TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Waste Management Board conducted a periodic review and a small business impact review of 9VAC20-190, Litter Receptacle Regulations, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated October 1, 2020, to support this decision.
This regulation is necessary to meet the requirements of the Code of Virginia and to protect human health and the environment. This regulation assists with the prevention of litter by providing requirements for litter receptacles to be placed and maintained for use by the public. The department has determined that the regulation is clearly written and easily understandable by the individuals and entities affected.
The regulation is effective and continues to be needed and is being retained. This regulation continues to be needed to protect human health and the environment. This regulation requires litter receptacles to be placed and maintained for the public to use. These receptacles are a critical component of the prevention of litter in the Commonwealth. Without these receptacles, the public would not have receptacles to deposit their trash in while they are in public, which would potentially lead to an increase in littering in the Commonwealth and the associated negative impacts to human health and the environment.
No public comments were received during the comment period.
This regulation is not complex. It requires placement of litter receptacles at certain places throughout the Commonwealth. In most cases, the regulation requires a minimum of one litter receptacle to be placed at locations where litter needs to be deposited to prevent it from being improperly discarded. The regulation allows the entity that is required to provide and maintain litter receptacles the ability to decide the appropriate number of litter receptacles needed to collect the litter and the frequency for them to be emptied.
This regulation does not overlap, duplicate, or conflict with any state law or state regulation. A periodic review was last conducted on this regulation in 2016. Since that time, changes to technology and economic conditions have not impacted this regulation.
As currently written, the regulation meets the requirements of state law while minimizing the impacts on small businesses.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PSYCHOLOGY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Psychology conducted a periodic review and a small business impact review of 18VAC125-30, Regulations Governing the Certification of Sex Offender Treatment Providers, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated November 5, 2020, to support this decision.
Treatment of sex offenders requires special training and expertise. The goal is to treat the offender to avoid recidivism and to also protect the public. The board determined that additional standards of practice were necessary to ensure a certified provider could be held accountable for unprofessional conduct similar to any other mental health provider. Therefore, the regulation is absolutely necessary for public health, safety, and welfare. 18VAC125-30 is generally clearly written and understandable, but some sections will be amended for greater clarity.
Upon recommendation from a regulatory advisory panel, the Board of Psychology decided to amend the regulation via a fast-track rulemaking action.
The Code of Virginia requires mandatory certification for persons who practice as sex offender treatment providers regardless of whether they hold another license or work in an exempt setting in which no license is required. Therefore, there is a continued need for the regulation.
There are occasionally questions from applicants about what documentation is needed for certification or from certificate holders about continuing education, so those sections are being amended for greater clarity. Generally, there have been no complaints and few comments received concerning the regulation.
The regulation is not considered to be complex. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.
The last regulatory review amendments for this chapter became effective on January 15, 2016. Since then, there have been two actions to reduce the renewal fee and one action to increase the handling fee for dishonored payments for consistency with the fee required in the Code of Virginia.
In the practice of sex offender treatment, some of the terminology has changed and is updated in the regulation. Additionally, there is a greater utilization of technology in the provision of supervision and in the treatment of offenders. Accordingly, the definition of "face-to-face" includes the use of real-time interactive contacts in which there is an opportunity for interaction by visual and audio means. Standards of practice are amended to clarify that they are applicable regardless of the means by which treatment is provided.
There are no changes recommended that will create any economic impact on small businesses.
Contact Information: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406.
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TITLE 23. TAXATION
DEPARTMENT OF TAXATION
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Taxation conducted a periodic review and a small business impact review of 23VAC10-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated November 13, 2020, to support this decision.
The Department of Taxation has determined that the regulation is required by law and is clearly written and easily understandable.
The regulation was revised in 2009 to adopt the model public participation guidelines issued by the Department of Planning and Budget. The department recommends that this regulation stay in effect without change because it is required by § 2.2-4007.02 of the Code of Virginia and assists in notifying the public of the agency's regulatory actions. No significant statutory changes have occurred since this regulation was promulgated that necessitate amending it.
The regulation continues to be necessary as it is required by § 2.2-4007.02 of the Code of Virginia and establishes the mechanisms by which the agency will advise the public of the agency's regulatory actions. The department has received no complaints or comments from the public concerning the regulation. The regulation is based on the Department of Planning and Budget's model guidelines and is not complex. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. Since this regulation's adoption in 2008, there have not been significant changes in technology, economic conditions, or other factors that would necessitate amending this regulation. As the regulation is concise and up-to-date, it has no economic impact on any businesses, including small businesses.
Contact Information: Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299.
