VA Bar Administrative Law 2

Question 1

Under VAPA, what is the minimum public comment period required after a proposed regulation is published in the Virginia Register?

Accepted Answer

60 days

Answer

VAPA requires a 60-day public comment period following publication of a proposed regulation in the Virginia Register.

Question 2

Which circumstance does NOT qualify as a valid basis for promulgating an emergency regulation under VAPA?

Accepted Answer

Need to avoid substantial adverse financial impact on the agency's budget

Answer

Emergency regulations under VAPA are limited to genuine threats to public health/safety, legal mandates, or declared emergencies—not internal agency financial concerns.

Question 3

What is the primary function of the Virginia Register of Regulations?

Accepted Answer

To provide public notice of proposed, final, and emergency regulations

Answer

The Virginia Register of Regulations is the official periodic publication providing public notice of all regulatory actions, including proposed, final, and emergency regulations.

Question 4

Under VAPA, what must an agency file as the first step before beginning the formal rulemaking process?

Accepted Answer

A Notice of Intended Regulatory Action (NOIRA)

Answer

VAPA requires agencies to file a NOIRA as the first formal step, notifying the public and the Registrar of Regulations of their regulatory intentions.

Question 5

If a final Virginia regulation differs substantially from its proposed version, the agency must:

Accepted Answer

Re-propose the regulation and allow a new 60-day public comment period

Answer

A substantially different final rule must be re-proposed so the public can comment on the regulation as it will actually be adopted.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Administrative Law 2