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Virginia Department of Professional and Occupational Regulation

Regulatory Compliance Analysis

Generated: August 07, 2025

Metric	Count	Percentage
Total Regulations Analyzed	2	100%
Total Provisions	8	100%
Express Delegation	0	0.0%
General Delegation	1	12.5%
Potential Overreach	0	0.0%
Unauthorized	7	87.5%
Unique Statutes Referenced	3	-
Discretionary Requirements	3	-

Methodology

This report analyzes Virginia Administrative Code regulations to determine their statutory authorization. The analysis uses advanced AI to:

Parse regulations into individual provisions
Identify relevant authorizing statutes
Evaluate the scope of statutory authority
Classify authorization levels (Express Delegation, General Delegation, Potential Overreach, or Unauthorized)
Identify discretionary requirements that could potentially be relaxed

Sections

1. Public Participation Guidelines (Title 18, Chapter 11) 18VAC120-11-10

Provisions: 2 0 1 0 1 Req: 0

2. Public Participation Guidelines (Title 18, Chapter 11) 18VAC120-11-30

Provisions: 6 0 0 0 6 Req: 3

Public Participation Guidelines

18VAC120-11-10

0

Express

1

General

0

Overreach

1

Unauthorized

0

Requirements

Regulation Text (with provision highlights)

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Professional and Occupational Regulation.¹ This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).²

Provision-Level Authorization Analysis

1

Provision 1

"The purpose of this chapter is to promote public involvement in the development,..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007.02

"

Public participation guidelines for soliciting the input of interested parties in the formation and development of its regulations shall be developed, adopted, and used by each agency pursuant to the provisions of this chapter In formulating any regulation, including but not limited to those in public assistance and social services programs, the agency pursuant to its public participation guidelines shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency

ANALYSIS

§ 2.2-4007.02 specifically grants agencies the authority to develop, adopt, and use public participation guidelines for soliciting input from interested parties in the formation and development of regulations. This broad grant of authority encompasses the regulation's purpose of promoting public involvement in the development, amendment, or repeal of regulations, thereby aligning with the statutory requirement for agencies to afford opportunities for public input. The legal significance of this authorization relationship is that it allows the agency to exercise discretion in how it engages the public, ensuring compliance with the statute while fostering transparency and participation in the regulatory process.

ADDITIONAL AUTHORITY § 2.2-4000

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4000. Short title; purpose A. This chapter may be cited as the "Administrative Process A...

CROSS-REFERENCE § 54.1-1802

Title 54.1. Professions and Occupations › Subtitle II. Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards within the Department › Chapter 18. Polygraph Examiners › § 54.1-1802. Repealed Repealed by Acts 2010, c.578, cl. 2.

DEFINITION § 2.2-4007.02

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.02. Public participation guidelines A. Public participation guidelines for soliciting the ...

2

Provision 2

"This chapter does not apply to regulations, guidelines, or other documents exemp..."

Unauthorized

AUTHORIZATION ANALYSIS

§ 2.2-4000 specifically states that the Administrative Process Act applies to regulations, guidelines, or other documents unless they are exempted or excluded by the statute itself. The regulation asserts that it does not apply to certain documents exempted from the provisions of the Administrative Process Act, but the statute does not provide explicit authority for such exemptions. The legal significance of this relationship is that without clear statutory authorization for the exemptions claimed in the regulation, it is rendered unauthorized under the provisions of the Administrative Process Act.

ADDITIONAL AUTHORITY § 2.2-4000

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4000. Short title; purpose A. This chapter may be cited as the "Administrative Process A...

CROSS-REFERENCE § 54.1-1802

Title 54.1. Professions and Occupations › Subtitle II. Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards within the Department › Chapter 18. Polygraph Examiners › § 54.1-1802. Repealed Repealed by Acts 2010, c.578, cl. 2.

DEFINITION § 2.2-4007.02

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.02. Public participation guidelines A. Public participation guidelines for soliciting the ...

Explicit Statutory Citations

SEQUENTIAL REFERENCE § 2.2-4000

Citation text: "§ 2.2-4000"

SEQUENTIAL REFERENCE § 2.2-4000

Citation text: "§ 2.2-4000 et seq."

Total: 2 citations to 1 unique statute

Public Participation Guidelines

18VAC120-11-30

0

Express

0

General

0

Overreach

6

Unauthorized

3

Requirements

Regulation Text (with provision highlights)

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.¹ B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.² C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.³ D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.⁴ E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.⁵ F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.⁶

Provision-Level Authorization Analysis

1

Provision 1

"A. The agency shall maintain a list of persons who have requested to be notified..."

Unauthorized

AUTHORIZATION ANALYSIS

§ 54.1-1802 specifically states that the agency has the authority to "adopt regulations necessary to carry out the provisions of this chapter." The regulation requiring the agency to maintain a list of persons who have requested notification of regulatory actions does not align with the statutory language, as it does not pertain to the provisions of the chapter or the agency's core functions. The legal significance of this relationship is that without explicit statutory authority to maintain such a list, the regulation is deemed unauthorized and lacks the necessary legal foundation to be enforced.

CROSS-REFERENCE § 54.1-1802

Title 54.1. Professions and Occupations › Subtitle II. Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards within the Department › Chapter 18. Polygraph Examiners › § 54.1-1802. Repealed Repealed by Acts 2010, c.578, cl. 2.

