TITLE 4. CONSERVATION AND NATURAL RESOURCES
VIRGINIA SOIL AND WATER CONSERVATION BOARD
Agency Notice
Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 4VAC50-85, Nutrient Management Training and Certification Regulations. The review will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
Public comment period begins May 10, 2021, and ends May 31, 2021.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: Lisa McGee, Policy and Planning Director, Virginia Soil and Water Conservation Board, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378.
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Agency Notice
Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 12VAC5-71, Regulations Governing Virginia Newborn Screening Services. The review will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
Public comment period begins May 10, 2021, and ends May 31, 2021.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: Robin Buskey, Policy Analyst, Office of Family Health Services, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 863-7253.
* * *
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-165, Regulations for the Repacking of Crab Meat, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated December 3, 2020, to support this decision.
This regulation meets the criteria set out in Executive Order 14 (2010) because it is necessary to protect public health. The Regulations for the Repacking of Crab Meat (12VAC5-165) pertain to the practice of transferring crab meat from one container of one establishment, and the term is defined in § 28.2-800 in the Code of Virginia, into the container of an establishment certified by the Division of Shellfish Sanitation. This regulation pertains to the source of crabmeat and handling to prevent pathogenic growth in the ready to eat product to protect the consumer.
The Department of Health recommends that this regulation remain in effect with no change. No public comments were received about this regulation during the public comment period, which began December 9, 2019, and ended December 30, 2019. The regulation was amended in 2014.
There is a continuing need for this regulation because the regulation protects public health in regards to consumption of imported crabmeat that is repacked into containers that differ from the original processor. This periodic review is the first evaluation of the regulation since it was amended in 2014. In that time, technology, economic conditions, and other factors have not changed in the area affected by this regulation. No comments were received on this regulation during the public comment period, which began December 9, 2019, and concluded December 30, 2019. This regulation is required by state law, and is not overly complex. Consistent with the stated objectives of applicable law, it has no negative impact on the regulated community or on small businesses and does not overlap, duplicate, or conflict with federal or state law or regulation. As a result of this periodic review, the Department of Health recommends retention of the existing regulation with no changes.
Contact Information: Danielle Schools, Shellfish Plant Program Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7467.
TITLE 22. SOCIAL SERVICES
DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services (DARS) conducted a periodic review and a small business impact review of 22VAC30-20, Provision of Vocational Rehabilitation Services, and determined that this regulation should be amended. The department is publishing its report of findings dated April 13, 2021, to support this decision.
The agency recommends that the regulation be amended. Upon review of the chapter during the periodic review, DARS identified a few areas that could benefit from minor revisions and clarifications.
The regulation meets the criteria set out in Executive Order 14 (2018) as it is necessary for the protection of public health, safety, and welfare of individuals in the Commonwealth. The regulation ensures vocational rehabilitation (VR) services are provided in accordance with federal laws and regulations and state laws. The regulation provides VR clients and the public clarity with regard to VR eligibility, types of services, participation in the cost of services, and client rights. No comments have been received indicating that the regulation was not clearly written or easily understandable.
There is a continued need for the regulation as it protects the health, welfare, and safety of VR clients. During the periodic review, DARS received one comment regarding pre-employment transition services for youth in psychiatric residential treatment facilities and other temporary congregate residential settings. The regulation is designed to support clarity and ensure transparency in the delivery of VR services in the Commonwealth. The regulation ensures VR services are provided in accordance with federal laws and regulations and state laws. The regulation aligns and supports compliance with the federal Rehabilitation Act of 1973 (29 USC § 701 et seq.) and the ensuing federal VR regulations found at 34 CFR Part 361. The regulation does not conflict with federal or state law or regulation. The regulation ensures fidelity to the federal and state intent of the VR program. The chapter was last revised in 2018 to bring the existing regulation into conformity with the federal regulations found at 34 CFR Part 361 that were amended in 2016. During the 2018 revision, 22VAC30-20 was amended to (i) provide for pre-employment transition services for students with disabilities; (ii) require that a client obtain competitive employment in an integrated setting before the client's vocational rehabilitation case be closed with the client obtaining a successful employment outcome; (iii) disallow the case of a vocational rehabilitation client to be closed as successful if the client is earning less than the minimum or customary wages or benefits paid for the client's employment; and (iv) require that individuals with disabilities receive vocational counseling before they can be employed in positions earning less than minimum or customary wages or benefits paid for their employment. There is a no small business impact as a result of this regulation.
Contact Information: Charlotte Arbogast, Policy Analyst, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7063, FAX (804) 662-7663, TDD (800) 464-9950, or email charlotte.arbogast@dars.virginia.gov.
* * *
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services conducted a periodic review and a small business impact review of 22VAC30-50, Policies and Procedures for Administering the Commonwealth Neurotrauma Initiative Trust Fund, and determined that this regulation should be amended. Upon review, DARS identified several areas that could benefit from minor revisions. The changes align the regulatory chapter with the Code of Virginia and current practices and reduce potential ambiguities.
The fast-track regulatory action to amend 22VAC30-50, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Charlotte Arbogast, Policy Advisor, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7063, FAX (804) 662-7663, TDD (800) 464-9950, or email charlotte.arbogast@dars.virginia.gov.
STATE BOARD OF SOCIAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-221, Additional Daily Supervision Rate Structure.
This regulation is essential in determining additional daily supervision (ADS) payments for children in foster care, adopted youth, and youth participating in the kinship guardianship assistance program. There were no public comments during the NOIRA stage. This regulation does not overlap or conflict with federal or state laws or regulations. This regulation became effective on January 1, 2014, and this is the first comprehensive review.
The proposed action to amend 22VAC40-221, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Traci B. Jones, Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7499, or email traci.jones@dss.virginia.gov.