2.2-2100 - Classification of executive branch boards, commissions and councils. - Virginia Statutes

§ 2.2-2100. Classification of executive branch boards, commissions andcouncils.

A. Effective July 1, 1986, every collegial body established by law orexecutive order within the executive branch of state government shall beclassified according to its level of authority as follows:

"Advisory" - A board, commission or council shall be classified as advisorywhen its purpose is to provide advice and comment to an executive branchagency or office. An advisory board, commission or council serves as a formalliaison between the agency or office and the public to ensure that the agencyor office understands public concerns and that the activities of the agencyor office are communicated to the public. An advisory board, commission orcouncil does not serve a regulatory or rule-making purpose. It mayparticipate in the development of public policy by providing comment andadvice.

"Policy" - A board, commission or council shall be classified as policy ifit is specifically charged by statute to promulgate public policies orregulations. It may also be charged with adjudicating violations of thosepolicies or regulations. Specific functions of the board, commission orcouncil may include, but are not limited to, rate setting, distributingfederal funds, and adjudicating regulatory or statutory violations, but eachpower shall be enumerated by law. Policy boards, commissions or councils arenot responsible for supervising agencies or employing personnel. They mayreview and comment on agency budget requests.

"Supervisory" - A board, commission, or council shall be classified assupervisory if it is responsible for agency operations including approval ofrequests for appropriations. A supervisory board, commission, or councilappoints the agency director and ensures that the agency director complieswith all board and statutory directives. The agency director is subordinateto the board. Notwithstanding the foregoing, the Board of Education shall beconsidered a supervisory board.

B. Each executive branch board, commission or council shall be assigned onlyone of the above classifications. The classification for boards and councilsthat are created by law shall be designated by the enabling legislation. Theclassification for commissions that are created by executive order shall bedesignated by the executive order.

(1985, c. 419, § 9-6.25; 2001, c. 844.)