2.2-4007 - Petitions for new or amended regulations; opportunity for public comment. - Virginia Statutes

§ 2.2-4007. Petitions for new or amended regulations; opportunity for publiccomment.

A. Any person may petition an agency to request the agency to develop a newregulation or amend an existing regulation. The petition shall state (i) thesubstance and purpose of the rulemaking that is requested, includingreference to any applicable Virginia Administrative Code sections, and (ii)reference to the legal authority of the agency to take the action requested.

B. Within 14 days of receiving a petition, the agency shall send a noticeidentifying the petitioner, the nature of the petitioner's request and theagency's plan for disposition of the petition to the Registrar forpublication in the Virginia Register of Regulations in accordance with theprovisions of subsection B of § 2.2-4031.

C. A 21-day period for acceptance of written public comment on the petitionshall be provided after publication in the Virginia Register. The agencyshall issue a written decision to grant or deny the petitioner's requestwithin 90 days following the close of the comment period. However, if therulemaking authority is vested in an entity that has not met within that90-day period, the entity shall issue a written decision no later than 14days after it next meets. The written decision issued by the agency shallinclude a statement of its reasons and shall be submitted to the Registrarfor publication in the Virginia Register of Regulations. Agency decisions toinitiate or not initiate rulemaking in response to petitions shall not besubject to judicial review.

(1984, c. 5, § 9-6.14:7.1; 1985, c. 602; 1989, c. 71; 1991, c. 488; 1993, cc.898, 944; 1994, c. 938; 1995, cc. 25, 677, 717, 790; 1997, c. 87; 2001, c.844; 2002, cc. 241, 391, 747; 2003, c. 224; 2005, cc. 619, 682; 2007, cc.873, 916.)