Before promulgating any regulation under consideration, the agency shall deliver a copy of that regulation to the Registrar together with a summary of the regulation and a separate and concise statement of (i) the basis of the regulation, defined as the statutory authority for promulgating the regulation, including an identification of the section number and a brief statement relating the content of the statutory authority to the specific regulation proposed; (ii) the purpose of the regulation, defined as the rationale or justification for the new provisions of the regulation, from the standpoint of the public's health, safety, or welfare; (iii) the substance of the regulation, defined as the identification and explanation of the key provisions of the regulation that make changes to the current status of the law; (iv) the issues of the regulation, defined as the primary advantages and disadvantages for the public, and as applicable for the agency or the state, of implementing the new regulatory provisions; and (v) the agency's response to the economic impact analysis submitted by the Department of Planning and Budget pursuant to § 2.2-4007.04. Any economic impact estimate included in the agency's response shall represent the agency's best estimate for the purposes of public review and comment, but the accuracy of the estimate shall in no way affect the validity of the regulation. Staff as designated by the Code Commission shall review proposed regulation submission packages to ensure that the requirements of this subsection are met prior to publication of the proposed regulation in the Register. The summary; the statement of the basis, purpose, substance, and issues; the economic impact analysis; and the agency's response shall be published in the Virginia Register of Regulations and be available on the Virginia Regulatory Town Hall, together with the notice of opportunity for oral or written submittals on the proposed regulation.
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