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 6VAC20-60, Rules Relating to Compulsory Minimum Training Standards for Dispatchers. 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.
BOARD OF JUVENILE JUSTICE
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Juvenile Justice will conduct a periodic review and a small business impact review on 6VAC35-170, Regulation Governing Juvenile Data Requests and Research Involving Human Subjects. 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: Kristen Peterson, Regulatory Affairs Coordinator, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218, telephone (804) 773-0180, or email kristen.peterson@djj.virginia.gov.
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TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Agency Notice
Pursuant to §§ 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: 8VAC20-11, Regulations Governing Public Participation; 8VAC20-23, Licensure Regulations for School Personnel; 8VAC20-25, Technology Standards for Instructional Personnel; 8VAC20-30, Regulations Governing Adult High School Programs; 8VAC20-180, Regulations Governing School Community Programs; 8VAC20-420, Regulations Governing Personnel in Public School Libraries Operated under Joint Contract under Control of Local School Board or Boards; and 8VAC20-543, Regulations Governing the Review and Approval of Education Programs in Virginia. The review of these regulations will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether the regulations should be repealed, amended, or retained in their current forms. Public comment is sought on the review of any issue relating to these regulations, including whether each 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 April 8, 2024, and ends April 29, 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: Joseph Crook, Regulatory and Board Coordinator, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8719, or email joseph.crook@doe.virginia.gov.
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TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board will conduct a periodic review and a small business impact review on 9VAC25-110, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons per Day. 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: Jeanette Ruiz, Regulatory and Guidance Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 494-9636, or email jeanette.ruiz@deq.virginia.gov.
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board will conduct a periodic review and a small business impact review on 9VAC25-115, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities. 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: Morgan Emanuel, Regulatory and Guidance Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 494-9635, or email morgan.emanuel@deq.virginia.gov.
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TITLE 12. HEALTH
STATE BOARD OF HEALTH
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-115, Virginia Immunization Information System, and determined that this regulation should be amended. The board is publishing its report of findings dated December 12, 2023, to support this decision.
The regulation protects the public health, safety, and welfare of individuals in the Commonwealth of Virginia by ensuring that public health information associated with immunization records is kept in an efficient, inclusive, and secure system. This system is vital for ensuring immunization data is readily available to providers and impacted stakeholders to ensure providers and impacted stakeholders can provide timely and appropriate patient care.
The regulation sets clear and easily understandable guidance for all providers and health care entities on the appropriate use of the Virginia Immunization Information System by defining protocols related to authorized participants, registration procedures, patient confidentiality, security, data entry and quality assurance, data release, data access, and updated forms.
The State Board of Health will amend the regulation to align it with the Virginia Registrar of Regulations and Virginia Administrative Code form and style requirements and to consider regulatory reduction where possible. Additionally, the agency will update the regulation to reflect current practice and administrative forms.
There is a continued need for the regulation as the regulation is necessary to comply with the mandate in § 32.1-46.01 of the Code of Virginia. The board did not receive any comments or complaints from the public during the periodic review. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with any other federal or state law or regulation. The regulation was first promulgated in 2015, underwent periodic review in 2019 and was retained as is, and was updated in January 2022 to conform to Chapter 211 of the 2021 Acts of Assembly, Special Session I. Amending the regulation does not appear to cause an adverse economic impact on small businesses in the Commonwealth.
Contact Information: Karen Mask, Senior Policy Analyst, Office of Epidemiology, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 654-9351, or email karen.mask@vdh.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-613, Regulations for Alternative Onsite Sewage Systems, and determined that this regulation should be amended. The board is publishing its report of findings dated June 6, 2023, to support this decision.
The General Assembly has charged the board with the responsibility to adopt, promulgate, and enforce regulations necessary to protect health and safety as it relates to alternative onsite sewage systems. The regulation was reviewed and the regulation was determined to be essential to protecting public health. The regulation is necessary to interpret and apply the requirements imposed by the board and is clearly written and understandable.
The regulation has not undergone a comprehensive review since its initial administrative codification approximately 12 years ago. The regulation would benefit from a comprehensive review to explore (i) advancements in technology; (ii) engagement with the public, including industry, academia, general public, and state and federal partners, to ensure the regulation reflects best and current industry practices; and (iii) cross reference with guidance documents to reduce regulatory burden. The board is recommending to amend the regulation.
Chapters 1 (§ 32.1-1 et seq.) and 6 (§ 32.1-163 et seq.) of Title 32.1 of the Code of Virginia mandate the promulgation of regulations to govern the collection, conveyance, transportation, treatment, and disposal of sewage by alternative discharging sewage systems. In addition, the regulations shall address the maintenance, inspection, and reuse of alternative onsite sewage systems. The continued need for the regulation is established in state law and is not discretionary. No comments were received during the periodic review's public comment period.
