A. This chapter may be cited as the “Administrative Process Act.” B. The purpose of this chapter is to supplement present and future basic laws conferring authority on agencies either to make regulations or decide cases as well as to standardize court review thereof save as laws hereafter enacted may otherwise expressly provide. This chapter […]
As used in this chapter, unless the context requires a different meaning: “Agency” means any authority, instrumentality, officer, board or other unit of the state government empowered by the basic laws to make regulations or decide cases. “Agency action” means either an agency’s regulation or case decision or both, any violation, compliance, or noncompliance with […]
A. Although required to comply with § 2.2-4103 of the Virginia Register Act (§ 2.2-4100 et seq.), the following agencies shall be exempted from the provisions of this chapter, except to the extent that they are specifically made subject to §§ 2.2-4024, 2.2-4030, and 2.2-4031: 1. The General Assembly. 2. Courts, any agency of the […]
A. Guidance documents shall be exempt from the provisions of this chapter, pursuant to this section. 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. B. The agency that develops a guidance document shall […]
In all proceedings under § 2.2-4019 or 2.2-4020 venue shall be in the city or county where the administrative agency maintains its principal office or as the parties may otherwise agree. In all proceedings under § 2.2-4026, venue shall be as specified in subdivision 1 of § 8.01-261. 1975, c. 503, § 9-6.14:5; 1977, c. […]
The provisions of regulations adopted under this chapter or the application thereof to any person or circumstances that are held invalid shall not affect the validity of other regulations, provisions or applications that can be given effect without the invalid provisions or applications. The provisions of all regulations are severable unless (i) the regulation specifically […]
A. The Joint Legislative Audit and Review Commission shall conduct a review periodically of the exemptions authorized by this chapter. The purpose of this review shall be to assess whether there are any exemptions that should be discontinued or modified. B. Beginning November 1, 2017, the Joint Commission on Administrative Rules shall conduct a review […]
