TITLE 4. CONSERVATION AND NATURAL RESOURCES
VIRGINIA SOIL AND WATER CONSERVATION BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Soil and Water Conservation Board conducted a periodic review and a small business impact review of 4VAC50-20, Impounding Structure Regulations, and determined that this regulation should be amended. The board is publishing its report of findings dated March 27, 2024, to support this decision.
The board recognizes that sections of the regulation need amendments and clarifications. Therefore, the board will undertake a regulatory action in response to comments received. Specifically, the board authorized amendment to consider concerns related to (i) roadways on or below an impounding structure for hazard potential classifications, (ii) the incremental damage analysis process, (iii) the potential expansion of special criteria low hazard dams, and (iv) simplifying the emergency preparedness plan requirements.
The regulation is needed as it is mandated by law. The board received no public comments that indicated suggested changes would minimize the regulation's impact on small businesses. The regulation does not adversely impact small businesses and may have provided opportunities for small businesses in the engineering, construction, and environmental services industries.
The regulation is technical in nature and can therefore be difficult to understand. The board recognizes that certain sections of the regulation need clarification and will initiate at least one regulatory action to address that need. The regulation does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Christine Watlington Jones, Policy and Regulatory Coordinator, Department of Conservation and Recreation, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-3319, FAX (804) 786-6141, or email christine.watlington@dcr.virginia.gov.
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TITLE 12. HEALTH
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL 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 small business impact review: 12VAC35-260, Certified Recovery Residences. 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 The purpose of a periodic review is to determine whether the regulation should be repealed, amended, or retained in its current form.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 May 6, 2024, and ends June 6, 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: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health And Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 371-4609, TDD (804) 371-8977, or email ruthanne.walker@dbhds.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated April 5, 2024, 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, this regulation is required by statute, and the board has no discretion not to maintain the regulation. The board has reviewed this regulation and determined that it is clearly written and understandable.
The board has decided to retain the regulation as is. The board is required to maintain this regulation; therefore, there is a continued need for the regulation. The board has received no complaints related to the regulation, which is not complex. The regulation does not overlap with any other law. The regulation has not changed since 2017.The public participation guidelines is a model regulation provided by the Department of Planning and Budget, and the board will alter this regulation if and when the Department of Planning and Budget recommends changes to the model regulation.
Contact Information: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4688, FAX (804) 915-0382, or email erin.barrett@dhp.virginia.gov.