TITLE 1. ADMINISTRATION
DEPARTMENT OF LAW
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Law conducted a periodic review and a small business impact review of 1VAC45-10, Regulations Governing Disclosure of CID (Civil Investigative Demand), and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated November 17, 2020, to support this decision.
The regulation meets the criteria set out in Executive Order No. 14 (2018). It is necessary to interpret the law and identify the specific state law-enforcement authorities with whom the Office of the Attorney General (OAG) may share civil investigative demand (CID) investigative material. The regulation protects the public health, safety, and welfare by limiting the Virginia law-enforcement authorities with which the OAG may share access to CID material, restricting the use and disclosure of such material by any state law-enforcement authorities that receive it and generally by ensuring the confidentiality of such material when it is shared. The regulation is clearly written and easily understandable.
After periodic review, the OAG is recommending two amendments to the CID regulation: (i) amending 1VAC45-10-10, 1VAC45-10-70, and 1VAC45-10-80 to include the Bad Faith Assertions of Patent Infringement law,§§ 59.1-215.1 through 59.1-215.4 of the Code of Virginia, in the list of statutes for which the Attorney General can share CID material with other Virginia law-enforcement authorities; and (ii) amending1VAC45-10-30 to make clear that the chapter does not apply to law-enforcement authorities that represent states other than the Commonwealth. The first proposed amendment is needed for consistency. The amendment will allow the OAG to share CID material it receives with the other Virginia law-enforcement authorities that can enforce the Bad Faith Assertions of Patent Infringement law, similar to the manner in which the OAG currently can share relevant CID materials with other law-enforcement authorities that can enforce the Virginia Antitrust Act, the Solicitation of Contributions law, the Virginia Consumer Protection Act, and the Virginia Telephone Privacy Protection Act. The second proposed amendment also is needed for consistency. The amended provision currently states that the chapter "shall not apply to federal law-enforcement authorities." Without the amendment, the OAG is concerned that someone may have the mistaken impression that we do not on occasion share CID material with the Attorneys General and agencies of other states that enforce similar consumer protection laws. Similar to our ability to share CID material with federal law-enforcement authorities, the OAG takes the position that § 59.1-9.10 N of the Code of Virginia authorizes it to share CID material it receives with the Attorneys General and agencies of other states who enforce similar laws, so long as such Attorneys General or agencies are subject to confidentiality restrictions similar to those imposed on the OAG.
The amendments proposed resulted from a periodic review. The existing regulation was promulgated in 1981 and last amended in 2015 as part of another periodic review. Because the regulation governs the procedures that apply to the OAG sharing CID material with other Virginia law-enforcement authorities that enforce the same laws, there is a continued need for, and there will be a continued benefit from, having the regulation. The number of Virginia statutes where the OAG shares enforcement authority with other Virginia law-enforcement authorities continues to grow. The regulation is not complex, has no direct impact on small businesses, and does not conflict with any federal or state law or regulation. The OAG has not received any complaints or comments from the public concerning the regulation as part of the periodic review process or otherwise.
Contact Information: David B. Irvin, Senior Assistant Attorney General, Unit Manager, Department of Law, 202 North 9th Street, Richmond, VA 23219, telephone (804) 786-4047.
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TITLE 16. LABOR AND EMPLOYMENT
SAFETY AND HEALTH CODES BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board conducted a periodic review and a small business impact review of 16VAC25-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated November 12, 2020, to support this decision.
The agency's public participation guidelines afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency, including an online public comment forum on the Virginia Regulatory Town Hall, and other specially designated subordinate, and interested persons may be accompanied by and represented by counsel or other representative. This regulation is not overly complex and is clearly written. There is no negative impact on the regulated community, and the regulation does not overlap, duplicate, or conflict with federal or state law or regulation.
The Safety and Health Codes Board voted to retain the regulation without change. As a result of this periodic review, the department has determined that the regulation has no negative economic impact on small business.
Contact Information: Holly Trice, Senior Staff Attorney; Regulatory Coordinator, Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-2641.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board conducted a periodic review and a small business impact review of 16VAC25-180, Virginia Field Sanitation Standard, Agriculture, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated November 12, 2020, to support this decision.
The regulation requires agricultural employers to provide potable drinking water, regardless of the number of employees, hand washing, and toilet facilities to field workers performing hand agricultural labor. It is identical to the current federal Occupational Safety and Health Administration standard, except for the requirement that employers provide potable drinking water regardless of the number of employees.
