Virginia Regulatory Town Hall
Department of General Services
Department of General Services
Regulations Banning Concealed Firearms in Offices Occupied by Executive Branch Agencies [1 VAC 30 ‑ 105]
Action Promulgation of new regulation banning concealed firearms in executive branch agency offices
Stage Emergency/NOIRA
Comment Period Ended on 1/27/2016
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12/15/15  1:03 am
Commenter: Kevin Hildebeidel

Action fails to adhere to administrative process; lacks necessary findings and statutory authority

There is no agency finding or request underlying this action as required by the Code of Virginia.  Findings and requests are required by the cited provisions so that a record is made available for review.  Without any record, facts, or evidence, no lawful findings exist to support the rulemaking process.  All of the foregoing demonstrate the process cannot proceed and must be rejected.  The specific statutes are:

First, § 2.2-4011. Emergency regulations; publication; exceptions.
A. Regulations that an agency finds are necessitated by an emergency situation may be adopted by an agency upon consultation with the Attorney General, which approval shall be granted only after the agency has submitted a request stating in writing the nature of the emergency, and the necessity for such action shall be at the sole discretion of the Governor.

This section requires an agency finding of necessity and an actual emergency situation.  The agency must submit the request in writing to the Governor who can then determine the necessity.  This did not occur here as the Governor appears to have simply demanded action. No agency request exists, therefore the statute is not triggered and the required record does not exist for review.  This is flat-out illegal.

Second,  § 2.2-1100. Creation of Department; appointment of Director; duties.
A. There is created a Department of General Services (the Department), which shall be headed by a Director appointed by the Governor to serve at his pleasure.

B. The Director of the Department shall, under the direction and control of the Governor, exercise the powers and perform the duties conferred or imposed upon him by law and perform such other duties as may be required by the Governor. The Director shall be responsible for the overall supervision of the Department's divisions, programs and personnel. Under his direction the Department shall serve as an agency whose services are primarily for the support of other state agencies in carrying out their programs. 

The Director of the DGS has not been granted the independent legal authority or power to originate legislative-type actions nor does it have more power than the Governor.  As previously addressed, there is no Constitutional or statutory authority for the Governor to take such action.  He would have been required to submit such action to the Legislature under the Constitution of Virginia Article V Executive. Again, this did not occur, therefore the action is Unconstitutional.

The proposed rulemaking is a violation of the laws governing the rulemaking process, lacks any discernable agency request or findings, lacks Constitutional authority and must be rejected.

CommentID: 43437