Periodic Reviews and Small Business Impact Reviews, Vol. 41 Iss. 1 Aug 26, 2024

PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 41 Iss. 1 - August 26, 2024

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-11, Regulations Governing Public Participation, and determined that this regulation should be amended. The board is publishing its report of findings dated April 29, 2024, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it ensures public participation according to the Department of Planning and Budget (DPB) model policies. The regulation is clearly written and easily understandable. While the periodic review found that the regulation is reasonably consistent with the statutory requirements, the Department of Education intends to amend the regulation to align with the DPB Model Public Participation Guide.

There is a continued need for the regulation. There have been no documented complaints or comments received by the agency regarding this regulation. The complexities identified result from the regulation needing to be consistent with applicable law and pursuant to §§ 2.2-4007.02 and 22.1-16 of the Code of Virginia. Section 2.2-4007.02 requires that the agency develop and adopt public participation guidelines and sets minimum requirements for those guidelines. The promulgation of this regulation was completed and became effective on March 19, 2009. This was the last time the regulation was evaluated.

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.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-23, Licensure Regulations for School Personnel, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 8, 2024, to support this decision.

As long as the Commonwealth requires teachers and other school personnel to hold a license, there is a continued need for the regulation. The regulation sets requirements for the licensing of teachers and other school personnel, as well as for the grounds and procedures for discipline and suspension of the license when a teacher or other public school employee, whether full-time or part-time, permanent or temporary, may be suspended for good and just cause. The periodic review found that the regulation was consistent with the statutory requirements. No comments were received during the periodic review.

8VAC20-23 is a complex regulation that sets requirements for numerous teaching disciplines and guarantees minimum competency of licensed school personnel. The promulgation of the regulation was completed and became effective on August 23, 2018. Since that time, multiple fast-track rulemaking actions and exempt actions have made technical edits to certain sections of the regulation. In that time, this regulation has not been evaluated to identify any regulatory overlaps, duplications, or conflicts with federal or state law or regulations. Changes in technology and economic conditions have not diminished the need for the competencies outlined in the regulation.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-25, Technology Standards for Instructional Personnel, and determined that this regulation should be repealed. The board is publishing its report of findings dated April 30, 2024, to support this decision.

This regulation is no longer necessary for the protection of public health, safety, and welfare. 8VAC20-25 became effective on March 4, 1998. Since that time, this regulation has not been evaluated for the degree to which technology, economic conditions, or other factors have changed in the area affected by the regulation. 8VAC20-23-40 previously required individuals seeking initial licensure to demonstrate proficiency in the use of educational technology for instruction. The standards for such proficiency was set by 8VAC20-25. The requirement in 8VAC20-23-40 was removed from the regulation on April 15, 2021. Additionally, the role of technology in daily life, as well as education, has changed significantly since the regulation was originally promulgated. The chapter was designed to facilitate technological proficiency in an era before the current expansion of technology into daily life and education. The delivery of education today is far more dependent on technology than when this regulation was promulgated, and school divisions have responded appropriately. While this regulation does not appear to overlap, duplicate, or conflict with federal or state law or regulation, it is no longer required by federal or state law or regulation.

8VAC20-25 should be repealed, and local control should be returned to the local school divisions to evaluate and apply their own technology standards for local instructional personnel.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-30, Regulations Governing Adult High School Programs, and determined that this regulation should be amended. The board is publishing its report of findings dated February 8, 2024, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare and is clearly written and easily understandable. While the periodic review found that the regulation is reasonably consistent with the statutory requirements, the agency decided to amend the regulation to make the regulation more easily understandable. The agency will also amend the regulation to reduce regulatory requirements in 8VAC20-30-20.

There is a continued need for this regulation. The agency has not received any complaints or comments concerning this regulation. This regulation is neither overly complex nor overlaps, duplicates, or conflicts with federal or state law or regulation. 8VAC20-30 became effective on June 27, 1985. Amendments for consistency with the Code of Virginia were made on August 15, 2005, and updates to comport with legislative changes were made on February 10, 2016.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-180, Regulations Governing School Community Programs, and determined that this regulation should be repealed. The board is publishing its report of findings dated April 29, 2024, to support this decision.

