Exempt regulatory actions
Some regulatory actions are exempt from the regulatory process described above: actions of exempt agencies, regulations setting rates or prices or relating to internal agency working, and regulations with technical changes or changes to strictly conform to changes in federal or state law. Most exempt regulations are published in final form only, however, some exempt actions can include notice and publication of a proposed text.
See section 2.2-4002 and section 2.2-4006 of the Administrative Process Act.
- When is an exempt regulatory action appropriate?
- Which type of exempt action regulatory action do I submit on the Town Hall?
- How to create an exempt action and submit to the Registrar's office
When is an exempt regulatory action appropriate?
If your action is exempt pursuant to § 2.2-4002 or § 2.2-4006 of the Code of Virginia, it is usually appropriate to file an exempt regulatory action. These types of regulatory actions include:
- Regulations that establish or prescribe agency organization, internal practice, or procedures, including delegations of authority.
- Regulations that consist only of changes in style or form or corrections of technical errors.
- Minor changes to regulations published in the Virginia Administrative Code under the Virginia Register Act.
- Regulations that are: (1) necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved, (2) required by order of any state or federal court of competent jurisdiction where no agency discretion is involved; OR (3) necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by federal law or regulation, and the Registrar has so determined in writing.
In addition, if your agency is exempt pursuant to § 2.2-4002(A) of the Code of Virginia, it is appropriate to file an exempt regulatory action for those subject areas that fall under the exemption. Exempt agencies include:
- The General Assembly
- The Courts
- Department of Game and Inland Fisheries in promulgating certain regulations
- The Virginia Housing Development Authority
- Municipal corporations, counties, and all local, regional or multi-jurisdictional authorities
- Certain regulations of educational institutions operated by the Commonwealth
- The Milk Commission in promulgating certain regulations
- The Virginia Resources Authority
- Agencies expressly exempted by any other provision of the Code of Virginia
- The Virginia Voluntary Formulary Board in its work on the formulary
- The Department of General Services in promulgating certain regulations
- The State Council of Higher Education for Virginia in regarding to certain guidelines
- The Commissioner of Agriculture and Consumer Services in adopting certain regulations
- The Board of Optometry in promulgating certain regulations
- The Virginia War Memorial Foundation
- Some actions of The Virginia Medicaid Prior Authorization Advisory
- The State Board of Education in regard to certain guidelines
- The Virginia Racing Commission in promulgating certain regulations
- The Virginia Small Business Financing Authority
- The Virginia Economic Development Partnership Authority
- The Insurance Continuing Education Board
- The Board of Health in promulgating certain regulations
Which type of regulatory action do I submit on the Town Hall?
There are two types of exempt regulatory actions that you can file on the Town Hall: (1) an “Exempt Action–Proposed” regulatory action or (2) an “Exempt Action–Final” regulatory action. Whether you submit an “Exempt Action–Proposed” package or an “Exempt Action–Final” package is determined by the Administrative Process Act or your agency’s basic authorizing statute.
How to create an exempt action and submit to the Registrar's office
See the instructions for starting a regulatory action and make sure you select "YES" when asked if this regulatory action is exempt from executive branch review.
Being exempt from the Administrative Process Act, means that no executive branch review is required. As soon as you create the Proposed or Final stage and upload your agency statement and attach your regulatory text, you can click on the "Submit to Registrar" button from the "Stage Information" page and enter the following information.
- Publication Information: The Town Hall will retrieve information for the next available publication date of The Virginia Register. You should use this date unless you have some reason for choosing a later publication date in which case there is a link where you can review the publication schedule.
- Comment End Date: The public comment forum will begin the date this stage is published. You can leave the comment end date blank and the standard length of 30 days will apply. You can extend the comment period by entering a later date, but you cannot shorten it.
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Final Effective Date: For a Final stage enter the date this regulatory change will become effective.
Your regulation will become effective 30 days after publication in the Register or at a later date as specified by you unless the action is suspended by the Governor, the General Assembly, or by a request from 25 or more persons, pursuant to §§ 2.2-4013 (D), 2.2-4014(B), and 2.2-4007 (J) of the Code of Virginia.
Click on the "Submit to Registrar" button at the bottom of the screen to complete the submission. You should get a confirmation screen showing who will receive email notification of the submission. You may wish to print this out for your records. A new item will be created under the "Documents" tab of this stage entitled "Transmittal Sheet." This is a copy of the transmittal sheet that the Town Hall generated in the notification to the Registrar's office. This may be useful for reference in the event that further communication with the Registrar's office is required.