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 12VAC5-570, Commonwealth of Virginia Sanitary Regulations for Marinas and Boat Moorings, and determined that this regulation should be amended. The board is publishing its report of findings dated March 7, 2023, to support this decision.
The General Assembly has charged the board with the responsibility to adopt, promulgate, and enforce regulations necessary to protect health and safety as it relates to establishing minimum requirements for adequate sewerage facilities at all marinas, other places where boats are moored, and boating access facilities. The regulation was reviewed, and it was determined to be essential to protecting public health. The regulation meets the criteria set forth in Executive Order 19 (2022). The regulation is necessary to interpret and apply the requirements imposed by the board and is clearly written and understandable.
The regulation has not undergone a comprehensive revision since 2015, therefore the board recommends amending the regulation to address certain sections that prohibit the permitting of marinas by local health departments. Under the current regulatory scheme, applicants must submit their application to the local health department that in turn must submit the application to the Office of Environmental Health Services. This creates a bifurcated system of inspection and program administration that is inefficient to staff and applicants. This amendment is intended to simplify the application process for industry, improve the administration and enforcement of marina standards, and reduce administrative burden to regulants.
The continued need for the regulation is established and required by § 32.1-246 of the Code of Virginia. No comments were received during the periodic reviews public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with any federal, state law, or regulation. The regulation has not undergone an evaluation to assess changes in technology, economic conditions, or other factors since 2015. Amending the regulation will minimize the economic impact on small businesses because it will simplify the permitting process for regulated entities.
Contact Information: Lance Gregory, Division Director, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7491.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR BARBERS AND COSMETOLOGY
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and a small business impact review: 18VAC41-11, Public Participation Guidelines; 18VAC41-20, Barbering and Cosmetology Regulations; 18VAC41-50, Tattooing Regulations; 18VAC41-60, Body-Piercing Regulations; and 18VAC41-70, Esthetics Regulations. The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether each 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 22, 2023, and ends June 12, 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: Kelley Smith, Executive Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and a small business impact review 22VAC40-35, Virginia Independence Program and 22VAC40-295, Temporary Assistance for Needy Families (TANF). The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether each 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 22, 2023, and ends June 12, 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: Mark Golden, Temporary Assistance for Needy Families Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7385.
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 22VAC40-201, Permanency Services - Prevention, Foster Care, Adoption and Independent Living, and determined that this regulation should be amended. The board is publishing its report of findings dated April 19, 2023, to support this decision.
This regulation governs the administration of foster care and adoption services. This authority is essential in order to protect the safety and welfare of children, their families, foster parents, and adoptive parents. The regulation is clearly written and easily understandable.
The regulation should be amended. The need for technical amendments was identified during the review. The public comments received will be considered.
There were no complaints and only one comment received from the public concerning this regulation during the public comment period. The one comment dealt solely with technical amendments and did not have any economic impact on small businesses. This regulation does not conflict with federal or state law or regulations, and there are no requirements that exceed applicable federal requirements. This regulation was last amended in 2022. There are no impacts on small businesses, as the regulation does not include any language that prescribes limitations or requirements on small businesses.
Contact Information: Lora Smith Hughes, Foster Care Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 997-1397.
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 22VAC40-411, General Relief Program, and determined that this regulation should be amended. The board is publishing its report of findings dated April 19, 2023, to support this decision.
This regulation governs the administration of general relief assistance. This authority is essential in order to protect public health, safety, and welfare. Amendments are needed to ensure that the regulation clearly articulates application and eligibility for those who seek the assistance.
This regulation should be amended. It was determined that the regulation omits critical information for the General Relief Program, including necessary information on the application process, the determination of eligibility, the amount of benefits, and the appeal process.
There were no complaints and no comments received from the public concerning this regulation during the public comment period. This regulation does not conflict with federal or state law or regulations, and there are no requirements that exceed applicable federal requirements, as general relief assistance is a state and local program. This regulation was last amended in 2013. The regulation was reviewed as part of a periodic review in 2018 and amendments were necessary, but the regulatory action was withdrawn in 2022. There are no impacts on small businesses, as the regulation does not include any language that prescribes limitations or requirements on small businesses.
Contact Information: Mark Golden, Temporary Assistance for Needy Families Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7385.
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 22VAC40-910, General Provisions for Maintaining and Disclosing Confidential Information of Public Assistance, Child Support Enforcement, and Social Services Record, and determined that this regulation should be amended. The board is publishing its report of findings dated April 19, 2023, to support this decision.
The current regulation protects the confidentiality of client records gathered from public assistance, child enforcement, and social services program. Therefore, the regulation is necessary to protect public welfare of citizens receiving these services. With some exceptions noted, this regulation requires consent from the client for disclosure of any personal information.
The agency recommends amending the regulation to clarify terms and definitions in 22VAC40-910-10, so the terms and definitions are consistent with the Code of Virginia and other regulations. There are no impacts on small businesses as this regulation does not pertain to small businesses.
Contact Information: Gail Jennings, Senior Research Associate, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 615-4000.