2006 Code of Virginia § 2.2-4103 - Agencies to file regulations with Registrar; other duties; failure to file

2.2-4103. Agencies to file regulations with Registrar; other duties;failure to file.

It shall be the duty of every agency to have on file with the Registrar thefull text of all of its currently operative regulations, together with thedates of adoption, revision, publication, or amendment thereof and suchadditional information requested by the Commission or the Registrar for thepurpose of publishing the Virginia Register of Regulations and the VirginiaAdministrative Code. Thereafter, coincidentally with the issuance thereof,each agency shall from day to day so file, date, and supplement all newregulations and amendments, repeals, or additions to its previously filedregulations. The filed regulations shall (i) indicate the laws they implementor carry out, (ii) designate any prior regulations repealed, modified, orsupplemented, (iii) state any special effective or terminal dates, and (iv)be accompanied by a signed statement or certification that they are full,true, and correctly dated. No regulation or amendment or repeal thereof shallbe effective until filed with the Registrar.

Orders condemning or closing any shellfish, finfish or crustacea growing areaand the shellfish, finfish or crustacea located thereon pursuant to Article 2( 28.2-803 et seq.) of Chapter 8, of Title 28.2, which are exempt from therequirements of the Administrative Process Act ( 2.2-4000 et seq.) asprovided in subsection B of 2.2-4002, shall be effective on the datespecified by the promulgating agency. Such orders shall continue to be filedwith the Registrar either before or after their effective dates in order tosatisfy the need for public availability of information respecting theregulations of state agencies.

In addition, each agency shall itself (i) maintain a complete list of all ofits currently operative regulations for public consultation, (ii) makeavailable to public inspection a complete file of the full texts of all suchregulations, and (iii) allow public copying thereof or make copies availableeither without charge, at cost, or on payment of a reasonable fee. Eachagency shall also maintain as a public record a complete file of itsregulations that have been superseded on and after June 1, 1975.

It shall be the duty of every agency to annually file with the Registrar forpublication in the Virginia Register of Regulations a list of any guidancedocuments upon which the agency currently relies. The filing shall be made onor before January 1 of each year in a format to be developed by theRegistrar. Each agency shall also (i) maintain a complete list of all of itscurrently operative guidance documents and make such list available forpublic inspection, (ii) make available for public inspection the full textsof all such guidance documents to the extent such inspection is permitted bylaw, and (iii) upon request, make copies of such lists or guidance documentsavailable without charge, at cost, or on payment of a reasonable fee.

Where regulations adopt textual matter by reference to publications otherthan the Federal Register or Code of Federal Regulations, the agency shall(i) file with the Registrar copies of the referenced publications, (ii) stateon the face of or as notations to regulations making such adoptions byreference the places where copies of the referred publications may beprocured, and (iii) make copies of such referred publications available forpublic inspection and copying along with its other regulations.

Unless he finds that there are special circumstances requiring otherwise, theGovernor, in addition to the exercise of his authority to see that the lawsare faithfully executed, may, until compliance with this chapter is achieved,withhold the payment of compensation or expenses of any officer or employeeof any agency in whole or part whenever the Commission certifies to him thatthe agency has failed to comply with this section or this chapter in statedrespects, to respond promptly to the requests of the Registrar, or to complywith the regulations of the Commission.

(1973, c. 535, 9-6.18; 1975, c. 502; 1982, c. 489; 1989, c. 299; 1997, cc.11, 87; 2001, c. 844.)