TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
BOARD OF JUVENILE JUSTICE
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Juvenile Justice conducted a periodic review and a small business impact review of 6VAC35-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 29, 2023, to support this decision.
The regulation is required by § 2.2-4007.02 of the Code of Virginia and establishes the provisions by which agencies will ensure the general public has access to the regulatory development, repeal, and amendment process. Public participation in the regulatory process provides the public the opportunity to bring any concerns related to the protection of public health, safety, and welfare to the attention of the board and the department. In this way, this regulation is essential to protecting the public's welfare. The regulation is clearly written and easily understandable.
As part of the statutory mandate set out in § 2.2-4007.1 of the Code of Virginia, the board considered whether this regulation should be amended, repealed, or retained as is. The board concluded that the regulation should be retained without amendment.
Repealing the regulation would violate the statutory provision set out in § 2.2-4007.02 A of the Code of Virginia mandating that agencies develop, adopt, and use public participation guidelines. The text of the current regulation is consistent with the Model Public Participation Guidelines established by the Department of Planning and Budget in 2016. The regulation has been effective for its stated purpose, so the board believes changes are unnecessary.
The board did not receive any public comments either in support of or in opposition to the existing regulation. The regulation does not overlap with or duplicate federal or state law. The board last conducted a periodic review of the regulation in 2019 and made one amendment to conform the regulation to legislation passed by the General Assembly in 2012 requiring nonexempt agencies to afford interested parties an opportunity to be represented by counsel or another representative. No economic, technological, or other changes have created a need to amend the regulation since that time. Inasmuch as small businesses are members of the general public and are afforded the opportunity to be involved in the development, amendment, and repeal of regulations, this regulation serves to benefit such businesses.
Contact Information: Ken Davis, Regulatory Affairs Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 807-0486, FAX (804) 371-6497, or email kenneth.davis@djj.virginia.gov.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
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 18VAC48-10, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 18, 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 is necessary to promote public involvement in the development, amendment, or repeal of regulations. Further, the regulation is clearly written and understandable.
On September 21, 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 the 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) 367-8510, or email cic@dpor.virginia.gov.
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 18VAC48-45, Time-Share Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 15, 2023, to support this decision.
The regulation contains the requirements to obtain and maintain a time-share program, time-share exchange program, alternative purchase, or time-share reseller registration. The regulation also provides for standards of conduct related to marketing activities, public offerings statements, and disclosure documents for time-share developers.
The regulation is necessary for the protection of public health, safety, and welfare and 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.
Section 55.1-2247 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 public welfare of the citizens of the Commonwealth by ensuring full and fair disclosure in the offering of time-share interests and opportunities to participate in time-share exchange programs as well establishing standards of conduct for developers in their marketing activities.
No comments or complaints were 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: 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.
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 18VAC48-50, Common Interest Community Manager Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 15, 2023, to support this decision.
The regulation contains the requirements for obtaining licensure as a common interest community manager, certification as a certified principal or supervisory employee, and approval as a common interest community manager training program. The regulation also establishes methods for renewal of licenses and certificates and standards of practice and conduct to ensure competence and integrity of all regulants and to administer the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia. The regulation is necessary for the protection of the public and 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 54.1-201 and 54.1-2349 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 (i) only those firms that meet specific criteria set forth in the statutes and regulations are eligible for licensure as a common interest community manager; (ii) only those individuals who meet specific criteria set forth in the statutes and regulations are eligible for certification as a certified principal or supervisory employee; and (iii) only those common interest community manager training programs meeting the requirements of statute and regulations are approved by the board.
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: 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.
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 18VAC48-60, Common Interest Community Association Registration Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 18, 2023, to support this decision.
The regulation contains the requirements for common interest community associations to obtain and maintain a registration with the board by filing an annual report in accordance with applicable statutes. The regulation is necessary to interpret and apply requirements imposed upon the board by applicable statutes. The regulation is clearly written and understandable. The regulation is designed to achieve its objective in the most efficient and cost-effective manner.
The regulation is necessary for the protection of public health, safety, and welfare and 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 54.1-2351 of the Code of Virginia mandate that the Common Interest Community 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 requirements for common interest associations to file annual reports with the board are established by statute. No comments or complaints were 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: 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.
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 18VAC48-70, Common Interest Community Ombudsman Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 18, 2023, to support this decision.
The regulation contains the requirements for establishment of complaint procedures by common interest community associations. The regulation is necessary to interpret and apply the requirements imposed upon the board by Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia and protects the public welfare, in part, by requiring common interest community associations establish written procedures for the resolution of complaints from association members and other members of the public. The regulation is clearly written and understandable. The regulation is designed to achieve its objective in the most efficient and cost-effective manner.
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.
Section 54.1-2354.4 of the Code of Virginia mandates the Common Interest Community Board promulgate regulations, specifically, the board must establish by regulation that common interest community associations have procedures for the resolution of complaints. 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 public welfare of the citizens of the Commonwealth. 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: 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.
REAL ESTATE BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Real Estate Board conducted a periodic review and a small business impact review of 18VAC135-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 18, 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 28, 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 the 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) 367-8510, or email reboard@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Real Estate Board conducted a periodic review and a small business impact review of 18VAC135-20, Virginia Real Estate Board Licensing Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 15, 2023, to support this decision.
The regulation contains the requirements for (i) obtaining a license or approval of schools, instructors, and courses; (ii) renewal and reinstatement of licenses and approvals; (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 21 (§ 54.1-2100 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 28, 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, 54.1-2105, and 54.1-2105.02 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 or businesses that meet specific criteria set forth in the statutes and regulations are eligible to receive a real estate license or approval as a school, instructor, or course. 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 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 reboard@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Real Estate Board conducted a periodic review and a small business impact review of 18VAC135-50, Fair Housing Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 15, 2023, to support this decision.
The regulation contains the requirements for the administration and enforcement of the Virginia Fair Housing Law in accordance with Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 and Chapter 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 September 28, 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 36-96.8 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 Real Estate Board and the Fair Housing Board provide protection to the safety and welfare of the citizens of the Commonwealth by ensuring enforcement of the Virginia Fair Housing Law.
No comments or complaints were 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: 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 reboard@dpor.virginia.gov.
BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals conducted a periodic review and a small business impact review of 18VAC160-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 20, 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 is necessary to promote public involvement in the development, amendment, or repeal of regulations. Further, the regulation is clearly written and understandable.
On October 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. 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 the regulation has no economic impact on small businesses.
Contact Information: Tanya Pettus, Administrator, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, or email waterwasteoper@dpor.virginia.gov.
TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
MOTOR VEHICLE DEALER 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 regulations are undergoing a periodic review and small business impact review: 24VAC22-11, Public Participation Guidelines; 24VAC22-20, Motor Vehicle Dealer Fees; and 24VAC22-30, Motor Vehicle Dealer Advertising Practices and Enforcement Regulations. The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to 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 15, 2024, and ends February 5, 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: William Childress, Executive Director, Motor Vehicle Dealer Board, 2201 West Broad Street, Suite 104, Richmond, VA 23220, telephone (804) 367-1100, ext: 3002, FAX (804) 367-1053, or email william.childress@mvdb.virginia.gov.