Periodic Reviews and Small Business Impact Reviews, Vol. 40 Iss. 9 Dec 18, 2023

PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 40 Iss. 9 - December 18, 2023

TITLE 4. CONSERVATION AND NATURAL RESOURCES

VIRGINIA SOIL AND WATER CONSERVATION BOARD

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: 4VAC50-20, Impounding Structure Regulations. 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 The purpose of a periodic review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 December 18, 2023, and ends January 8, 2024.

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: Christine Watlington Jones, Policy and Regulatory Coordinator, Department of Conservation and Recreation, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-3319, FAX (804) 786-6141, or email christine.watlington@dcr.virginia.gov.

w –––––––––––––––––– w

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

AUCTIONEERS BOARD

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Auctioneers Board conducted a periodic review and a small business impact review of 18VAC25-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 28, 2023, to support this decision.

The' board's public participation guidelines mirror the Department of Planning and Budget's (DPB'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 October 3, 2023, the board voted to retain this regulation without any change. The regulation continues to mirror the model public participation guidelines from DPB.

There is a continued need for this regulation. The board did received no comments or complaints during the public comment period. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with any other federal or 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 there was no effect on the economic impact of small businesses.

Contact Information: Bonnie Davis, Administrator, Auctioneers Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-4857, FAX (866) 465-6206, or email auctioneers@dpor.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Auctioneers Board conducted a periodic review and a small business impact review of 18VAC25-21, Regulations of the Virginia Auctioneers Board, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 9, 2023, to support this decision.

The regulation contains the requirements for (i) obtaining a license; (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 6 (§ 54.1-600 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 October 3, 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 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. The board is also tasked with ensuring that regulants meet standards of practice 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.

BOARD FOR BRANCH PILOTS

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Branch Pilots conducted a periodic review and a small business impact review of 18VAC45-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 28, 2023, to support this decision.

The board's public participation guidelines mirror the Department of Planning and Budget's (DPB'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 September 14, 2023, the board voted to retain this regulation without amendment. The regulation continues to mirror the model public participation guidelines from DPB. There is a continued need for this regulation. The board received no comments or complaints during the public comment period. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with any other federal or 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 there was no effect to the economic impact of small businesses.

Contact Information: Kathleen R. Nosbisch, Executive Director, Board for Branch Pilots, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email branchpilots@dpor.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Branch Pilots conducted a periodic review and a small business impact review of 18VAC45-20, Board for Branch Pilots Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 3, 2023, to support this decision.

The regulation contains the requirements for (i) obtaining a license and renewal of licenses; (ii) standards of professional conduct to ensure competence and integrity of all licensees; and (iii) administering the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 9 (§ 54.1-900 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 September 14, 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 mandates 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. The board is also tasked with ensuring that regulants meet standards of practice 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.

COMMON INTEREST COMMUNITY BOARD

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Common Interest Community Board conducted a periodic review and a small business impact review of 18VAC48-30, Condominium Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 20, 2023, to support this decision.

The regulation contains the requirements to obtain and maintain a condominium registration in Virginia and provides for standards of conduct for condominium declarants. The regulation is necessary to (i) interpret and apply the requirements imposed upon the board by the Virginia Condominium Act and (ii) protect the public welfare by ensuring full and fair disclosure in the offering and disposition of condominium interests. The regulation is clearly written and understandable.

On September 21, 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.

Sections 54.1-2349 and 55.1-1971 of the Code of Virginia mandate 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. One comment was received during the public comment period. However, the comment addressed Common Interest Community Ombudsman Regulations (18VAC48-70). 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: Stephen Kirschner, Deputy Director for Licensing and Regulation, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, or email cic@dpor.virginia.gov.

FAIR HOUSING BOARD

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Fair Housing Board conducted a periodic review and a small business impact review of 18VAC62-10, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 14, 2023, to support this decision.

On August 30, 2023, the board voted to retain this regulation without amendment. The regulation continues to mirror the model public participation guidelines from DPB.

There is a continued need for this regulation because the regulation promotes public involvement in the development, amendment, or repeal of the regulations of the board. The board received no comments or complaints during the public comment period. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with any other federal or 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 there was no effect to the economic impact of small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Fair Housing Board conducted a periodic review and a small business impact review of 18VAC62-20, Fair Housing Certification Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 14, 2023, to support this decision.

