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2011 SESSION

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HB 1939 Administrative Process Act; timing for filing certain regulations.

Introduced by: Albert C. Pollard, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Regulations promulgated when mandated by statute; requirements.  Requires agencies, for regulatory changes that are nondiscretionary and necessary to conform to a change in law, to file the updated regulations with the Registrar of Regulations within 90 days of the law's effective date.  The bill also requires the filing of a Notice of Intended Regulatory Action within 120 days of a law's effective date whenever a Virginia statutory change necessitates a change to, or repeal of, all or a portion of a regulation, or the adoption of a new regulation.

SUMMARY AS INTRODUCED:

Regulations promulgated when mandated by statute; requirements.  Requires agencies to respond to legislation passed by the  General Assembly by filing a Notice of Intended Regulatory Action within 60 days of the effective date of such action. Further, the agency is required to have such regulations formally and finally approved and filed with and published in the Registrar within 365 days. A notice requirement is provided for agencies unable to comply. The bill also modifies the requirement for the Governor's executive order on regulations to include procedures to ensure that regulations are promulgated within the 365-day time frame in order to meet the legislative objective. The bill contains technical amendments.