Administrative Code

Virginia Administrative Code
4/18/2024

Part I. General Provisions

1VAC7-10-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Adopt textual matter by reference" means to include text from a document or publication in the regulation as a requirement or provision of the regulation.

"Agency" means any authority, instrumentality, officer, board, or other unit of the government of the Commonwealth empowered by the basic laws to adopt regulations or decide cases, except as exempted by the Virginia Register Act.

"Commission" means the Virginia Code Commission.

"File" means to submit to the registrar so that the registrar receives the regulation submission package, or required or requested information.

"Registrar" means the Registrar of Regulations, or his designee, as provided in § 2.2-4102 of the Code of Virginia.

"Regulation" means any statement of general application, having the force of law and affecting the rights or conduct of any person, promulgated by an agency in accordance with the authority conferred on it by applicable basic laws.

"Regulation submission package" means the regulation text and other information required to be submitted by the Administrative Process Act or the Virginia Register Act.

"Regulatory Information System" means the web-enabled application of the Office of the Registrar of Regulations that is used by an agency to file regulations, regulation submission packages, and related information and used by the Office of the Registrar to publish the Virginia Register of Regulations and update the Virginia Administrative Code.

"Virginia Administrative Code" or "VAC" means the codified publication of regulations under the provisions of Chapter 15 (§ 30-145 et seq.) of Title 30 of the Code of Virginia.

"Virginia Register Act" means Chapter 41 (§ 2.2-4100 et seq.) of Title 2.2 of the Code of Virginia.

"Virginia Register of Regulations" or "Register" means the publication issued under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act. Test

Statutory Authority

§ 2.2-4104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 9, eff. January 1, 2016.

1VAC7-10-20. Computation of time.

When Article 2 (§ 2.2-4006 et seq.) or 6 (§ 2.2-4031 et seq.) of the Administrative Process Act or the Virginia Register Act prescribes a time period that is contingent upon publication in the Register, whether before, after, or upon publication, the day of publication shall not be counted as part of the required time period. This section shall not apply to the comment period designated in § 2.2-4007.06 of the Code of Virginia to begin on the date of publication of the notice in the Register.

Statutory Authority

§ 2.2-4104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 9, eff. January 1, 2016.

1VAC7-10-30. General rules of construction.

This section shall be used in the construction of the Virginia Administrative Code.

1. Catchlines of sections. The catchline or title of a section following the section number is intended as a description to indicate the content of the section and does not constitute part of the regulation.

2. Gender. A word used in the masculine includes the feminine and neuter.

3. Number. A word used in the singular includes the plural, and a word used in the plural includes the singular unless the context clearly indicates otherwise.

4. The word "includes" means includes, but not limited to.

5. The word "or" means any one or all of the items listed or any combination thereof.

Statutory Authority

§ 2.2-4104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 9, eff. January 1, 2016.

1VAC7-10-40. Form and style of regulations.

A. The registrar shall develop a manual to advise agencies regarding the form and style of regulations and the codification of regulations.

B. The registrar shall provide procedures stipulating how agencies shall prepare and file with the registrar's office (i) regulations, (ii) regulation submission packages and other information concerning regulatory actions, or (iii) other information requested by the registrar for publication in the Virginia Register of Regulations or the Virginia Administrative Code.

C. Pursuant to § 30-150 of the Code of Virginia, the registrar may omit from publication in the Virginia Register of Regulations or inclusion in the Virginia Administrative Code (i) effective date clauses, (ii) severability clauses, (iii) purpose statements, and (iv) provisions that are nonregulatory in nature, such as a defined word, term, or phrase that is not used in the regulatory text.

D. The registrar may accept any of the items or provisions listed in subsection C of this section if the agency establishes a need to the satisfaction of the registrar.

Statutory Authority

§ 2.2-4104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 9, eff. January 1, 2016.

1VAC7-10-50. Method of filing.

An agency shall file regulations, regulation submissions packages, and requested information electronically through the Regulatory Information System, commonly known as "RIS," unless specifically approved by the registrar to file through other means.

Statutory Authority

§ 2.2-4104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 9, eff. January 1, 2016.

1VAC7-10-60. Internet address; contact information; consequential changes.

A. If an agency includes an Internet address in the text of a regulation, the agency is responsible for maintaining the accuracy and currency of the Internet address.

B. If an agency includes contact information in the text of a regulation, the agency is responsible for maintaining the accuracy and currency of the contact information. Contact information includes a title, mailing address, telephone number, email address, or similar information.

C. The agency must (i) promptly notify the registrar's office when an Internet address or contact information changes and (ii) provide the correct Internet address or contact information. The agency shall file a request for amendment as directed by the registrar and provide the revised text of the regulation.

D. The registrar may correct an Internet address or contact information upon request by an agency. In addition, the registrar may, in his discretion, make other consequential corrections pursuant to §§ 2.2-4102 and 30-150 of the Code of Virginia.

E. The registrar will publish notice of the correction.

Statutory Authority

§ 2.2-4104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 9, eff. January 1, 2016.

1VAC7-10-70. Waiver by registrar.

The registrar may waive a provision of this chapter, provided that the waiver is consistent with applicable state law.

Statutory Authority

§ 2.2-4104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 9, eff. January 1, 2016.

1VAC7-10-80. Agency regulatory coordinator.

The head of each agency, or his designee, shall appoint or designate an individual as the agency regulatory coordinator who shall coordinate the regulatory activities of the agency with the Office of the Registrar of Regulations.

Statutory Authority

§ 2.2-4104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 9, eff. January 1, 2016.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.