Before submitting a regulatory action
What type of regulatory action do I file?
|Action Type||Description||Code of VA|
|Standard (NOIRA, proposed, final stages)||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) the proposal may be controversial.||§2.2-4007 to 4017|
|Fast-track||For rulemaking 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.||§ 2.2-4012.1|
|Emergency||There is an imminent threat to public health or safety and the regulation is not exempt OR the authorizing legislation requires that a regulation be effective in 280 days or less from enactment and the regulation is not exempt.||§ 2.2-4011|
|Exempt||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.||
§ 2.2-4002 and
Other important considerationsDetermine whether your regulatory action involves:
- promulgating a brand new regulation, or
- promulgating a brand new regulation and repealing an existing regulation, or
- promulgating a brand new regulation and amending an existing regulation(s), or
- amending or repealing an existing regulation, or
- amending more than one existing regulation.
If you are adding a stage to an existing regulatory action, you do not need to start a new action. Just go to the "Stages" tab and use the scroll menu to create a new stage for the action.