After starting a requlatory action
- How do I add a stage to an existing regulatory action?
- Executive branch review
- What if changes with "substantial impact" have been made between the proposed and final stage
How do I add a stage to an existing regulatory action?
Step 1: You can add a stage to an existing regulatory action by clicking on the "My Current Actions" link under agency functions on the blue menu bar to the left of the screen. This will take you to the Current Actions page listing all of your agency’s actions currently underway.
Step 2: Click on the "Action" link of the action for which you wish to add a stage. This will take you to the Action Information page.
Step 3: Click on the Stages tab. Use the "drop-down" box to select the stage you wish to enter. Depending on which stage you choose, you will be taken to the screen for entering the data needed for submitting that stage.
See the action types page for an understanding of the different types of stages.
Executive branch review
Office of the Attorney General (OAG)
The OAG must prepare a letter of assurance (stating that the promulgating entity has statutory authority) for the following stages: proposed, fast-track and emergency. The OAG has no legally imposed time frame within which to complete its review.
Department of Planning and Budget (DPB)
A policy analysis is completed at every stage of non-exempt regulatory actions. Policy analyses are required pursuant to Executive Order 17 (2014). Once a regulatory package is submitted to DPB on the Town Hall, DPB has 14 days to complete its analysis for emergency and NOIRA stages, 45 days for a proposed stage, 30 days for a fast-track stage, and 14 days for a final stage.
An economic impact analysis (EIA) is completed at the proposed stage of non-exempt regulatory actions, as well for fast-track regulations. EIAs are required pursuant to § 2.2 4007.04 of the Code of Virginia. Once a proposed stage regulatory package is submitted to DPB on the Town Hall, DPB has 45 days to complete an economic impact analysis. Once a fast-track stage regulatory package is submitted to DPB on the Town Hall, DPB has 30 days to complete an economic impact analysis.
It is DPB’s practice to make an agency aware of, and try to resolve during a stage, any issues that DPB has identified regarding a regulation. Sometimes it is not possible to resolve these problems within the period allotted to DPB to complete its review, e.g., the agency agrees a change is appropriate but needs time to revise the proposed text of the regulation and/or the proposed text may not be changed without formal approval by the board. In these cases, it is common for an agency to retract the stage or action from the Town Hall in order to fix any problems, and then to resubmit the stage or action at a later date.
For non-exempt regulatory stages, a Cabinet Secretary shall review and forward a recommendation to the Governor within seven days for a NOIRA, 14 days for a proposed regulation package, and seven days for a final regulation package.
The Governor’s office has no legally imposed time frame within which to complete its review of non-exempt regulatory stages.