VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 2.2-4011 of the Code of
Virginia, relating to the Administrative Process Act; emergency regulations.
[S 1043]
Approved
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-4011 of the Code of Virginia is
amended and reenacted as follows:
§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 approval shall be granted only after the agency has
submitted a request stating in writing the nature of the emergency, and the
necessity for such action shall be at the sole discretion of the Governor.
B. Agencies may also adopt emergency regulations in situations
in which Virginia statutory law or the appropriation act or federal law or
federal regulation requires that a regulation be effective in 280 days or less
from its enactment, and the regulation is not exempt under the
provisions of subdivision A. 4. of §2.2-4006. In such
cases, the agency shall state in writing the nature of the emergency and of the
necessity for such action and may adopt the regulations. Pursuant to §
2.2-4012, such regulations shall become effective upon approval by the Governor
and filing with the Registrar of Regulations.
C. All emergency regulations shall be limited to no more than
twelve 18 months in duration. During the twelve-month
18-month period, an agency may issue additional emergency regulations as
needed addressing the subject matter of the initial emergency regulation, but
any such additional emergency regulations shall not be effective beyond the
twelve-month 18-month period from the effective date of the initial
emergency regulation. If the agency wishes to continue regulating the subject
matter governed by the emergency regulation beyond the twelve-month
18-month limitation, a regulation to replace the emergency regulation shall
be promulgated in accordance with this article. The Notice of Intended
Regulatory Action to promulgate a replacement regulation shall be filed with
the Registrar within sixty 60 days of the effective date of the
emergency regulation and published as soon as practicable, and the proposed
replacement regulation shall be filed with the Registrar within 180 days after
the effective date of the emergency regulation and published as soon as
practicable.
D. In the event that an agency concludes that despite its best
efforts, a replacement regulation cannot be adopted before expiration of
the 12-month 18-month period described in subsection C, it may
seek the prior written approval of the Governor to extend the duration of the
emergency regulation for a period of not more than six additional months. Any
such request must be submitted to the Governor at least 30 days prior to the scheduled
expiration of the emergency regulation and shall include a description of the
agency's efforts to adopt a replacement regulation together with the reasons
that a replacement regulation cannot be adopted before the scheduled expiration
of the emergency regulation. Upon approval of the Governor, provided such
approval occurs prior to the scheduled expiration of the emergency regulation, the
duration of the emergency regulation shall be extended for a period of no more
than six months. Such approval shall be in the sole discretion of the Governor
and shall not be subject to judicial review. Agencies shall notify the
Registrar of Regulations of the new expiration date of the emergency regulation
as soon as practicable.
E. Emergency regulations shall be published as soon as
practicable in the Register.
F. The Regulations of the Marine Resources Commission shall be
excluded from the provisions of this section.
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