Pursuant to enactment clause 2 of Chapter 678 (HB 1731) of the 2017 Acts of Assembly, the Joint Commission on Administrative Rules (JCAR) is publishing this notice to inform agencies of obligations under the provisions of the act. This general notice also was published in the Virginia Register of Regulations in Volume 33, Issue 18, on May 1, 2017.
The act amends § 2.2-4005 of the Code of Virginia and requires agencies having or using an exemption authorized by the Administrative Process Act (§ 2.2-4000 et seq. of the Code) (APA) to report the following information to JCAR:
- The exemption and the date the exemption became law. Section 2.2-4002 A 9 of the Code of Virginia provides an exemption for agencies "expressly exempted by any other provision" of the Code of Virginia. Therefore, an agency must also report exemptions from the APA contained in the agency's basic law.
- A summary of the necessity for the exemption (i.e., why the agency needs the particular exemption).
- Any regulation adopted by the agency under each exemption in the immediately preceding two fiscal years and a summary of each regulation.
A web form is in development for agencies to report the required information electronically. JCAR plans to send an email with details and the URL for the web form to agency regulatory coordinators in the near future.
The first report is due August 1, 2017, and covers the period July 1, 2015, through June 30, 2017. Subsequent reports are due every two years thereafter and need only provide the exemption and any regulation adopted pursuant to the exemption in the immediately preceding two fiscal years, if any.
The following agencies are exempt from this reporting requirement: (i) the courts, (ii) any agency of the Supreme Court, and (iii) any agency that by the Constitution of Virginia is expressly granted any of the powers of a court of record.
If an agency fails to submit the required report, JCAR is required recommend to the Governor and the General Assembly that the agency's exemption be discontinued.