TITLE 12. HEALTH
STATE BOARD OF HEALTH
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 12VAC5-410, Regulations for the Licensure of Hospitals in Virginia, and determined that this regulation should be amended. The board is publishing its report of findings dated October 28, 2022, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it requires hospitals to meet minimum standards for personnel, clinical and nonclinical services, treatment of patients, and facility safety. These standards protect members of the public who utilize hospital services. There is room for improvement on the clarity and understandability of the regulation.
In the short term, the board has decided to amend the regulation to (i) incorporate statutory and legislative mandates that have been inadvertently omitted; (ii) update regulatory provisions to include current clinical and industry practices; and (iii) update licensing processes and procedures. In the mid-term to long-term, the board intends to repeal 12VAC5-410 and replace it with at least two regulations. One regulation will focus on hospitals that only provide outpatient services and one will regulate hospitals that may provide inpatient and outpatient services. Through this repeal-and-replace effort, the board hopes to more closely align the hospital licensure program with the federal certification program to reduce confusion for both regulants and the public.
A continued need for the regulation exists as the board is mandated to regulate hospitals. The board did not receive complains or comments concerning the regulation from the public during the comment period. The regulation is of moderate complexity, which is not an unexpected outcome given the overall complexity of the health care industry. The regulation does not conflict with federal law or regulation, though it currently does not meet all state mandates, which prompted the board to decide to amend the regulation to remedy this. The regulation has been incrementally amended as changes to the Code of Virginia occurred; however, more comprehensive changes to the regulation are needed to reflect changes in the health care industry, technology, and economic conditions, including those that impact small businesses. The board is not aware of any general hospital that would meet the definition of "small business"; to the extent that outpatient surgical hospitals meet this definition, hospitals of such classification already have fewer regulatory requirements in comparison to general hospitals.
Contact Information: Rebekah E. Allen, Senior Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2102.
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, this regulation is undergoing a periodic review and a small business impact review: 12VAC35-250, Peer Recovery Specialists. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 January 2, 2023, and ends February 1, 2023.
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: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF DENTISTRY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Dentistry conducted a periodic review and a small business impact review of 18VAC60-15, Regulations Governing the Disciplinary Process, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 2, 2022, to support this decision.
This Board of Dentistry regulation is necessary for the protection of public health, safety, and welfare because it sets out the methods by which the board recovers disciplinary costs and the criteria by which the board may delegate informal fact-finding procedures to an agency subordinate. This regulation is necessary to continue to collect fees for disciplinary costs, when appropriate, and to allow the board to use agency subordinates to review certain cases. The Board of Dentistry has reviewed this chapter and determined that it is clearly written and understandable.
The board received no comments during the periodic review. The regulation is not complex and contains only two sections. The regulation does not overlap or duplicate state law or regulations. The regulation has not been amended since 2015, but there has been no change in law, practice, or standard disciplinary procedure that would require a change in the regulation. This regulation does not create an economic impact on small business. There are no compliance requirements. 18VAC60-15-10 only applies if a licensee is subject to discipline due to violations of laws or regulations. 18VAC60-15-20 does not apply to licensees of the board at all, but is a procedural section pertaining to how the board operates.
Contact Information: Jamie Sacksteder, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4581.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
DEPARTMENT OF MOTOR VEHICLES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Motor Vehicles conducted a periodic review and a small business impact review of 24VAC20-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The department is publishing its report of findings to support this decision.
This regulation 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. Notice of the agency's regulatory actions assists in protecting the public's welfare. The regulation is clearly written and easily understandable.
Section 2.2-4007.02 was amended by Chapter 795 of the 2012 Acts of Assembly to allow for interested persons to be accompanied by and represented by counsel or other representative when submitting data, views, and information to an agency during the promulgation of regulations. The Department of Planning and Budget's model public participation guidelines were accordingly amended. As the sole potential amendment is already reflected within the statutory provision of the Code of Virginia, the Department of Motor Vehicles determined any update to conform with the new version of the Department of Planning and Budget's model public participation guidelines would be duplicative and unnecessary. The regulation remain in effect without change because it is mandated by law and assists in notifying the public of the agency's regulatory actions.
The agency has not received any substantive comments or complaints regarding this regulation. The regulation is not complex and is easily understood. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. No factors have changed since the regulation was promulgated that necessitate amending this regulation. This regulation places no economic burden on any small business.
Contact Information: Patrick Harrison, Acting Legislative Services Manager, Department of Motor Vehicles, P.O. Box 27412, Richmond, VA 23269-0001, telephone (804) 249-5115.
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 (CTB) conducted a periodic review and a small business impact review of 24VAC30-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 25, 2022, to support this decision.
The CTB's public participation guidelines regulation mirrors the Department of Planning and Budget's (DPB's) model public participation guidelines regulation as that existed at the time the board's public participation regulation was last amended in 2021. The regulation is necessary to promote public involvement in the development, amendment, or repeal of regulations. Further, the regulation is clearly written and understandable.
