Vol. 26 Iss. 13 - March 01, 2010



Agency Decision

Title of Regulation: 2VAC20-51. Regulations Governing Pesticide Applicator Certification Under Authority of Virginia Pesticide Control Act.

Statutory Authority: § 3.2-3906 of the Code of Virginia.

Name of Petitioner: Cecil R. Harris, Jr., County Administrator, Hanover County; Kimberly A. Hynes, Executive Director, Central Virginia Waste Management Authority.

Nature of Petitioner's Request: Requesting that certain government employees who utilize FIFRA 25(b) minimum-risk pesticide products be exempt from the applicator certification requirements of the Virginia Pesticide Control Act when the only intended use of those products is to prevent immediate personal harm from stinging or biting insects.

Agency Decision: Request granted.

Statement of Reason for Decision: The Pesticide Control Board determined at its January 21, 2010, meeting that the requested exempt uses could be accomplished with minimal risk to the public health and safety. The board intends to hold a public hearing at its April 15, 2010, meeting prior to initiating regulatory action through the exempt process.

Agency Contact: Liza Fleeson, Program Manager, Office of Pesticide Services, Virginia Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, 1st Floor, Richmond, VA 23219, telephone (804) 371-6559, FAX (804) 786-9149, or email

VA.R. Doc. No. R10-20; Filed January 28, 2010, 4:20 p.m.

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Agency Decision

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-202 and 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Adjust the complaint resolution process to remove the director or director's designee from handling the Human Rights Complaint when the director or director's designee's conduct, position, or circumstances renders them unable to perform an impartial review of the Human Rights Complaint. This includes prohibiting the director of appointing a designee for handling the Human Rights Complaint.

Agency Decision: Take no action.

Statement of Reason for Decision: The program director or designee is the only person who has the authority to grant the person the relief requested. There is an appeal process available when a person does not agree with the program director or designee's decision.

Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-0040, FAX (804) 371-0092, or email

VA.R. Doc. No. R10-40; Filed December 10, 2010, 4:48 p.m.