Section 140. Incorporation by reference permitted

Part III. Adoption of Textual Matter by Incorporation by Reference

A. A regulation may adopt textual matter by reference to all or any part of a publication or document. For the purposes of this part, a publication and a document are interchangeable. The material in the document becomes the text of the regulation and an enforceable part of the regulation.

B. The agency must comply with the provisions of 1VAC7-10-150 and 1VAC7-10-160 when incorporating a document by reference except as provided in 1VAC7-10-170.

C. Effective January 1, 2016, an agency may not adopt prospective changes to an incorporated document by referring to a future edition or revision of the document or by using "as updated," "as may be amended," "future editions," or similar language. When a document that an agency has incorporated by reference subsequently is modified by the publisher, the agency may adopt the modification but shall do so through a regulatory action. However, when an agency incorporates by reference provisions of the Code of Virginia, the Virginia Acts of Assembly, or the Virginia Administrative Code into a regulation, future amendments to the incorporated provisions are included unless other intent is specifically stated in the regulation.

D. Effective January 1, 2016, an agency may not incorporate one of its own documents by reference unless the agency establishes that the documents or circumstances are unique and highly unusual.

Historical Notes

Derived from Volume 32, Issue 09, eff. January 1, 2016.

Statutory Authority

§ 2.2-4104 of the Code of Virginia.