PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 40 Iss. 14 - February 26, 2024

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR PROFESSIONAL SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists conducted a periodic review and a small business impact review of 18VAC145-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 6, 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 are necessary to promote public involvement in the development, amendment, or repeal of regulations. Further, the regulation is clearly written and understandable.

On January 19, 2024, 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 impact on small businesses.

Contact Information: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, or email soilscientist@dpor.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists conducted a periodic review and a small business impact review of 18VAC145-20, Professional Soil Scientists Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 2, 2024, 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; (iv) ensuring competence and integrity of all licensees; and (v) administering the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia. The regulation is clearly written and understandable.

On January 19, 2024, 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 the board's regulants meet standards of practice set forth in the regulation.

Based on the comments received during the public comment period, there does not appear to be a reason to repeal the regulation. There also does not appear to be a reason to amend the regulation at this time. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.

The most recent periodic review of the regulation occurred in 2019. Currently, the board is conducting a comprehensive review of the regulation.

Contact Information: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, or email soilscientist@dpor.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists conducted a periodic review and a small business impact review of 18VAC145-30, Regulations Governing Certified Professional Wetland Delineators, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 2, 2024, to support this decision.

The regulation contains the requirements for (i) obtaining a certificate, renewal, and reinstatement of certificates; (ii) standards of professional conduct; (iii) ensuring competence and integrity of all certificate holders; and (iv) administering the regulatory program in accordance with Chapters 2 (§ 54.1-201 et seq.) and 22 (§ 5.1-2200 et seq.) of Title 54.1 of the Code of Virginia. The regulation is clearly written and understandable.

On January 19, 2024, 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 certified. The board is also tasked with ensuring that the board's regulants meet standards of practice set forth in the regulation.

Based on the comment received during the public comment period, there does not appear to be a reason to repeal the regulation. There also does not appear to be a reason to amend the regulation at this time. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.

The most recent periodic review of the regulation occurred in 2019. Currently, the board is conducting a comprehensive review of the regulation.

Contact Information: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, or email soilscientist@dpor.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists conducted a periodic review and a small business impact review of 18VAC145-40, Regulations for the Geology Certification Program, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 2, 2024, to support this decision.

The regulation contains the requirements for (i) obtaining a certificate, renewal, and reinstatement of certificates; (ii) standards of professional conduct; (iii) ensuring competence and integrity of all certificate holders; and (iv) administering the regulatory program in accordance with Chapters 2 (§ 54.1-200 et seq.) and 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia.

On January 19, 2024, 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 54.1-200 of the Code of the 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 that meet specific criteria set forth in the statutes and regulations are certified. The board is also tasked with ensuring that the board's regulants meet standards of practice set forth in the regulation.

Based on the comments received during the public comment period, there does not appear to be a reason to repeal the regulation. There also does not appear to be a reason to amend the regulation at this time. The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation.

The most recent periodic review of the regulation occurred in 2019. Currently, the board is conducting a comprehensive review of the regulation.

Contact Information: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, or email soilscientist@dpor.virginia.gov.