A. In the case of all regulations, except those regulations exempted by § 2.2-4002, 2.2-4006, or 2.2-4011, the proposed regulation and general notice of opportunity for oral or written submittals as to that regulation shall be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations in accordance with the provisions of subsection B of § 2.2-4031. In addition, the agency may, in its discretion, (i) publish the notice in any newspaper and (ii) publicize the notice through press releases and such other media as will best serve the purpose and subject involved. The Register and any newspaper publication shall be made at least 60 days in advance of the last date prescribed in the notice for such submittals. All notices, written submittals, and transcripts and summaries or notations of oral presentations, as well as any agency action thereon, shall be matters of public record in the custody of the agency.
B. If an agency wishes to change a proposed regulation before adopting it as a final regulation, it may choose to publish a revised proposed regulation, provided the latter is subject to a public comment period of at least 30 additional days and the agency complies in all other respects with this section.
C. In no event shall the failure to comply with the requirements of this section be deemed mere harmless error for the purposes of § 2.2-4027.
2007, cc. 873, 916.
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