TITLE 1. ADMINISTRATION
COMMISSION ON LOCAL GOVERNMENT
Agency Notice
Pursuant to §§ 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: 1VAC50-11, 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 The purpose of a periodic review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 January 1, 2024, and ends January 22, 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: LeGrand Northcutt, Senior Policy Analyst, Department of Housing and Community Development, Main Street Center, 600 East Main Street, Richmond, VA 23219, telephone (804) 310-7151, or email legrand.northcutt@dhcd.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commission on Local Government conducted a periodic review and a small business impact review of 1VAC50-20, Organization and Regulations of Procedure, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated November 3, 2023, to support this decision.
The regulation is necessary to uniformly and effectively govern the process by which the commission considers cases and proceedings. The commission will retain the regulation without amendment. There was no public comment regarding changes to the regulation.
The regulation is not overly complex. The regulation does not overlap state law or regulation and includes specific reference to the Code of Virginia where applicable. The regulation was last evaluated in 2017.
Contact Information: LeGrand Northcutt, Senior Policy Analyst, Department of Housing and Community Development, Main Street Center, 600 East Main Street, Richmond, VA 23219, telephone (804) 310-7151, or email legrand.northcutt@dhcd.virginia.gov.
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TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Criminal Justice Services Board will conduct a periodic review and a small business impact review on 6VAC20-160, Regulations Relating to the Court-Appointed Special Advocate Program (CASA). The Notice of Intended Regulatory Action, which is published in this issue of the Register, serves as the notice of announcement of the reviews.
Contact information: Kristi Shalton, Regulatory Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, or email kristi.shalton@dcjs.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Board for Asbestos, Lead, and Home Inspectors conducted a periodic review and a small business impact review of 18VAC15-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 8, 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 November 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 it promotes public involvement in the development, amendment, or repeal of the regulations of the board. 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 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 that this regulation has no economic impact on small businesses.
Contact Information: Tanya Pettus, Administrator, Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-1795, FAX (866) 350-5354, or email alhi@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Board for Asbestos, Lead, and Home Inspectors conducted a periodic review and a small business impact review of 18VAC15-20, Virginia Asbestos Licensing Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 8, 2023, to support this decision.
The regulation contains the requirements for (i) obtaining a license or training program accreditation, (ii) renewal of licenses and accreditations, (iii) standards of professional conduct to ensure competence and integrity of all regulants, and (iv) administering the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 5 (§ 54.1-500 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 November 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.
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 and firms that meet specific criteria set forth in the statutes and regulations are eligible for licensure as an (i) asbestos worker, (ii) asbestos supervisor, (iii) asbestos inspector, (iv) asbestos management planner, (v) asbestos project designer, (vi) asbestos project monitor, (vii) asbestos contractor, or (viii) asbestos analytical laboratory; or approval as an accredited asbestos training program. The board is also tasked with ensuring that the board's 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, 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: Tanya Pettus, Administrator, Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-1795, FAX (866) 350-5354, or email alhi@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Board for Asbestos, Lead, and Home Inspectors conducted a periodic review and a small business impact review of 18VAC15-30, Virginia Lead-Based Paint Activities Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 8, 2023, to support this decision.
The regulation contains the requirements for (i) obtaining a license or training program accreditation, (ii) renewal of licenses and accreditations, (iii) standards of professional conduct to ensure competence and integrity of all regulants, and (iv) administering the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 5 (§ 54.1-500 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 November 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.
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 and firms that meet specific criteria set forth in the statutes and regulations are eligible for licensure as a (i) lead worker, (ii) lead project designer, (iii) lead supervisor, (iv) lead inspector, (v) lead risk assessor, or (vi) lead contractor; or approval as an accredited lead training program. The board is also tasked with ensuring that the board's regulants meet standards of practice that are set forth in the regulation. The regulation is clearly written, 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: Tanya Pettus, Administrator, Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-1795, FAX (866) 350-5354, or email alhi@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Board for Asbestos, Lead, and Home Inspectors conducted a periodic review and a small business impact review of 18VAC15-40, Home Inspector Licensing Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 8, 2023, to support this decision.
