Section 40. Public comment

A. Whenever directed by statute or upon its own initiative, the agency may commence the regulation adoption process and proceed to draft a proposal according to these procedures.

B. In considering any nonemergency, exempt regulatory action, the board shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on Town Hall or through the State Board of Elections website.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; any economic impact analysis of the proposed regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

C. The agency shall accept public comments in writing after the publication of a regulatory action either on its website or on Town Hall and in the Virginia Register as follows:

1. For a minimum of 21 calendar days following the publication of the notice of proposed exempt regulatory action.

2. For a minimum of 21 calendar days following the publication of a reproposed regulation.

3. To the extent reasonably possible following the publication of a proposed emergency regulation.

4. For a minimum of 21 calendar days following the publication of a notice of periodic review.

5. Not later than 21 calendar days following the publication of a petition for rulemaking.

D. The agency may determine if any of the comment periods listed in subsection C of this section shall be extended or reduced if necessary.

E. If the board finds that one or more changes with substantial impact have been made to a proposed regulation, the board, in its discretion, may allow an additional period of time to solicit additional public comment on the changes.

Historical Notes

Derived from Volume 26, Issue 23, eff. July 19, 2010; amended, Virginia Register Volume 30, Issue 09, eff. December 30, 2013.

Statutory Authority

§ 24.2-103 of the Code of Virginia.