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2018 SESSION

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HB 297 Administrative Process Act; exempts certain guidance documents from Act.

Introduced by: David L. Bulova | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Administrative Process Act; guidance documents. Exempts guidance documents, defined in the bill, from the requirements of the Administrative Process Act (§ 2.2-4000 et seq.), provided that the agency that developed the guidance document certifies that the document conforms to the definition of a guidance document. Each guidance document is then subject to a 30-day public comment period through the Virginia Regulatory Town Hall website, after publication in the Virginia Register of Regulations and prior to the effective date of the document. If a comment received during the public comment period asserts that the guidance document is contrary to state law or regulation or that it should not be exempt, the effective date of the guidance document shall be delayed an additional 30 days, during which time the agency shall address the comments and provide a response in writing. The bill also provides that guidance documents do not include agency (i) rulings and advisory opinions, (ii) forms and instructions, (iii) bulletins and legislative summaries, (iv) studies and reports, and (v) internal manuals and memoranda. The bill has a delayed effective date of January 1, 2019.

SUMMARY AS PASSED HOUSE:

Administrative Process Act; guidance documents. Exempts guidance documents, defined in the bill, from the requirements of the Administrative Process Act (§ 2.2-4000 et seq.), provided that the agency that developed the guidance document certifies that the document conforms to the definition of a guidance document. Each guidance document is then subject to a 30-day public comment period through the Virginia Regulatory Town Hall website, after publication in the Virginia Register of Regulations and prior to final publication by the agency. If a comment received during the public comment period asserts that the guidance document is contrary to state law or regulation or that it should not be exempt, the adoption of the guidance document shall be delayed an additional 30 days, during which time the agency shall address the comments and provide a response in writing. The bill also provides that guidance documents do not include agency (i) rulings and advisory opinions, (ii) forms and instructions, (iii) bulletins and legislative summaries, (iv) studies and reports, and (v) internal manuals and memoranda.

SUMMARY AS INTRODUCED:

Administrative Process Act; guidance documents. Exempts guidance documents, defined in the bill, from the requirements of the Administrative Process Act (§ 2.2-4000 et seq.), provided that the agency that developed the guidance document certifies that it does not exceed the provisions of state law and regulation and states whether or not the guidance document has a significant economic impact to the citizens of the Commonwealth. If the economic impact is certified as insignificant, the guidance document is subject to a 30-day public comment period through publication in the Virginia Register of Regulations prior to final adoption. If the economic impact is certified as significant, the public participation guidelines under Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act shall apply prior to adoption of the guidance document. If a comment received during the public comment period asserts that the guidance document is contrary to state law or regulation or that it should not be exempt, the adoption of the guidance document shall be delayed an additional 30 days, during which time the agency shall address the comments and provide a response in writing.