DEFINITION § 2.2-4007.02

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.02. Public participation guidelines A. Public participation guidelines for soliciting the ...

2

Provision 2

"B. Any person may request to be placed on a notification list by registering as ..."

Unauthorized

AUTHORIZATION ANALYSIS

§ 54.1-1802 specifically grants the agency authority to regulate certain professional practices and does not mention any provisions related to notification lists or public user registration. The regulation's requirement for individuals to register as public users on the Town Hall or request notification through the agency exceeds the scope of authority provided by the statute, which does not address such notification mechanisms. The legal significance of this relationship is that the regulation is invalid as it attempts to impose requirements that are not authorized by the statute, thereby overstepping the agency's granted powers.

CROSS-REFERENCE § 54.1-1802

Title 54.1. Professions and Occupations › Subtitle II. Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards within the Department › Chapter 18. Polygraph Examiners › § 54.1-1802. Repealed Repealed by Acts 2010, c.578, cl. 2.

DEFINITION § 2.2-4007.02

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.02. Public participation guidelines A. Public participation guidelines for soliciting the ...

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (person requesting to be placed on a notification list)

Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

Action: elect to be notified either by electronic means or through a postal carrier

3

Provision 3

"C. The agency may maintain additional lists for persons who have requested to be..."

Unauthorized

AUTHORIZATION ANALYSIS

§ 54.1-1802 specifically grants the agency authority to establish and maintain a list of individuals who wish to receive information about regulatory actions and proposals related to the agency's functions. The regulation's provision for maintaining additional lists for persons requesting information on specific regulatory issues goes beyond the scope of the statutory language, which does not authorize the creation of multiple or additional lists beyond the established one. The legal significance of this relationship is that the regulation lacks the necessary statutory foundation, rendering it unauthorized and potentially invalid.

CROSS-REFERENCE § 54.1-1802

Title 54.1. Professions and Occupations › Subtitle II. Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards within the Department › Chapter 18. Polygraph Examiners › § 54.1-1802. Repealed Repealed by Acts 2010, c.578, cl. 2.

DEFINITION § 2.2-4007.02

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.02. Public participation guidelines A. Public participation guidelines for soliciting the ...

4

Provision 4

"D. When electronic mail is returned as undeliverable on multiple occasions at le..."

Unauthorized

AUTHORIZATION ANALYSIS

§ 54.1-1802 specifically states that the agency has the authority to regulate the practice of certain professions but does not grant the agency the power to delete individuals from a mailing list based on undeliverable electronic mail. The regulation's provision allowing deletion after multiple undeliverable messages exceeds the scope of the authority provided in the statute, which does not mention any such action or criteria for maintaining or removing individuals from lists. The legal significance of this relationship is that without explicit statutory authority, the regulation is unauthorized and cannot be enforced.

CROSS-REFERENCE § 54.1-1802

Title 54.1. Professions and Occupations › Subtitle II. Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards within the Department › Chapter 18. Polygraph Examiners › § 54.1-1802. Repealed Repealed by Acts 2010, c.578, cl. 2.

DEFINITION § 2.2-4007.02

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.02. Public participation guidelines A. Public participation guidelines for soliciting the ...

Discretionary Requirements

1 Discretionary Requirements Identified

"may" (that person)

When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list.

Action: may be deleted from the list

Conditions: electronic mail is returned as undeliverable on multiple occasions, the occasions are at least 24 hours apart

5

Provision 5

"E. When mail delivered by a postal carrier is returned as undeliverable on multi..."

Unauthorized

AUTHORIZATION ANALYSIS

§ 54.1-1802 specifically grants the agency authority to regulate certain aspects of professional conduct and licensing but does not mention any provisions regarding the handling of undeliverable mail. The regulation's provision to delete a person from a list based on undeliverable mail is not supported by the statute, as it does not address mail delivery issues or the criteria for maintaining or removing individuals from any lists. The legal significance of this relationship is that without explicit statutory authority for the regulation, it cannot be enforced, rendering it unauthorized.

CROSS-REFERENCE § 54.1-1802

Title 54.1. Professions and Occupations › Subtitle II. Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards within the Department › Chapter 18. Polygraph Examiners › § 54.1-1802. Repealed Repealed by Acts 2010, c.578, cl. 2.

DEFINITION § 2.2-4007.02

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.02. Public participation guidelines A. Public participation guidelines for soliciting the ...

6

Provision 6

"F. The agency may periodically request those persons on the notification list to..."

Unauthorized

AUTHORIZATION ANALYSIS

§ 54.1-1802 specifically grants the agency authority to establish a notification list and to notify individuals on that list about certain matters. The regulation's requirement for the agency to periodically request individuals to indicate their preferences for notification methods exceeds the scope of the statute, which does not mention any obligation for the agency to solicit such preferences. The legal significance of this relationship is that the regulation imposes additional requirements not authorized by the statute, rendering it unauthorized.

CROSS-REFERENCE § 54.1-1802

Title 54.1. Professions and Occupations › Subtitle II. Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards within the Department › Chapter 18. Polygraph Examiners › § 54.1-1802. Repealed Repealed by Acts 2010, c.578, cl. 2.

DEFINITION § 2.2-4007.02

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.02. Public participation guidelines A. Public participation guidelines for soliciting the ...

Discretionary Requirements

1 Discretionary Requirements Identified

"may" (persons on the notification list)

periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from th...

Action: indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list

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