The regulation contains the requirements for (i) obtaining a certification; (ii) renewal of certification; (iii) standards of professional conduct to ensure competence and integrity of all certificate holders; and (iv) administering the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 23.2 (§ 54.1-2343 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 30, 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.

Sections 54.1-201 and 54.1-2344 of the Code of Virginia mandate 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 a certificate. The board is also tasked with ensuring that regulants meet standards of practice are set forth in the regulations.

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.

DEPARTMENT OF HEALTH PROFESSIONS

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Health Professions conducted a periodic review and a small business impact review of 18VAC76-20, Regulations Governing the Prescription Monitoring Program, and determined that this regulation should be amended. The department is publishing its report of findings dated November 28, 2023, to support this decision.

Virginia's Prescription Monitoring Program (PMP) is a database that contains information on dispensed controlled substances included in Schedules II through V for which a prescription is required, naloxone, and all other drugs of concern. The primary purpose of the PMP is to promote safe prescribing and dispensing practices for covered substances by providing timely and essential information to health care providers. Law enforcement and health profession licensing boards use the PMP to support investigations related to doctor shopping, diversion, and inappropriate prescribing and dispensing. The department has reviewed the current regulation and noted that the regulation is mandated by the law and is necessary for public health, welfare, and safety. The regulation has been amended several times to update the reporting format and data elements collected and to conform to changes in federal and state law. The department has determined that it is effective and clearly understood by users and reporters.

The Director of the PMP, the director of the department, and the regulatory coordinator for the department reviewed the regulations and recommended that the regulation be retained with amendments. The statutory requirement for regulations to implement the PMP still exists in the Code of Virginia; therefore the regulation is needed. Additionally, PMP is used by thousands of practitioners, dispensers, patients, and law-enforcement personnel. The agency received no comments related to this periodic review. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with state or federal law or regulation. This chapter has been amended 11 times in the last 20 years.

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, FAX (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

w –––––––––––––––––– w

TITLE 22. SOCIAL SERVICES

DEPARTMENT FOR THE BLIND AND VISION IMPAIRED

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for the Blind and Vision Impaired (DBVI) conducted a periodic review and a small business impact review of 22VAC45-12, Public Participation Guidelines, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 21, 2023, to support this decision.

The regulation protects the public health, safety, and welfare of Virginia's residents who are blind, vision impaired, and deafblind by ensuring that interested stakeholders have opportunities for public participation to provide input into DBVI's formation and development of regulations that address programs, services, and concerns of persons who are blind and vision impaired.

This regulation clearly and simply includes (i) its purpose; (ii) definitions of relevant words and terms used in the chapter; (iii) requirements that the agency maintain a list of persons who have requested to be notified of regulatory actions and the information to be sent to individuals on the notification list; and (iv) occasions that afford interested persons an opportunity to submit data, views, and arguments, orally or in writing. Additionally, the regulation clearly describes that any person may petition the department to consider regulatory action and that the department may appoint a regulatory advisory panel to provide professional specialization or technical assistance to address specific regulation issues or when individuals indicate an interest in working with the agency on a particular issue or action or a negotiated rulemaking panel if a regulatory action is expected to be controversial respectively. The regulation clarifies that notice of public meetings shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the meeting and that the department shall indicate in its notice of intended regulation action whether the department plans to hold a public hearing following the notification of the proposed stage of the regulatory action. Finally, the regulation explains that the department shall conduct a periodic review of its regulations pursuant to §§ 2.2-4007 and 2.2-4017 of the Code of Virginia.

DBVI will retain the regulation without amendment. The regulation complies with requirements set forth in §§ 2.2-4017 and 2.2-4007.02 of the Code of Virginia. The department has not received any complaints or comments concerning the regulation.

The regulation is not complex. The regulation continues to be relevant. This regulation was last evaluated in June of 2017, does not conflict with state or federal regulation, and has negligible impact on small business. There are no substantial changes in technology, economic conditions, or other factors that impact the importance of implementation of the regulation. Economic impact on small business is negligible, and small business owners have the same opportunity for public participation as other interested stakeholders.

