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 12VAC5-550, Board of Health Regulations Governing Vital Records, and determined that this regulation should be amended. The board is publishing its report of findings dated July 19, 2023, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare because the regulation protects personal health information by providing the framework for the uniform administration and governance of the system of vital records. There is room for improvement in the clarity and understandability of the regulation.
The board has decided to amend the regulation as the regulation has not undergone a comprehensive revision for more than 10 years. Amendments are needed to (i) improve consistency within the chapter, (ii) incorporate statutory requirements, (iii) update language to provide clarity, and (iv) align with the current use of electronic technologies in the purview of vital records.
There is a continued need for the regulation as the board is mandated to install, maintain, and operate the only system of vital records throughout the Commonwealth, including the promulgation of regulations and the appointment of a State Registrar of Vital Records. No public comments were received during the comment period following the notice of periodic review.
The regulation is not overly complex and does not conflict, duplicate, or overlap with federal or state laws or regulations. Evaluations of the regulation were conducted in 1995, 2003, and 2004 when amendments to processes and text language occurred. Subsequent amendment of 12VAC5-550-330 in 2009 specifically updated the regulatory text to reflect gender-neutral language and provided a gender-neutral form for birth certificates. The board approved a fast-track regulatory action for select sections of the regulation during the June 2023 State Board of Health meeting to conform those sections to recent changes to the Code of Virginia.
Technology has changed since the last regulatory evaluations were conducted, with further digitization of vital records, online applications for vital record copy requests, and electronic submission processes for vital record forms. Commonwealth residents have experienced an overall rise in cost since the last evaluation of the regulation; however, the cost for amending a vital record or obtaining a copy for a vital record has remained unchanged at $10 for an amendment to a vital record and $12 for a certified copy of a vital record since 2004. There has been no change to the existing revenue share agreement between the system of vital records and local health departments since its implementation. The board may consider an increase to the administrative fee to amend a record to better align the fee charged for amendment with the service cost to amend a certified vital record.
There is no fiscal impact on small businesses in Virginia; however, there would be a fiscal impact on registrants and families if the administrative fee for an amendment to a vital record is changed. The board will consider all opportunities to minimize any adverse fiscal impact of the regulation, including on small businesses, during the development of the regulatory action to implement this periodic review result.
Contact Information: Rilee Bennett, Policy Analyst, Virginia Department of Health, 2001 Maywill Street, Suite 101, Richmond, VA 23230, telephone (804) 662-6258, or email rilee.bennett@vdh.virginia.gov.
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, the following regulation is undergoing a periodic review and a small business impact review: 12VAC35-225, Requirements for Virginia Early Intervention System. 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 November 20, 2023, and ends December 20, 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, or email ruthanne.walker@dbhds.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED INTERIOR DESIGNERS AND LANDSCAPE ARCHITECTS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects conducted a periodic review and a small business impact review of 18VAC10-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 27, 2023, to support this decision.
The board's public participation guidelines mirror the Department of Planning and Budget's model public participation guidelines. The guidelines, having the status of a regulation, are necessary to promote public involvement in the development, amendment, or repeal of regulations. Further, the regulation is clearly written and understandable.
On August 4, 2023, the board voted to retain this regulation without amendment. The regulation continues to mirror the model public participation guidelines from the Department of Planning and Budget.
The board did not receive any comments or complaints during the public comment period. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with any federal or other state laws or regulations. The regulation was last evaluated in 2019 and does not rely on technology, economic conditions, or any other factors. This regulation outlines the Virginia Regulatory Town Hall as the mechanism for notification, registration, and meeting procedures for public participation. The board determined the regulation has no economic impact on small businesses.
Contact Information: Kathleen R. Nosbisch, Executive Director, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, or email apelscidla@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects conducted a periodic review and a small business impact review of 18VAC10-20, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 25, 2023, to support this decision.
The regulation contains the requirements for (i) obtaining a license or certification; (ii) renewal and reinstatement of licenses and certificates; (iii) standards of professional conduct to ensure competence and integrity of all licensees and certificate holders; and (iv) administering the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia. The regulation is necessary for the protection of public health, safety, and welfare and is clearly written and understandable.
On August 4, 2023, the board voted to retain the regulation without amendment. In accordance with the Governor's Executive Directive Number One (2022), the board is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.
Section 54.1-201 of the Code of Virginia mandates that the board promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are licensed or certified. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulation.
There were no comments or complaints received during the public comment period. The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2019. Currently, the board is conducting a comprehensive review of the regulation.
Contact Information: Kathleen R. Nosbisch, Executive Director, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, or email apelscidla@dpor.virginia.gov.
BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Hearing Aid Specialists and Opticians conducted a periodic review and a small business impact review of 18VAC80-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 1, 2023, to support this decision.
The board's public participation guidelines mirror the Department of Planning and Budget's model public participation guidelines. The guidelines, having the status of a regulation, are necessary to promote public involvement in the development, amendment, or repeal of regulations. Further, the regulation is clearly written and understandable.
