CHAPTER 10
PUBLIC PARTICIPATION GUIDELINES (REPEALED)

1VAC50-10-60. Purpose and authority. (Repealed.)

This chapter establishes public participation guidelines for soliciting input from interested parties in the formation, development and revision of regulations by the Commission on Local Government. These guidelines are required under §2.2-4007 of the Administrative Process Act. The guidelines do not apply to any regulations adopted on an emergency basis or to other regulations excluded from the operation of Article 2 (§2.2-4006 et seq.) of the Administrative Process Act.

Statutory Authority

§§2.2-4007 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-10-70. Definitions. (Repealed.)

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Commission" means the Commission on Local Government.

"Person or persons" means an individual, a corporation, a partnership, an association, a government body, a municipal corporation, a political subdivision, or any other legal entity.

Statutory Authority

§§2.2-4007 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-10-80. Initiation of regulation development procedures. (Repealed.)

A. The commission may, by majority vote of its membership, announce a decision to propose amendments to its regulations at any regular or special meeting.

B. Any person may petition the commission to promulgate new regulations or to amend existing regulations subject to §2.2-4007 A of the Code of Virginia. The commission shall consider and respond to the petition pursuant to §2.2-4007 A of the Code of Virginia within 90 days of receipt. The commission shall have sole authority to dispose of the petition.

Statutory Authority

§§2.2-4007 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-10-90. Notification lists. (Repealed.)

A. The commission shall establish and maintain lists of persons who shall be mailed the following documents, or notification of how to obtain a copy of the documents electronically, as they become available:

1. Notice of Intended Regulatory Action to promulgate, amend or repeal regulations.

2. Notice of Comment Period and public hearings.

3. Notice that final regulations have been adopted.

B. Failure of a person to receive the documents or notification for any reason shall not affect the validity of any regulations otherwise properly adopted by the commission under the Administrative Process Act.

Statutory Authority

§§2.2-4007 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-10-100. Placement on the notification list; deletion. (Repealed.)

A. The notification list maintained by the commission shall include, as a minimum, the following:

1. The Virginia Municipal League and the Virginia Association of Counties;

2. Any law firm, consulting entity, or other intermediary that is known by the commission to have represented or to have prepared data, exhibits, or testimony for any party previously appearing before it; and

3. Any firm, group, association, or other entity that has advised the commission of interest in its work.

B. Any other person wishing to be placed on the notification list may do so by electronic notification or by writing the commission. In addition, the commission at its discretion may add to the list any person it believes will serve the purpose of responsible participation in the formulation or promulgation of regulations. Moreover, the commission may use the mailing list maintained by the Virginia Regulatory Town Hall of persons interested in the regulations of the commission. Each person on the list will be provided all information stated in 1VAC50-10-90. A person or persons may be requested periodically to indicate their desire to continue to receive documents or be deleted from the list. When mail is returned as undeliverable, the person will be deleted from the list. When electronic notifications are returned as undeliverable over two 24-hour periods at least one week apart, the person may be deleted from the list.

Statutory Authority

§§2.2-4007 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-10-110. Notice of intent. (Repealed.)

At least 30 days prior to filing the Notice of Comment Period and proposed regulations as required by §2.2-4007 of the Code of Virginia, the commission will publish a Notice of Intended Regulatory Action. This notice will provide at least a 30-day comment period and shall state whether the commission intends to hold a public hearing. Further, the notice shall describe the subject matter and intent of the planned regulation. Such notice shall be transmitted to the Registrar of Regulations for inclusion in The Virginia Register of Regulations and on the Virginia Regulatory Town Hall.

Statutory Authority

§§2.2-4007 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-10-120. Informational proceedings or public hearings for existing regulations. (Repealed.)

Within two years of the promulgation of a regulation, the commission shall evaluate it for effectiveness and continued need. The commission shall conduct an informal proceeding, which may take the form of a public hearing, to receive public comment on existing regulations. Notice of such proceedings shall be transmitted to the Registrar of Regulations for inclusion in The Virginia Register of Regulations and on the Virginia Regulatory Town Hall. Such proceedings may be held separately or in conjunction with any other meeting of the commission.

