Current with changes from the 2024 legislative session through ch. 845
Section 2.2-4007 - Petitions for new or amended regulations; opportunity for public commentA. Any person may petition an agency to request the agency to develop a new regulation or amend an existing regulation. The petition shall state (i) the substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections, and (ii) reference to the legal authority of the agency to take the action requested.B. Within 14 days of receiving a petition, the agency shall send a notice identifying the petitioner, the nature of the petitioner's request and the agency's plan for disposition of the petition to the Registrar for publication in the Virginia Register of Regulations in accordance with the provisions of subsection B of § 2.2-4031.C. A 21-day period for acceptance of written public comment on the petition shall be provided after publication in the Virginia Register. The agency shall issue a written decision to grant or deny the petitioner's request within 90 days following the close of the comment period. However, if the rulemaking authority is vested in an entity that has not met within that 90-day period, the entity shall issue a written decision no later than 14 days after it next meets. The written decision issued by the agency shall include a statement of its reasons and shall be submitted to the Registrar for publication in the Virginia Register of Regulations. Agency decisions to initiate or not initiate rulemaking in response to petitions shall not be subject to judicial review.1984, c. 5, § 9-6.14:7.1; 1985, c. 602; 1989, c. 71; 1991, c. 488; 1993, cc. 898, 944; 1994, c. 938; 1995, cc. 25, 677, 717, 790; 1997, c. 87; 2001, c. 844; 2002, cc. 241, 391, 747; 2003, c. 224; 2005, cc. 619, 682; 2007, cc. 873, 916.Amended by Acts 2007, cc. 873,916.Amended by Acts 2005, cc. 619, 682.Amended by Acts 2003, c. 224.Amended by Acts 2002, cc. 241,391, 747.Amended by Acts 2001, c. 844.Amended by Acts 1997, c. 87.Amended by Acts 1995, cc. 25, 677, 717, 790.Amended by Acts 1994, c. 938.Amended by Acts 1993, cc. 898, 944.Amended by Acts 1991, c. 488.Amended by Acts 1989, c. 71.Amended by Acts 1985, c. 602.Amended by Acts 1984, c. 5, §9-6.14:7.1.