Administrative Code

Virginia Administrative Code
4/18/2024

Part II. Filing Regulations and Regulation Submission Packages with the Registrar

1VAC7-10-90. Filing regulations.

A. An agency must file all regulations, including materials incorporated by reference and forms used in administering the regulation, with the registrar. The regulations shall be filed through the Regulatory Information System or as directed by the registrar.

B. The agency shall file the full text of a regulation with the registrar, except text that is incorporated by reference pursuant to § 2.2-4103 of the Code of Virginia shall be filed in accordance with Part III (1VAC7-10-140 et seq.) of this chapter.

C. No regulation, or amendment or repeal thereof, is effective until filed with the registrar pursuant to § 2.2-4103 of the Code of Virginia. If the regulation, or amendment or repeal thereof, is incomplete, the registrar may decline to publish the regulation.

Statutory Authority

§ 2.2-4104 of the Code of Virginia.

Historical Notes

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

1VAC7-10-100. Final agency action date; effective date; statutory authority.

A. An agency shall provide the date of final agency action and the effective date of a regulation when filing a regulation submission package for a fast-track or final regulatory action, or other equivalent action.

B. When Virginia law allows a regulation to be effective upon the filing of the regulation with the registrar, the agency ordinarily should select an effective date at least three business days after filing. This subsection does not apply to emergency regulations adopted pursuant to § 2.2-4011 of the Code of Virginia.

C. An agency shall provide the effective date and expiration date of an emergency regulation when filing the emergency regulation and accompanying regulation submission package. If the expiration date of the emergency regulation is extended, the agency shall notify the registrar within three business days of the Governor's approval of the extension.

D. Pursuant to § 2.2-4012 D of the Code of Virginia, a regulation shall contain the statutory authority for the regulation. An agency shall include in the regulatory submission package the complete citation for each statute or regulation that serves as the statutory authority, as follows:

1. For a codified Virginia statute, the citation shall be to the applicable section of the Code of Virginia.

2. For an uncodified Virginia statute, the citation shall be to the applicable chapter of the designated Act of Assembly.

3. When a regulation is required to conform with federal law or regulation, the agency shall provide a citation to the specific federal law or regulation to which conformity is required.

Statutory Authority

§ 2.2-4104 of the Code of Virginia.

Historical Notes

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

1VAC7-10-110. Supplemental information; exemption from Administrative Process Act.

A. Pursuant to § 2.2-4103 of the Code of Virginia, the registrar may request information in addition to the full text of a regulation for the purpose of publishing the Register and VAC.

B. An agency shall respond to a request from the registrar within three business days of the request, unless a different response time is approved by the registrar.

C. When claiming an exemption from the Administrative Process Act, an agency shall provide the specific statutory citation for the claimed exemption. Upon request of the registrar, an agency should provide confirmation from the Office of the Attorney General of the specific statute upon which the exemption is based.

Statutory Authority

§ 2.2-4104 of the Code of Virginia.

Historical Notes

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

1VAC7-10-120. Withdrawal of a final regulation; publication.

A. When an agency withdraws a final regulation pursuant to § 2.2-4016 of the Code of Virginia, the agency shall file a written notice of withdrawal with the registrar prior to the effective date of the regulation being withdrawn. The notice shall include:

1. The reason for the withdrawal of the regulation;

2. Agency contact information;

3. The publication information; and

4. The date of agency action.

B. The notice of withdrawal will be published 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.

1VAC7-10-130. Omissions and errors.

A. An agency shall notify the registrar of all omissions or errors that the agency becomes aware of in any of the information (i) submitted for publication or (ii) published in the Register or the Virginia Administrative Code.

B. The notification shall be filed with the registrar within seven business days of the date that the agency becomes aware of the omission or error.

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.

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