§ 2.2-4015. Effective date of regulation; exception.
A. A regulation adopted in accordance with this chapter and the VirginiaRegister Act (§ 2.2-4100 et seq.) shall become effective at the conclusion ofthe thirty-day final adoption period provided for in subsection D of §2.2-4013, or any other later date specified by the agency, unless:
1. A legislative objection has been filed in accordance with § 2.2-4014, inwhich event the regulation, unless withdrawn by the agency, shall becomeeffective on a date specified by the agency that shall be after theexpiration of the applicable twenty-one-day extension period provided in §2.2-4014;
2. The Governor has exercised his authority in accordance with § 2.2-4013 torequire the agency to provide for additional public comment, in which eventthe regulation, unless withdrawn by the agency, shall become effective on adate specified by the agency that shall be after the period for which theGovernor has provided for additional public comment;
3. The Governor and (i) the appropriate standing committees of each house ofthe General Assembly or (ii) the Joint Commission on Administrative Ruleshave exercised their authority in accordance with subsection B of § 2.2-4014to suspend the effective date of a regulation until the end of the nextregular legislative session; or
4. The agency has suspended the regulatory process in accordance with §2.2-4007.06, or for any reason it deems necessary or appropriate, in whichevent the regulation, unless withdrawn by the agency, shall become effectivein accordance with subsection B.
B. Whenever the regulatory process has been suspended for any reason, anyaction by the agency that either amends the regulation or does not amend theregulation but specifies a new effective date shall be considered areadoption of the regulation for the purposes of appeal. If the regulation issuspended under § 2.2-4007.06, such readoption shall take place after thethirty-day public comment period required by that subsection. Suspension ofthe regulatory process by the agency may occur simultaneously with the filingof final regulations as provided in subsection B of § 2.2-4013.
When a regulation has been suspended, the agency must set the effective dateno earlier than fifteen days from publication of the readoption action andany changes made to the regulation. During that fifteen-day period, if theagency receives requests from at least twenty-five persons for theopportunity to comment on new substantial changes, it shall again suspend theregulation pursuant to § 2.2-4007.06.
C. This section shall not apply to the issuance by the State Air PollutionControl Board of variances to its regulations.
(1984, c. 5, § 9-6.14:9.3; 1993, cc. 551, 772, 898; 1995, c. 25; 2001, c.844; 2002, cc. 391, 677; 2004, c. 777; 2007, cc. 873, 916.)
§ 2.2-4015. Effective date of regulation; exception.
A. A regulation adopted in accordance with this chapter and the VirginiaRegister Act (§ 2.2-4100 et seq.) shall become effective at the conclusion ofthe thirty-day final adoption period provided for in subsection D of §2.2-4013, or any other later date specified by the agency, unless:
1. A legislative objection has been filed in accordance with § 2.2-4014, inwhich event the regulation, unless withdrawn by the agency, shall becomeeffective on a date specified by the agency that shall be after theexpiration of the applicable twenty-one-day extension period provided in §2.2-4014;
2. The Governor has exercised his authority in accordance with § 2.2-4013 torequire the agency to provide for additional public comment, in which eventthe regulation, unless withdrawn by the agency, shall become effective on adate specified by the agency that shall be after the period for which theGovernor has provided for additional public comment;
3. The Governor and (i) the appropriate standing committees of each house ofthe General Assembly or (ii) the Joint Commission on Administrative Ruleshave exercised their authority in accordance with subsection B of § 2.2-4014to suspend the effective date of a regulation until the end of the nextregular legislative session; or
4. The agency has suspended the regulatory process in accordance with §2.2-4007.06, or for any reason it deems necessary or appropriate, in whichevent the regulation, unless withdrawn by the agency, shall become effectivein accordance with subsection B.
B. Whenever the regulatory process has been suspended for any reason, anyaction by the agency that either amends the regulation or does not amend theregulation but specifies a new effective date shall be considered areadoption of the regulation for the purposes of appeal. If the regulation issuspended under § 2.2-4007.06, such readoption shall take place after thethirty-day public comment period required by that subsection. Suspension ofthe regulatory process by the agency may occur simultaneously with the filingof final regulations as provided in subsection B of § 2.2-4013.
When a regulation has been suspended, the agency must set the effective dateno earlier than fifteen days from publication of the readoption action andany changes made to the regulation. During that fifteen-day period, if theagency receives requests from at least twenty-five persons for theopportunity to comment on new substantial changes, it shall again suspend theregulation pursuant to § 2.2-4007.06.
C. This section shall not apply to the issuance by the State Air PollutionControl Board of variances to its regulations.
(1984, c. 5, § 9-6.14:9.3; 1993, cc. 551, 772, 898; 1995, c. 25; 2001, c.844; 2002, cc. 391, 677; 2004, c. 777; 2007, cc. 873, 916.)
§ 2.2-4015. Effective date of regulation; exception.
A. A regulation adopted in accordance with this chapter and the VirginiaRegister Act (§ 2.2-4100 et seq.) shall become effective at the conclusion ofthe thirty-day final adoption period provided for in subsection D of §2.2-4013, or any other later date specified by the agency, unless:
1. A legislative objection has been filed in accordance with § 2.2-4014, inwhich event the regulation, unless withdrawn by the agency, shall becomeeffective on a date specified by the agency that shall be after theexpiration of the applicable twenty-one-day extension period provided in §2.2-4014;
2. The Governor has exercised his authority in accordance with § 2.2-4013 torequire the agency to provide for additional public comment, in which eventthe regulation, unless withdrawn by the agency, shall become effective on adate specified by the agency that shall be after the period for which theGovernor has provided for additional public comment;
3. The Governor and (i) the appropriate standing committees of each house ofthe General Assembly or (ii) the Joint Commission on Administrative Ruleshave exercised their authority in accordance with subsection B of § 2.2-4014to suspend the effective date of a regulation until the end of the nextregular legislative session; or
4. The agency has suspended the regulatory process in accordance with §2.2-4007.06, or for any reason it deems necessary or appropriate, in whichevent the regulation, unless withdrawn by the agency, shall become effectivein accordance with subsection B.
B. Whenever the regulatory process has been suspended for any reason, anyaction by the agency that either amends the regulation or does not amend theregulation but specifies a new effective date shall be considered areadoption of the regulation for the purposes of appeal. If the regulation issuspended under § 2.2-4007.06, such readoption shall take place after thethirty-day public comment period required by that subsection. Suspension ofthe regulatory process by the agency may occur simultaneously with the filingof final regulations as provided in subsection B of § 2.2-4013.
When a regulation has been suspended, the agency must set the effective dateno earlier than fifteen days from publication of the readoption action andany changes made to the regulation. During that fifteen-day period, if theagency receives requests from at least twenty-five persons for theopportunity to comment on new substantial changes, it shall again suspend theregulation pursuant to § 2.2-4007.06.
C. This section shall not apply to the issuance by the State Air PollutionControl Board of variances to its regulations.
(1984, c. 5, § 9-6.14:9.3; 1993, cc. 551, 772, 898; 1995, c. 25; 2001, c.844; 2002, cc. 391, 677; 2004, c. 777; 2007, cc. 873, 916.)
