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Administrative Law Advisory Committee work plan approved, including APA and harmless-error study
Summary
Tom Lisk presented AAALAC's 2026 work plan to study Articles 1 and 2 of the Virginia Administrative Process Act, examine preservation-of-error doctrine in regulatory appeals, and consider harmless-error language; the commission voted to approve the plan.
Tom Lisk, chair of the Administrative Law Advisory Committee (AAALAC), presented three items the committee will study in 2026: a work group to examine Articles 1 and 2 of the Virginia Administrative Process Act (APA) in coordination with the Department of Planning and Budget; continued research on the preservation-of-error doctrine in regulatory appeals; and a review of harmless-error language in section 2.2-4027 of the APA to align with federal and other-state practices. "Last year, working with the Department of Planning and Budget, DPB, AAALAC identified a grammatical issue in section 2.24402 b along with several other items that require clarification including the definition of an adverse effects in 2.24007," Lisk said.
Members asked questions about scope but indicated broad support. Chair Simon noted the first item had been deferred previously and that approval would allow AAALAC to collaborate with DPB and other stakeholders. The commission moved and approved the AAALAC 2026 work plan by voice vote.
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