TITLE 12. HEALTH
STATE BOARD OF HEALTH
Agency Notice
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Health is conducting a periodic review and small business impact review of 12VAC5-381, Regulations for the Licensure of Home Care Organizations. The review of this regulation will be guided by the principles in Executive Order 14 (as amended, July 16, 2018).
The Notice of Intended Regulatory Action for 12VAC5-381, which is published in this issue of the Virginia Register, serves as the announcement of the periodic review.
Contact Information: Robert Payne, Director, Office of Licensure and Certification, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23230-4920, telephone (804) 367-2109, FAX (804) 527-4502, or email robert.payne@vdh.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR BARBERS AND COSMETOLOGY
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a small business impact review of 18VAC41-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Barbers and Cosmetology is publishing its report of findings dated September 24, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 2.2-4007.02 of the Code of Virginia mandates the Board for Barbers and Cosmetology solicit the input of interested parties in the formation and development of its regulations. Therefore the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to effectively regulate the occupation or profession. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.
The last periodic review of this regulation occurred in 2015. On September 9, 2019, the board reviewed the regulation and for the reasons stated in this section determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Stephen Kirschner, Regulatory Operations Administrator, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email barbercosmo@dpor.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a small business impact review of 18VAC41-20, Barbering and Cosmetology Regulations, and determined that this regulation should be retained in its current form. The Board for Barbers and Cosmetology is publishing its report of findings dated September 24, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 54.1-201.5 of the Code of Virginia mandates the Board for Barbers and Cosmetology to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Barbers and Cosmetology provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a barber, cosmetology, nail or wax technician, instructor, salon, or school license or temporary permit. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulation.
There were no comments or complaints received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent comprehensive regulatory review of the regulation took effect in February of 2017.
On September 9, 2019, the board reviewed the regulation and for the reasons stated in this section determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Stephen Kirschner, Regulatory Operations Administrator, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email barbercosmo@dpor.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a small business impact review of 18VAC41-50, Tattooing Regulations, and determined that this regulation should be retained in its current form. The Board for Barbers and Cosmetology is publishing its report of findings dated September 24, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 54.1-201.5 of the Code of Virginia mandates the Board for Barbers and Cosmetology to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Barbers and Cosmetology provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a tattooing or permanent cosmetic tattooing, instructor, salon, parlor, or school license or temporary license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulation.
The sole comment received during the public comment period requested the elimination of regulation of the profession, an act that can only be undertaken by the General Assembly. There is an ongoing general review of this regulation, started in 2017, currently in the proposed stage. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation.
On September 9, 2019, the board reviewed the regulation and for the reasons stated in this section determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Stephen Kirschner, Regulatory Operations Administrator, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email barbercosmo@dpor.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a small business impact review of 18VAC41-60, Body Piercing Regulations, and determined that this regulation should be retained in its current form. The Board for Barbers and Cosmetology is publishing its report of findings dated September 24, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 54.1-201.5 of the Code of Virginia mandates the Board for Barbers and Cosmetology to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Barbers and Cosmetology provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a body piercing or salon license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulation.
The sole comment received during the public comment period supported the continued regulation of the industry. There is an ongoing general review of this regulation, started in 2017, currently in the proposed stage. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation.
On September 9, 2019, the board reviewed the regulation and for the reasons stated in this section determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Stephen Kirschner, Regulatory Operations Administrator, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email barbercosmo@dpor.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Barbers and Cosmetology conducted a small business impact review of 18VAC41-70, Esthetics Regulations, and determined that this regulation should be retained in its current form. The Board for Barbers and Cosmetology is publishing its report of findings dated September 24, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 54.1-201.5 of the Code of Virginia mandates the Board for Barbers and Cosmetology to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Barbers and Cosmetology provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive an esthetician, master esthetician, instructor, spa, or school license or temporary permit. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulation.
The board received one public comment requesting a new type of license, which requires a statutory change. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent comprehensive regulatory review of the regulation took effect in February of 2017.
On September 9, 2019, the board reviewed the regulation and for the reasons stated in this section determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Stephen Kirschner, Regulatory Operations Administrator, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email barbercosmo@dpor.virginia.gov.