Contact Information: Susan K. Davis, Senior Policy Analyst, Department for the Blind and Vision Impaired, 397 Azalea Avenue, Richmond, VA 23227, telephone (804) 371-3184, FAX (804) 371-3157, TDD (804) 371-3140, or email susan.davis@dbvi.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for the Blind and Vision Impaired (DBVI) conducted a periodic review and a small business impact review of 22VAC45-30, Regulations Governing the Sale and Distribution of Goods and Articles Made by Blind Persons, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 21, 2023, to support this decision.

The regulation protects the public health, safety, and welfare of Virginia's residents who are blind, vision impaired, and deafblind by governing the sale and distribution of goods and articles made by persons who are blind. The regulation is clear and concise and clarifies that DBVI will assist persons who are blind and assist organizations established to aid persons who are blind in the sale of goods and articles that are the product of persons who are blind by providing a means of authenticating the source of such goods and articles and by preventing misrepresentation. The department will retain the regulation without amendment.

The regulation is required for DBVI to be in compliance with requirements set forth in §§ 51.5-101 through 51.5-105 and 2.2-2007.1 and 2.2-4017 of the Code of Virginia. The department has received no complaints or comments concerning the regulation.

The regulation is not complex; the regulation is easy to read and understand. This regulation was last evaluated in 2001 and does not conflict with state or federal regulation. There are no substantial changes in technology, economic conditions, or other factors that impact the importance of implementation of the regulation. Economic impact on small business generally is negligible because the regulation pertains specifically to the sale and distributions of goods and articles made by persons who are blind. Small business owners have the same opportunity for public participation as other interested stakeholders.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for the Blind and Vision Impaired (DBVI) conducted a periodic review and a small business impact review of 22VAC45-40, Rules and Regulations Governing Vending Facilities in Public Buildings, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 21, 2023, to support this decision.

The regulation protects the public health, safety, and welfare of Virginia's residents who are blind, vision impaired, or deafblind by providing employment opportunities that have established priority in assuming the operations of vending facilities or other business enterprises or services in public buildings.

The regulation is clear and concise and explains that the chapter is promulgated by DBVI to clarify and establish the responsibilities of state and local agencies as those agencies relate to persons who are blind and vision impaired having first priority in assuming operations of vending facilities or other business enterprises and service in public buildings. The regulation sets forth the process by which the department shall be notified of vending facility sites in public buildings in the Commonwealth and that adequate space shall be made available for the facility or business enterprise as mutually determined by the department and the agency or department in which the enterprise or service is to be located. Further, the regulation clearly addresses how complaints of noncompliance shall be handled. The department will retain the regulation without amendment, pending review of proposed amendments by the Office of the Attorney General.

Economic impact on small business generally is negligible because the regulation pertains specifically to employment and self-support of persons who are blind and participating in Vending Facility Program authorized by the Randolph-Sheppard Act.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for the Blind and Vision Impaired (DBVI) conducted a periodic review and a small business impact review of 22VAC45-51, Regulations Governing Provision of Services in Vocational Rehabilitation, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 21, 2023, to support this decision.

The regulation protects the public health, safety, and welfare of Virginia's residents who are blind, vision impaired, or deafblind by establishing regulations governing provisions of services in vocational rehabilitation whose purpose is to assist blind, vision impaired, or deafblind individuals to obtain, maintain, and regain competitive gainful employment.

The regulation is clear and concise and explains that the chapter is promulgated by DBVI to govern the provision of vocational rehabilitation services to the individuals DBVI serves. The regulation addresses (i) protection, use, and release of personal information; (ii) processing of referrals and applications for services; (iii) eligibility determinations; (iv) comprehensive assessments of qualifications for individualized plans for employment; (v) establishment of order of selection; (vi) scope of services; (vii) development of individualized plan for employment; (viii) participation in cost of services; (ix) participation in use of comparable services and benefit; (x) periodic review of ineligibility determinations and extended employment; and (xi) review of determinations made by the agency. The department will retain the regulation without amendment, pending Office of Attorney General review of potential amendments to the existing regulation.

The regulation is required for DBVI to comply with requirements set forth in 34 CFR Parts 361 and 363. The department received no complaints or comments concerning the regulation. The regulation is not complex and is easy to read and understand. The regulation was last reviewed and amended in 2016 and does not conflict with other state or federal regulation. There are no substantial changes in technology, economic conditions, or other factors that impact the importance of implementation of the regulation.

