Title of Regulation: 22VAC15-11. Public Participation Guidelines (repealing 22VAC15-11-10 through  22VAC15-11-110).

Statutory Authority: §§ 2.2-4007.02 and 63.2-217 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: June 19, 2013.

Effective Date: July 5, 2013.

Agency Contact: Karin Clark, Regulatory Coordinator, Department of Social Services, 801 East Main Street, Room 1507, Richmond, VA 23219, telephone (804) 726-7017, FAX (804) 726-7015, TTY (800) 828-1120, or email karin.clark@dss.virginia.gov.

Basis: In accordance with changes to the Code of Virginia effective July 1, 2012, the Child Day Care Council was abolished. Per Chapters 803 and 835 of the 2012 Acts of Assembly, regulations promulgated by the council pursuant to §§ 63.2-1734 and 63.2-1735 of the Code of Virginia shall be administered by the State Board of Social Services and remain in effect until the board promulgates new regulations. Section 63.2-217 of the Code of Virginia provides that the board shall adopt regulations necessary to carry out the purposes of Title 63.2 of the Code of Virginia.

Purpose: The State Board of Social Services has a public participation guidelines regulation (22VAC40-12) that mirrors 22VAC15-11, the Child Day Care Council's public participation guidelines regulation. This action repeals 22VAC15-11 because it is no longer needed.

Rationale for Using Fast-Track Process: The action is not expected to be controversial because the State Board of Social Services already has in effect a public participation guidelines regulation, which mirrors the Child Day Care Council regulation. The board's regulation will cover regulations previously promulgated by the council. Public participation will not be compromised by the repeal of 22VAC15-11. This action simply repeals an unnecessary regulation.

Substance: There are no substantive provisions or changes with this action.

Issues: There are no disadvantages to the public, agency, or Commonwealth. In keeping with the goal of streamlining government and creating efficiency, the action is advantageous to the public, agency, and the Commonwealth because it removes an unnecessary regulation from the Virginia Administrative Code and eliminates the administrative tasks associated with maintaining it.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Board of Social Services proposes to repeal public participation guidelines of a now defunct entity, the Child Day Care Council.

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

Estimated Economic Impact. In accordance with changes to the Code of Virginia, effective July 1, 2012, the Child Day Care Council (Council) was abolished. Chapters 803 and 835 of the 2012 Acts of Assembly mandated that regulations promulgated by the Council pursuant to §§ 63.2-1734 and 63.2-1735 shall be administered by the State Board of Social Services (Board) and remain in effect until the Board promulgates new regulations.

The Board already has public participation guidelines that are identical to those of the abolished Council. This action repeals the Council's duplicative public participation guidelines, as they are no longer needed. The proposed repeal is not expected to create any significant economic effects other than reducing the amount of regulatory text in the Virginia Administrative Code.

Businesses and Entities Affected. The proposed regulations primarily apply to child day care centers and their customers. Currently, there are 2,523 licensed day care centers. The number of child day care center customers is not known.

Localities Particularly Affected. Proposed regulations apply throughout the Commonwealth.

Projected Impact on Employment. No impact on employment is expected.

Effects on the Use and Value of Private Property. No effects of the use and value of private property expected.

Small Businesses: Costs and Other Effects. No costs or other effects are expected on small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed changes are not anticipated to have any adverse impact on small businesses.

Real Estate Development Costs. No impact on real estate development costs is expected.

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 Department of Social Services concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

Chapters 803 and 835 of the 2012 Acts of Assembly abolished the Child Day Care Council and transferred its responsibilities to the State Board of Social Services effective July 1, 2012. The State Board of Social Services has public participation guidelines in 22VAC40-12; therefore, the public participation guidelines for the Child Day Care Council are repealed.