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. 18VAC115-11-90. Meetings. Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the 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. 18VAC115-11-100. 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. 18VAC115-11-110. Periodic review of regulations. A. The agency 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
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. 18VAC115-11-90. Meetings. Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the 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. 18VAC115-11-100. 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. 18VAC115-11-110. Periodic review of regulations. A. The agency 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
Counseling_PPG_01122017.docx