The regulation has three goals: (i) reduce the incidence of material impairment of the health of Virginia workers due to workplace exposure to known hazards, (ii) require sanitary facilities for agricultural workers equal to those required for construction workers, and (iii) protect the public's health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.
Provision of sanitary facilities and potable drinking water serve to reduce or eliminate the following four major categories of occupational diseases: heat-related illnesses, communicable diseases, urinary tract infections, and pesticide-related illnesses.
The regulation is essential to reduce or eliminate the health problems faced by agricultural laborers in the field by providing them with potable drinking water and sanitary facilities. This regulation is not overly complex and is clearly written. There is no negative impact on the regulated community, and the regulation does not overlap, duplicate, or conflict with federal or state law or regulation.
The Safety and Health Codes Board voted to retain the regulation without change. As a result of this periodic review, the agency determines that the regulation has no negative economic impact on small business.
Contact Information: Holly Trice, Senior Staff Attorney, Regulatory Coordinator, Safety and Health Codes Board, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-2641.
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TITLE 22. SOCIAL SERVICES
DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services conducted a periodic review and small business impact review of 22VAC30-50, Policies and Procedures for Administering the Commonwealth Neurotrauma Initiative Trust Fund, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated November 30, 2020, to support this decision.
The regulation is required by § 51.5-181 of the Code of Virginia and meets the criteria set out in Executive Order 14 (2018). The regulation ensures fidelity to the legislative intent for the Commonwealth Neurotrauma Initiative (CNI) Trust Fund Program. The regulation requires the CNI Trust Fund Advisory Board to evaluate project applications to ensure projects will benefit Virginians with acquired neurotrauma. No comments have been received indicating that the regulations were not clearly written and easily understandable.
The agency recommends that the regulation be amended. The CNI Trust Fund is a special nonreverting fund established in§§ 51.5-178 et seq. of the Code of Virginia that provides funding to Virginia-based organizations, institutions, and researchers to address the needs of people with acquired neurotrauma. Neurotrauma is defined as "injury to the central nervous system (i.e., a traumatic spinal cord or brain injury) that results in loss of physical functions, cognitive functions, or both" (22VAC30-50-10). The source of revenue for the CNI Trust Fund is a portion of the reinstatement fees that are charged before restoring an operator's license to any person whose driver's license has been revoked or suspended upon conviction for specified dangerous driving offenses. In accordance with the Code of Virginia and 22VAC30-50, the CNI Trust Fund Program provides funding for projects that are either: (i) research based or (ii) community-based rehabilitative programs and services. As outlined in 22VAC30-50-30 (Disbursement of funds), the regulatory chapter establishes (i) policies and procedures for soliciting and receiving applications for grants from the fund, (ii) criteria for reviewing and ranking such applications, and (iii) procedures for distributing moneys in the fund. The chapter requirements ensure fidelity to the purpose of the CNI Trust Fund and proper use of public funds to improve the lives of individuals who have acquired neurotrauma. Upon review of the chapter during the periodic review, the department identified several areas that could benefit from minor revisions. The changes align the regulatory chapter with the Code of Virginia and current practices and reduce potential ambiguities.
There is a continued need for the regulation as the regulation is mandated by § 51.5-181 of the Code of Virginia. The regulation ensures fidelity to the legislative intent for the CNI Trust Fund Program. No complaints or comments about the chapter were received during the periodic review. The regulation is designed to support clarity and ensure transparency with the administration of the CNI Trust Fund Program. The regulation comprises only those requirements for the implementation of the CNI Trust Fund Program.
There are no federal requirements for the CNI Trust Fund Program. It is a state-established program operated in accordance with Virginia law and with Virginia funding. As such, the regulation does not conflict with federal or state law or regulation.
The regulation was last revised in 2016 to (i) clarify that requests for proposals shall be issued at the discretion of the CNI Trust Fund Advisory Board and shall depend upon the availability of funds; (ii) emphasize that grants provided by the CNI Trust Fund Program are not to be used for long-term funding of research or community based rehabilitative programs; (iii) require that applicants for grants under the CNI Trust Fund Program provide a plan for sustaining the proposed project following the termination of the grant award; and (iv) make technical corrections, update statutory references, and make other necessary changes.
