Regulatory Actions and Stages
- The Standard Three Stage Process
- Emergency Regulations
- The Fast-Track Process
- Exempt Actions
- How regulatory boards choose the appropriate type of action
Standard Three Stage Process
More details about the standard three stage process
See a chart of the standard stage process
See section 2.2-4007 to 4017 of the Administrative Process act.
Sometimes, the General Assembly passes a law requiring an emergency regulation. Emergency regulations are effective for up to one year and are exempt from the usual regulatory process. Usually, an agency will promulgate an emergency regulation and, at the same time, begin a regulatory action for a permanent replacement regulation.
More details about the emergency regulatory process.
See a chart of the emergency regulatory process.
See section 2.2-4011 of the Administrative Process Act.
The fast-track rulemaking process is for rules that are expected to be noncontroversial.
More details about the Fast-Track process.
See a chart of the Fast-track regulatory process.
See section 2.2-4012.1 of the Code of Virginia.
Some regulatory actions are exempt from the regulatory process described above: actions of exempt agencies, regulations setting rates or prices or relating to internal agency working, and regulations with technical changes or changes to strictly conform to changes in federal or state law. Most exempt regulations are published in final form only, however, some exempt actions can include notice and publication of a proposed text.
More details about exempt regulations.
How regulatory boards choose the appropriate type of action
The Standard Three Stage Process: This action is appropriate when (1) it does not qualify as an exempt action, (2) the agency has no authority to promulgate an emergency regulation, and (3) some element of the action may be controversial. The thoroughness of the standard process will give all interested parties plenty of opportunity to scrutinize the proposed change and provide necessary feedback.
The Fast-track Process: Appropriate when an action expected to be noncontroversial. A rulemaking is deemed noncontroversial if no objections are received from (1) certain members of the General Assembly or (2) ten or more members of the public.
Emergency Regulations: The emergency process should be pursued when there is an imminent threat to public health or safety OR the authorizing legislation requires that a regulation be effective in 280 days or less from enactment and the regulation is not exempt.
Exempt Actions: Agency must implement regulatory action (no discretion is involved); the regulatory action involves minor changes, does not differ materially from federal law/regulations, relates to internal workings of the agency, or is otherwise listed as exempt.