TITLE 11. GAMING

CHARITABLE GAMING BOARD

Fast-Track Regulation

Title of Regulation: 11VAC15-13. Public Participation Guidelines (repealing 11VAC15-13-10 through 11VAC15-13-110).

Statutory Authority: §§ 2.2-4007.02 and 18.2-340.18 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: September 23, 2026.

Effective Date: October 8, 2026.

Agency Contact: Joel Maddux, Director, Division of Consumer Protection, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3523, fax (804) 371-7479, or email joel.maddux@vdacs.virginia.gov.

Basis: Section 3.2-102 of the Code of Virginia grants the Commissioner of Agriculture and Consumer Services the authority to adopt regulations in accordance with the provisions of the Charitable Gaming Law (Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 of the Code of Virginia). Chapters 554 and 609 of the 2022 Acts of Assembly resulted in the reclassification of the Charitable Gaming Board as an advisory board and the assumption by the commissioner of the board's regulatory authority over charitable gaming.

Purpose: The change in regulatory authority for charitable gaming from the board to the commissioner requires that 11VAC15-13 be repealed. The welfare of citizens is protected when rulemaking bodies comply with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Rationale for Using Fast-Track Rulemaking Process: This rulemaking is expected to be noncontroversial because Chapters 554 and 609 of the 2022 Acts of Assembly resulted in the reclassification of the board as an advisory board and the assumption by the commissioner of the board's regulatory authority over charitable gaming. As the board is no longer a rulemaking body, its public participation guidelines are no longer needed.

Substance: This regulatory action repeals Public Participation Guidelines (11VAC15-13).

Issues: The primary advantage to the public and the agency is the removal from the Virginia Administrative Code of a regulation that is no longer needed. In a separate regulatory action, the commissioner will promulgate Public Participation Guidelines for the Department of Agriculture and Consumer Services, Charitable Gaming, providing the public with a simple and uniform method for participating in the agency's rulemaking process. There are no disadvantages to the public 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. The Commissioner of the Virginia Department of Agriculture and Consumer Services (VDACS) proposes to repeal the existing Charitable Gaming Board (board) Public Participation Guidelines (PPG) regulation to facilitate citizen participation in rulemaking concerning the VDACS regulations that pertain to charitable gaming.

Background. Chapters 554 and 609 of the 2022 Acts of Assembly (i) eliminated the provisions of the Code that authorized the Charitable Gaming Board (board) to promulgate regulations, (ii) reclassified the board as an advisory board within the meaning of § 2.2-2100 of the Code c, and (iii) authorized the commissioner to promulgate regulations to carry out the provisions of the Charitable Gaming Law (Article 1.1:1 of Chapter 8 of Title 18.2 of the Code of Virginia). Chapters 554 and 609 provide, in part, that the regulations of the Charitable Gaming Board shall be administered by VDACS and shall remain in full force and effect until the commissioner promulgates regulations. As such, it is necessary that the commissioner repeals the existing PPG regulation (11VAC15-13) through this regulatory action,² and that the commissioner, through a separate regulatory action, promulgates a new PPG regulation. The repeal of 11VAC15-13 and the promulgation of 11VAC20-10 will have the same effective date.

Estimated Benefits and Costs. Repealing the existing PPG regulation, along with the simultaneous promulgation of its replacement, would have no impact on requirements, but may nevertheless be beneficial by ensuring that the Virginia Administrative Code does not include a regulation for a Board that no longer has the authority to promulgate regulations.

Businesses and Other Entities Affected. The proposed repeal may affect readers of regulations. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation. 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. Repealing the existing PPG regulation, along with the simultaneous promulgation of its replacement, would neither increase net costs nor reduce net benefits. Thus, no adverse impact is indicated.

Small Businesses³ Affected.⁴ The proposed repeal does not adversely affect small businesses.

Localities⁵ Affected.⁶ The proposed repeal neither disproportionately affects particular localities nor affects costs for local governments.

Projected Impact on Employment. The proposed repeal does not affect employment.

Effects on the Use and Value of Private Property. The proposed repeal affects neither 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://townhall.virginia.gov/L/ViewAction.cfm?actionid=6879.

³ 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."

⁴ See §§ 2.2-4007.04 A 2 and 2.2-4007.1 C of the Code of Virginia.

⁵ "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.

⁶ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Charitable Gaming Board concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

Chapters 554 and 609 of the 2022 Acts of Assembly eliminate the provisions of the Code of Virginia that authorize the Charitable Gaming Board to promulgate regulations and authorize the Commissioner of Agriculture and Consumer Services to promulgate regulations to carry out the provisions of the Charitable Gaming Law (Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 of the Code of Virginia), provided that the regulations of the board shall be administered by the Department of Agriculture and Consumer Services and remain in full force and effect until the commissioner promulgates regulations. In a separate action published simultaneously with this action, the commissioner is promulgating new public participation guidelines at 11VAC20-10, which allows for the repeal the public participation guidelines adopted by the board at 11VAC15-13.

The repeal of 11VAC15-13 and the promulgation of 11VAC20-10 have the same effective date.