Economic impact on small business generally is negligible because the regulation pertains specifically to the provision of vocational rehabilitation services to individuals who are blind, vision impaired, and deafblind. Additionally, members of the small business community have opportunity to make public comment during periodic review and annually as part of DBVI's conduct of public meetings.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for the Blind and Vision Impaired (DBVI) conducted a periodic review and a small business impact review of 22VAC45-70, Regulations Governing the Provision of Rehabilitation Teaching and Independent Living Services, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 21, 2023, to support this decision.

The regulation protects the public health, safety, and welfare of Virginia's residents who are blind, vision impaired, or deafblind by establishing regulations governing provisions of rehabilitation teaching services and independent living, specifically those services that enable and empower individuals served by the agency to live and work independently in the community.

The regulation is clear and concise and (i) defines words used in the chapter; (ii) outlines the referral for services process; (iii) provides eligibility requirements and determination for services; (iv) describes the development of individualized written rehabilitation teaching and independent living plans; (v) provides the scope of rehabilitation teaching and independent living services; and (vi) includes the financial participation of individuals in costs of services. The department will retain the regulation without amendment.

The department received no complaints or comments concerning the regulation. The regulation is required in order to ensure the delivery of specialized rehabilitation teaching services for eligible individuals who are blind, vision impaired, or deafblind. The regulation is not complex and is easy to read and understand. The regulation was last revised in February 2022, and does not conflict with other state or federal regulation. There are no substantial changes in technology, economic conditions, or other factors that impact the importance of implementation of the regulation.

Economic impact on small business generally is negligible because the regulation pertains specifically to the provision of specialized rehabilitation teaching services to individuals who are blind, vision impaired, and deafblind. Additionally, members of the small business community have opportunity to make public comment during periodic review and annually as part of DBVI's conduct of public meetings.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for the Blind and Vision Impaired (DBVI) conducted a periodic review and a small business impact review of 22VAC45-100, Regulations Governing DeafBlind Services, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 21, 2023, to support this decision.

The regulation protects the public health, safety, and welfare of Virginia's residents who are deafblind by establishing regulations governing provisions of deafblind services, specifically those services that enable and empower individuals who are deafblind to live and work independently in the community and to be fully integrated into DBVI programs to the extent practical.

The regulation is clear and concise and describes the eligibility for deafblind services and the delivery of those services. The department will retain the regulation without amendment. The agency received no complaints or comments concerning the regulation. The regulation is required in order to ensure the delivery of specialized services for eligible individuals who are deafblind. The regulation is not complex and is easy to read and understand. DBVI last reviewed this regulation in 2000, and the regulation does not conflict with other state or federal regulation. There are no substantial changes in technology, economic conditions, or other factors that impact the importance of implementation of the regulation.

Economic impact on small business generally is negligible because the regulation pertains specifically to the provision of specialized services to individuals who are deafblind. Additionally, members of the small business community have opportunity to make public comment during periodic review and annually as part of DBVI's conduct of public meetings.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for the Blind and Vision Impaired (DBVI) conducted a periodic review and a small business impact review of 22VAC45-110, Regulations Governing Low Vision, and determined that this regulation should be retained as is. The department is publishing its report of findings dated November 21, 2023, to support this decision.

The regulation protects the public health, safety, and welfare of Virginia's residents who have low vision, specifically those eligible individuals who seek to use their residual vision in order to live and work safely and independently in the community. The regulation is clear and concise and includes (i) words used in the chapter, (ii) low vision services referral, (iii) eligibility for low vision services, (iv) requirements for preexamination, and (v) potential financial participation in cost of services for qualified individuals. The department will retain the regulation without amendment. The department received no complaints or comments concerning the regulation. The regulation is required in order to ensure the delivery of specialized services for eligible individuals who are deafblind.

The regulation is not complex and is easy to read and understand. DBVI was last reviewed this regulation in 2000, and the regulation does not conflict with other state or federal regulation. There are no substantial changes in technology, economic conditions, or other factors that impact the importance of implementation of the regulation.

PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWSVol. 40 Iss. 9 - December 18, 2023

PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 40 Iss. 9 - December 18, 2023