Author Archives: jdc

SCOTUS to decide whether rulemaking required when agencies change established guidance on statutes & regulations

The following article was posted today by Leland Beck, who will be speaking on a panel at the ACR meeting in Baltimore.

http://www.fedregsadvisor.com/2014/06/16/scotus-to-decide-whether-rulemaking-is-required-when-agencies-change-established-guidance-on-statutes-and-regulations/

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Filed under Uncategorized

Virginia’s regulatory backlog recognized by news media

http://www2.timesdispatch.com/news/2012/sep/30/tdmet01-va-wrestles-with-regulation-backlog-ar-2245310/

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Filed under Uncategorized

Administrative Conference of the United States Recommendations

See Michael White’s post re: publication of ACUS’ recommendations at http://www.federalregister.gov/blog/2012/01/2273

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Filed under Administrative Law, Conferences, Federal Rulemaking, Uncategorized

Virginia Decoded

At the October 3rd Code Commission meeting, Waldo Jaquith introduced members to his beta website “Virginia DeCoded: The State Code for Humans.” His goal is to make state codes user friendly and easy for the public to find information. In June, Waldo received a $165,000 grant from the Knight Foundation to expand his code project nationwide. See articles on the Virginia Lawyers Weekly and Virginia Public Radio websites for more information.

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Filed under Technology

Florida Supreme Court Holds Governor’s Suspension of Rulemaking Exceeds Authority

http://www.floridasupremecourt.org/decisions/2011/sc11-592.pdf

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Filed under Executive Oversight

AG’s opinion: Regulating guns at Virginia public universities

Virginia’s Attorney General recently issued an opinion that universities can prohibit the open carry of firearms inside university buildings by policy; however, must promulgate a regulation to apply such prohibition to concealed handgun permit holders.

Summary of opinion:

Under the present state of the law, the University of Virginia lawfully may promulgate a policy that prohibits persons from openly carrying a firearm in the buildings that are subject to the policy.  Further, with respect to persons who have a concealed carry permit, because the University adopted a policy rather than a regulation, it has not “otherwise prohibited by law” persons with a concealed carry permit from possessing a handgun, and, therefore, the policies may not be used to prohibit persons with such a permit from carrying a concealed firearm into the buildings covered by the policy.

http://oag.state.va.us/Opinions%20and%20Legal%20Resources/Opinions/2011opns/11-078-Hanger.pdf

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Filed under Administrative Law, State Rulemaking

Proposed Legislative Veto of Virginia Administrative Rules

The Virginia House of Delegates passed a constitutional amendment (first resolution) that provides that the General Assembly may suspend or nullify any or all portions of any administrative rule or regulation by joint resolution agreed to by a majority of the members elected to each house. View the progress of  House Joint Resolution 731.

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Filed under Administrative Law, Legislative Oversight, State Rulemaking

Changes to Virginia Regulatory Town Hall Home Page

Some changes have recently been made to the Virginia Regulatory Town Hall home page (townhall.virginia.gov) aimed to make the site easier to navigate.

Here are the main changes:

 * The Menu bar on the left has been shortened to focus on major categories of information.

 * The Search Tool is more prominently displayed. This feature allows you to search titles of regulations, regulatory actions,meetings, guidance documents, mandates, petitions for rulemaking, and general notices.

 * Under Browse Regulations on the menu bar, you will see a list of all regulations broken down by board. Using the tabs near the top of the page, you can also search regulations by agency, secretary, and VAC citation.

 * Under Regulatory Activity on the menu bar, you will see all regulatory actions underway. Using the tabs near the top of the page, you can also view regulatory actions based on a periodic review of the regulation, a petition for rulemaking, or a legislative mandate (where the legislature has required a regulation to be changed).

 * On the page for viewing and entering public comments, you can now view regulatory documents, e.g., the agency background statement explaining what is changing and why, as well as the text of a proposed regulation, and we encourage you to view these before you enter a public comment.

 We’re always trying to make the Town Hall more user friendly so if you have any suggestions or comments, we would love to hear from you. Just email melanie.west@dpb.virginia.gov.

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Filed under Executive Oversight, State Rulemaking

2008 Governor’s Technology Award (Virginia)

Click on the link http://www.covits.org/governor’s_technology_awards/index.cfm and scroll down to see a picture of ACR members Lilli Hausenfluck and Joe Johnson with Virginia Governor Tim Kaine after receiving the 2008 Governor’s Technology Award in the category of “Cross-boundary Collaboration.” Also in the photo (far right) is Melanie West, Director of the Economic and Regulatory Analysis Division of the Department of Planning and Budget, who was also an award recipient.

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Filed under Automation, State Rulemaking, Technology

NASCIO Awards

Virginia nominated Virginia’s Regulation Information System and Town Hall for the National Association of State Chief Information Officers’ (NASCIO) 2008 Recognition Awards for Outstanding Achievement in the Field of Information Technology under the category “Cross-Boundary Collaboration and Partnerships.” Although Virginia was not selected as a finalist, the project nomination is posted on the NASCIO website at http://www.nascio.org/awards/2008Awards/collaboration.cfm as part of the state IT Best Practices database in NASCIO’s Recognition Award Archive. Also, a demo of the system is available at http://leg5.state.va.us/risdemo/.

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Filed under Rules Publication, State Rulemaking

More on Reliability of Online Legal Resources

Here is an article that was published in the June/July 2008 issue of Virginia Lawyers Magazine relating to online official legal resources:

http://www.vsb.org/docs/valawyermagazine/vl0708_valaw-online.pdf

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Filed under Administrative Law

Virginia Reinstates Administrative Law Advisory Committee

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.

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Filed under Administrative Law