Regulatory Actions and Stages
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Standard Three Stage Process
1. Notice of Intended Regulatory Action (NOIRA):
The public receives notification that a regulatory change is being considered, along with
a description of the changes being considered. Once this stage is published in The
Virginia Register of Regulations and appears on the Town Hall, there is at least a
30-day period during which the agency receives comments from the public. The agency reviews
these comments as it develops the proposed regulation.
The public is provided with the full text of the regulation, a statement explaining
the substance of the regulatory action, and an Economic Impact Analysis (EIA) prepared
by the Department of Planning and Budget. Once the proposed stage is published in
The Virginia Register of Regulations and appears on the Town Hall, there is at
least a 60-day public comment period. Based on the comments received, the agency may
modify the proposed text of the regulation. The agency also provides a summary of
comments that have been received during the NOIRA period, and the agency's response.
The public is provided with the full text of the regulation, this time with an
explanation of any changes made to the text of the regulation since the proposed
stage. Once the final stage is published in The Virginia Register of Regulations
and appears on the Town Hall, there is a 30-day final adoption period.
More details about the standard three stage process
See a chart of the standard stage process
See section 2.2-4007 to 4017 of the Administrative Process act.
Emergency regulations are effective for up to two years. Usually, an agency will
promulgate an emergency regulation and, at the same time, begin a regulatory
action for a permanent replacement regulation.
More details about the emergency regulatory process.
See a chart of the emergency regulatory process.
See section 2.2-4011 of the Administrative Process Act.
The fast-track rulemaking process is for rules that are expected to be noncontroversial.
More details about the Fast-Track process.
See a chart of the Fast-track regulatory process.
See section 2.2-4012.1 of the Code of Virginia.
Some regulatory actions are exempt from
the regulatory process described above: actions of exempt agencies, regulations
setting rates or prices or relating to internal agency working, and regulations with
technical changes or changes to strictly conform to changes in federal or state law.
Most exempt regulations are published in final form only, however, some exempt actions
can include notice and publication of a proposed text.
More details about exempt regulations.
See section 2.2-4002 and section 2.2-4006 of the Administrative Process Act.