2006 Code of Virginia § 2.2-4011 - Emergency regulations; publication; exceptions

2.2-4011. Emergency regulations; publication; exceptions.

A. Regulations that an agency finds are necessitated by an emergencysituation. For the purposes of this subsection, "emergency situation" meansa situation (i) involving an imminent threat to public health or safety or(ii) in which Virginia statutory law or the appropriation act or federal lawor federal regulation requires that a regulation be effective in 280 days orless from its enactment, and the regulation is not exempt under theprovisions of subdivision A. 4. of 2.2-4006. In such cases, the agencyshall state in writing the nature of the emergency and of the necessity forsuch action and may adopt the regulations. Pursuant to 2.2-4012, suchregulations shall become effective upon approval by the Governor and filingwith the Registrar of Regulations. The regulations shall be limited to nomore than twelve months in duration. During the twelve-month period, anagency may issue additional emergency regulations as needed addressing thesubject matter of the initial emergency regulation, but any such additionalemergency regulations shall not be effective beyond the twelve-month periodfrom the effective date of the initial emergency regulation. If the agencywishes to continue regulating the subject matter governed by the emergencyregulation beyond the twelve-month limitation, a regulation to replace theemergency regulation shall be promulgated in accordance with this article.The Notice of Intended Regulatory Action to promulgate a replacementregulation shall be filed with the Registrar within sixty days of theeffective date of the emergency regulation and published as soon aspracticable, and the proposed replacement regulation shall be filed with theRegistrar within 180 days after the effective date of the emergencyregulation and published as soon as practicable.

B. Emergency regulations shall be published as soon as practicable in theRegister.

C. The Regulations of the Marine Resources Commission shall be excluded fromthe provisions of this section.

(1975, c. 503, 9-6.14:9; 1977, cc. 450, 459; 1981, c. 387; 1982, c. 425;1983, c. 295; 1984, c. 5; 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, 71, 299, 478;1990, cc. 721, 968; 1991, cc. 80, 294, 344; 1992, cc. 200, 409, 488, 592,793, 829; 1993, cc. 537, 669, 898; 1994, cc. 237, 577, 649, 740, 743, 801,938; 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.)