PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 41 Iss. 12 - January 27, 2025

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 22VAC40-675, Personnel Policies for Local Departments of Social Services, and determined that this regulation should be amended. The board is publishing its report of findings dated January 7, 2025, to support this decision.

The goal of the regulation is to establish performance standards for the personnel employed in Virginia local departments of social services (LDSS) under the administration of Title 63.2 of the Code of Virginia. Additionally, it is consistent with the Federal Standards for a Merit System of Personnel Administration (5 CFR Part 900, Subpart F), specific to recruiting, selecting, and advancing employees based on their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment. This regulation establishes standards for (i) LDSS designations as a Level I, II, or III agency; (ii) the development of personnel policies and procedures for an LDSS; (iii) procedures for local jurisdiction personnel policies to deviate from policies and procedures approved by the State Board of Social Services (SBSS); (iv) classification and compensation; (v) recruitment and selection of LDSS employees; (vi) employee status and performance; (vii) equal employment opportunity; (viii) standards of conduct; (ix) grievance procedures; (x) the Hatch Act; and (xi) outside employment.

The regulation is essential to protect public health, safety, and welfare because it establishes the performance standards for employees responsible for child and adult protective services and determining social services benefit eligibility for citizens of the Commonwealth. The regulation has been effective in meeting this goal and is clearly written and easy to understand.

While no public comments were received, the department identified the need for amendments. In 22VAC40-675-10, the definition of "administrative manual" should be updated to remove unnecessary dates and a typographical error.

This regulation applies to the SBSS adoption of regulations to maintain entrance standards of employees hired and employed by LDSSs. It is not applicable to small businesses and therefore will not have an impact on small businesses.

Contact Information: Leighann Smigielski, Senior Human Resources Policy Analyst, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 726-7059, FAX (804) 726-7019, or email r.leighann.smigielski@dss.virginia.gov.