On August 16, 2023, the board voted to retain this regulation without amendment. The regulation continues to mirror the model public participation guidelines from the Department of Planning and Budget.
The board did not receive any comments or complaints during the public comment period. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with any federal or other state laws or regulations. The regulation was last evaluated in 2019 and does not rely on technology, economic conditions, or any other factors due to the nature of public participation. This regulation outlines the Virginia Regulatory Town Hall as the mechanism for notification, registration, and meeting procedures for public participation. The board determined the regulation has no economic impact on small businesses.
Contact Information: Kelley Smith, Executive Director, Board for Hearing Aid Specialists and Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, or email hasopt@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Hearing Aid Specialists and Opticians conducted a periodic review and a small business impact review of 18VAC80-20, Hearing Aid Specialists Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 1, 2023, to support this decision.
The regulation contains the requirements for (i) obtaining a license or certification; (ii) renewal and reinstatement of licenses and certificates; (iii) standards of professional conduct to ensure competence and integrity of all licensees and certificate holders; and (iv) administering the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia. The regulation is necessary for the protection of public health, safety, and welfare and is clearly written and understandable.
On August 16, 2023, the board voted to retain the regulation without amendment. In accordance with the Governor's Executive Directive Number One (2022), the board is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.
Section 54.1-201 of the Code of Virginia mandates that the board promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are licensed or certified. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulation.
There were no comments or complaints received during the public comment period. The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2019. Currently, the board is conducting a comprehensive review of the regulation.
Contact Information: Kelley Smith, Executive Director, Board for Hearing Aid Specialists and Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, or email hasopt@dpor.virginia.gov.
BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Hearing Aid Specialists and Opticians conducted a periodic review and a small business impact review of 18VAC80-30, Opticians Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 1, 2023, to support this decision.
The regulation contains the requirements for (i) obtaining a license or certification; (ii) renewal and reinstatement of licenses; (iii) standards of professional conduct to ensure competence and integrity of all licensees; and (iv) administering the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia. The regulation is necessary for the protection of public health, safety, and welfare and is clearly written and understandable.
On August 16, 2023, the board voted to retain the regulation without amendment. In accordance with the Governor's Executive Directive Number One (2022), the board is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.
Section 54.1-201 of the Code of Virginia mandates that the board promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive an optician license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulation.
Based on the comments received during the public comment period, there does not appear to be a reason to repeal the regulation. There also does not appear to be a reason to amend the regulation at this time. The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2019. Currently, the board is conducting a comprehensive review of the regulation.
Contact Information: Kelley Smith, Executive Director, Board for Hearing Aid Specialists and Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, or email hasopt@dpor.virginia.gov.
BOARD OF MEDICINE
Agency Notice
Pursuant to Executive Order 19 (2022) 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: 18VAC85-11, Public Participation Guidelines. 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 November 20, 2023, and ends December 11, 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: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4688, or email erin.barrett@dhp.virginia.gov.
BOARD OF COUNSELING
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Counseling conducted a periodic review and a small business impact review of 18VAC115-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 27, 2023, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it sets for the requirements for licensure and standards of practice for counseling. This regulation is necessary to continue to renew licenses for counseling and to issue new licenses for counseling, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. This regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The board has reviewed this regulation and determined that it is clearly written and understandable.
The board voted to retain the regulation as is. Public participation guidelines language is only changed when the Department of Planning and Budget has new model regulations for all agencies to adopt, which it does not. As a result, no changes are necessary.
The regulation has no impact on small businesses.
Contact Information: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.
BOARD OF COUNSELING
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Counseling conducted a periodic review and a small business impact review of 18VAC115-40, Regulations Governing the Certification of Rehabilitation Providers, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 27, 2023, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it sets the requirements for licensure and standards of practice for rehabilitation providers. This regulation is necessary to continue to renew licenses for rehabilitation providers and to issue new licenses for rehabilitation providers, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. This regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The board has reviewed this regulation and determined that it is clearly written and understandable.
The board decided to retain the regulation as is. This regulation has been addressed regularly, with the most recent regulatory action finishing late 2021. At this point, there is no need to further alter the regulation as it is effective in safely and competently regulating rehabilitation providers in Virginia.
The regulation has no impact on small businesses.
Contact Information: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.
BOARD OF VETERINARY MEDICINE
Agency Notice
Pursuant to Executive Order 19 (2022) 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: 18VAC150-11, Public Participation Guidelines. 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 November 20, 2023, and ends December 11, 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: Leslie L. Knachel, Executive Director, Board of Veterinary Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 597-4130, or email leslie.knachel@dhp.virginia.gov.
