A. The Joint Legislative Audit and Review Commission shall conduct a review periodically of the exemptions authorized by this chapter. The purpose of this review shall be to assess whether there are any exemptions that should be discontinued or modified.
B. Beginning November 1, 2017, the Joint Commission on Administrative Rules shall conduct a review of the exemptions authorized by this chapter on a schedule established by the Joint Commission on Administrative Rules. The purpose of this review shall be to assess whether any such exemption should be discontinued or modified.
C. Beginning August 1, 2017, each agency having an exemption authorized by this chapter, other than the courts, any agency of the Supreme Court, and any agency that by the Constitution of Virginia is expressly granted any of the powers of a court of record, shall submit a written report to the Joint Commission on Administrative Rules on or before August 1, 2017, which report shall include the date the exemption was enacted, a summary of the necessity for the exemption, and a summary of any rule or regulation adopted pursuant to the exemption in the immediately preceding two fiscal years, if any. Every two years thereafter, each such agency shall submit a written report to the Joint Commission on Administrative Rules that summarizes any rule or regulation adopted pursuant to the exemption in the immediately preceding two fiscal years, if any.
D. In the event that an agency having an exemption authorized by this chapter fails to submit the report required pursuant to subsection C, the Joint Commission on Administrative Rules shall recommend to the Governor and the General Assembly that such agency's exemption be discontinued.
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, c. 844; 2017, c. 678.
Structure Code of Virginia
Title 2.2 - Administration of Government
Chapter 40 - Administrative Process Act
§ 2.2-4000. Short title; purpose
§ 2.2-4002. Exemptions from chapter generally
§ 2.2-4002.1. Guidance documents
§ 2.2-4006. Exemptions from requirements of this article
§ 2.2-4007. Petitions for new or amended regulations; opportunity for public comment
§ 2.2-4007.01. Notice of intended regulatory action; public hearing
§ 2.2-4007.02. Public participation guidelines
§ 2.2-4007.03. Informational proceedings; effect of noncompliance
§ 2.2-4007.04. Economic impact analysis
§ 2.2-4007.04:01. Notice required of certain departments
§ 2.2-4007.05. Submission of proposed regulations to the Registrar
§ 2.2-4007.06. Changes between proposed and final regulations
§ 2.2-4007.07. State Air Pollution Control Board; variances
§ 2.2-4007.1. Regulatory flexibility for small businesses; periodic review of regulations
§ 2.2-4007.2. Regulations requiring the submission of documents or payments
§ 2.2-4009. Evidentiary hearings on regulations
§ 2.2-4010. Pilot programs for regulations imposing local government mandates
§ 2.2-4011. Emergency regulations; publication; exceptions
§ 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations
§ 2.2-4012.1. Fast-track rulemaking process
§ 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact
§ 2.2-4014. Legislative review of proposed and final regulations
§ 2.2-4015. Effective date of regulation; exception
§ 2.2-4016. Withdrawal of regulation
§ 2.2-4017. Periodic review of regulations
§ 2.2-4018. Exemptions from operation of Article 3
§ 2.2-4019. Informal fact finding proceedings
§ 2.2-4020. Formal hearings; litigated issues
§ 2.2-4020.1. Summary case decisions
§ 2.2-4021. Timetable for decision; exemptions
§ 2.2-4022. Subpoenas, depositions and requests for admissions
§ 2.2-4024.1. Disqualification
§ 2.2-4024.2. Ex parte communications
§ 2.2-4025. Exemptions operation of this article; limitations
§ 2.2-4026. Right, forms, venue; date of adoption or readoption for purposes of appeal
§ 2.2-4028. Intermediate relief