Section 100. Final agency action date; effective date; statutory authority

A. An agency shall provide the date of final agency action and the effective date of a regulation when filing a regulation submission package for a fast-track or final regulatory action, or other equivalent action.

B. When Virginia law allows a regulation to be effective upon the filing of the regulation with the registrar, the agency ordinarily should select an effective date at least three business days after filing. This subsection does not apply to emergency regulations adopted pursuant to § 2.2-4011 of the Code of Virginia.

C. An agency shall provide the effective date and expiration date of an emergency regulation when filing the emergency regulation and accompanying regulation submission package. If the expiration date of the emergency regulation is extended, the agency shall notify the registrar within three business days of the Governor's approval of the extension.

D. Pursuant to § 2.2-4012 D of the Code of Virginia, a regulation shall contain the statutory authority for the regulation. An agency shall include in the regulatory submission package the complete citation for each statute or regulation that serves as the statutory authority, as follows:

1. For a codified Virginia statute, the citation shall be to the applicable section of the Code of Virginia.

2. For an uncodified Virginia statute, the citation shall be to the applicable chapter of the designated Act of Assembly.

3. When a regulation is required to conform with federal law or regulation, the agency shall provide a citation to the specific federal law or regulation to which conformity is required.

Historical Notes

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

Statutory Authority

§ 2.2-4104 of the Code of Virginia.