CEMETERY BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Cemetery Board conducted a small business impact review of 18VAC47-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Cemetery Board is publishing its report of findings dated September 18, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 2.2-4007.02 of the Code of Virginia mandates the Cemetery Board to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to effectively regulate the occupation or profession.
No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation.
The most recent periodic review of the regulation occurred in 2015. On September 18, 2019, the board discussed the regulation and for the reasons stated in this section determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Christine Martine, Executive Director, Cemetery Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email cemetery@dpor.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Cemetery Board conducted a small business impact review of 18VAC47-20, Cemetery Board Rules and Regulations, and determined that this regulation should be retained in its current form. The Cemetery Board is publishing its report of findings dated September 18, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 54.1-201.5 of the Code of Virginia mandates the Cemetery Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Cemetery Board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a cemetery company license and sales personnel registration. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations.
No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation.
The most recent periodic review of the regulation occurred in 2015. On September 18, 2019, the board discussed the regulation and for the reasons stated in this section determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Christine Martine, Executive Director, Cemetery Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email cemetery@dpor.virginia.gov.
COMMON INTEREST COMMUNITY BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-30, Condominium Regulations, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated September 17, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Sections 54.1-2349 and 55-79.98 of the Code of Virginia mandate the Common Interest Community Board promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation.
The Common Interest Community Board provides protection to the public welfare of the citizens of the Commonwealth by assuring full and fair disclosure in the offering and disposition of condominium interests and by establishing standards of conduct for condominium declarants.
No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. This regulation became effective on August 1, 2015, and this is the first periodic review of the regulation. On September 5, 2019, the board discussed the regulation and for the reasons stated in this section determined through proper unanimous vote that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Trisha Henshaw, Executive Director, Common Interest Community Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.
BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Hearing Aid Specialists and Opticians conducted a small business impact review of 18VAC80-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Hearing Aid Specialists and Opticians is publishing its report of findings dated September 24, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 2.2-4007.02 of the Code of Virginia mandates the board solicit the input of interested parties in the formation and development of its regulations. Therefore the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to effectively regulate the occupation or profession. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or contravene federal or state law or regulation. The last periodic review of this regulation occurred in 2015.
On August 7, 2019, the board reviewed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.
Contact Information: Stephen Kirschner, Regulatory Operations Administrator, Board for Hearing Aid Specialists and Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email hearingaidspec@dpor.virginia.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Hearing Aid Specialists and Opticians conducted a small business impact review of 18VAC80-20, Hearing Aid Specialists Regulations, and determined that this regulation should be retained in its current form. The Board for Hearing Aid Specialists and Opticians is publishing its report of findings dated September 24, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 54.1-201.5 of the Code of Virginia mandates the Board for Hearing Aid Specialists and Opticians to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Hearing Aid Specialists and Opticians provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a hearing aid specialist license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations.
Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent comprehensive regulatory review of the regulation took effect in February of 2017.
On August 8, 2019, the board reviewed the regulation and for the reasons stated in this section determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Stephen Kirschner, Regulatory Operations Administrator, Board for Hearing Aid Specialists and Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email hearingaidspec@dpor.virginia.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Hearing Aid Specialists and Opticians conducted a small business impact review of 18VAC80-30, Opticians Regulations, and determined that this regulation should be retained in its current form. The Board for Hearing Aid Specialists and Opticians is publishing its report of findings dated September 24, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 54.1-201.5 of the Code of Virginia mandates the Board for Hearing Aid Specialists and Opticians to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Hearing Aid Specialists and Opticians provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive an optician license. The
board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulation.
Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent comprehensive regulatory review of the regulation occurred in 2012.
On August 8, 2019, the board reviewed the regulation and for the reasons stated in this section determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Stephen Kirschner, Regulatory Operations Administrator, Board for Hearing Aid Specialists and Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email hearingaidspec@dpor.virginia.
REAL ESTATE BOARD
Agency Notice
Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Real Estate Board is conducting a periodic review and small business impact review of each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).
18VAC135-11, Public Participation Guidelines
18VAC135-20, Virginia Real Estate Board Licensing Regulations
18VAC135-50, Fair Housing Regulations
The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
Public comment period begins October 14, 2019, and ends November 4, 2019.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Christine Martine, Executive Director, Real Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reboard@dpor.virginia.gov.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the review will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.