Proposed Text
The purpose of this chapter is to promote public involvement in the development, amendment, or repeal of the regulations of the Department of Fire Programs. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
The purpose of this chapter is to promote public involvement when the Department of Fire Programs develops, amends, or repeals its regulations. This chapter does not apply to any regulations, guidelines, or other documents that are exempt from the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.
B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.
C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.
D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.
E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.
A. The agency shall maintain a list of persons requesting notification of regulatory actions.
B. A person may join the notification list by either registering as a public user on the Town Hall or making a request to the agency. The request must indicate a preference for electronic or postal mail notifications.
C. The agency may maintain additional lists for persons requesting information about specific regulatory matters.
D. The agency may remove a person from the list if electronic mail is returned as undeliverable multiple times at least 24 hours apart. A single undeliverable message is not sufficient cause for removal.
E. The agency may remove a person from the list if postal mail is returned as undeliverable multiple times.
F. The agency may periodically ask persons on the list to confirm their notification preferences or request removal.
A. To persons electing to receive electronic notification or notification through a postal carrier as described in 19VAC15-11-30, the agency shall send the following information:
1. A notice of intended regulatory action (NOIRA).
2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.
B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.
A. The agency shall notify interested persons who have requested electronic or postal notifications under 19VAC15-11-30 of the following:
1. A notice of intended regulatory action (NOIRA).
2. A notice of comment periods for proposed, reproposed, or fast-track regulations, including information on how to obtain copies of the regulation and supporting documents.
3. A notice requesting comments on final regulations when the regulatory process has been extended under § 2.2-4007.06 or § 2.2-4013 C of the Code of Virginia.
B. A person's failure to receive any notice or documents does not affect the validity of any regulation or regulatory action.
A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.
B. A petition shall include but is not limited to the following information:
1. The petitioner's name and contact information;
2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
3. Reference to the legal authority of the agency to take the action requested.
C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.
D. The petition shall be posted on the Town Hall and published in the Virginia Register.
E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.
A. Any person may petition the agency to consider a regulatory action under § 2.2-4007 of the Code of Virginia.
B. A petition should include, but is not limited to:
1. The petitioner's name and contact information;
2. The substance and purpose of the requested rulemaking, with reference to applicable Virginia Administrative Code sections; and
3. Reference to the agency's legal authority for the requested action.
C. The agency shall receive, consider and respond to petitions pursuant to § 2.2-4007 and shall have the sole authority to dispose of petitions.
D. The agency will post petitions on the Town Hall and publish them in the Virginia Register.
E. The agency may receive information or proceed with rulemaking on its own motion.
A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.
B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.
C. A RAP may be dissolved by the agency if:
1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.
A. The agency may appoint a regulatory advisory panel (RAP) to provide professional expertise or technical assistance when needed for specific regulatory matters or when individuals express interest in contributing to regulatory development.
B. Any person may request the appointment of a RAP and ask to participate. The agency shall determine if and when to appoint a RAP and select its members.
C. The agency may dissolve a RAP when:
1. The proposed regulation text is posted on the Town Hall, published in the Virginia Register, or at another appropriate time; or
2. The agency determines the regulatory action is exempt or excluded from Administrative Process Act requirements.
A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.
B. An NRP that has been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated with the development of the regulation;
2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
3. The agency determines that resolution of a controversy is unlikely.
A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.
B. The agency may dissolve an appointed NRP when:
1. The controversy associated with the development of the regulation no longer exists;
2. The agency determines the regulatory action is exempt or excluded from Administrative Process Act requirements; or
3. The agency determines controversy resolution is unlikely.
A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.
C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:
1. The agency's basic law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a public hearing; or
3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.
D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.
A. The agency must state in its notice of intended regulatory action whether it plans to hold a public hearing after publishing the proposed regulation.
B. The agency may hold public hearings during the comment period following publication of a proposed regulation.
C. The agency must hold a public hearing when:
1. Required by the agency's basic law;
2. Directed by the Governor; or
3. Requested by at least 25 persons during the public comment period following publication of the notice of intended regulatory action.
D. The agency must post notice of any public hearing on the Town Hall and Commonwealth Calendar at least seven working days before the hearing date. The agency must also notify any persons who requested a hearing under subdivision C 3 of this section.
A. The agency shall conduct a periodic review of its regulations consistent with:
1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.
B. A periodic review may be conducted separately or in conjunction with other regulatory actions.
C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.
A. The agency shall conduct periodic reviews of regulations according to:
1. Executive orders issued under § 2.2-4017 of the Administrative Process Act to evaluate existing regulations' effectiveness, efficiency, necessity, clarity, and compliance costs.
2. The requirements in § 2.2-4007.1 regarding regulatory flexibility for small businesses.
B. A periodic review may occur separately or with other regulatory actions.
C. Notice of periodic reviews shall be posted on the Town Hall and published in the Virginia Register.