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TITLE 19. PUBLIC SAFETY
DEPARTMENT OF STATE POLICE
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 small business impact review: 19VAC30-115, Reporting and Tracing Firearms Confiscated or Recovered by Law-Enforcement Agencies; 19VAC30-170, Regulations Governing the Operation and Maintenance of the Sex Offender and Crimes Against Minors Registry; 19VAC30-230, Verification Checks on Firearm Transfers to Dealers; and 19VAC30-240, Regulations Governing the Virginia Community Policing Act. 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 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 November 20, 2023, and ends December 22, 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: Matthew T. Patterson, Criminal Justice Information Services Officer, Department of State Police, 7700 Midlothian Turnpike, North Chesterfield, VA 23235, telephone (804) 674-2023, or email matthew.patterson@vsp.virginia.gov.
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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 regulation is undergoing a periodic review and a small business impact review: 22VAC40-221, Additional Daily Supervision Rate Structure. 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 November 20, 2023, and ends December 11, 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: Lora Smith Hughes, Foster Care Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7538, or email lora.smith@dss.virginia.gov.
Agency Notice
Pursuant to Executive Order 19 (2022) 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: 22VAC40-601, Supplemental Nutrition Assistance Program. 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 November 20, 2023, and ends December 11, 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: Celestine Jackson, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7172, or email celestine.jackson1@dss.virginia.gov.
Agency Notice
Pursuant to Executive Order 19 (2022) 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: 22VAC40-730, Investigation of Child Abuse and Neglect in Out of Family Complaints. 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 November 20, 2023, and ends December 11, 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: Shannon Hartung, Child Protective Services Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 629-7125, or email shannon.hartung1@dss.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 (CTB) conducted a periodic review and a small business impact review of 24VAC30-401, Change of Limited Access Control, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 18, 2023, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare. Limited access highways can provide greater vehicle capacity and improved safety over nonlimited access highways by reducing the number of interactions with vehicles entering or exiting the highway and by prohibiting pedestrians and other nonmotorized traffic from the highway. This regulation specifies the procedures by which CTB and the Virginia Department of Transportation will change or adjust the limited access boundaries of such highways under certain circumstances. Adjustments take into consideration factors such as impact on traffic, changes in abutting land use, environmental impacts, and support from affected localities, and thus are effective in furthering safety and the purposes of limited access control. CTB believes that the regulation is clearly written and easily understandable.
CTB is proposing to retain this regulation without amendment. The regulation continues to promote the health, safety, and welfare of the citizens of the Commonwealth without creating an undue hardship on any of the users of the transportation system.
There is continued need for the regulation for purposes of complying with state and federal laws and regulations regarding changes of limited access control on all limited access control roadways. No complaints have been received. The regulation is not overly complex and does not duplicate or conflict with federal or state laws. The regulation was last amended in 2014 and the last periodic review of this regulation was conducted in 2019. The regulation does not negatively impact 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, 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 (CTB) conducted a periodic review and a small business impact review of 24VAC30-580, Guidelines for Considering Requests for Restricting Through Trucks on Primary and Secondary Highways, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 18, 2023, to support this decision.
The regulation provides for the restriction of trucks from using a segment of highway where they pose a safety risk or are incompatible with the character of the roadway environment. The regulation continues to be necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understandable.
The CTB is proposing to retain this regulation without amendment. The regulation continues to promote the health, safety, and welfare of the citizens of the Commonwealth without creating an undue hardship on any of the users of the transportation system.
No complaints have been received. The regulation is not overly complex and does not duplicate or conflict with federal or state laws. The regulation was adopted in 2003 and was amended in 2020 as a result of the last periodic review conducted. Trucking companies, which are small businesses, could be affected by the process provided by this regulation through the additional time and fuel necessary for a truck to drive an alternative route. Other small businesses that rely on trucks to transport and deliver goods could also be impacted if delivery times are delayed or if shipping costs increase due to the rerouting. However, the regulation requires that the termini of the proposed restriction be identical to the alternate routing to allow a time and distance comparison to be conducted and that the alternate routing not create an undue hardship for trucks in reaching their destination. These requirements ensure that the potential economic impacts to small businesses from any restriction imposed under the regulation are considered and minimized.
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, 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 (CTB) conducted a periodic review and a small business impact review of 24VAC30-620, Rules, Regulations, and Rates Concerning Toll and Bridge Facilities, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 18, 2023, to support this decision.
The regulation is necessary for the protection of the public health, safety, and welfare because it ensures that toll rates charged at Virginia Department of Transportation toll facilities are fixed by a process that allows for public input and that toll collection may be suspended during emergencies or other events where it is in the public interest to allow for free, efficient movement of vehicles through toll facilities. The regulation is clearly written and easily understandable.
The CTB is proposing to retain this regulation without amendment. The regulation continues to promote the health, safety, and welfare of the citizens of the Commonwealth without creating an undue hardship on any of the users of the transportation system.
No complaints have been received. The regulation is not overly complex and does not duplicate or conflict with federal or state laws. The regulation was amended in 2021 as a result of the last periodic review in 2020. The regulation does not negatively impact 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, or email joanne.maxwell@vdot.virginia.gov.