8VAC20-180 is not necessary for the protection of public health, safety, and welfare, and it does not comport with the current statutory requirements. The regulation was promulgated in 1980, and the statutory environment in which it was promulgated has changed. Section 22.1-253.13:6 of the Code of Virginia has not required a "six-year school improvement plan" since 2004, and since 2005 the section has required a "six-year divisionwide comprehensive, unified, long-range plan." Section 22.1-253.13:6 B also describes the minimum required elements for such plans. The current regulatory framework for 8VAC20-180 uses the old term "six-year school improvement plan" and does not capture the minimum statutory requirements for the "six-year divisionwide comprehensive, unified, long-range plan." More importantly, in its current form, 8VAC20-180 conflicts with the statutory requirements.

The periodic review found that the regulation no longer accurately reflects the statutory requirements and does no more than repeat old requirements. There is no longer a continued need for this regulation. The agency has not received any complaints or comments concerning the regulation. 8VAC20-180 became effective on September 1, 1980. The regulation has not been evaluated since that time. Repealing the regulation should remove any identifiable economic impact of the regulation on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-210, Classifications of Expenditures, and determined that this regulation should be amended. The board is publishing its report of findings dated May 9, 2024, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare and is clearly written and easily understandable. While the periodic review found that the regulation is reasonably consistent with the statutory requirements, the agency has decided to amend the regulation to align with statute and include all major classifications for expenditures of school funds pursuant to § 22.1-115 of the Code of Virginia.

There is a continued need for the regulation. The agency did not receive any complaints or comments concerning the regulation. The regulation is of minimal complexity. This regulation became effective on February 1, 1989, was amended January 1, 2005, and does not appear to have been affected by changes in technology, economic conditions, or other factors.

Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-240, Regulations Governing School Activity Funds, and determined that this regulation should be amended. The board is publishing its report of findings dated July 11, 2024, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it ensures the proper accounting of public funds. It is clearly written and easily understandable. The regulation will be amended to include certain minor revisions.

There is a continued need for the regulation as public funds still require proper accounting. No complaints or comments were received concerning the regulation. The regulation is not overly complex. There is no overlap, duplication, or conflict with federal or state law or regulation. The regulation does not appear to have been affected by changes to technology, economic conditions, or other factors. The regulation has not been amended since it became effective in 1980. There is no impact on small business from this regulation.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-420, Regulations Governing Personnel in Public School Libraries Operated under Joint Contract under Control of Local School Board or Boards, and determined that this regulation should be retained as is. The board is publishing its report of findings dated April 30, 2024, to support this decision.

There remains a continued need for the regulation. The periodic review found that the regulation is consistent with statutory requirements and the agency's decision is to retain the regulation. The agency has not received any complaints or comments concerning this regulation. The complexity of the regulation stems from the statutory requirements found in Titles 22.1 and 42.1 of the Code of Virginia. There is no overlap, duplication, or conflict with federal or state law or regulation. 8VAC20-420 became effective on September 1, 1980. Since that time, the regulation has not been evaluated for the degree to which technology, economic conditions, or other factors have changed in the area affected by the regulation. The agency has found that amending this chapter by consolidating it into other select regulations related to local school boards should minimize any identifiable economic impact of this regulation on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-490, Regulations Governing School Boards Local, and determined that this regulation should be amended. The board is publishing its report of findings dated May 13, 2024, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it ensures that local school boards are implementing practices approved by the State Board of Education in order to achieve the best outcomes for students. It is clearly written and easily understandable. Some sections appear duplicative of current state law, and the agency will consider eliminating these sections. For example, 8VAC20-490-20 appears to be duplicative of §§ 22.1-299 and 22.1-302 of the Code of Virginia; 8VAC20-490-50 appears to be duplicative of § 22.1253.13.7 C 1, C 7, and C 8 of the Code of Virginia; and 8VAC20-490-60 overlaps with § 22.1-81 of the Code of Virginia. The agency will further consider consolidating the regulation with another regulation governing school divisions (8VAC20-720).

