HD32 - Review of Virginia's Administrative Process Act

  • Published: 1992
  • Author: Joint Legislative Audit and Review Commission
  • Enabling Authority: House Joint Resolution 397 (Regular Session, 1991)

Executive Summary:
The Virginia Administrative Process Act (VAPA) generally governs the regulatory proceedings of State agencies. The act applies to agency actions during the development, promulgation, and application of regulations. It provides for public participation in the regulatory process, as well as certain forms of executive, legislative, and judicial review of regulatory actions.

During the 1991 General Assembly Session, several bills indicated legislative interest in issues concerning VAPA. One of the bills, House Joint Resolution No. 397, is the mandate for this study. HJR 397 requests the Joint Legislative Audit and Review Commission (JLARC) to study whether amendments to VAPA are necessary. Issues raised in the mandate include the efficiency and effectiveness of the act and the meaningfulness of public participation under the act.

This interim report provides an overview of the basic structure, features, and stages of the current VAPA. The historical development of the act is described. A brief summary is provided of remarks received and issues raised at a JLARC public hearing on VAPA held in September 1991. Preliminary study issues are also identified. A final report with findings and recommendations is expected in the summer of 1992.