The regulation contains the requirements for (i) obtaining a license or approval as an education course, (ii) renewal of licenses, (iii) standards of professional conduct to ensure competence and integrity of all regulants, and (iv) administering the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 5 (§ 54.1-500 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 November 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.
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 eligible to receive (i) a license as a home inspector; and (ii) designation for the new residential structure (NRS) specialty; and that training providers are appropriately qualified to provide pre-license education courses; NRS training modules; and NRS continuing professional education. The board is also tasked with ensuring that the board's regulants meet standards of practice that are set forth in the regulation.
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: Tanya Pettus, Administrator, Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-1795, FAX (866) 350-5354, or email alhi@dpor.virginia.gov.
CEMETERY BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Cemetery Board conducted a periodic review and a small business impact review of 18VAC47-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 13, 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 6, 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 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 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 that this regulation has no economic impact on small businesses.
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) 367-8552, FAX (866) 826-8863, or email cemetery@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Cemetery Board conducted a periodic review and a small business impact review of 18VAC47-20, Cemetery Board Rules and Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 12, 2023, to support this decision.
The regulation contains the requirements for (i) obtaining a license and registration, (ii) renewal of licenses and registrations and standards of practice and conduct, (iii) ensuring competence and integrity of all regulants, and (iv) administering the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 23.1 (§ 54.1-2310 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 6, 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 54.1-2313 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 and companies that meet specific criteria set forth in the statutes and regulations are eligible to receive a cemetery company license, including the minimum qualifications for compliance agents and designees and for the registration of sales personnel. The board is also tasked with ensuring that the board's regulants meet standards of practice that are set forth in the regulation, including those related to perpetual care and preneed trust fund and bonding requirements and preneed burial contracts.
There were no comments or complaints received during the public comment period. The regulation is clearly written, 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) 367-8552, FAX (866) 826-8863, or email cemetery@dpor.virginia.gov.
BOARD FOR CONTRACTORS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Contractors conducted a periodic review and a small business impact review of 18VAC50-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 4, 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 19, 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 it promotes public involvement in the development, amendment, or repeal of the regulations of the board. 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 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 that this regulation has no economic impact on small businesses.
Contact Information: Marjorie King, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, or email contractor@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Contractors conducted a periodic review and a small business impact review of 18VAC50-22, Board for Contractors Regulations, 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 regulation contains the requirements for obtaining a license or training provider course approval, renewal, and reinstatement of licenses, standards of practice and conduct, and prelicense education to ensure competence and integrity of all licensees and to administer the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 11 (§ 54.1-1100 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 19, 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 eligible to receive contractor license. The board is also tasked with ensuring that the board's 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 occurred in 2019. The board is currently conducting a comprehensive review of the regulation in accordance with Executive Directive Number One (2022).
Contact Information: Marjorie King, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, or email contractor@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Contractors conducted a periodic review and a small business impact review of 18VAC50-30, Individual License and Certification Regulations, 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 regulation contains the requirements for obtaining a license, certification, or training provider course approval, renewal, and reinstatement of licenses, standards of practice and conduct, and prelicense education to ensure competence and integrity of all licensees and to administer the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 11 (§ 54.1-1100 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 19, 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 eligible to receive contractor license. The board is also tasked with ensuring that the board's regulants meet standards of practice that are set forth in the regulations.
One comment was received during the public comment period. The commenter suggested that the regulation should remain the same as the existing regulation has served the Commonwealth well. The board elected to retain the regulation in its current form, with the acknowledgment that such decision does not prevent the board from initiating action to review or amend the regulation in the future.
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 occurred in 2019. The board is currently conducting a comprehensive review of the regulation in accordance with Executive Directive Number One (2022).
Contact Information: Marjorie King, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, or email contractor@dpor.virginia.gov.
DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Professional and Occupational Regulation (DPOR) conducted a periodic review and a small business impact review of 18VAC120-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The department is publishing its report of findings dated December 5, 2023, to support this decision.
