TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF FUNERAL DIRECTORS AND EMBALMERS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Funeral Directors and Embalmers conducted a periodic review and a small business impact review of 18VAC65-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated January 16, 2024, to support this decision.
This regulation of the Board of Funeral Directors and Embalmers is necessary for the protection of public health, safety, and welfare because it sets forth procedures for participation of the public in the development of board regulations. Additionally, this regulation is required by statute, and the board has no discretion whether to maintain this regulation. The board has reviewed this regulation and determined that it is clearly written and understandable.
The board voted to retain this regulation as is. Public participation guideline language is only changed when the Department of Planning and Budget (DPB) has new model regulations for all agencies to adopt, which it does not. As a result, no change is necessary.
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 board will alter this regulation when DPB recommends changes to the model regulation.
Contact Information: Corie Tillman Wolf, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4479, or email fanbd@dhp.virginia.gov.
BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Waste Management Facility Operators conducted a periodic review and a small business impact review of 18VAC155-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated January 19, 2024, to support this decision.
The board's public participation guidelines mirror the Department of Planning and Budget (DPB) 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 26, 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 other federal or state laws or regulations. The regulation was last evaluated in 2022 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: Marjorie King, Executive Director, Board for Waste Management Facility Operators, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8511, or email wastemgt@dpor.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Waste Management Facility Operators conducted a periodic review and a small business impact review of 18VAC155-20, Waste Management Facility Operators Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated January 19, 2024, to support this decision.
The regulation contains the requirements for (i) obtaining a license or training course approval; (ii) renewal and reinstatement of licenses, standards of practice and conduct, and prelicensure; (iii) continuing education 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 22.1 (§ 54.1-2209 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 26, 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 regulation are eligible to receive a waste management facility operator license. The board is also tasked with ensuring that its regulants meet standards of practice set forth in the regulation.
Both comments received during the public comment period were related to the board's requirement that examinations are given in a closed book format. One commenter suggested that if the examinations were offered in an open book format there may be an increase in the pass rate while the other commenter suggested that an open book format allows for broader subject knowledge as it discourages applicants from committing specific facts to memory. 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 2022. 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 Waste Management Facility Operators, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8511, or email wastemgt@dpor.virginia.gov.
w –––––––––––––––––– w
TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-880, Child Support Enforcement Program, and determined that this regulation should be retained as is. The board is publishing its report of findings dated December 7, 2023, to support this decision.
The regulation is necessary for the protection of public welfare because the regulation provides clarity and transparency regarding the services provided by the Department of Social Services. There are pending actions to update the regulation posted on the Virginia Regulatory Town Hall. One of the actions makes several technical improvements, including clarifying the criteria for administrative deviation and providing direction regarding imputation of income and consideration of additional factors when imputing income. The other action codifies family engagement services and amends family engagement case management services. Both pending actions address necessary changes. Otherwise, the regulation is clearly written. It provides details and procedures families may need regarding the services provided by the department. The review included a study of whether the regulation is clearly written and easily understandable.
Considering the result of the periodic review, the department recommends no additional changes. The regulation provides clarity for the public regarding services provided, how the department prioritizes cases, what factors can be considered for deviation from the child support guidelines, and other important topics. There were no complaints or comments concerning the regulation from the public during the public comment period. The department works to make the program accessible for small businesses through a customer service center and online resources. The regulation does not overlap, duplicate, or conflict with federal or state law or other regulation.
The board evaluated the regulation in 2019. Recent technological changes have shaped department processes and procedures, and as a result, the pending actions already cover necessary updates due to the issuance of other regulations or statutes and modern technology. Current economic conditions do not require a change in the regulation. While the Child Support Guidelines Review Panel periodically reviews the provisions for determining the appropriate dollar amount of monthly child support payments, those changes are codified in statute, not in the regulation. The board's decision will minimize the economic impact of the regulation on small businesses. Eliminating the regulation would cause greater uncertainty in the department's use of statutory mechanisms and increase the burden for small businesses.
Contact Information: Thomasine Stewart, Legislative Liaison, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 802-4783, or email thomasine.r.stewart@dss.virginia.gov.