There is a continued need for some of the sections in the regulation. No complaints or comments were received concerning the regulation. The regulation is not overly complex. Other parts of the chapter do not appear to have been affected by changes in technology, economic conditions, or other factors. There is no impact on small business from this regulation.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-521, Regulations Governing Reduction of State Aid When Length of School Term Below 180 Teaching Days or 990 Teaching Hours, and determined that this regulation should be repealed. The board is publishing its report of findings dated May 8, 2024, to support this decision.

The regulation is not necessary for the protection of public health, safety, and welfare because it essentially duplicates § 22.1-98 of the Code of Virginia, but it fails to reflect the 2021 changes to the statute. Specifically, the current regulation fails to include the language in § 22.1-98 that provides that when severe weather or other emergency situations result in a school closure, a school division may elect to have an unscheduled remote learning day as an option to make up time. The statute further states that school divisions may schedule no more than 10 unscheduled remote learning days a school year unless the Superintendent of Public Instruction grants an extension, which is provided in 8VAC20-521-40 E. This subsection could be moved to 8VAC20-510-10. The periodic review found that 8VAC20-521 no longer reflects the current statutory framework and simply repeats the requirements found in the prior iteration of the code section.

There is no longer a continued need for the regulation. The agency is currently unaware of any complaints or comments concerning the regulation. The regulation is fairly complicated and may confuse regulated parties. 8VAC20-521-10, 8VAC20-521-20, and 8VAC20-521-30 have not been amended since becoming effective in 2006. 8VAC20-521-40 and 8VAC20-521-50 were last amended in 2019. 8VAC20-521-60 was last amended in 2009. The agency's decision will likely have little to no economic impact on small businesses.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-543, Regulations Governing the Review and Approval of Education Programs in Virginia, and determined that this regulation should be retained as is. The board is publishing its report of findings dated April 30, 2024, to support this decision.

This regulation is required by statute and is necessary to ensure the preparation of teachers by colleges and universities according to standards outlined by the board. The regulation sets standards for curriculum to ensure high-quality teachers across the Commonwealth. The periodic review found that the regulation was reasonable and consistent with the statutory requirements, and all prior revisions continue to align with the regulation governing the review and approval of education programs in Virginia.

There is a continued need for the regulation. The agency received one comment concerning the regulation during the periodic review. The Advisory Board for Teacher Education and Licensure may consider the comment during its next review. While this regulation is complex, there does not appear to be any overlap, duplication, or conflict with federal or state law or regulation. The promulgation of 8VAC20-543 was completed and became effective on August 23, 2018. The regulation does not appear to have been affected by changes in technology, economic conditions, or other factors. The regulation is consistent with applicable law, including §§ 22.1-16 and 22.1-298.2 of the Code of Virginia.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-720, Regulations Governing Local School Boards and School Divisions, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 10, 2024, to support this decision.

This regulation is effective and necessary for the protection of public health, safety, and welfare because it ensures that local school boards are implementing practices approved by the board in order to achieve the best outcomes for students. It is clearly written and easily understandable. The agency will retain the regulation as is.

There is a continued need for this regulation. The agency is not currently aware of any complaints or comments concerning the regulation. The regulation is not overly complex. It appears that there is little to no overlap, duplication, or conflict with federal or state law or regulation. 8VAC20-720-170 was amended in 2014 to correct an error. The remainder of the regulation has not been amended since it became effective in 2012. The agency's decision is expected to have little to no economic impact on small businesses.

