2.2-4007.01 - Notice of intended regulatory action; public hearing. - Virginia Statutes

§ 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 theRegistrar of Regulations with a Notice of Intended Regulatory Action thatdescribes the subject matter and intent of the planned regulation. At least30 days shall be provided for public comment, to include an on-line publiccomment forum on the Virginia Regulatory Town Hall, after publication of theNotice of Intended Regulatory Action. An agency shall not file proposedregulations with the Registrar until the public comment period on the Noticeof Intended Regulatory Action has closed.

B. Agencies shall state in the Notice of Intended Regulatory Action whetherthey plan to hold a public hearing on the proposed regulation after it ispublished. Agencies shall hold such public hearings if required by basic law.If the agency states an intent to hold a public hearing on the proposedregulation in the Notice of Intended Regulatory Action, then it shall holdthe public hearing. If the agency states in its Notice of Intended RegulatoryAction that it does not plan to hold a hearing on the proposed regulation,then no public hearing is required unless, prior to completion of the commentperiod specified in the Notice of Intended Regulatory Action, (i) theGovernor directs the agency to hold a public hearing or (ii) the agencyreceives requests for a public hearing from at least 25 persons.

(2007, cc. 873, 916.)