in the final regulation.
C. If the Governor finds that one or more changes with substantial impacthave been made to the proposed regulation, he may require the agency toprovide an additional thirty days to solicit additional public comment on thechanges by transmitting notice of the additional public comment period to theagency and to the Registrar within the thirty-day adoption period describedin subsection D, and publishing the notice in the Register. The additionalpublic comment period required by the Governor shall begin upon publicationof the notice in the Register.
D. A thirty-day final adoption period for regulations shall commence upon thepublication of the final regulation in the Register. The Governor may reviewthe final regulation during this thirty-day final adoption period and if heobjects to any portion or all of a regulation, the Governor may file a formalobjection to the regulation, suspend the effective date of the regulation inaccordance with subsection B of § 2.2-4014, or both.
If the Governor files a formal objection to the regulation, he shall forwardhis objections to the Registrar and agency prior to the conclusion of thethirty-day final adoption period. The Governor shall be deemed to haveacquiesced to a promulgated regulation if he fails to object to it or if hefails to suspend the effective date of the regulation in accordance withsubsection B of § 2.2-4014 during the thirty-day final adoption period. TheGovernor's objection, or the suspension of the regulation, or both ifapplicable, shall be published in the Register.
A regulation shall become effective as provided in § 2.2-4015.
E. This section shall not apply to the issuance by the State Air PollutionControl Board of variances to its regulations.
(1984, c. 5, § 9-6.14:9.1; 1993, cc. 551, 772, 898; 1995, cc. 25, 736; 2001,c. 844; 2007, cc. 873, 916.)
§ 2.2-4013. Executive review of proposed and final regulations; changes withsubstantial impact.
A. The Governor shall adopt and publish procedures by executive order forreview of all proposed regulations governed by this chapter by June 30 of theyear in which the Governor takes office. The procedures shall include (i)review by the Attorney General to ensure statutory authority for the proposedregulations; and (ii) examination by the Governor to determine if theproposed regulations are (a) necessary to protect the public health, safetyand welfare and (b) clearly written and easily understandable. The proceduresmay also include review of the proposed regulation by the appropriate CabinetSecretary.
The Governor shall transmit his comments, if any, on a proposed regulation tothe Registrar and the agency no later than fifteen days following thecompletion of the public comment period provided for in § 2.2-4007.03. TheGovernor may recommend amendments or modifications to any regulation thatwould bring that regulation into conformity with statutory authority or stateor federal laws, regulations or judicial decisions.
Not less than fifteen days following the completion of the public commentperiod provided for in § 2.2-4007.03, the agency may (i) adopt the proposedregulation if the Governor has no objection to the regulation; (ii) modifyand adopt the proposed regulation after considering and incorporating theGovernor's objections or suggestions, if any; or (iii) adopt the regulationwithout changes despite the Governor's recommendations for change.
B. Upon final adoption of the regulation, the agency shall forward a copy ofthe regulation to the Registrar of Regulations for publication as soon aspracticable in the Register. All changes to the proposed regulation shall behighlighted in the final regulation, and substantial changes to the proposedregulation shall be explained in the final regulation.
C. If the Governor finds that one or more changes with substantial impacthave been made to the proposed regulation, he may require the agency toprovide an additional thirty days to solicit additional public comment on thechanges by transmitting notice of the additional public comment period to theagency and to the Registrar within the thirty-day adoption period describedin subsection D, and publishing the notice in the Register. The additionalpublic comment period required by the Governor shall begin upon publicationof the notice in the Register.
D. A thirty-day final adoption period for regulations shall commence upon thepublication of the final regulation in the Register. The Governor may reviewthe final regulation during this thirty-day final adoption period and if heobjects to any portion or all of a regulation, the Governor may file a formalobjection to the regulation, suspend the effective date of the regulation inaccordance with subsection B of § 2.2-4014, or both.
If the Governor files a formal objection to the regulation, he shall forwardhis objections to the Registrar and agency prior to the conclusion of thethirty-day final adoption period. The Governor shall be deemed to haveacquiesced to a promulgated regulation if he fails to object to it or if hefails to suspend the effective date of the regulation in accordance withsubsection B of § 2.2-4014 during the thirty-day final adoption period. TheGovernor's objection, or the suspension of the regulation, or both ifapplicable, shall be published in the Register.
A regulation shall become effective as provided in § 2.2-4015.
E. This section shall not apply to the issuance by the State Air PollutionControl Board of variances to its regulations.
(1984, c. 5, § 9-6.14:9.1; 1993, cc. 551, 772, 898; 1995, cc. 25, 736; 2001,c. 844; 2007, cc. 873, 916.)
§ 2.2-4013. Executive review of proposed and final regulations; changes withsubstantial impact.
A. The Governor shall adopt and publish procedures by executive order forreview of all proposed regulations governed by this chapter by June 30 of theyear in which the Governor takes office. The procedures shall include (i)review by the Attorney General to ensure statutory authority for the proposedregulations; and (ii) examination by the Governor to determine if theproposed regulations are (a) necessary to protect the public health, safetyand welfare and (b) clearly written and easily understandable. The proceduresmay also include review of the proposed regulation by the appropriate CabinetSecretary.
The Governor shall transmit his comments, if any, on a proposed regulation tothe Registrar and the agency no later than fifteen days following thecompletion of the public comment period provided for in § 2.2-4007.03. TheGovernor may recommend amendments or modifications to any regulation thatwould bring that regulation into conformity with statutory authority or stateor federal laws, regulations or judicial decisions.
Not less than fifteen days following the completion of the public commentperiod provided for in § 2.2-4007.03, the agency may (i) adopt the proposedregulation if the Governor has no objection to the regulation; (ii) modifyand adopt the proposed regulation after considering and incorporating theGovernor's objections or suggestions, if any; or (iii) adopt the regulationwithout changes despite the Governor's recommendations for change.
B. Upon final adoption of the regulation, the agency shall forward a copy ofthe regulation to the Registrar of Regulations for publication as soon aspracticable in the Register. All changes to the proposed regulation shall behighlighted in the final regulation, and substantial changes to the proposedregulation shall be explained in the final regulation.
C. If the Governor finds that one or more changes with substantial impacthave been made to the proposed regulation, he may require the agency toprovide an additional thirty days to solicit additional public comment on thechanges by transmitting notice of the additional public comment period to theagency and to the Registrar within the thirty-day adoption period describedin subsection D, and publishing the notice in the Register. The additionalpublic comment period required by the Governor shall begin upon publicationof the notice in the Register.
D. A thirty-day final adoption period for regulations shall commence upon thepublication of the final regulation in the Register. The Governor may reviewthe final regulation during this thirty-day final adoption period and if heobjects to any portion or all of a regulation, the Governor may file a formalobjection to the regulation, suspend the effective date of the regulation inaccordance with subsection B of § 2.2-4014, or both.
If the Governor files a formal objection to the regulation, he shall forwardhis objections to the Registrar and agency prior to the conclusion of thethirty-day final adoption period. The Governor shall be deemed to haveacquiesced to a promulgated regulation if he fails to object to it or if hefails to suspend the effective date of the regulation in accordance withsubsection B of § 2.2-4014 during the thirty-day final adoption period. TheGovernor's objection, or the suspension of the regulation, or both ifapplicable, shall be published in the Register.
A regulation shall become effective as provided in § 2.2-4015.
E. This section shall not apply to the issuance by the State Air PollutionControl Board of variances to its regulations.
(1984, c. 5, § 9-6.14:9.1; 1993, cc. 551, 772, 898; 1995, cc. 25, 736; 2001,c. 844; 2007, cc. 873, 916.)
