TITLE 8. EDUCATION

VIRGINIA MUSEUM OF FINE ARTS

Fast-Track Regulation

Title of Regulation: 8VAC103-10. Museum and Grounds Use and Access (amending 8VAC103-10-30).

Statutory Authority: § 23.1-3218 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 2, 2025.

Effective Date: July 17, 2025.

Agency Contact: David Cary, Director of Government Relations, Virginia Museum of Fine Arts, 200 North Arthur Ashe Boulevard, Richmond, VA 23220, telephone (804) 340-1628, or email david.cary@vmfa.museum.

Basis: Section 23.1-3218 of the Code of Virginia authorizes the Board of Trustees of the Virginia Museum of Fine Arts (VMFA) to manage, control, maintain, and operate the VMFA, including its contents, furnishings, grounds, funds, property, and endowments.

Purpose: This action is essential to protect the welfare of citizens because it facilitates clear, simple, and accurate information regarding the use of grounds and access to public parking at the VMFA.

Rationale for Using Fast-Track Rulemaking Process: This action is noncontroversial and appropriate for the fast-track rulemaking process because the amendments do not significantly alter anything visitors can or cannot do on the museum grounds.

Substance: The amendments reduce the number of regulations governing what visitors can do on museum grounds without making any change to the intent of the regulation. These changes simply consolidate and simplify the regulation.

Issues: The primary advantage to the public is that VMFA will have a simpler and shorter regulation. The primary advantage to VMFA is reduced confusion among staff about parking regulation and enforcement and permissible actions on the grounds. The board does not anticipate any disadvantages to the public, the agency, or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. In response to Executive Order 19 (2022) and Executive Directive 1 (2022), the Board of Trustees of the Virginia Museum of Fine Arts (VMFA) proposes to amend the regulation governing access to and the use of the museum, museum grounds, and other properties of the museum.

Background. Executive Directive 1 (2022) directs executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.² Specifically, the VMFA proposes to shorten and simplify 8VAC103-10-30, Procedures. The proposed changes include combining provisions pertaining to the posting of hours for the museum and for other properties. Other changes largely serve to remove duplicative language.

Estimated Benefits and Costs. The proposed amendments largely serve to condense the text and remove requirements that the board has deemed obsolete, but without changing the intent of the regulation. According to the board, the changes do not significantly alter VMFA policy and simply shorten the current regulatory document and make it simpler to read and comprehend. Thus, to the extent that the proposed changes are consistent with current agency practice and statute, they are not expected to create new costs.

Businesses and Other Entities Affected. As mentioned previously, the proposed changes would only shorten the text of the regulation, without making substantive changes to any requirements. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ Since the proposed changes do not change the substance of the regulation or create new costs, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed amendments do not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments neither affect the use and value of private property nor real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Virginia Museum of Fine Arts concurs with the Department of Planning and Budget's economic impact analysis.

Summary:

The amendments (i) provide for where bicycles may be used on museum grounds; (ii) clarify when the director may suspend prohibitions on meetings, gatherings, or assemblages and the displaying of flags, banners, or devices that are not part of a museum-sponsored activity or event; and (iii) revise procedures for pedestrian walkways.

8VAC103-10-30. Procedures.

A. Public service hours.

1. Museum building and other museum properties. Unless otherwise posted, the public exhibition areas of the museum building shall be open to the public during the hours posted at each public entrance and on the website: http://www.vmfa.museum. These opening/closing opening and closing times do not apply to members of the public attending functions or programs in the museum that are sponsored by the museum or are held at the museum pursuant to contract with the museum. Opening/closing Opening and closing times will be posted at each public entrance to the building. Unauthorized persons found on the premises after the posted closing times will be subject to arrest and prosecution.

2. Museum grounds. Unless otherwise posted, the grounds of the museum shall be open to the public every day, year round year-round.

a. Dogs may be brought onto the museum grounds provided that they the dogs are leashed and under the control of the owner at all times and that the owner assumes responsibility for cleaning up afterwards after the dog. Nothing herein in this chapter shall prohibit the use on museum grounds, in museum buildings, or in other properties of service animals actively serving the handicapped persons with a disability.

b. Bicycles are permitted only on all paved or wooden roadways, sidewalks, or pathways that do not have steps with the exception of times when sidewalks and pathways have pedestrians. During such times, bicyclists shall dismount completely and walk. Pedestrians always have the right of way. Bicycles are not permitted on grass areas.

c. Skateboards No skateboards, in-line skates, and or roller skates are not permitted.

3. Other properties. The public service hours of other properties of the museum shall be posted on those properties. Unauthorized persons found on these other properties during times other than the posted public service hours may be subject to arrest and prosecution.

B. Prohibited activities. No soliciting, pamphleteering, assemblages, or the displaying of flags, banners, or devices designed or adapted to bring into public notice any party, organization, or movement shall be permitted within the museum, its museum grounds, or other properties except as provided herein in subsection C of this section.

C. Exceptions. With the approval of the director, the prohibitions set forth in subsection B of this section may be suspended by the director to permit meetings, gatherings, or assemblages and the displaying of flags, banners, or devices that are not part of a museum-sponsored activity or event, if, in the director's reasonable discretion, (i) the general enjoyment and use of the museum building, its museum grounds, and other properties are not impaired,; (ii) the public visiting the museum or attending an approved function is not disrupted, (iii) the security or condition of the collection or the welfare, health, and safety of visitors and persons performing various duties on the premises are not endangered,; and (iv) it does not impose (iii) the suspension of the prohibition imposes no additional expenditure of staff or facility resources.

D. Permit required. Assemblages, meetings, or functions that are not sponsored by the museum or that are not held at the museum pursuant to a contract with the museum require a permit. Requests for permits for assemblages, meetings, or functions by any party, organization, movement, or other private group must be in writing, must be submitted to the director at least 15 working days prior to the requested date, and must contain the following information:

1. Name of organization, date of origin, status (e.g., corporation, unincorporated association, partnership, nonprofit corporation, etc.), and name and address of registered agent, if a corporation.

2. Name, title within the organization, permanent address, occupation, and telephone number of the individual member who shall be responsible for the conduct of the meeting or function.

3. Statement as to the approximate number of members or other persons who will attend.

4. Date and specific period of time requested (from......to.....).

5. Purpose of meeting or function, to include names and titles of speakers, if any.

E. Parking lots and walkways. Except for approved functions, the vehicular drives and, parking lots, and pedestrian walkways within the museum grounds must remain unencumbered and the pedestrian walkways must afford reasonable movement of pedestrians at all times during public service hours.

F. Denial of permit. Requests for meetings or functions of organizations shall be denied if, after proper inquiry, the director determines that the proposed event will impair the general enjoyment or use of the museum building, its museum grounds, and other properties; will disrupt the public visiting the museum or attending an approved function; will endanger the security or condition of the collection or the welfare, health, and safety of visitors and persons performing various duties on the premises; or will impose additional expenditure of staff or facility resources.

G. Violation of Virginia law. The director may refuse authorization for the use of the museum building, its museum grounds, or other property, if there is reason to believe that the organization requesting a permit is organized, functioning, or conducting business in violation of Virginia law.

H. Written approval. Authorization for the use of the museum building, its museum grounds, or other property will be set forth in a letter addressed to the individual named in subdivision D 2 of this section.

I. Revocation of permit. Violations of this policy may result in immediate revocation of the permit by the director and in the event such revocation occurs, all participants shall be immediately required to leave the museum building, its museum grounds, or other property forthwith.