Study Reports and Briefings
Each JLARC study results in a published report and a presentation to the Commission. Some studies also have separate appendices or other supporting documentation. All JLARC documents are available as PDFs.
JLARC Report In Brief
Review of Exemptions to the Virginia Administative Process Act
The Virginia Administrative Process Act (VAPA) governs the way in which State agencies promulgate regulations. Several agencies and specific regulatory activities are listed in VAPA as being exempt from the act, and JLARC is directed to periodically review this list of exemptions.
The study found that most exemptions are due to agencies needing to act quickly to adopt regulations, and quick action is not possible through VAPA. About nine months is the fastest time to promulgate a regulation through the standard process, and the average amount of time is about two years. Other states have shorter time-frames and fewer exemptions. A major factor delaying regulations is executive branch review of planned regulations. Executive order requirements for the review of final regulations cause some of the delay and appear to be inconsistent with VAPA provisions.
A few agencies are responsible for a majority of substantive, discretionary exempt regulations. These agencies (and others using exemptions) have public notification policies and appear to provide time forpublic input. Rationales for most exemptions appear to be reasonable. Three exemptions are obsolete and should be removed from the act, and two others should be modified.
| Report No. 391: Sep 2009, 152 pages | Report (pdf) | Briefing (pdf) |