PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 40 Iss. 12 - January 29, 2024

TITLE 4. CONSERVATION AND NATURAL RESOURCES

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Soil and Water Conservation Board conducted a periodic review and a small business impact review of 4VAC50-70, Resource Management Plans, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 6, 2023, to support this decision.

The regulation is necessary for the protection of public health, safety, and welfare of the citizens and visitors to the Commonwealth.

The board will retain the regulation without amendment. There is a continued need for the regulation as the regulation is mandated by law. The regulation does not have an adverse impact on small businesses and may provide opportunities for small businesses in the environmental services industries. The regulation does not overlap, duplicate, or conflict with any known federal or state law or regulation.

Contact Information: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, FAX (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.

w –––––––––––––––––– w

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

REAL ESTATE APPRAISER BOARD

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Real Estate Appraiser Board conducted a periodic review and a small business impact review of 18VAC130-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated January 4, 2024, to support this decision.

The board's public participation guidelines mirror the Department of Planning and Budget (DPB) model public participation guidelines. The guidelines having the status of a regulation is necessary to promote public involvement in the development, amendment, or repeal of regulations. Further, the regulation is clearly written and understandable.

On October 17, 2023, the board voted to retain this regulation without amendment. The regulation continues to mirror the model public participation guidelines from DPB.

A continued need for this regulation exists because the regulation promotes public involvement in the development, amendment, or repeal of the regulations of the board. The board did not receive any comments or complaints during the public comment period. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with any other federal or state laws or regulations. The regulation was last evaluated in 2019 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. The board determined the regulation has no economic impact on small businesses.

Contact Information: Stephen Kirschner, Deputy Director for Licensing and Regulation, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reappraisers@dpor.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Real Estate Appraiser Board conducted a periodic review and a small business impact review of 18VAC130-20, Real Estate Appraiser Board Rules and Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated January 3, 2024, to support this decision.

The regulation contains the requirements for (i) obtaining a license as an appraiser or appraiser trainee; a certification as an instructor; and a registration of business entities, renewal and reinstatement of licenses, certifications, and registrations; (ii) standards of professional conduct to ensure competence and integrity of all regulants; and (iii) administering the regulatory program in accordance with Chapter 20.1 (§ 54.1-2009 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.

On October 17, 2023, the board voted to retain the regulation without amendment. In accordance with the Governor's Executive Directive Number One (2022), the board is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.

Sections 54.1-201 and 54.1-2013 of the Code of Virginia mandate the 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 board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who or firms that meet specific criteria set forth in the statutes and regulations are eligible to receive a real estate appraiser license, instructor certification, and business registration. The board is also tasked with ensuring that the board's 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 and 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 2019. Currently, the board is conducting a comprehensive review of the regulation.

Contact Information: Stephen Kirschner, Deputy Director for Licensing and Regulation, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reappraisers@dpor.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Real Estate Appraiser Board conducted a periodic review and a small business impact review of 18VAC130-30, Appraisal Management Company Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated January 3, 2024, to support this decision.

The regulation contains the requirements for (i) obtaining a license, (ii) renewal and reinstatement of licenses and registrations, (iii) standards of professional conduct to ensure competence and integrity of all regulants, and (iv) the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 20.2 (§ 54.1-2209 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.

On October 17, 2023, the board voted to retain the regulation without amendment. In accordance with the Governor's Executive Directive Number One (2022), the board is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.

Sections 54.1-201 and 54.1-2013 of the Code of Virginia mandate the 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 board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those firms that meet specific criteria set forth in the statutes and regulations are eligible to receive an appraisal management company license. The board is also tasked with ensuring that the board's 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 and 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 2019. Currently, the board is conducting a comprehensive review of the regulation.

Contact Information: Stephen Kirschner, Deputy Director for Licensing and Regulation, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reappraisers@dpor.virginia.gov.