More Than You Ever Wanted To Know About the Regulatory Process in Virginia
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20 responses to “More Than You Ever Wanted To Know About the Regulatory Process in Virginia”
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Nice summary!
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Yikes, not only do we have regulations, but we have regulations for writing regulations.
I’m waiting for the day when we need regulations to write the regulations for writing regulations.
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Well, God I hope so. Can you imagine an unregulated regulation process? It would be a cluster, uh,… cluster? A Gordian Knot!
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such a process gauntlet, one wonders how “bad” regulation every makes it through!
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No such thing, Larry. Just good regulations misunderstood and misapplied.
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As someone who has worked through the process for an agency your summary is a a pretty good outline of the process.
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Thank you. Bookmarked. This one I will read twice.
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Regulations will also “flow” to the localities. I will sometimes see a ‘code amendment” advertised in the county and it sometimes has to do with some state requirement that has changed – like Chesapeake Bay Regulations that the county staff will tell the BOS that “we have no choice but to make the change”. I don’t know how such mandates are enforced, and I can imagine some rebellion with some localities that don’t agree.
At any rate, thanks again for “educating” on some fundamental governance issues that many of us are not well-informed of.
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Another excellent article devoid of partisan rancor and culture war crappola.
What I did not really get or understand is the relationship between a regulation and the law that I presume it was spawned from.
I quite possibly have it wrong so I’m laying out what I THINK in
hopes that it gets corrected to what the reality is.IOW – we don’t just write regulations out of thin air. They have to be based on legislation and law – right? Regulations have to have a “father’ – a law that is the foundation of the regulation. No?
And a given regulation may actually be based on several laws or changes in existing laws… etc…
And regulations may be based on interpretation of the law and involve words in the law like SHALL or WILL or MAY or CAN… and one word can dramatically change the impact of a regulation.
And existing regulations can be – re-written – based on changes deemed to be needed that are still within the confines of the legislation they are based on. Right?
so how much of the above is wrong ?
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Shall is a must in Virginia.
And yes you can amend regulations. And the summary of changes are tracked on the Virginia Regulatory Town Hall site on the various published forms.
I would also point out that some agencies are required to state on the Town Hall form if a regulation is more stringent than the federal requirement. If so some of these require the regulations get sent to the legislature.-
but you can’t write or promulgate a regulation that has no basis in legislation, right? You just can’t make one up because some agency thinks it is needed.
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That is correct. For an agency to promulgate a regulation that has the effect of law, it must have statutory authority to do so.
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There is a style guide for writing regs.
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Will you please provide a link. I’d like to read that.
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Fair warning: It’s a very sexy document!
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Read it carefully. Then, we can write regulations and slip them in quietly. Bawaaaaahh!
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Dick mentioned that he did not find the online document for the procedures for the review of proposed regulations by the previous administration. Here it is: https://townhall.virginia.gov/EO-14.pdf. This is in effect until it is replaced by the current administratioin.
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Thanks. I looked on the Town Hall site, but obvioiusly over looked it. This document assumes that regulations developed by regulatory boards are subject to the same rules as those developed by agencies without boards. Perhaps a court would rule that, because the Governor’s EO is required by law, the procedures set out in it are controlling. Therefore, a governor could “veto” a regulation proposed by a regulatory board. That might explain why no one can remember a regulation being adopted over the objection of a governor. It would be an interesting test case.
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Once I retire, I’d be happy to publicly converse about such things. 😉
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