2006 Code of Virginia § 2.2-4031 - Publication of Virginia Register of Regulations; exceptions; notice of meetings of executive branc...

2.2-4031. Publication of Virginia Register of Regulations; exceptions;notice of meetings of executive branch agencies.

A. The Registrar shall publish every two weeks a Virginia Register ofRegulations that shall include (i) proposed and final regulations; (ii)emergency regulations; (iii) executive orders; (iv) notices of all publicmeetings and public hearings of state agencies, legislative committees andstudy subcommittees; (v) petitions for rulemaking made in accordance withsubsection A of 2.2-4007; and (vi) tax bulletins. The entire proposedregulation shall be published in the Register; however, if an existingregulation has been previously published in the Virginia Administrative Code,then only those sections of regulations to be amended need to be published inthe Register. If the length of the regulation falls within the guidelinesestablished by the Registrar for the publication of a summary in lieu of thefull text of the regulation, then, after consultation with the promulgatingagency, the Registrar may publish only the summary of the regulation. In thisevent, the full text of the regulation shall be available for publicinspection at the office of the Registrar and the promulgating agency.

If a proposed regulation is adopted as published or, in the sole discretionof the Registrar of Regulations, the only changes that have been made arethose that can be clearly and concisely explained, the adopted regulationneed not be published at length. Instead, the Register shall contain anotation that the proposed regulation has been adopted as published as aproposed regulation without change or stating the changes made. The proposedregulation shall be clearly identified with a citation to the issue and pagenumbers where published.

A copy of all reporting forms the promulgating agency anticipates will beincorporated into or be used in administering the regulation shall bepublished with the proposed and final regulation in the Register.

B. Each regulation shall be prefaced with a summary explaining thatregulation in plain and clear language. Summaries shall be prepared by thepromulgating agency and approved by the Registrar prior to their publicationin the Register. The notice required by 2.2-4007 shall include (i) astatement of the date, time and place of the hearing at which the regulationis to be considered; (ii) a brief statement as to the regulation underconsideration; (iii) reference to the legal authority of the agency to act;and (iv) the name, address and telephone number of an individual to contactfor further information about that regulation. Agencies shall present theirproposed regulations in a standardized format developed by the Code of VirginiaCommission in accordance with subdivision 1 of 2.2-4104 of the VirginiaRegister Act ( 2.2-4100 et seq.). Notwithstanding the exemptions allowedunder 2.2-4002, 2.2-4006 or 2.2-4011, the proposed and final regulationsof all agencies shall be published in the Register. However, proposedregulations of the Marine Resources Commission and regulations exempted bysubject from the provisions of this chapter by subsection B of 2.2-4002shall be exempt from this section.

C. Notwithstanding the definition of "agency," notices for all meetings ofstate agencies required to be open pursuant to the Virginia Freedom ofInformation Act ( 2.2-3700 et seq.), except for legislative meetings heldduring regular and special sessions, shall be published in the Register. Eachnotice shall include (i) the date, time and place of the meeting; (ii) abrief general description of the nature of the meeting and the business to beconducted; and (iii) the name, address and telephone number of an individualwho may be contacted for additional information about the meeting. Failure topublish in the Register the notice for such a meeting or any inadequacies inthe information contained in the notice shall not affect the legality ofactions taken at that meeting.

D. The Virginia Register of Regulations shall be published by posting theRegister on the Code of Virginia Commission's website. The Code of VirginiaCommission may arrange for the printing of the Virginia Register as providedin 30-146.

(1984, c. 5, 9-6.14:22; 1985, cc. 67, 602; 1986, c. 615; 1988, c. 364;1989, c. 71; 1992, c. 216; 2001, c. 844; 2002, c. 241; 2003, c. 212.)