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Since more than 180 days have passed since the end of the NOIRA stage, a Time Frame Waiver must be granted by the Governor's office.

This waiver was requested on 8/20/2012

Agency Reason: The public comment period for the Notice of Intended Regulatory Action ended on February 15, 2012. On June 15, 2012, the State Board of Health approved proposed Regulations for Licensure of Abortion Facilities. On July 16, 2012, the State Health Commissioner received a memorandum from the Office of the Attorney General advising that "...this Office can not certify these regulations." Executive Order 14 states that "In addition to the information on the regulation background form, the agency shall also include in the regulatory package a memorandum from the Office of the Atttorney General (OAG) certifying that the agency has legal authority to promulgate the regulation being proposed." VDH currently does not have such a memorandum from the OAG, and therefore and is not authorized, in accordance with Executive Order 14, to submit the proposed regulations to the Department of Planning and Budget. The 180 day period for submission of the proposed regulations to DPB expired on August 15, 2012. The proposed regulations for the licensure of abortion facilities will be again placed on the Board's agenda for consideration at its next meeting to be held on September 14, 2012.

The request was removed from the Gov�s pending list and information about missed time frame deadline will now be included in the agency�s annual report about such events