Virginia Registrar of Regulations

Virginia Registrar of Regulations
Name	Virginia Registrar of Regulations
Formation	1940s
Headquarters	Richmond, Virginia
Jurisdiction	Commonwealth of Virginia
Parent agency	Virginia Secretary of Administration

Virginia Registrar of Regulations

The Virginia Registrar of Regulations is an administrative official responsible for supervising the publication and codification of administrative regulations and administrative law instruments promulgated by executive branch agencies in the Commonwealth of Virginia. The office ensures compliance with the Virginia Administrative Process Act and oversees the compilation of the Virginia Administrative Code and the Virginia Register of Regulations. It interacts with executive offices such as the Office of the Governor of Virginia, the Virginia General Assembly, and state agencies including the Virginia Department of Health, Virginia Department of Transportation, and the Virginia Department of Social Services.

Overview

The Registrar acts as the central custodian for rulemaking records and serves as a point of contact for stakeholders including legislators from the Virginia Senate and the Virginia House of Delegates, regulated entities such as the Virginia Hospital & Healthcare Association, professional boards like the Virginia Board of Medicine, and advocacy organizations including the ACLU of Virginia and the Virginia Chamber of Commerce. The Registrar’s publications, notably the Virginia Administrative Code and the Virginia Register, provide a public record used by courts such as the Supreme Court of Virginia, agencies like the Virginia Employment Commission, and legal practitioners affiliated with firms in Richmond, Virginia.

History

The position traces its roots to mid‑20th century efforts to systematize state rulemaking, contemporaneous with reforms at the federal level such as the Administrative Procedure Act of 1946 and state reforms in New York and California. Virginia’s codification machinery evolved alongside the expansion of agencies including the Virginia Department of Transportation and the Virginia Department of Education, prompting formalization of publication responsibilities. Landmark legislative acts including revisions to the Virginia Administrative Process Act and oversight by the Joint Legislative Audit and Review Commission have shaped the Registrar’s remit. Over decades the office has adapted to technological shifts from printed Registers to online platforms mirroring systems used by the Federal Register and state counterparts like the Texas Register.

Responsibilities and Powers

The Registrar’s statutory duties include reviewing rulemaking notices from agencies such as the Virginia Department of Environmental Quality and the Virginia Department of Agriculture and Consumer Services for conformity with procedural requirements, assigning titles and sections within the Virginia Administrative Code, and certifying official publication. The Registrar enforces filing deadlines established by the Code of Virginia and coordinates with the Commonwealth of Virginia Chief Information Officer and the Virginia Information Technologies Agency on electronic dissemination. The office has the discretionary power to reject deficient submissions, issue technical corrections, and publish emergency rules under provisions mirrored in other jurisdictions like Maryland and North Carolina.

Regulatory Process and Publication

Rulemaking begins with agency notices filed by bodies such as the Virginia Department of Behavioral Health and Developmental Services or professional boards like the Virginia Board of Nursing. The Registrar receives prefiling materials, compiles public comment records, and schedules entries for the weekly Virginia Register. The process parallels federal procedures seen in the Code of Federal Regulations and Federal Register, including publication of proposed, final, and emergency rules. The Registrar also manages codification: integrating adopted rules into the Virginia Administrative Code with appropriate statutory construction references to enabling statutes enacted by the Virginia General Assembly and signed by the Governor of Virginia.

Organizational Structure and Staff

The Registrar operates within the Virginia Secretary of Administration’s portfolio and coordinates with divisions such as legal counsel from the Office of the Attorney General of Virginia, records management teams connected to the Library of Virginia, and IT staff similar to those at the Virginia Employment Commission. Staff roles include regulatory analysts, codifiers, publications editors, and public liaisons who liaise with stakeholders including the State Corporation Commission, localities like Arlington County, Virginia, and statewide associations such as the Virginia Municipal League.

Notable Actions and Controversies

The Registrar’s rulings and publication decisions have occasionally drawn attention when high‑profile regulatory changes—from agencies like the Virginia Department of Health during public health emergencies to the Virginia Department of Transportation on major infrastructure rules—have prompted legal challenges in the Circuit Courts of Virginia and appeals to the Supreme Court of Virginia. Controversies have involved disputes over emergency rule justification, timeliness of codification, and the technical accuracy of entries, eliciting oversight from bodies such as the Joint Legislative Audit and Review Commission and commentary from stakeholders including the Virginia Manufacturers Association and civil liberties groups. The office’s transition to online publication paralleled debates about access and archival integrity similar to controversies in other states, including California and New Jersey.

Category:Virginia state agencies