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TITLE 16. LABOR AND EMPLOYMENT

SAFETY AND HEALTH CODES BOARD

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: 16VAC25-35, Regulation Concerning Certified Lead Contractors Notification, Lead Project Permits and Permit Fees; 16VAC25-55, Financial Requirements for Boiler and Pressure Vessel Contract Fee Inspectors; 16VAC25-73, Regulation Applicable to Tree Trimming Operations; and 16VAC25-75, General Industry Standard for Telecommunications, General, Approach Distances. 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 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 August 26, 2024, and ends September 16, 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: Cristin Bernhardt, Regulatory Coordinator and Staff Attorney, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-2392, FAX (804) 786-2641, or email cristin.bernhardt@doli.virginia.gov.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF COUNSELING

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: 18VAC115-20, Regulations Governing the Practice of Professional Counseling; 18VAC115-30, Regulations Governing the Certification of Substance Abuse Counselors and Substance Abuse Counseling Assistants; 18VAC115-40, Regulations Governing the Certification of Rehabilitation Providers; 18VAC115-50, Regulations Governing the Practice of Marriage and Family Therapy; 18VAC115-60, Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners; and 18VAC115-70, Regulations Governing the Registration of Peer Recovery Specialists. 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 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 August 26, 2024, and ends September 16, 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: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, FAX (804) 5274-4435, or email jaime.hoyle@dhp.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 22VAC40-80, General Procedures and Information for Licensure, and determined that this regulation should be amended. The board is publishing its report of findings dated August 1, 2024, to support this decision.

The regulation is necessary for the protection of the health, safety, and welfare of the children and adults served by assisted living facilities (ALF), adult day centers (ADC), and child welfare agencies. The regulation provides information on the licensing process and the responsibilities of the agency and the applicant or licensee. The regulation is clearly written and easily understandable. The agency recommends amending the regulation for technical and clarification purposes and to reduce regulatory burdens.

The agency received no complaints or comments regarding this regulation. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation includes requirements that are also included in the Code of Virginia; however, the regulation provides additional information that is not in statute. The additional detail in the regulation helps applicants and licensees to better understand licensure requirements. This regulation explains requirements affecting all licensed programs.

The last significant revision was completed in 2006 and exempt regulatory actions were completed in 2011, 2013, 2017, 2019, 2021, and 2023 to align the regulation to statutory changes. The regulation now needs to be amended for technical and clarification purposes and to reduce regulatory burdens. The amendments will have a minimal economic impact on small businesses.

Contact Information: Samantha Fogt, Licensing Consultant, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 845-0308, FAX (804) 726-7132, or email samantha.fogt@dss.virginia.gov.

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 22VAC40-890, Human Subject Research Regulations, and determined that this regulation should be amended. The board is publishing its report of findings dated August 1, 2024, to support this decision.

This regulation requires that the Department of Social Services (DSS) Institutional Review Board (IRB) reviews and gives its approval, as appropriate, to any research sponsored by DSS and related entities (i.e., local departments of social services, DSS-licensed facilities, and DSS-authorized contractors). The regulation is necessary for the public safety and welfare of human subjects involved in research sponsored by or approved through DSS and related entities. The regulation is clearly written and easily understandable.

While no public comments were received, regulatory language is not aligned with the Code of Virginia. The decision is to amend the regulation, given that the Department of Social Services already has had an action pending from 2021 to 2022 to accomplish that. The amendment was approved by the State Board of Social Services in December 2022.

Contact Information: Gail Jennings, Senior Research Associate, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 726-7490, or email gail.jennings@dss.virginia.gov.

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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMONWEALTH TRANSPORTATION BOARD

Agency Notice

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board will conduct periodic reviews and small business impact reviews on 24VAC30-21, General Rules and Regulations of the Commonwealth Transportation Board; 24VAC30-50, Rules and Regulations for the Administration of Waysides and Rest Areas; 24VAC30-61, Rules and Regulations Governing the Transportation of Hazardous Materials Through Bridge-Tunnel Facilities; and 24VAC30-100, Rules and Regulations for the Administration of Parking Lots and Environs. The Notices of Intended Regulatory Action, which are published in this issue of the Register, serve as the notice of announcement of the reviews.

Contact Information: Jo Anne Maxwell, Director, Governance and Legislative Affairs, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, or email joanne.maxwell@vdot.virginia.gov.

PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWSVol. 41 Iss. 1 - August 26, 2024

PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 41 Iss. 1 - August 26, 2024