NOTICES OF INTENDED REGULATORY ACTION
Vol. 37 Iss. 21 - June 07, 2021

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
DEPARTMENT OF CRIMINAL JUSTICE SERVICES
Chapter 173
Notice of Intended Regulatory Action

CRIMINAL JUSTICE SERVICES BOARD

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Criminal Justice Services Board intends to consider amending 6VAC20-172, Regulations Relating to Private Security Services Businesses; 6VAC20-173, Regulations Relating to Private Security Services Training Schools. 6VAC20-174, Regulations Relating to Private Security Services Registered Personnel; 6VAC20-230, Regulations Relating to Special Conservator of the Peace; 6VAC20-250, Regulations Relating to Property and Surety Bail Bondsmen; and 6VAC20-260, Regulations Relating to Bail Enforcement Agents. The purpose of the proposed action is to amend and revise the fee schedules associated with these regulations. The fee schedules have not been amended since 2003, 2004, 2008, and 2009, respectively. The proposed fee amendments are primarily based upon inflation since this time, as many have not been revised in well over 10 years. The Department of Criminal Justice Services (DCJS) manages seven programs within the Division of Licensure and Regulatory Services (DLRS), therefore the fee schedule does not accurately reflect the costs that would be required if DCJS had established an operation that was solely for each program. Each program enjoys an economy of scale by the DLRS managing all seven programs under its umbrella. Instead of each program operation having its own management team, call center, application processors, investigators, adjudication unit, and other necessary program support aspects. DLRS provides all of these services for all seven programs, thus reducing the costs for all seven programs. The current issue is that the seven programs are not generating sufficient feeds for DLRS to operate at the desired level. DCJS has to augment DLRS by providing services and support that DLRS cannot fund. Neither DCJS nor DLRS can continue to operate in this manner, as DLRS is required by the Code of Virginia to generate the fees necessary to run the programs. In addition, DLRS is operating without an inadequate amount of investigators, adjudication personnel, customer service personnel, application processors, and other necessary personnel for the DLRS to operate at the desired level of service. DLRS is also in the process of updating its databases and online systems to meet constituent demand and needs additional funding for this process in order to maintain adequate and efficient IT support for the systems and databases going forward.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 9.1-102 and 9.1-141 of the Code of Virginia (6VAC20-172, 6VAC20-173, 6VAC20-174)

§§ 9.1-102 and 9.1-150.2 of the Code of Virginia (6VAC20-230)

§§ 9.1-102 and 9.1-185.2 of the Code of Virginia (6VAC20-250)

§§ 9.1-102 and 9.1-186.2 of the Code of Virginia (6VAC20-260)

Public Comment Deadline: July 7, 2021.

Agency Contact: Kristi Shalton, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, FAX (804) 786-0410, or email kristi.shalton@dcjs.virginia.gov.

VA.R. Doc. No. R21-6570; Filed May 06, 2021