DPOR'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 November 30, 2023, the Director of DPOR made the decision 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 DPOR. DPOR 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 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. DPOR determined that this regulation has no economic impact on small businesses.
Contact Information: Joseph C. Haughwout, Jr., Regulatory Affairs Manager, Department of Professional and Occupational Regulation, Perimeter Center, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8566, or email joseph.haughwout@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Professional and Occupational Regulation (DPOR) conducted a periodic review and a small business impact review of 18VAC120-30, Regulations Governing Polygraph Examiners, and determined that this regulation should be retained as is. The department is publishing its report of findings dated December 5, 2023, to support this decision.
The regulation contains the requirements for obtaining a license, renewal and reinstatement of licenses, standards of practice and conduct, and approval of polygraphy schools to ensure competence and integrity of all licensees and to effectively administer the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 18 (§ 54.1-1800 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 November 30, 2023, the Director of DPOR made the decision to retain the regulation without amendment. In accordance with the Governor's Executive Directive Number One (2022), DPOR is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.
Sections 54.1-201 and 54.1802.1 of the Code of Virginia mandate DPOR 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. DPOR 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 statutes and regulations are eligible to receive a polygraph examiner license or to register as a polygraph examiner intern. DPOR is also tasked with ensuring that DPOR's 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, DPOR is conducting a comprehensive review of the regulation.
Contact Information: Marjorie King, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, or email polygraph@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Professional and Occupational Regulation (DPOR) conducted a periodic review and a small business impact review of 18VAC120-40, Virginia Professional Boxing and Wrestling Events Regulations, and determined that this regulation should be retained as is. The department is publishing its report of findings dated December 5, 2023, to support this decision.
The regulation contains the requirements for (i) obtaining a license, (ii) standards of professional conduct, (iii) ensuring competence and integrity of all licensees, and (iv) administering the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 8 (§ 54.1-800 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 12, 2023, the Boxing, Martial Arts, and Professional Wrestling Advisory Board voted to recommend the regulation be retained without amendment. The board advises the Director of DPOR on matters relating to boxing, martial arts, and professional wrestling events in the Commonwealth.
On November 30, 2023, the Director of DPOR made the decision to retain the regulation without amendment. In accordance with the Governor's Executive Directive Number One (2022), DPOR is currently undertaking a separate action to perform a comprehensive line-by-line review of this regulation.
Sections 54.1-201 and 54.1-831 of the Code of Virginia mandate DPOR 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. DPOR 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 statutes and regulations are eligible to be licensed. DPOR is also tasked with ensuring that DPOR's regulants meet standards of practice that are set forth in the regulation.
The comment received during the public comment period pertained to the deregulation of professional wrestling, which would require a change in statute. 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, DPOR is conducting a comprehensive review of the regulation.
Contact Information: Kathleen R. Nosbisch, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (804) 527-4294, or email boxing@dpor.virginia.gov.
BOARD OF PSYCHOLOGY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Psychology conducted a periodic review and a small business impact review of 18VAC125-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 5, 2023, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because the regulation sets forth procedures for participation of the public in the development of board regulations. Additionally, the regulation is required by statute, and the board has no discretion not to maintain this regulation. The Board of Psychology has reviewed this regulation and determined that the regulation is clearly written and understandable.
The board voted to retain the regulation without amendment. 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 board is required to maintain this regulation, therefore there is a continued need. There have been no complaints received related to this regulation, which is not complex. The regulation does not overlap with any other law. This regulation has not changed since approximately 2017. The regulation is a model regulation provided by the Department of Planning and Budget, however, and the board will alter the regulation if and when the Department of Planning and Budget recommends changes to the model regulation.
Contact Information: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Henrico, VA, 23233, telephone (804) 367-4441, or email jaime.hoyle@dhp.virginia.gov.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Agency Notice
Pursuant to §§ 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: 22VAC40-61, Standards and Regulations for Licensed Adult Day Care Centers. 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 1, 2024, and ends January 22, 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: Cynthia Carneal Heflin, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7140, or email cynthia.carneal@dss.virginia.gov.