REGULATIONS
Vol. 39 Iss. 14 - February 27, 2023

TITLE 11. GAMING
CHARITABLE GAMING BOARD
Chapter 40
Final

REGISTRAR'S NOTICE: The Department of Agriculture and Consumer Services is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved, to repeal the Charitable Gaming Regulations under agency 11VAC15, Charitable Gaming Board, as a custodial act peripheral to promulgating replacement regulations under the authority of the Commissioner of the Department of Agriculture and Consumer Services. The department will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 11VAC15-40. Charitable Gaming Regulations (repealing 11VAC15-40-10 through 11VAC15-40-610).

Statutory Authority: § 18.2-340.15 of the Code of Virginia.

Effective Date: March 29, 2023.

Agency Contact: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3983, FAX (804) 371-7479, or email michael.menefee@vdacs.virginia.gov.

Summary:

Pursuant to Chapters 554 and 609 of the 2022 Acts of Assembly, this action repeals the Charitable Gaming Board Charitable Gaming Regulations (11VAC15-40). Chapters 554 and 609 provide, in part, that the regulations of the Charitable Gaming Board shall be administered by the Department of Agriculture and Consumer Services and shall remain in full force and effect until the Commissioner of the Department of Agriculture and Consumer Services promulgates regulations. The department is currently conducting a regulatory action to promulgate Charitable Gaming Regulations under the authority of the commissioner at 11VAC20-20; see the final regulatory action published in this issue of the Virginia Register of Regulations. The Charitable Gaming Regulations (11VAC20-20) will include (i) the regulatory requirements previously provided in 11VAC15-40 and (i) new provisions regarding electronic gaming.

The repeal of Charitable Gaming Regulations (11VAC15-40) and replacement with the new chapter under the Department of Agriculture and Consumer services at 11VAC20-20 will become effective on the same date.

VA.R. Doc. No. R23-7445; Filed February 03, 2023