3.2-4002 - Authority of Commissioner to adopt regulations. - Virginia Statutes

§ 3.2-4002. Authority of Commissioner to adopt regulations.

A. The Commissioner may, by regulation: (i) adopt the Rules for Testing Seedsestablished by the Association of Official Seed Analysts; (ii) amend thestandards for seed; (iii) amend the prohibited noxious-weed seed list; and(iv) amend the restricted noxious-weed seed list.

B. Such regulations shall be effective upon filing with the Registrar ofRegulations, who shall publish the regulations as a final regulation in theVirginia Register of Regulations with a preamble stating that the Board willreceive, consider, and respond to petitions by any interested person at anytime with respect to reconsideration or revision of such regulation.

C. The Board, after giving notice in the Virginia Register of Regulations,may reconsider and revise the regulation adopted by the Commissioner. Therevised regulation shall be effective upon filing with the Registrar ofRegulations, who shall publish the regulation as final regulation in theVirginia Register of Regulations. Neither the provisions of theAdministrative Process Act (§ 2.2-4000 et seq.) nor public participationguidelines adopted pursuant thereto shall apply to the adoption,reconsideration, or revision of any regulation adopted pursuant to thissection.

(1994, c. 577, § 3.1-271.1; 2008, c. 860.)