The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with any federal or state law or regulation. The regulation has not undergone revision since 2017.
The board is recommending amending the regulation. Staff will engage with stakeholders and the regulated community regarding any proposed amendments to minimize the economic impact of the regulation on small businesses and consider regulatory reduction where possible, while maintaining appropriate regulatory standards to ensure the safety, health, and welfare of the public.
Contact Information: Lance Gregory, Division Director, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7491, FAX (804) 864-7475, or email lance.gregory@vdh.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-640, Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings, and determined that this regulation should be retained as is. The board is publishing its report of findings dated June 6, 2023, to support this decision.
The General Assembly has charged the board with the responsibility to adopt, promulgate, and enforce regulations necessary to protect health and safety as it relates to alternative onsite sewage systems in individual single-family dwellings. The regulation was reviewed and a determination made that the regulation is essential to protecting public health. The regulation is necessary to interpret and apply the requirements imposed by the board and is clearly written and understandable.
The State Board of Health is recommending that the regulation be retained as is, as it reflects the most efficient and cost-effective method to govern the collection, conveyance, transportation, treatment, and disposal of sewage by alternative discharging sewage systems within the Commonwealth.
Chapters 1 (§ 32.1-1 et seq.) and 6 (§ 32.1-163 et seq.) of Title 32.1 of the Code of Virginia mandate the promulgation of regulations to govern the collection, conveyance, transportation, treatment, and disposal of sewage by alternative discharging sewage systems in individual single-family dwellings. In addition, the regulations shall address the maintenance, inspection, and reuse of alternative onsite sewage systems. The continued need for the regulation is established in state law and is not discretionary. No comments were received during the periodic review's public comment period.
The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with any federal, state law, or regulation. The regulation has not undergone a comprehensive revision since 2015.
Contact Information: Lance Gregory, Division Director, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7491, FAX (804) 864-7475, or email lance.gregory@vdh.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-650, Schedule of Civil Penalties, and determined that this regulation should be retained as is. The board is publishing its report of findings dated June 2, 2023, to support this decision.
The General Assembly has charged the board with the responsibility to adopt, promulgate, and enforce regulations necessary to protect health and safety as it relates to onsite sewage systems, which includes the ability to assess penalties. The regulation serves as an important enforcement tool that may be scaled to match the seriousness of violations. The regulation was reviewed, and the determination was made that the regulation is essential to protecting public health. The regulation is necessary to interpret and apply the requirements imposed by the board and is clearly written and understandable.
The State Board of Health is recommending that the regulation be retained as is, as it reflects the most efficient and cost-effective method to support enforcement activities related to the supervision and control of onsite sewage systems within the Commonwealth.
Chapters 1 (§ 32.1-1 et seq.) and 6 (§ 32.-1-163 et seq.) of Title 32.1 of the Code of Virginia mandate the establishment of a uniform schedule of civil penalties for regulations promulgated pursuant § 32.1-164 B of the Code of Virginia and for onsite treatment system pump-out requirements as outlined in the Chesapeake Bay Preservation Act. The continued need for the regulation is established in state law and is not discretionary. No comments were received during the periodic review's public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with any federal or state law or regulation. The regulation has not undergone a comprehensive revision since 2013.
Contact Information: Lance Gregory, Division Director, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7491, FAX (804) 864-7475, or email lance.gregory@vdh.virginia.gov.
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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 22VAC40-61, Standards and Regulations for Licensed Adult Day Care Centers, and determined that this regulation should be amended. The board is publishing its report of findings dated March 6, 2024, to support this decision.
The regulation is necessary to protect the health, safety, welfare, and individual rights of participants of Adult Day Care Centers (ADCCs) and to promote their highest level of functioning. In addition, the regulation sets forth minimum standards for care and services to be provided to participants; administration of medication; staffing; staff qualifications and training; and facility design, construction, and equipment. While the Department of Social Services (DSS) believes the regulation is clearly written and easily understandable, there are opportunities for clarification and to amend or remove specific requirements for clarification or regulatory reduction compliance.
DSS plans to move forward with a Notice of Intended Regulatory Action to amend the regulation based on public comment and the need to reduce regulatory burdens.
The public comment received was in favor of amending the regulation. The regulation does not conflict with federal or state law or regulations; however, a comprehensive review will ensure that duplicative or unnecessary requirements are removed or reduced. The regulation was repealed and replaced four years ago and became effective in December 2019. Amending this regulation is the best alternative to minimize the economic impact on ADCCs as small businesses, while ensuring the protection and well-being of adult participants.
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.