TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF FUNERAL DIRECTORS AND EMBALMERS

Initial Agency Notice

Title of Regulation: 18VAC65-20. Regulations of the Board of Funeral Directors and Embalmers.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Ross Miller.

Nature of Petitioner's Request: For the board to establish clear processes and guidance for the compelling disclosure of information when a board investigation identifies potential Class 1 misdemeanors.

Agency Plan for Disposition of Request: The petition will be published on February 18, 2019, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov to receive public comment ending March 20, 2019. Following receipt of all comments on the petition to amend regulations, the board will decide whether to make any changes to the regulatory language. This matter will be on the board's agenda for its first meeting after the comment period, which is scheduled for April 16, 2019.

Public Comment Deadline: March 20, 2019.

Agency Contact: Elaine J. Yeatts, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4479, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R19-24; Filed January 18, 2019, 3:39 p.m.

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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM

Initial Agency Notice

Title of Regulation: 24VAC35-30. VASAP Case Management Policy and Procedure Manual.

Statutory Authority: §§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Name of Petitioner: Cynthia Ellen Hites.

Nature of Petitioner's Request: "I, Cynthia Ellen Hites, as a citizen of the Commonwealth of Virginia, pursuant to § 2.2-4007 of the Code of Virginia, do humbly submit this petition for the following amendment to Virginia Administrative Code 24VAC35-30-150 (VASAP Policy and Procedures Manual). Currently, the law states the following: Section 150, Paragraph A: 'Noncompliance reporting. When the offender has been deemed noncompliant by the case manager, that case manager, within five working days, shall notify in writing the referring court or agency and the offender.' As of now, no penalty exists to the caseworker for breech of this law. With no adverse effect to the caseworker, or ASAP director, respectively, for failing to fulfill their duties, ASAP caseworkers can effectively operate with impunity regarding the time allotted them to notify [the] offender and court of noncompliance. There are no penalties established for the incidences of caseworker error or malfeasance that result in restart of [an] ignition interlock sentence, or force [the] offender to reappear in court to face further punishment. I propose the following language be adopted, in lieu of the current: 'A. Noncompliance reporting. When the offender has been deemed noncompliant by the case manager, that case manager, within five working days, shall notify in writing the referring court or agency and the offender. If [the] caseworker fails to notify in writing both parties, within five working days, the instance of noncompliance shall not be considered, and the offender shall incur no penalty.'"

Agency Plan for Disposition of Request: The petitioner's request will be considered by the Commission on the Virginia Alcohol Safety Action Program at its June 7, 2019, meeting.

Public Comment Deadline: May 30, 2019.

Agency Contact: Richard Foy, Field Services Specialist, Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, or email rfoy@vasap.virginia.gov.

VA.R. Doc. No. R19-25; Filed January 29, 2019, 1:33 p.m.