Report of Findings
23VAC10-230, Watercraft Sales and Use Tax
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Taxation conducted a periodic review and a small business impact review of 23VAC10-230, Watercraft Sales and Use Tax, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated November 10, 2020, to support this decision.
The Department of Taxation has determined that the regulation is necessary for the administration of the tax and thus necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understandable.
Six sections of the regulation that duplicated state law were repealed in 2007. As the regulation was last amended in 2009, and there have been no significant change in the Watercraft Sales and Use Tax statutes subsequent to the amendments, the Department of Taxation has determined that the regulation should be retained as is without making changes.
The Watercraft Sales and Use Tax is administered by the Department of Taxation as provided by rules and regulations promulgated by the Tax Commissioner. Accordingly, the regulation continues to be necessary to clarify the administration of the tax. The department has received no complaints or comments from the public concerning the regulation. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last revised in 2009. The department is not aware of any technology, economic conditions, or other factors that have changed in the area affected by the regulation. As the regulation is concise and up-to-date, the regulation has no economic impact on any businesses, including small businesses.
Contact Information: Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Taxation conducted a periodic review and a small business impact review of 23VAC10-310, Tax on Wills and Administration, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated November 10, 2020, to support this decision.
The Department of Taxation has determined that the regulation is necessary for the administration of the tax and thus necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understandable.
Two sections of the regulation that duplicated state law were repealed in 2006. As the regulation was last amended in 2016, and there have been no significant change in the Tax on Wills and Administrations statutes subsequent to the amendments, the Department of Taxation has determined that the regulation should be retained as is without making changes.
The Tax on Wills and Administrations is administered by the Department of Taxation as provided by rules and regulations promulgated by the Tax Commissioner. Accordingly, the regulation continues to be necessary to clarify the administration of the tax. The department has received no complaints or comments from the public concerning the regulation. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last revised in 2016. The department is not aware of any technology, economic conditions, or other factors that have changed in the area affected by the regulation. As the regulation is concise and up-to-date, the regulation has no economic impact on any businesses, including small businesses.
Contact Information: Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Taxation conducted a periodic review and a small business impact review of 23VAC10-370, Cigarette Tax Regulations, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated November 13, 2020, to support this decision.
The Department of Taxation has determined that the cigarette tax regulation is necessary for the administration of the tax and therefore necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understandable.
In 2007 and 2019 regulatory actions, the department repealed 10 of the 16 Cigarette Tax regulation sections it had promulgated. The 2019 action also streamlined the regulation to reflect current law and strike language that was outdated and provided no additional guidance to statutes that are clear and unambiguous. The only change in the Cigarette Tax statutes subsequent to the amendments was in the 2019 Session of the General Assembly to amend § 58.1-1000 of the Code of Virginia to strike the reference to tobacco that is heated rather than burned from the definition of the term "cigarette." As "heat not burn" tobacco was not commercially available in Virginia at the time, the product was never subject to the tax and thus never addressed in the regulation. Accordingly, the department has determined that the cigarette tax regulation should be retained as is without making changes.
The regulation continues to be necessary to clarify the administration of the tax. The department has received no complaints or comments from the public concerning the regulation. After the 2019 revision of the regulation, it is not complex. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last evaluated in 2019 and was amended to reflect statutory changes since the regulation was last amended. The department is not aware of any technology, economic conditions, or other factors that have changed in the area affected by the regulation. As the regulation is concise and up-to-date, it has no economic impact on any businesses, including small businesses.
Contact Information: Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Taxation conducted a periodic review and a small business impact review of 23VAC10-390, Virginia Soft Drink Excise Tax Regulations, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated November 13, 2020, to support this decision.
The Department of Taxation has determined that the Soft Drink Excise Tax regulation is necessary for the administration of the tax and thus necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understandable.
As the regulation was updated in 2018, and there have been no subsequent legislative changes to the statutes imposing the tax, the Department of Taxation has determined that the Soft Drink Excise Tax regulation should be retained as is without making changes.
Under § 58.1-1703 of the Code of Virginia, the Soft Drink Excise Tax is administered by the Department of Taxation in the same manner as the state income tax, as provided by rules and regulations promulgated by the Tax Commissioner. Accordingly, the regulation continues to be necessary to clarify the administration of the tax. The department has received no complaints or comments from the public concerning the regulation. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last evaluated in 2018 and was amended to reflect statutory changes since the regulation was last amended. The department is not aware of any technology, economic conditions, or other factors that have changed in the area affected by the regulation. As the regulation is concise and up-to-date, the regulation has no economic impact on any businesses, including small businesses.
Contact Information: Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299.