Virginia’s Administrative Law Advisory Committee (ALAC) is back in business. After a 5-year moratorium, the Virginia Code Commission reinstated ALAC to assist the Commission with its oversight authority over the operation and effectiveness of the Virginia Administrative Process Act and Virginia Register Act. ALAC is a 12-member committee consisting of representatives from the business community, local government, the state bar, state agencies, the academic community, the Virginia Supreme Court, public interest associations and other interested parties.
The following is a partial list of legislative changes that were made between 1994 and 2001 as a result of ALAC’s work:
- Eliminate requirement to publish regulatory notices in newspaper
- Require annual filing and publication of agency guidance document lists
- Clarify steps a petitioner must take to perfect a petition for rulemaking and agency responsibilities, including publication in the Virginia Register
- Establish fast-track rulemaking process for non-controversial regulations
ALAC’s first meeting was held September 27 and the inital suggested workplan will be presented to the Virginia Code Commission for its approval at its October meeting.
The suggested workplan consists of the following issues:
- Administrative Process Act exemptions study. Currently, over 75 exemptions exist within Virginia’s APA and others are scattered throughout the Code of Virginia and in enactments of Acts of Assembly;
- Incorporation by reference in the promulgation process;
- Appeals of administrative decisions;
- Stay abreast of the work of the Model State Administrative Procedure Act NCCUSL drafting committee
For further information, go to ALAC’s website at http://legis.state.va.us/codecomm/alac/alac.htm.