Title of Regulation: 8VAC20-300. Rules Governing Film Circulation from State and Regional Audiovisual Services (repealing 8VAC20-300-10, 8VAC20-300-20).

Statutory Authority: § 22.1-16 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: February 15, 2012.

Effective Date: March 1, 2012.

Agency Contact: Melissa Luchau, Office of Policy & Communications, Department of Education, P.O. Box 2120, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540, FAX (804) 225-2524, or email melissa.luchau@doe.virginia.gov.

Basis: Section 22.1-16 of the Code of Virginia provides the Board of Education with general authority to promulgate regulations deemed necessary to carry out the provision of Title 22.1 of the Code of Virginia.

Purpose: This proposal repeals an existing regulation. The rationale or justification for repealing the regulation is that it was approved by the Board of Education and became effective on or about September 1, 1980. It has never been updated or amended. Since the program has been discontinued and no longer exists, the regulation is now obsolete and unnecessary. In the interest of efficiency and effective management, a regulation governing a nonexistent program should be repealed.

Rationale for Using Fast-Track Process: Since the board is repealing a regulation that is obsolete, the fast-track rulemaking process is most appropriate for this action. The repeal of this regulation will not be controversial because the regulation was adopted more than 30 years ago and has never been amended. It is obsolete in that the program it governs no longer exists.

Substance: This proposal is to repeal the Rules Governing Film Circulation from State and Regional Audiovisual Services, 8VAC20-300. This regulation was approved by the Board of Education, became effective on or about September 1, 1980, and has two sections. The first prescribes the eligibility for the general circulation of films, videotapes and audiotapes, slides, transparencies, and filmstrips from state and regional audio visual services and the second prescribes the ordering process. The regulation has never been updated or amended to reflect any changes in the eligibility for circulation or the process to order such items. The lending program has been discontinued and is no longer in existence, making the regulation obsolete. There are no new substantive provisions. This regulation is being repealed.

Issues: There are no disadvantages to the public or the Commonwealth. The regulation is obsolete and its repeal will have no effect on the Commonwealth or on the public. Rather, it will decrease the number of regulations issued by the Board of Education.

Department of Planning and Budget Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Rules Governing Film Circulation from State and Regional Audiovisual Services, 8VAC20-300, was approved by the Board of Education (Board) and became effective on or about September 1, 1980, and has two sections. The first prescribes the eligibility for the general circulation of films, videotapes and audiotapes, slides, transparencies, and filmstrips from state and regional audio visual services and the second prescribes the ordering process. The regulation has never been updated or amended to reflect any changes in the eligibility for circulation or the process to order such items. The lending program has been discontinued and is no longer in existence, making the regulations obsolete. Thus, the Board proposes to repeal these regulations.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Since the lending program no longer exists, repealing these regulations will have no impact beyond reducing potential confusion for the public.

Businesses and Entities Affected. The regulations pertain to the 132 public school divisions in the Commonwealth.

Localities Particularly Affected. The proposed repeal of these regulations does not disproportionately affect particular localities.

Projected Impact on Employment. The proposal repeal of these regulations will not affect employment.

Effects on the Use and Value of Private Property. The proposed repeal of these regulations will not affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed repeal of these regulations will not affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed repeal of these regulations will not affect small businesses.

Real Estate Development Costs. The proposed repeal of these regulations will not affect real estate development costs.

Legal Mandate. 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 Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The State Board of Education agrees with the economic impact analysis done by the Department of Planning and Budget. The agency will continue to examine the economic and administrative impact of the regulations as they progress through the Administrative Process Act process.

Summary:

The proposed action repeals the Rules Governing Film Circulation from State and Regional Audiovisual Services (8VAC20-300). The regulations are obsolete because the lending program has been discontinued and no longer exists.