Vol. 36 Iss. 3 - September 30, 2019

Chapter 470
Fast-Track Regulation

Title of Regulation: 22VAC40-470. Exemptions Applicable to Public Assistance Programs (repealing 22VAC40-470-10).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: October 30, 2019.

Effective Date: November 15, 2019.

Agency Contact: Karin Clark, Regulatory Coordinator, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7017, or email

Basis: Section 63.2-217 of the Code of Virginia authorizes the State Board of Social Services to adopt regulations necessary or desirable to carry out the purpose of Title 63.2 of the Code of Virginia.

Purpose: In 2013, legislative action transferred adult services and adult protective services from the State Board of Social Services and the Virginia Department of Social Services to the Department for Aging and Rehabilitative Services (DARS). In 2017, DARS included the regulatory provisions in 22VAC40-470 in 22VAC30-80-80. This regulation is no longer needed, and repealing this regulation will have no impact on the health, safety, and welfare of Auxiliary Grant recipients.

Rationale for Using Fast-Track Rulemaking Process: The State Board of Social Services does not have the authority to regulate the Auxiliary Grant Program. For this reason, repealing this chapter is not expected to be controversial.

Substance: The amendments repeal the regulation.

Issues: There are no advantages or disadvantages to the public or Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Board of Social Services (Board) seeks to repeal 22VAC40-470 (Exemptions Applicable to Public Assistance) for the Auxiliary Grants Program. The Auxiliary Grants Program is no longer administered by the Board; it is administered by the Department of Aging and Rehabilitative Services (DARS). Effective June 30, 2017, the text of this regulation has been included verbatim under 22VAC30-80, rendering this regulation redundant.

Background. The 2012 Acts of Assembly (Chapters 803 and 835) eliminated the Department for the Aging and the Department of Rehabilitative Services and transferred their powers to the concomitantly created DARS. The same Acts transferred powers relating to the administration of auxiliary grants, adult services, and adult protective services from the Department of Social Services (DSS) to the newly created DARS.

DSS regulations pertaining to the Auxiliary Grants Program were previously laid out in 22VAC40-25 and were relocated to DARS and renumbered as 22VAC30-80, effective October 23, 2013. However, 22VAC40-470 seems to have been erroneously omitted in the transfer that occurred in 2013. Recognizing this omission, DARS amended 22VAC30-80 in 2017 to add Section 80 containing the full text of 22VAC40-470-10 verbatim. In doing so, they folded it into the existing numbering convention such that it is unlikely to be erroneously omitted in the future.

The now redundant regulation, which the DSS seeks to repeal, contains a single section on "Foreign government restitution payments to Holocaust survivors" saying "all such payments made on or after August 1, 1994 be disregarded in the determination of eligibility or amount of assistance for the Auxiliary Grants Program as defined in § 51.5-160 of the Code of Virginia."

Estimated Benefits and Costs. The proposed amendment appears to benefit the public by marginally improving the clarity of the Virginia Administrative Code. The proposed amendment does not create any new initial or ongoing cost to the public.

Businesses and Other Entities Affected. The proposed amendment affects readers of the Virginia Administrative Code, but does not affect any business or other entities particularly.

Localities2 Affected.3 The proposed amendment does not affect particular localities or introduce new costs for local governments. Accordingly, no additional funds would be required.

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

Effects on the Use and Value of Private Property. The proposed amendment has no effect on the use and value of private property, nor does it affect real estate development costs.

Adverse Effect on Small Businesses:4

The proposed amendment does not adversely affect small businesses.


2"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.

3§ 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

4Pursuant to § 2.2-4007.04 of the Code of Virginia, 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."

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.


The regulatory action repeals 22VAC40-470, which provides that the value of foreign government restitution payments to Holocaust survivors on or after August 1, 1984, are to be disregarded in determining Auxiliary Grant eligibility and assistance amounts. Since 2012, pursuant to Chapters 803 and 835 of the 2012 Acts of Assembly, the Auxiliary Grant Program has been administered by the Department of Aging and Rehabilitative Services, and this provision is included in one of that agency's regulations.

VA.R. Doc. No. R20-5985; Filed August 29, 2019, 8:35 a.m.