There is a potential small business impact as a result of this regulation. Virginia-based organizations and institutions of higher education that seek funding from the CNI Trust Fund Program are impacted by the regulation. The CNI Trust Fund Program currently funds 11 projects. Seven projects are based in Virginia higher education institutions. Four projects are based in community organizations or private research entities, all of which are likely small businesses. However, the regulation does not include overly burdensome requirements to those entities seeking to use the CNI Trust Fund resources for research-based or community-based rehabilitative programs and services.
Contact Information: Charlotte Arbogast, Policy Analyst, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7063.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services conducted a periodic review and a small business impact review of 22VAC30-70, The Virginia Public Guardian and Conservator Program, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated December 2, 2020, to support this decision.
The regulation meets the criteria set out in Executive Order 14 (2018) as it is necessary for the protection of public health, safety, and welfare of the individuals in the Commonwealth. The regulation protects the health and safety of 1,049 clients who are found by a Virginia circuit court to be (i) incapacitated and (ii) who meet the criteria for public guardianship as set forth in § 64.2-2010 of the Code of Virginia. No comments have been received indicating that the regulations were not clearly written and easily understandable.
The agency recommends that the regulation be amended. The Virginia Public Guardian and Conservator Program (program), operated within the Department for Aging and Rehabilitative Services provides public guardian and conservator services for adults who are incapacitated and indigent and for whom no other proper or suitable person can be identified who is willing and able to serve as the individual's guardian, conservator, or both, as applicable. The program has capacity to provide public guardianship services, public conservatorship services, or both to 1,049 clients who are found by a Virginia circuit court to be (i) incapacitated and (ii) who meet the criteria for public guardianship as set forth in Virginia Code § 64.2-2010. These services are provided by 13 local public guardian program, which are operated by local public guardian program contractors under contract with department. This chapter prescribes the requirements that the 13 local public guardian programs must meet in order to receive state funds provided in accordance with §§ 51.5-149.1 et seq. of the Code of Virginia and Items 340 and 344 of the 2020 Appropriation Act. With increasing attention on both public and private guardianships in the Commonwealth, the primary advantage of the regulatory chapter is the protection and clarity it provides to program clients and public guardian programs. The current chapter requires regulatory changes in order to further define program requirements; protect the health, safety, and welfare of the vulnerable clients; and bring conformity to program standards and operations across the commonwealth.
There is a continued need for the regulations as they are mandated by law and they protect the health, welfare, and safety of program clients. No complaints or comments about the chapter were received during the periodic review. The regulation is designed to support clarity and ensure transparency with the program and the operations of public guardian program contractors. The chapter comprises only those requirements for the implementation of the program. As a state-based and state-funded program, there are no other federal or state regulations for public guardian or conservator programs or services. As such, the regulation does not conflict with federal or state law or regulation. The regulation was last revised in 2016 to incorporate person-centered planning components as required by Chapter 322 of the 2012 Acts of Assembly. There is a small business impact as a result of this regulation. All 13 public guardian program contractors would likely be considered small businesses. However, the regulation does not include overly burdensome requirements, reinforces common standards for business management, and protects the health and safety of the program's vulnerable clients.
Contact Information: Charlotte Arbogast, Policy Analyst, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7093.
STATE BOARD OF SOCIAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-675, Personnel Policies for Local Departments of Social Services, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated August 19, 2020, to support this decision.
The regulation meets the criteria set out in Executive Order 14 (as amended, July 16, 2018). The regulation is necessary for the protection of public health, safety, and welfare of the individuals, families, groups, communities, and organizations that are served because it establishes the merit system standards that directly affects the effectiveness of personnel administration, performance, and quality of public service across 120 local departments of social services. The regulation is clearly written and easily understandable. When the regulation uses or references legal terms, it is often for consistency with the corresponding provisions of the United States Code, Code of Federal Regulations, and the Code of Virginia. Such consistency better serves the public in understanding the regulation.
The agency recommends that the regulation be amended. The amendments will make the regulation compliant with federal equal employment opportunity and nondiscrimination laws in all aspects of personnel administration, update affirmative action requirements, and provide accurate name and date information.
This regulation is not applicable to small businesses and therefore will not have an impact on small businesses.
Contact Information: Lori Schamerhorn, Human Resource Policy Consultant, Senior, State Board of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7264.