PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 41 Iss. 8 - December 02, 2024

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

CRIMINAL JUSTICE SERVICES BOARD

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Criminal Justice Services Board conducted a periodic review and a small business impact review of 6VAC20-120, Regulations Relating to Criminal History Record Information Use and Security, and determined that this regulation should be amended. The board is publishing its report of findings dated November 8, 2024, to support this decision.

Although the regulation is still relevant and written in easily understandable language, the Department of Criminal Justice Services plans to continue to work with Virginia State Police (VSP) to develop language to make the process of sealing and expungement more efficient. The department plans to retain the regulation, but the department will be issuing a notice of intended regulatory action (NOIRA) to make necessary amendments.

The department has considered both the need for the regulation as well as the nature of the comment received concerning the regulation as currently written. While the regulation does not overlap or duplicate federal or state law, amendments have not been made in several years, and the department has determined that it is appropriate to continue to work with VSP to make the regulatory language clearer and more concise, as well as make appropriate amendments to align with Chapter 524 of the 2021 Acts of Assembly. The department's decision to retain and amend the regulation does not impact regulations on small businesses or create an economic burden.

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.

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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: 8VAC20-90, Procedure for Adjusting Grievances; 8VAC20-150, Management of the Student's Scholastic Record in the Public Schools of Virginia; 8VAC20-330, Rules Governing Alternative Education; 8VAC20-340, Regulations Governing Driver Education; 8VAC20-390, Rules Governing Division Superintendent of Schools; 8VAC20-410, Regulations Governing Allowable Credit for Teaching Experience; 8VAC20-580, Regulations for the School Breakfast Program; and 8VAC20-760, Regulations Governing the Designation of School Divisions of Innovation. 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 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 December 2, 2024, and ends December 23, 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: 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.

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TITLE 11. GAMING

VIRGINIA LOTTERY 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: 11VAC5-11, Public Participation Guidelines; 11VAC5-20, Administration Regulations; 11VAC5-31, Licensing Regulations; and 11VAC5-41, Lottery Game Regulations. 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 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 December 2, 2024, and ends December 23, 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: Amy Roper, Regulatory Coordinator, Virginia Lottery, 600 East Main Street, First Floor, Richmond, VA 23219, telephone (804) 692-7133, FAX (804) 692-7325, or email aroper@valottery.com.

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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 following regulation is undergoing a periodic review and small business impact review: 24VAC30-540, Conveyance of Land and Disposal of Improvements. The review of the 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 the 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 December 2, 2024, and ends December 23, 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: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, or email joanne.maxwell@vdot.virginia.gov.