Statutory Authority

§§2.2-4007 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-10-130. Notice of formulation and adoption. (Repealed.)

At any meeting of the commission where it is anticipated the formation or adoption of a regulation will occur, the subject matter shall be transmitted to the Registrar of Regulations for inclusion in the Virginia Register of Regulations and on the Virginia Regulatory Town Hall.

If one or more changes have substantial impact on a regulation, then any person may petition the commission within 30 days from the publication of the final regulation to request an opportunity for oral or written submittals on the changes to the regulation. If the commission receives requests from at least 25 persons for an opportunity to make oral or written comments, then the commission shall suspend the regulatory process for 30 days to solicit additional public comment, unless the commission determines that the changes made are minor or inconsequential in their impact or are exempt from the Administrative Process Act as defined by §2.2-4006 of the Code of Virginia.

If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may suspend the regulatory process for 30 days to require the commission to solicit further public comment on the changes to the regulation.

A draft of the commission's summary description of public comment shall be sent by the agency to all public commenters on the proposed regulation at least five days before final adoption of the regulation.

Statutory Authority

§§2.2-4007 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-10-140. Advisory committees. (Repealed.)

The commission may appoint an ad hoc advisory committee as it deems necessary to provide adequate participation in the formation, promulgation, adoption, and review of regulations. The advisory committee shall only provide recommendations to the agency and shall not participate in any final decision-making actions on a regulation.

When identifying potential advisory committee members, the commission may use the lists of persons who have previously participated in public proceedings concerning this or a related issue.

Statutory Authority

§§2.2-4007 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-10-150. Applicability. (Repealed.)

1VAC50-10-80, 1VAC50-10-90, 1VAC50-10-100, 1VAC50-10-120, and 1VAC50-10-130 shall apply to all regulations promulgated and adopted in accordance with §2.2-4012 of the Code of Virginia, except those regulations promulgated in accordance with §§2.2-4002, 2.2-4006, 2.2-4011, 2.2-4012.1, 2.2-4018, or 2.2-4025 of the Code of Virginia.

Statutory Authority

§§2.2-4007 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Volume 25, Issue 2, eff. October 29, 2008.

CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES

Part I
Purpose and Definitions

1VAC50-11-10. Purpose.

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Commission on Local Government. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§§2.2-4007.02 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-11-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Commission on Local Government, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by §2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§2.2-4031 et seq.) of the Administrative Process Act.

Statutory Authority

§§2.2-4007.02 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Part II
Notification of Interested Persons

1VAC50-11-30. Notification list.

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

Statutory Authority

§§2.2-4007.02 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-11-40. Information to be sent to persons on the notification list.

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 1VAC50-11-30, the agency shall send the following information:

1. A notice of intended regulatory action (NOIRA).

2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to §2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

Statutory Authority

§§2.2-4007.02 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Part III
Public Participation Procedures

1VAC50-11-50. Public comment.

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

2. For a minimum of 60 calendar days following the publication of a proposed regulation.

3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with §2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to §2.2-4012 E of the Code of Virginia.

Statutory Authority

§§2.2-4007.02 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-11-60. Petition for rulemaking.

A. As provided in §2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

1. The petitioner's name and contact information;

2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to §2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

Statutory Authority

§§2.2-4007.02 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-11-70. Appointment of regulatory advisory panel.

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

Statutory Authority

§§2.2-4007.02 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-11-80. Appointment of negotiated rulemaking panel.

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

1. There is no longer controversy associated with the development of the regulation;

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

3. The agency determines that resolution of a controversy is unlikely.

Statutory Authority

§§2.2-4007.02 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-11-90. Meetings.

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with §2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

Statutory Authority

§§2.2-4007.02 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-11-100. Public hearings on regulations.

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

1. The agency's basic law requires the agency to hold a public hearing;

2. The Governor directs the agency to hold a public hearing; or

3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

Statutory Authority

§§2.2-4007.02 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

1VAC50-11-110. Periodic review of regulations.

A. The agency shall conduct a periodic review of its regulations consistent with:

1. An executive order issued by the Governor pursuant to §2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

2. The requirements in §2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

Statutory Authority

§§2.2-4007.02 and 15.2-2903 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.