Title of Regulation: 6VAC20-110. Rules Relating to Compulsory Minimum Training Standards for Private Security Services Business Personnel (repealing 6VAC20-110-10 through 6VAC20-110-90).

Statutory Authority: §§ 9.1-102 and 9.1-141 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: February 12, 2014.

Effective Date: February 27, 2014.

Agency Contact: Lisa McGee, Regulatory Manager, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 371-2419, FAX (804) 786-6344, or email lisa.mcgee@dcjs.virginia.gov.

Basis: The Governor's 2012 Regulatory Reform Initiative instructed all agencies to conduct a comprehensive review of regulations currently in place and repeal regulations that are unnecessary or no longer in use. These regulations have been replaced by current regulations promulgated pursuant to § 9.1-141 of the Code of Virginia and in accordance with the § 2.2-4012.1 of the Code of Virginia.

Purpose: The regulatory chapter no longer serves its intended purpose and was replaced by newly promulgated regulations in July 1994. Repealing these regulations is not expected to have any impact on public health, safety, or welfare.

Rationale for Using Fast-Track Process: The department is seeking to repeal the entire chapter 6VAC20-110. These regulations have not been enforced since they were replaced with a new chapter, 6VAC20-170, in 1994, which has since been repealed and replaced with the current chapter 6VAC20-171.

Substance: This action repeals existing regulations because they have been superseded and are therefore obsolete.

Issues: These regulations have not been enforced since they were replaced in 1994. 6VAC20-171 is in effect and governs the private security services industry, and these regulations are obsolete. The advantage to the public and the agency of repealing these regulations is that such action would eliminate unnecessary regulations. There are no known disadvantages to the public or the agency.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Criminal Justice Services Board (Board) proposes to repeal this regulation.

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

Estimated Economic Impact. According to the Department of Criminal Justice Services, the Rules Relating to Compulsory Minimum Training Standards for Private Securities Business Personnel (6VAC20-110) became obsolete in 1994 when they were replaced by the Regulations Relating to Private Security Services (6VAC20-170), which included the training standards for private security services business personnel. Thus these regulations have not been in use since 1994 and repealing them will have no impact beyond helping eliminate potential confusion by readers of the administrative code.¹

Businesses and Entities Affected. The proposed repeal of these regulations will not directly affect any businesses or entities.

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

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

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

Small Businesses: Costs and Other Effects. The proposed repeal will not affect costs for small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed repeal does not adversely affect small businesses.

Real Estate Development Costs. The proposed repeal does 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.

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¹ The Regulations Relating to Private Security Services (6VAC20-170) was subsequently repealed in 2000 and replaced with Regulations Relating to Private Security Services (6VAC20-171), which are currently in effect.

Agency's Response to the Department of Planning and Budget's economic impact analysis: The Department of Criminal Justice Services concurs generally with the economic impact analysis of the Department of Planning and Budget.

Summary:

Pursuant to the Governor's 2012 Regulatory Reform Initiative, the amendments repeal regulations that are unnecessary because they are no longer in use.