There is a continued need for this regulation because it promotes public involvement in the development, amendment, or repeal of CTB regulations. There is no overlap, duplication, or conflict with federal or state law or regulation. There have been no complaints received from the public to date. Increased public participation is both an agency best practice and beneficial to the public, both to those who are interested in and choose to participate in a particular rulemaking as well as to those who decline to participate but may benefit from the participation of others. The last review of this regulation occurred in 2019, and the regulation was last amended in 2021 to align it with the most recent model public participation guidelines from DPB. The CTB does not believe that this regulation has a significant economic impact on small businesses.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board (CTB) conducted a periodic review and a small business impact review of 24VAC30-41, Rules and Regulations Governing Relocation Assistance, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 25, 2022, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare by providing relocation benefits and advisory assistance to persons displaced by a highway construction project and ensuring they are treated fairly and equitably. The regulation provides for relocation of displaced persons and personal property in a timely manner to meet the needs of those persons and to achieve project schedules. The regulation is clearly written and easily understandable.
There is a continued need for this regulation because it is required to implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 USC § 4601 et seq.) in order for the Virginia Department of Transportation to receive federal financial assistance. It provides a system of benefits with the following objectives: "To ensure that persons displaced as a direct result of Federal or federally-assisted projects are treated fairly, consistently, and equitably so that such displaced persons will not suffer disproportionate injuries as a result of projects designed for the benefit of the public as a whole; and to ensure that Agencies implement these regulations in a manner that is efficient and cost effective." (49 CFR § 24.1(b) and (c)).
This regulation is not overly complex and is consistent with federal law and the related federal regulations in 49 CFR Part 24. The last review of this regulation occurred in 2019, and no amendments or public comments have occurred since then. The regulation provides eligible relocation benefits and advisory assistance to small businesses when affected by a state project, thereby minimizing the economic impact of these projects on small businesses.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board (CTB) conducted a periodic review and a small business impact review of 24VAC30-91, Subdivision Street Requirements, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 25, 2022, to support this decision.
The subdivision street requirements (SSR) establish the conditions and standards that must be met before certain subdivision streets constructed by entities other than the Virginia Department of Transportation (VDOT) will be accepted into the state secondary system for maintenance by VDOT. Proposed developments that include roads to be accepted into the secondary system and that were initially received by VDOT prior to July 1, 2009, may be grandfathered under these requirements. The consistent construction, review, and acceptance of streets that meet specified requirements promotes the protection of public health, safety, and welfare. The standards ensure access by emergency response vehicles, reduce congestion, and ensure the safe, efficient movement of people and goods. The SSR regulation is written in a manner that is clear and easily understandable.
The SSR regulation has a positive impact on state resources as well as small businesses. This regulation helps reduce long-term traffic congestion and supports and promotes more economic activity and better transportations systems. VDOT believes the regulation is not overly complex, and no overlap, duplication, or conflict with federal or state laws or regulations exists. The SSR regulation was originally adopted in 1949. In 2005, VDOT worked with external stakeholders to complete a comprehensive revision of the SSR regulation. There have been no complaints received from the public, and the one public comment received during the periodic review was supportive of changes which were included in the 2011 Secondary Street Acceptance Requirements (24VAC30-92), which follows the SSR regulation. There have been no amendments to the regulation since it was last reviewed in 2019.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board (CTB) conducted a periodic review and a small business impact review of 24VAC30-92, Secondary Street Acceptance Requirements, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 25, 2022, to support this decision.
The secondary street acceptance requirements (SSAR) establish the conditions and standards that must be met before secondary streets constructed by developers, localities, and entities other than the Virginia Department of Transportation (VDOT) will be accepted into the state secondary system for maintenance by VDOT. All proposed developments that include roads to be accepted into VDOT's Secondary System of Highways, which were initially received by the agency on or after July 1, 2009, must meet the requirements of the SSAR regulation. The consistent construction, review, and acceptance of streets that meet specified requirements promotes the protection of public health, safety, and welfare. The standards ensure access by emergency response vehicles, reduce congestion, and ensure the safe, efficient movement of people and goods. The SSAR regulation is written in a manner that is clear and easily understandable.
Legislation passed during the 2022 General Assembly session requires VDOT to convene a stakeholder advisory group to provide recommended amendments to the SSAR regulation regarding flexibility to limit the number of connections to adjacent property or highway networks, as deemed appropriate. Any amendments to the SSAR regulation as a result of this legislation will be addressed separately upon completion of the stakeholder advisory group's review.
The SSAR regulation has a positive impact on state resources as well as small businesses. This regulation is needed to reduce long-term traffic congestion and support and promote more economic activity and better transportations systems. VDOT believes the regulation is not overly complex, and no overlap, duplication, or conflict with federal or state laws or regulations exists. No complaints were received from the public, and no amendments to the regulation have been made since it was last reviewed in 2019.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board (CTB) conducted a periodic review and a small business impact review of 24VAC30-155, Traffic Impact Analysis Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 25, 2022, to support this decision.
