VA HB601 | 2020 | Regular Session

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on January 6 2020 - 25% progression, died in committee
Action: 2020-02-11 - Left in General Laws
Pending: House General Laws Committee
Text: Latest bill text (Prefiled) [HTML]

Summary

Administrative Process Act; review of occupational regulations. Creates a procedure by which a person may petition an agency to review whether an existing occupational regulation is necessary for the protection or preservation of the health, safety, and welfare of the public and meets other statutorily enumerated criteria. The bill also creates a cause of action whereby any person who is adversely affected or aggrieved by an occupational regulation that such person believes is not necessary for the protection or preservation of the health, safety, and welfare of the public or does not meet other statutorily enumerated criteria may seek judicial review of such regulation. The bill provides that the burden of proof shall be upon the party complaining of the occupational regulation to demonstrate by a preponderance of the evidence that the challenged occupational regulation on its face or in its effect burdens the entry into or participation in an occupation and, thereafter, the burden shall be upon the agency to demonstrate by a preponderance of the evidence that the challenged occupational regulation is necessary to protect or preserve the health, safety, and welfare of the public and complies with certain other statutorily enumerated requirements. The bill provides that if the court finds in favor of the party complaining of the agency action, the court shall declare the regulation null and void.

Tracking Information

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Title

Administrative Process Act; review of occupational regulations.

Sponsors


Roll Calls

2020-01-30 - House - House: Subcommittee recommends passing by indefinitely (4-Y 3-N) (Y: 4 N: 3 NV: 1 Abs: 0) [FAIL]

History

DateChamberAction
2020-02-11HouseLeft in General Laws
2020-01-30HouseSubcommittee recommends passing by indefinitely (4-Y 3-N)
2020-01-24HouseAssigned GL sub: Professions/Occupations and Adminstrative Process
2020-01-06HouseReferred to Committee on General Laws
2020-01-06HousePrefiled and ordered printed; offered 01/08/20 20100327D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
224007.001(n/a)See Bill Text
224026.1(n/a)See Bill Text
224031(n/a)See Bill Text

Virginia State Sources


Bill Comments

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