TITLE 1. ADMINISTRATION
STATE BOARD OF ELECTIONS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-10, Public Participation Guidelines, and determined that this regulation should be retained as is. The department is publishing its report of findings dated December 1, 2021, to support this decision.
The Department of Elections has determined that this regulation is necessary to ensure the agency's stakeholders are aware of the requirements for publicly participating in the regulatory process. The regulation is clearly written and easily understandable. The department recommends that this regulation stay in effect without change. The regulation is mandated by statute. The department has determined this regulation is effective as currently written and does not burden small businesses. There are no known overlaps or conflicts with federal or state law.
Contact Information: Ashley Coles, Agency Regulatory Coordinator, Department of Elections, Washington Building, 1100 Bank Street, First Floor, Richmond, VA 23219, FAX (804) 371-0194, or email ashley.coles@elections.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-40, Voter Registration, and determined that this regulation should be amended. The final regulatory action to amend 1VAC20-40, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Ashley Coles, Agency Regulatory Coordinator, Department of Elections, Washington Building, 1100 Bank Street, First Floor, Richmond, VA 23219, FAX (804) 371-0194, or email ashley.coles@elections.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-45, Absent Military and Overseas Voters, and determined that this regulation should be amended. The final regulatory action to amend 1VAC20-45, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Ashley Coles, Agency Regulatory Coordinator, Department of Elections, Washington Building, 1100 Bank Street, First Floor, Richmond, VA 23219, FAX (804) 371-0194, or email ashley.coles@elections.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-70, Absentee Voting, and determined that this regulation should be amended. The final regulatory action to amend 1VAC20-70, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Ashley Coles, Agency Regulatory Coordinator, Department of Elections, Washington Building, 1100 Bank Street, First Floor, Richmond, VA 23219, FAX (804) 371-0194, or email ashley.coles@elections.virginia.gov.
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TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
FORENSIC SCIENCE BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Forensic Science Board conducted a periodic review and a small business impact review of 6VAC40-50, Regulations for the Approval of Marijuana Field Tests for Detection of Marijuana Plant Material, and determined that this regulation should be amended.
The Notice of Intended Regulatory Action to amend 6VAC40-50, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Amy Jenkins, Department Counsel, Department of Forensic Science, 700 North 5th Street, Richmond, VA 23219, telephone (804) 786-6848, or email amy.jenkins@dfs.virginia.gov.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
COMMONWEALTH TRANSPORTATION BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-120, Rules and Regulations Controlling Outdoor Advertising and Directional and Other Signs and Notices, and determined that this regulation should be retained as is. The department is publishing its report of findings dated August 24, 2021, to support this decision.
23 USC § 131(a) states that "The Congress hereby finds and declares that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate System and the primary system should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty." The regulation is written to be consistent with and comply with the federal requirements and is necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understandable. The board recommends retaining the regulation as is.
The regulation is necessary to enforce restrictions and requirements on outdoor advertising along or in sight of federal-aid highways in compliance with federal law. The board has received no complaints concerning the regulation. The regulation is not complex and is consistent with federal and state law. The regulation was last amended in 2004, and the most recent periodic review of the regulation was in 2001.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-200, Vegetation Control Regulations on State Rights-of-Way, and determined that this regulation should be amended.
The fast-track rulemaking action to amend 24VAC30-200, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, 11th Floor, Richmond, VA 23219, telephone (804) 786-1830, or email joanne.maxwell@vdot.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-451, Airport Access Fund Policy, and determined that this regulation should be repealed. The department is publishing its report of findings dated August 26, 2021, to support this decision.
New or expanding airports and funding for airport access are recognized as valuable tools in economic development for localities. The regulation is clearly written and easily understandable. The Airport Access Program Guide can serve the same purposes as the regulation if posted on the Virginia Regulatory Town Hall as a guidance document. Therefore, the board recommends repeal of the regulation.
With the adoption of the Airport Access Program Guide as a guidance document, there is no continued need for the regulation. The board has received no complaints concerning the regulation. The regulation is not complex and does not conflict with federal or state law. The regulation was last amended in 2012 and has not been subject to a prior periodic review.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-551, Integrated Directional Signing Program (IDSP) Participation Criteria, and determined that this regulation should be retained as is. The department is publishing its report of findings dated August 26, 2021, to support this decision.
The Integrated Directional Signing Program (IDSP) contributes to the public health, safety, and welfare by facilitating motorist awareness and accessibility to historical, cultural, or commercial attractions. The IDSP consolidates four specific highway signing programs:
• Specific Travel Services (Logo) Signs: guide motorists to specific gas, food, lodging, camping, and attraction locations along Virginia's interstates and limited-access highways.
• Tourist-Oriented Directional Signs (TODS): a program for signs used along roads that do not have limited access, such as most primary and secondary highways, to guide motorists to businesses, services, recreation, and other facilities nearby.
• Supplemental Guide Signs: guide motorists traveling from outside the immediate area to specific cultural, recreational, historical, governmental, educational, military, and other sites of interest on limited access, primary, or secondary roadways.
• General Motorist Services Logo Signs: use standard symbols or general terms to let motorists know that services such as hospitals, public phones, gas, food, lodging, or camping are nearby.
In addition, the IDSP incorporates special programs signing criteria for the following programs:
• Civil War Trails;
• Birding and Wildlife Trails;
• Wayfinding Signs;
• Winery Signage Program;
• Virginia Waterways Signage; and
• State Scenic River Signs
Further, additional criteria and considerations for the integration of the Winery Signage Program are addressed in the IDSP.
The IDSP criteria address issues such as: requirements businesses and other program participants must meet for eligibility, new categories for specific programs, and fee structures. The regulation is clearly written and easily understandable.
The IDSP program contributes to the Commonwealth's economy, and the regulation provides clear guidance on the use of the IDSP program. The board recommends retaining the regulation as is. The Virginia Department of Transportation (VDOT) is working to study the participation criteria. At this time, the study is not complete, and no recommendations have yet been made. The board will consider such recommendations and take appropriate action with respect to the regulation upon receipt of the study findings.
VDOT has received some comments regarding those criteria. However, at this time, the study is not complete, and no recommendations have yet been made. The regulation is not complex, nor does it conflict with federal or state law. The regulation was adopted in 2006 and has not been amended nor has it been the subject of a periodic review.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.