Exempt regulatory actions
Some regulatory actions are exempt from the regulatory process described above. Most exempt regulations are published in final form only, however, some exempt actions can include notice and publication of a proposed text.
See section 2.2-4002 and section 2.2-4006 of the Administrative Process Act.
- When is an exempt regulatory action appropriate?
- Which type of exempt action regulatory action do I submit on the Town Hall?
- How to create an exempt action and submit to the Registrar's office
When is an exempt regulatory action appropriate?
If your action is exempt pursuant to § 2.2-4002 or § 2.2-4006 of the Code of Virginia, it is a best practice to file an exempt regulatory action.
In addition, if your agency is exempt pursuant to § 2.2-4002(A) of the Code of Virginia, it is best practice to file an exempt regulatory action for those subject areas that fall under the exemption.
Which type of regulatory action do I submit on the Town Hall?
There are two types of exempt regulatory actions that you can file on the Town Hall: (1) an “Exempt Action–Proposed” regulatory action or (2) an “Exempt Action–Final” regulatory action. Whether you submit an “Exempt Action–Proposed” package or an “Exempt Action–Final” package is determined by the Administrative Process Act or your agency’s basic authorizing statute.
How to create an exempt action and submit to the Registrar's office
See the instructions for starting a regulatory action and make sure you select "YES" when asked if this regulatory action is exempt from executive branch review.
As soon as you create the Proposed or Final stage and upload your agency statement and attach your regulatory text, you can click on the "Submit to Registrar" button from the "Stage Information" page and enter the following information.
- Publication Information: The Town Hall will retrieve information for the next available publication date of The Virginia Register. You should use this date unless you have some reason for choosing a later publication date in which case there is a link where you can review the publication schedule.
- Comment End Date: The public comment forum will begin the date this stage is published. You can leave the comment end date blank and the standard length of 30 days will apply. You can extend the comment period by entering a later date, but you cannot shorten it.
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Final Effective Date: For a Final stage enter the date this regulatory change will become effective.
Your regulation will become effective 30 days after publication in the Register or at a later date as specified by you unless the action is suspended by the Governor, the General Assembly, or by a request from 25 or more persons, pursuant to §§ 2.2-4013 (D), 2.2-4014(B), and 2.2-4007 (J) of the Code of Virginia.
Click on the "Submit to Registrar" button at the bottom of the screen to complete the submission. You should get a confirmation screen showing who will receive email notification of the submission. You may wish to print this out for your records. A new item will be created under the "Documents" tab of this stage entitled "Transmittal Sheet." This is a copy of the transmittal sheet that the Town Hall generated in the notification to the Registrar's office. This may be useful for reference in the event that further communication with the Registrar's office is required.