The regulation establishes procedures by which localities submit proposals that will affect the state controlled transportation network to the Virginia Department of Transportation (VDOT) for review and comment. With that in mind, VDOT believes this regulation is necessary for the protection of the public health, safety, and welfare, as its administration intends to improve the manner in which land use and transportation planning decisions are coordinated and executed throughout the Commonwealth by establishing standardized methodologies and procedures for analyzing transportation impacts.
VDOT believes the regulation is not overly complex and should be easily understood by the regulated community and the public.
There is a continued need for the regulation, as it provides the most cost-effective means of analyzing and developing plans mitigating potential adverse impacts on state-controlled highways with regard to comprehensive plans, amendments to comprehensive plans, and rezoning proposals. There have been no complaints received from the public to date. VDOT believes the regulation is not overly complex, and no overlap, duplication, or conflict with federal or state laws or regulations exists. There have been no amendments to the regulation since it was last reviewed in 2019. Pursuant to its examination of the regulation, especially the reasonable site trip generation thresholds that have been established for determining a substantial impact that triggers the requirement for a submission, VDOT has determined that the regulatory requirements currently minimize the economic impact of the regulation on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board (CTB) conducted a periodic review and a small business impact review of 24VAC30-325, Urban Maintenance and Construction Policy, and determined that this regulation should be amended. The board is publishing its report of findings dated October 25, 2022, to support this decision.
The regulation is necessary for the protection of the public health, safety, and welfare as it specifies the appropriate design standards to which urban highways should be constructed and maintained in order for the cities and towns in which those urban highways are located to be eligible for certain state funds. The design standards ensure the safety of the public and facilitate the efficient movement of people and commercial goods on those highways. The regulation is clearly written and easily understandable.
The CTB is proposing to amend this regulation. The allocation of funding for urban construction has changed since the regulation was last amended, and amendments are now needed to conform the regulation with current requirements.
There is a continued need for this regulation because it provides certain details and conditions in order for urban streets to be eligible for maintenance payments as well as conditions for lane mile eligibility and calculations and further provides internal and external requirement for the administration of maintenance and construction payments for qualifying cities and towns. One comment was received during the public comment period for the periodic review, and the comment and agency response can be found on the Virginia Regulatory Town Hall at https://townhall.virginia.gov/L/previews.cfm.
There have been no amendments to the regulation since it was last reviewed in 2019. The regulation is not overly complex. There is no overlap, duplication, or conflict with federal or state law or regulation. The regulation does not impact small businesses, other than by promoting the efficient movement of people and commercial goods on urban highways.
The regulation needs to be updated to reflect the elimination of formula funds, notably the urban construction allocation to localities referenced in the regulation. Chapter 684 of the 2015 Acts of Assembly amended § 33.2-358 of the Code of Virginia by changing the previous construction formula distribution – 40% to the primary system, 30% to the secondary system, and 30% to the urban system – to the current process that no longer utilizes an urban construction allocation. This change to the distribution formula applied to funds allocated for fiscal years beginning on and after July 1, 2020. Further, § 33.2-362 of the Code of Virginia, which outlined the allocation of construction funds for urban system highways, was repealed by Chapter 684 of the 2015 Acts of Assembly. The current programs for funding projects in the urban system of highways are outlined in Chapter 3.4 of the Urban Construction and Maintenance Manual. This Manual, adopted by VDOT, can be found by the public on the Virginia Regulatory Town Hall (www.townhall.virginia.gov) under VDOT's Guidance Documents and on the VDOT website (www.virginiadot.org) on the Local Assistance Division's Urban Highways page.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board (CTB) conducted a periodic review and a small business impact review of 24VAC30-380, Public Hearings for Location and Design of Highway Construction Projects, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 25, 2022, to support this decision.
The origins of the regulation are nearly three decades old, and in the CTB's judgment, the regulation continues to be necessary to meet current federal and state laws and regulations regarding the requirements for public involvement in publicly funded transportation projects that will or are likely to affect the natural and human environments. Details of the public involvement process are typically coordinated and align with the level of involvement for state or federal environmental documents required by other sections of state and federal law and regulations. The regulation is clearly written and easily understandable.
The one public comment received during this periodic review was supportive of the regulation. The longevity of the regulation and the general awareness of its nature and purpose lead the CTB to determine that it is sufficiently narrow and not overly complex. The regulation is seamlessly interwoven with federal and state laws and regulations and is structured to support their policy goals and objectives. The CTB does not believe that this regulation has a significant economic impact on small businesses.
In 2008, the regulation received a review resulting in significant substantive changes, but the most recent periodic review was conducted in 2019, and no amendments have been made to the regulation since then. Technology that impacts the implementation and execution of activities required to comply with this regulation is constantly evolving and, in turn, may sometimes modify discrete public involvement procedures. These technology changes and improvements can make public involvement processes and activities easier to administer and more accommodating and meaningful to the public constituency that participates in them. However, in and of themselves, technology changes do not and should not serve as substitutes for the requirement to conduct said public involvement activities for publicly funded transportation projects as required by underlying federal and state laws and regulations.
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.