Title of Regulation: 8VAC40-50. Virginia Work-Study Program Regulations (repealing 8VAC40-50-10 through 8VAC40-50-250).

Statutory Authority: § 23-38.70 of the Code of Virginia (Repealed).

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: June 1, 2016.

Effective Date: June 30, 2016.

Agency Contact: Lee Ann Rung, Manager, Executive and Council Affairs, State Council of Higher Education for Virginia, James Monroe Building, 101 North 14th Street, 9th Floor, Richmond, VA 23219, telephone (804) 225-2602, FAX (804) 371-7911, or email leeannrung@schev.edu.

Basis: Section 23-9.6:1 of the Code of Virginia authorizes the State Council of Higher Education for Virginia to adopt regulations it believes necessary to implement all of the council's duties and responsibilities as set forth in the Code of Virginia. Section 23-38.70 of the Code of Virginia, which provided for the regulations to implement the Virginia Work-Study Program, was repealed by Chapter 51 of the 2006 Acts of Assembly.

Purpose: The Virginia Work-Study Program has not existed for at least 10 years, and the statutory authority for the program has been repealed by the General Assembly, therefore it is necessary to repeal the regulations. Repealing the regulations should not impact public health, safety, or welfare.

Rationale for Using the Fast-Track Rulemaking Process: Repealing regulations for a program that is no longer funded or authorized by the General Assembly is not expected to be controversial.

Substance: The Virginia Work-Study Program Regulations (8VAC40-50) are being repealed.

Issues: Repealing the regulations should eliminate any confusion about the existence of the program. There are no other known advantages or disadvantages to the agency or the public.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Council of Higher Education for Virginia proposes to repeal this regulation.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The statutory authority for the Virginia Work-Study Program was revoked by Chapter 51, Acts of Assembly of 2006. The program is no longer functional and has not received appropriations since prior to 2006. Repealing this regulation would have no impact beyond a small benefit from reducing the chance that someone would be misled concerning the existence of the program by seeing the regulation.

Businesses and Entities Affected.  The program has not existed for at least ten years. Repealing the regulation will not significantly affect any businesses or entities.

Localities Particularly Affected. The proposed repeal of the regulation does not disproportionately affect particular localities.

Projected Impact on Employment. The proposed repeal of the regulation does not affect employment.

Effects on the Use and Value of Private Property. The proposed repeal of the regulation does not affect the use and value of private property.

Real Estate Development Costs. The proposed repeal of the regulation does not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed repeal of the regulation does not affect small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed repeal of the regulation does not affect small businesses.

Adverse Impacts:

Businesses. The proposed repeal of the regulation will not adversely affect businesses.

Localities. The proposed repeal of the regulation will not adversely affect localities.

Other Entities. The proposed repeal of the regulation will not adversely affect other entities.

Agency's Response to Economic Impact Analysis: The State Council of Higher Education for Virginia concurs.

Summary:

Chapter 51 of the 2006 Acts of Assembly repealed Chapter 4.7 (§ 23-38.70 et seq.) of Title 23 of the Code of Virginia, relating to the Virginia Work-Study Program. Given the repeal of the statutory basis for the regulations implementing the program, this action repeals the Virginia Work-Study Program Regulations.