Fast-Track Rulemaking Procedures

§ 1. Authority to use fast-track exemption; Governor's concurrence; notice to legislative committees.

A. Section 2.2-4012.1 of the Administrative Process Act establishes an exemption from certain provisions of the Administrative Process Act for agency regulations expected to be noncontroversial.

B. Prior to filing a fast-track regulatory action with the Registrar of Regulations, the agency shall:

1. Obtain the Governor's concurrence that the intended new regulation or amendment or repeal of an existing regulation is noncontroversial and appropriate for promulgation as provided in § 2.2-4012.1 of the Administrative Process Act;

2. Provide written notice of intent to promulgate the new regulation or amendment or repeal of an existing regulation using the fast-track exemption to the appropriate House and Senate standing committees as provided in subsection C; and

3. Provide written notice of intent to promulgate the new regulation or amendment or repeal of an existing regulation using the fast-track exemption to the Joint Commission on Administrative Rules.

C. Before notifying the House and Senate standing committees, contact the House and Senate clerks' offices to alert them that a regulation is being processed under the fast-track exemption and advise them which House and Senate standing committees that the agency plans to notify. The House and Senate clerks' offices will send the agency a response noting agreement or disagreement with the agency's determination. If the House or Senate clerk agrees with the agency, proceed with notifying the members of the House and Senate committees. If the House or Senate clerk disagrees with the agency, the clerk's office will specify to which committee it would like the agency to send notification.

To notify the House clerk's office, send an email to Bruce Jamerson, Clerk of the House of Delegates (bjamerson@house.state.va.us) and copy Scott Maddrea, Deputy Clerk for Committee Operations (smaddrea@house.state.va.us).

To notify the Senate clerk's office, send an email to Susan Schaar, Clerk of the Senate (sschaar@sov.state.va.us) and copy John Garrett, Deputy Clerk of the Senate (jgarrett@sov.state.va.us).

Include the following information in emails to the clerks:

1. Send to line: bjamerson@house.state.va.us, sschaar@sov.state.va.us.

2. Copy to line: smaddrea@house.state.va.us, jgarrett@sov.state.va.us.

3. Subject line: Fast-Track Regulation: [insert name of the agency].

4. Body of email:

a. VAC number and chapter title of the regulation (e.g., 12 VAC 30-120, Waivered Services);

b. Subject matter of the regulatory action (e.g., update documents incorporated by reference);

c. Brief summary of amendments to an existing regulation or the key provisions of a new regulation, or justification for repeal of an entire regulation chapter, as applicable.

5. Attachment: A copy of the regulation with changes highlighted (i.e., stricken and underscored).

D. After each clerk's office has responded to the agency's email, the agency may notify the appropriate committees. The Regulatory Townhall is set up to email this notice, which will include links to the applicable regulatory documents, to the members of the chosen standing committees, to the Joint Commission on Administrative Rules, and to the committee clerks.

§ 2. Documents to be filed for fast-track regulatory actions.

A. Once the agency obtains the Governor's concurrence, has provided written notice to the appropriate legislative committees, and has received the economic impact analysis from the Department of Planning and Budget, it may file a fast-track regulation with the Registrar of Regulations for publication in the Virginia Register of Regulations.

B. The agency must use the Virginia Code Commission's Regulation Information System (RIS) to prepare and file its regulation. The filing of the fast-track regulation takes place when the agency submits the regulation to the Registrar through the Executive Branch's Virginia Regulatory Town Hall.

Section 2.2-4012.1 specifically requires compliance with §§ 2.2-4007.03, 2.2-4007.04 and 2.2-4007.05 of the Administrative Process Act. In addition to filing the electronic documents through RIS, two printed copies of the following documents must be filed with the Registrar of Regulations (the agency can print the Town Hall Background Statement, Economic Impact Analysis and Agency Response to the EIA directly from the Town Hall website and print the double-spaced text from RIS.

The following information is required to be part of the regulatory package.

1. The rationale for using the fast-track process;

2. The public comment period deadline, which must be a minimum of 30 days;

3. The estimated effective date, which may be no earlier than 15 days from the close of the public comment period.

4. Statement of basis, purpose, substance, and issues;

5. Economic impact analysis prepared by the Department of Planning and Budget;

6. Agency's response to the economic impact analysis prepared by the Department of Planning and Budget;

7. Summary of the regulation;

8. Double-spaced text of the fast-track regulation with signature of the certifying official as provided by law or agency procedure (print "Sections (double-spaced)" report from RIS, which includes the certification statement on the last page);

9. A letter from the Attorney General's office ensuring that the agency has statutory authority to promulgate the regulation;

10. Reporting forms, if any, used in administering the regulation and a list of the reporting forms for inclusion in VAC; and

11. Documents incorporated by reference affected by this regulatory action, if any and an amended list of the documents incorporated by reference for inclusion in VAC.

§ 3. Estimated effective date.

Include the date on which the agency expects the fast-track regulation will become effective. A fast-track regulation may become effective no earlier than 15 days after the last date prescribed for receiving public comments. Therefore, the earliest date that a fast-track regulation can become effective is 45 days from publication of the action in the Register. A later date may be specified.

§ 4. Publication of fast-track regulation.

The fast-track regulation submission package will be published in the Fast-Track Regulations section of the Virginia Register.

§ 6. Objection to fast-track regulation.

A. The agency shall file notice of any objection to the fast-track rulemaking with the Registrar of Regulations if an objection to the use of the fast-track rulemaking process is received within the public comment period from:

1. 10 or more persons;

2. Any member of the applicable standing committee of the House of Delegates;

3. Any member of the applicable standing committee of the Senate of Virginia; or

4. Any member of the Joint Commission on Administrative Rules.

B. The notice of objection shall include the following information:

1. VAC number and chapter title of regulation (e.g., 12 VAC 30-120, Waivered Services);

2. Volume, issue, page number and date of the Virginia Register in which the fast-track regulation was published (e.g., 19:25 VA.R. 3302-3312 August 25, 2003);

3. Name, address, telephone number, and e-mail address of the agency contact person; and

4. A statement indicating the subject matter of the regulatory action and explaining the agency's decision to terminate the fast-track process.

C. The Registrar will publish notice of the objection in the Virginia Register.

D. Objections meeting the requirements of § 2.2-4012.1 will require the agency to proceed with the normal promulgation process set out in Article 2 (§ 2.1-2006 et seq.) of the Administrative Process Act with the initial publication of the fast-track regulation serving as the Notice of Intended Regulatory Action.

§ 7. Inclusion in the Virginia Administrative Code.

The Registrar of Regulations will notify the publisher of the Virginia Administrative Code (VAC) to incorporate into VAC a regulation promulgated through the fast-track rulemaking process if an objection or withdrawal is not filed with the Registrar prior to the effective date noticed in the Virginia Register.