PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 40 Iss. 4 - October 09, 2023

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

BOARD OF JUVENILE JUSTICE

Agency Notice

Pursuant to Executive Order 19 (2022) 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: 6VAC35-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 October 9, 2023, and ends October 30, 2023.

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: Ken Davis, Regulatory Affairs Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 807-0486, or email kenneth.davis@djj.virginia.gov.

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TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Agency Notice

Pursuant to Executive Order 19 (2022) 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: 9VAC5-10, General Definitions. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 October 9, 2023, and ends October 30, 2023.

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: Rachael Harrell, Board Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 801-2932, or email rachael.harrell@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Agency Notice

Pursuant to Executive Order 19 (2022) 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: 9VAC15-60, Small Renewable Energy Projects (Solar) Permit by Rule.

The Notice of Intended Regulatory Action to amend 9VAC15-60, which is published in this issue of the Virginia Register, serves as the agency notice of announcement.

Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.

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TITLE 12. HEALTH

STATE BOARD OF HEALTH

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-530, Regulations Governing the Virginia Medical Scholarship Program, and determined that this regulation should be amended. The board is publishing its report of findings dated July 7, 2023, to support this decision.

Pursuant to § 2.2-4017 of the Code of Virginia, the Virginia Medical Scholarship Program regulation allows the State Board of Health to set the general terms and conditions necessary to administer a scholarship program that is a key tool for improving public health and welfare throughout the Commonwealth. The regulation is comprehensible, clear, and consistent.

The State Board of Health is proposing to amend the regulation to adhere to the style and form guidelines of the Virginia Register and Virginia Administrative Code.

The regulation for Virginia Medical Scholarship Program is required by the Code of Virginia, and there is continued need for the regulation. No comments were received during the public comment period. The regulation is neither complex nor does it overlap with or duplicate any state or federal regulations. Technical amendments became effective in 2016. There has been no change in technology or other conditions since the 2016 regulatory action that would necessitate a substantive change to the Virginia Medical Scholarship Program or the regulation. The program administered by the regulation promotes physician recruitment and retention, which is intended to address the primary care physician shortages throughout the Commonwealth. Facilities that provide primary care services and that qualify as a small business benefit from the implementation of the regulation, and the regulation has no adverse economic impact on small business.

Contact Information: Olivette Buroughs, Statewide Health Workforce Manager, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190, or email olivette.buroughs@vdh.virginia.gov.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

DEPARTMENT OF HEALTH PROFESSIONS

Agency Notice

Pursuant to Executive Order 19 (2022) 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: 18VAC76-10, Regulations Governing the Health Practitioners' Monitoring Program for the Department of Health Professions. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 October 9, 2023, and ends October 30, 2023.

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: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4688, or email erin.barrett@dhp.virginia.gov.

BOARD OF NURSING

Agency Notice

Pursuant to Executive Order 19 (2022) 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: 18VAC90-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 October 9, 2023, and ends October 30, 2023.

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: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4520, or email jay.douglas@dhp.virginia.gov.

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Agency Notice

Pursuant to Executive Order 19 (2022) 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: 18VAC120-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 October 9, 2023, and ends October 30, 2023.

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: Joseph C. Haughwout, Jr., Regulatory Affairs Manager, Department of Professional and Occupational Regulation, Perimeter Center, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8566, or email joseph.haughwout@dpor.virginia.gov.

Agency Notice

Pursuant to Executive Order 19 (2022) 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: 18VAC120-40, Virginia Professional Boxing and Wrestling Events Regulations. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 October 9, 2023, and ends October 30, 2023.

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: Kathleen R. Nosbisch, Executive Director, Boxing, Martial Arts, and Professional Wrestling Advisory Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, or email boxing@dpor.virginia.gov.

BOARD OF PSYCHOLOGY

Agency Notice

Pursuant to Executive Order 19 (2022) 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: 18VAC125-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 October 9, 2023, and ends October 30, 2023.

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: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.

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TITLE 19. PUBLIC SAFETY

DEPARTMENT OF STATE POLICE

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of State Police conducted a periodic review and a small business impact review of 19VAC30-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The department is publishing its report of findings dated September 20, 2023, to support this decision.

The purpose of this regulation is to promote public involvement in the development, amendment, or repeal of the regulations of the Department of State Police. The regulation is necessary to define and guide the members of the public who are interested an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. The regulation follows the model guidelines developed by the Department of Planning and Budget, is written clearly, and is easily understandable. The regulation outlines the purpose, definitions, and how notifications are guided. The regulation defines procedures on public comment, rulemaking, appointment of regulatory advisory panel and negotiated rulemaking panel, how meetings are conducted, public hearings on regulations, and periodic reviews of regulations.

After reviewing the regulation, the agency decided to retain the regulation as is without amendment or repeal.

There is continued need for the regulation, as the regulation is necessary to promote public involvement in the development, amendment, or repeal of the regulations of the Department of State Police. The department did not receive any comments or complaints during the 30-day public comment period. The regulation is not complex and does not overlap, duplicate, or conflict with any other federal or state laws or regulations. The regulation is evaluated annually and does not rely on technology, economic conditions, or any other factors due to the nature of public participation.

This regulation outlines the Virginia Regulatory Town Hall as the mechanism for notification, registration, and meeting procedures for public participation determined there was no effect to the economic impact of small businesses.

Contact Information: Keenon Hook, Law Enforcement Manager III, Department of State Police, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-4606, or email keenon.hook@vsp.virginia.gov.