2006 Code of Virginia § 2.2-4006 - Exemptions from requirements of this article

2.2-4006. Exemptions from requirements of this article.

A. The following agency actions otherwise subject to this chapter and 2.2-4103 of the Virginia Register Act shall be exempted from the operation ofthis article:

1. Agency orders or regulations fixing rates or prices.

2. Regulations that establish or prescribe agency organization, internalpractice or procedures, including delegations of authority.

3. Regulations that consist only of changes in style or form or correctionsof technical errors. Each promulgating agency shall review all references tosections of the Code of Virginia within their regulations each time a newsupplement or replacement volume to the Code of Virginia is published toensure the accuracy of each section or section subdivision identificationlisted.

4. Regulations that are:

a. Necessary to conform to changes in Virginia statutory law or theappropriation act where no agency discretion is involved;

b. Required by order of any state or federal court of competent jurisdictionwhere no agency discretion is involved; or

c. Necessary to meet the requirements of federal law or regulations, providedsuch regulations do not differ materially from those required by federal lawor regulation, and the Registrar has so determined in writing. Notice of theproposed adoption of these regulations and the Registrar's determinationshall be published in the Virginia Register not less than 30 days prior tothe effective date of the regulation.

5. Preliminary program permit fees of the Department of Environmental Qualityassessed pursuant to subsection C of 10.1-1322.2.

6. Regulations of the Pesticide Control Board adopted pursuant to subsectionB of 3.1-249.51 or clause (v) or (vi) of subsection C of 3.1-249.53 afterhaving been considered at two or more Board meetings and one public hearing.

7. Regulations of the regulatory boards served by (i) the Department of Laborand Industry pursuant to Title 40.1 and (ii) the Department of Professionaland Occupational Regulation or the Department of Health Professions pursuantto Title 54.1 that are limited to reducing fees charged to regulants andapplicants.

8. The development and issuance of procedural policy relating to risk-basedmine inspections by the Department of Mines, Minerals and Energy authorizedpursuant to 45.1-161.82 and 45.1-161.292:55.

9. General permits issued by the (a) State Air Pollution Control Boardpursuant to Chapter 13 ( 10.1-1300 et seq.) of Title 10.1 or (b) State WaterControl Board pursuant to the State Water Control Law ( 62.1-44.2 et seq.),Chapter 24 ( 62.1-242 et seq.) of Title 62.1 and Chapter 25 ( 62.1-254 etseq.) of Title 62.1, (c) Virginia Soil and Water Conservation Board pursuantto the Virginia Stormwater Management Act ( 10.1-603.1 et seq.) of Title10.1, and (d) the development and issuance of general wetlands permits by theMarine Resources Commission pursuant to subsection B of 28.2-1307, if therespective Board or Commission (i) provides a Notice of Intended RegulatoryAction in conformance with the provisions of subsection B of 2.2-4007, (ii)following the passage of 30 days from the publication of the Notice ofIntended Regulatory Action forms a technical advisory committee composed ofrelevant stakeholders, including potentially affected citizens groups, toassist in the development of the general permit, (iii) provides notice andreceives oral and written comment as provided in subsection F of 2.2-4007,and (iv) conducts at least one public hearing on the proposed general permit.

10. The development and issuance by the Board of Education of guidelines onconstitutional rights and restrictions relating to the recitation of thepledge of allegiance to the American flag in public schools pursuant to 22.1-202.

11. Regulations of the Board of the Virginia College Savings Plan adoptedpursuant to 23-38.77.

12. Regulations of the Marine Resources Commission.

13. Regulations adopted by the Board of Housing and Community Developmentpursuant to (i) Statewide Fire Prevention Code ( 27-94 et seq.), (ii) theIndustrialized Building Safety Law ( 36-70 et seq.), (iii) the UniformStatewide Building Code ( 36-97 et seq.), and (iv) 36-98.3, provided theBoard (a) provides a Notice of Intended Regulatory Action in conformance withthe provisions of subsection B of 2.2-4007, (b) publishes the proposedregulation and provides an opportunity for oral and written comments asprovided in subsection F of 2.2-4007, and (c) conducts at least one publichearing as provided in 2.2-4009 and 36-100 prior to the publishing of theproposed regulations. Notwithstanding the provisions of this subdivision, anyregulations promulgated by the Board shall remain subject to the provisionsof subsection K of 2.2-4007 concerning public petitions, and 2.2-4013and 2.2-4014 concerning review by the Governor and General Assembly.

14. Amendments to the list of drugs susceptible to counterfeiting adopted bythe Board of Pharmacy pursuant to subsection B of 54.1-3307.

B. Whenever regulations are adopted under this section, the agency shallstate as part thereof that it will receive, consider and respond to petitionsby any interested person at any time with respect to reconsideration orrevision. The effective date of regulations adopted under this subsectionshall be in accordance with the provisions of 2.2-4015, except in the caseof emergency regulations, which shall become effective as provided insubsection B of 2.2-4012.

C. A regulation for which an exemption is claimed under this section or 2.2-4002, or 2.2-4011 and that is placed before a board or commission forconsideration shall be provided at least two days in advance of the board orcommission meeting to members of the public that request a copy of thatregulation. A copy of that regulation shall be made available to the publicattending such meeting.

(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; 2003, c. 436; 2005, c. 102; 2006, cc. 632,719.)