PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 38 Iss. 14 - February 28, 2022

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

STATE BOARD OF LOCAL AND REGIONAL JAILS

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Local and Regional Jails conducted a periodic review and a small business impact review of 6VAC15-40, Minimum Standards for Jails and Lockups, and determined that this regulation should be amended.

6VAC15-40, Minimum Standards for Jails and Lockups, meets the criteria set out in Executive Order 14 (as amended, July 16, 2018) in that it is necessary for the protection of the health, safety, and welfare of staff, defendants, and inmates within local correctional facilities and lock-ups. This regulation has proven effective in meeting this need and is deemed to be easily understandable. Due to changes in the Code of Virginia, amendments are necessary.

One comment was received concerning the regulation during the public comment period. The current regulation is not considered overly complex. The regulation does not overlap, duplicate, or conflict other federal or state law or regulation. In 2019, the regulation was amended to comply with a change in the Code of Virginia. Since then, other issues, including changes to the Code of Virginia and the COVID-19 health crisis, have occurred that necessitate further review and changes to the regulation. There is no expected economic impact of the regulations on small businesses.

Contact Information: Ryan McCord, Executive Director, State Board of Local and Regional Jails, 6900 Atmore Drive, Richmond, VA 23225, telephone (804) 887-8340.

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TITLE 12. HEALTH

STATE BOARD OF HEALTH

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 following regulation is undergoing a periodic review and a small business impact review: 12VAC5-501, Rules and Regulations Governing the Construction and Maintenance of Migrant Labor Camps. The review will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this 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 February 28, 2022, and ends March 21, 2022.

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 both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

Contact Information: Julie Henderson, Director, Office of Environmental Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7001.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

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 following regulations are undergoing a periodic review and a small business impact review: 12VAC30-5, Public Participation Guidelines; 12VAC30-95, Standards Established and Methods Used for Fee-For-Service Reimbursement; 12VAC30-100, State Programs; and 12VAC30-150, Uninsured Medical Catastrophe Fund. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018). 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 February 28, 2022, and ends March 21, 2022.

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 both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

Contact Information: Jimeequa Williams, Regulatory Coordinator, Division of Policy, Regulation, and Member Engagement, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 225-3508.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Waste Management Facility Operators conducted a periodic review and a small business impact review of 18VAC155-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The department is publishing its report of findings dated January 9, 2020, to support this decision.

The regulation meets the criteria set forth in Executive Order 14 (2018). The regulation establishes the public participation guidelines that are used by the board to promote public involvement in the development, amendment, or repeal of the agency's regulations by soliciting the input of interested parties. The regulation is clearly written and understandable.

The agency is recommending that the regulation stay in effect without change.

Section 2.2-4007.02 of the Code of Virginia mandates the agency 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. By soliciting the input of interested parties, the agency 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 December 19, 2019, the board discussed the regulation and, for the reasons stated, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Contact Information: Eric L. Olson, Board Executive Director, Board for Waste Management Facility Operators, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8511.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Waste Management Facility Operators conducted a periodic review and a small business impact review of 18VAC155-20, Waste Management Facility Operators Regulations, and determined that this regulation should be retained as is. The department is publishing its report of findings dated January 9, 2020, to support this decision.

The regulation meets the criteria set forth in Executive Order 14 (2018). The regulation contains the requirements for obtaining a license, certification, and training provider or course approval, renewal of licenses, and standards of professional conduct to ensure competence and integrity of all regulants and to administer the regulatory program in accordance with Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia. The regulation is necessary for the protection of public health, safety, and welfare and is clearly written and understandable.

The agency is recommending that the regulation stay in effect without change.

Section 54.1-201 of the Code of Virginia authorizes the Board for Waste Management Facility Operators 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 Waste Management Facility Operators 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 license, certification, and training provider or course approval. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulation.

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 December 19, 2019, the board discussed the regulation and, for the reasons stated, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Contact Information: Eric L. Olson, Board Executive Director, Board for Waste Management Facility Operators, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8511.