Code of Virginia - Title 2.2 Administration Of Government - Chapter 40 Administrative Process Act

2.2-4000 Short title; purpose
A. This chapter may be cited as the "Administrative Process Act." B. The purpose of this chapter is to supplement present and future basic laws ...
2.2-4001 Definitions
As used in this chapter, unless the context requires a different meaning: "Agency" means any authority, instrumentality, officer, board or other unit of the state ...
2.2-4002 Exemptions from chapter generally
A. Although required to comply with § 2.2-4103 of the Virginia Register Act (§ 2.2-4100 et seq.), the following agencies shall be exempted from the ...
2.2-4003 Venue
In all proceedings under § 2.2-4019 or 2.2-4020 venue shall be in the city or county where the administrative agency maintains its principal office or ...
2.2-4004 Severability
The provisions of regulations adopted under this chapter or the application thereof to any person or circumstances that are held invalid shall not affect the ...
2.2-4005 Review of exemptions by Joint Legislative Audit and Review Commission
The Joint Legislative Audit and Review Commission shall conduct a review periodically of the exemptions authorized by this chapter. The purpose of this review shall ...
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 of ...
2.2-4007 Petitions for new or amended regulations; opportunity for public comment
A. Any person may petition an agency to request the agency to develop a new regulation or amend an existing regulation. The petition shall state ...
2.2-4007.01 Notice of intended regulatory action; public hearing.
A. In the case of all regulations, except those regulations exempted by § 2.2-4002, 2.2-4006, 2.2-4011, or 2.2-4012.1, an agency shall provide the Registrar of ...
2.2-4007.02 Public participation guidelines.
A. Public participation guidelines for soliciting the input of interested parties in the formation and development of its regulations shall be developed, adopted, and used ...
2.2-4007.03 Informational proceedings; effect of noncompliance.
A. In the case of all regulations, except those regulations exempted by § 2.2-4002, 2.2-4006, or 2.2-4011, the proposed regulation and general notice of opportunity ...
2.2-4007.04 Economic impact analysis.
A. Before delivering any proposed regulation under consideration to the Registrar as required in § 2.2-4007.05, the agency shall submit on the Virginia Regulatory Town ...
2.2-4007.05 Submission of proposed regulations to the Registrar.
Before promulgating any regulation under consideration, the agency shall deliver a copy of that regulation to the Registrar together with a summary of the regulation ...
2.2-4007.06 Changes between proposed and final regulations.
If one or more changes with substantial impact are made to a proposed regulation from the time that it is published as a proposed regulation ...
2.2-4007.07 State Air Pollution Control Board; variances.
The provisions of §§ 2.2-4007 through 2.2-4007.06 shall not apply to the issuance by the State Air Pollution Control Board of variances to its regulations. ...
2.2-4007.1 Regulatory flexibility for small businesses; periodic review of regulations
A. As used in this section, "small business" means a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs ...
2.2-4008 Availability of guidance documents
It shall be the duty of every agency to annually file with the Registrar for publication in the Virginia Register of Regulations a list of ...
2.2-4009 Evidentiary hearings on regulations
Where an agency proposes to consider the exercise of authority to promulgate a regulation, it may conduct or give interested persons an opportunity to participate ...
2.2-4010 Pilot programs for regulations imposing local government mandates
Where an agency proposes to consider the exercise of authority to promulgate a regulation that will impose a statewide mandate on the Commonwealth's localities, the ...
2.2-4011 Emergency regulations; publication; exceptions
A. Regulations that an agency finds are necessitated by an emergency situation may be adopted by an agency upon consultation with the Attorney General, which ...
2.2-4012 Purpose; adoption; effective date; filing; duties of Registrar of Regulations
A. The purpose of the regulatory procedures shall be to provide a regulatory plan that is predictable, based on measurable and anticipated outcomes, and is ...
2.2-4012.1 Fast-track rulemaking process
Notwithstanding any other provision, rules that are expected to be noncontroversial may be promulgated or repealed in accordance with the process set out in this ...
2.2-4013 Executive review of proposed and final regulations; changes with substantial impact
A. The Governor shall adopt and publish procedures by executive order for review of all proposed regulations governed by this chapter by June 30 of ...
2.2-4014 Legislative review of proposed and final regulations
A. After publication of the Register pursuant to § 2.2-4031, the standing committee of each house of the General Assembly to which matters relating to ...
2.2-4015 Effective date of regulation; exception
A. A regulation adopted in accordance with this chapter and the Virginia Register Act (§ 2.2-4100 et seq.) shall become effective at the conclusion of ...
2.2-4016 Withdrawal of regulation
Nothing in this chapter shall prevent any agency from withdrawing any regulation at any time prior to the effective date of that regulation. A regulation ...
2.2-4017 Periodic review of regulations
Each Governor shall mandate through executive order a procedure for periodic review during that Governor's administration of regulations of agencies within the executive branch of ...
2.2-4018 Exemptions from operation of Article 3
The following agency actions otherwise subject to this chapter shall be exempted from the operation of this article. 1. The assessment of taxes or penalties ...
2.2-4019 Informal fact finding proceedings
A. Agencies shall ascertain the fact basis for their decisions of cases through informal conference or consultation proceedings unless the named party and the agency ...
2.2-4020 Formal hearings; litigated issues
A. The agency shall afford opportunity for the formal taking of evidence upon relevant fact issues in any case in which the basic laws provide ...
2.2-4020.1 Summary case decisions.
A. Any person who has (i) applied for a permit, certificate, or license from an agency or (ii) received written notice of a potential violation ...
2.2-4021 Timetable for decision; exemptions
A. In cases where a board or commission meets to render (i) an informal fact-finding decision or (ii) a decision on a litigated issue, and ...
2.2-4022 Subpoenas, depositions and requests for admissions
The agency or its designated subordinates may, and on request of any party to a case shall, issue subpoenas requiring testimony or the production of ...
2.2-4023 Final orders
The terms of any final agency case decision, as signed by it, shall be served upon the named parties by mail unless service otherwise made ...
2.2-4024 Hearing officers
A. In all formal hearings conducted in accordance with § 2.2-4020, the hearing shall be presided over by a hearing officer selected from a list ...
2.2-4025 Exemptions operation of this article; limitations
A. This article shall not apply to any agency action that (i) is placed beyond the control of the courts by constitutional or statutory provisions ...
2.2-4026 Right, forms, venue
Any person affected by and claiming the unlawfulness of any regulation, or party aggrieved by and claiming unlawfulness of a case decision and whether exempted ...
2.2-4027 Issues on review
The burden shall be upon the party complaining of agency action to designate and demonstrate an error of law subject to review by the court. ...
2.2-4028 Intermediate relief
When judicial review is instituted or is about to be, the agency concerned may, on request of any party or its own motion, postpone the ...
2.2-4029 Court judgments
Unless an error of law as defined in § 2.2-4027 appears, the court shall dismiss the review action or affirm the agency regulation or decision. ...
2.2-4030 Recovery of costs and attorneys' fees from agency
A. In any civil case brought under Article 5 (§ 2.2-4025 et seq.) of this chapter or §§ 2.2-4002, 2.2-4006, 2.2-4011, or § 2.2-4018, in ...
2.2-4031 Publication of Virginia Register of Regulations; exceptions; notice of public hearings of proposed ...
A. The Registrar shall publish every two weeks a Virginia Register of Regulations that shall include (i) proposed and final regulations; (ii) emergency regulations; (iii) ...
2.2-4032 , 2.2-4033
Repealed by Acts 2003, c. 212, cl. 2, effective March 16, 2003. ...

Last modified: April 2, 2009