2.2-4014 - Legislative review of proposed and final regulations.
§ 2.2-4014. Legislative review of proposed and final regulations.
A. After publication of the Register pursuant to § 2.2-4031, the standingcommittee of each house of the General Assembly to which matters relating tothe content of the regulation are most properly referable or the JointCommission on Administrative Rules may meet and, during the promulgation orfinal adoption process, file with the Registrar and the promulgating agencyan objection to a proposed or final adopted regulation. The Registrar shallpublish any such objection received by him as soon as practicable in theRegister. Within 21 days after the receipt by the promulgating agency of alegislative objection, that agency shall file a response with the Registrar,the objecting legislative committee or the Joint Commission on AdministrativeRules, and the Governor. If a legislative objection is filed within the finaladoption period, subdivision A 1 of § 2.2-4015 shall govern.
B. In addition or as an alternative to the provisions of subsection A, thestanding committee of both houses of the General Assembly to which mattersrelating to the content are most properly referable or the Joint Commissionon Administrative Rules may suspend the effective date of any portion or allof a final regulation with the Governor's concurrence. The Governor and (i)the applicable standing committee of each house or (ii) the Joint Commissionon Administrative Rules may direct, through a statement signed by a majorityof their respective members and by the Governor, that the effective date of aportion or all of the final regulation is suspended and shall not take effectuntil the end of the next regular legislative session. This statement shallbe transmitted to the promulgating agency and the Registrar within the 30-dayadoption period, and shall be published in the Register.
If a bill is passed at the next regular legislative session to nullify aportion but not all of the regulation, then the promulgating agency (i) maypromulgate the regulation under the provision of subdivision A 4 a of §2.2-4006, if it makes no changes to the regulation other than those requiredby statutory law or (ii) shall follow the provisions of §§ 2.2-4007.01through 2.2-4007.06, if it wishes to also make discretionary changes to theregulation. If a bill to nullify all or a portion of the suspendedregulation, or to modify the statutory authority for the regulation, is notpassed at the next regular legislative session, then the suspended regulationshall become effective at the conclusion of the session, unless the suspendedregulation is withdrawn by the agency.
C. A regulation shall become effective as provided in § 2.2-4015.
D. This section shall not apply to the issuance by the State Air PollutionControl Board of variances to its regulations.
(1984, c. 5, § 9-6.14:9.2; 1993, cc. 551, 772; 2001, c. 844; 2002, c. 677;2003, c. 212; 2004, c. 777; 2007, cc. 873, 916.)