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 4VAC50-85, Nutrient Management Training and Certification Regulations, and determined that this regulation should be amended. The board is publishing its report of findings dated September 16, 2025, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare of the citizens and visitors to the Commonwealth. The board identified sections of the regulations that need amendments and clarifications, and the board intends to authorize the Department of Conservation and Recreation to initiate a regulatory action that addresses priority issues with the regulations. At a minimum, amendments to address the following concerns will be considered: (i) the need to more quickly and proactively update standards and criteria; (ii) the use of outdated or unnecessary definitions; (iii) incorporating the use of precision agriculture practices and plans; (iv) updating the fees required for training and certification; and (v) clarifying recommendations versus requirements throughout the regulation.
This regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804)786-4378, or email lisa.mcgee@dcr.virginia.gov.
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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 6VAC20-90, Rules Relating to Criminal Justice Training Academies, and determined that the regulation should be amended. The department is publishing its report of findings dated October 15, 2025, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare and is required by Article 1 (§ 9.1-100 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia. The regulation is clearly written and is easily understandable. The agency will be promulgating a Notice of Intended Regulatory Action (NOIRA) to amend the regulation with potential updates to regulatory language and requirements.
This regulation is necessary to ensure compliance of regional criminal justice training academies as required by § 9.1-102 of the Code of Virginia. The department received no complaints or comments during the public comment period. The regulation is neither overly complex nor burdensome and does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last reviewed in 2018. The regulation affects training facilities and campuses operated by state or local units of government. To the extent that training facilities leased, rented, or used by state or local units of government are small businesses, the regulation is not expected to have an economic impact.
Contact Information: Lee Bryant, Regulatory Specialist, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-1863, or email lee.bryant@dcjs.virginia.gov.
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 6VAC20-280, Rules Relating to Compulsory Minimum Training Standards for Law-Enforcement Field Training Officers, and determined that the regulation should be amended. The department is publishing its report of findings dated October 15, 2025, to support this decision.
This regulation is essential to protect the health, safety, and welfare of citizens of the Commonwealth by ensuring field training officers receive the most up-to-date training. The regulation is required by § 9.1-102 of the Code of Virginia. The regulation is clearly written and easily understandable. The agency will be promulgating a Notice of Intended Regulatory Action (NOIRA) to amend the regulation with potential updates to regulatory language and requirements.
This regulation is authorized and required by statute. No complaints or comments were received during the public comment period. The regulation is neither overly complex nor burdensome. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last reviewed in 2015 when it was initially promulgated. It is not anticipated that the regulation will have any adverse effect on small businesses.
Contact Information: Lee Bryant, Regulatory Specialist, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-1863, or email lee.bryant@dcjs.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 regulation is undergoing a periodic review and a small business impact review: 18VAC115-15, Delegation of Informal Fact-Finding to an Agency Subordinate. The review will be guided by the principles in Executive Order 19 (2022). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on 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 November 17, 2025, and ends December 7, 2025.
Comments must include the commenter's name and address (physical or email) 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) 527-4435, or email jaime.hoyle@dhp.virginia.gov.
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TITLE 22. SOCIAL SERVICES
DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services conducted a periodic review and small business impact review of 22VAC30-30, Provision of Independent Living Rehabilitation Services, and determined that the regulation should be amended. The department is publishing its report of findings dated October 21, 2025, to support this decision.
This regulation protects the health, safety, and welfare of Virginia citizens because it ensures the effective and efficient use of state general funds (SGF) in the delivery of independent living (IL) services for individuals with disabilities. These important services assist individuals with disabilities to live more independently and support an improved quality of life for individuals with disabilities. While the chapter is generally clearly written and easily understandable, it does contain outdated provisions and content that conflict with federal requirements. These conflicts hinder the clarity and ease of understanding in the chapter.
The department has determined that the regulation should be amended to address (i) inconsistencies between state regulations and federal law and regulations that do not support effective or efficient IL service delivery, (ii) the lingering inclusion of outdated federal law and regulatory provisions that do not apply, and (iii) the need to account for current service delivery and operational practices that are used by the department and Centers for Independent Living (CILs).
This regulation is necessary to comply with Article 10 (§ 51.5-161 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia and to establish requirements for the delivery of IL services with SGF. Beyond the comments received during the periodic review, the department has received no other complaints or concerns about the regulation. While the regulation is not inherently complex, it has become dated due to the recent adoption of new federal laws and regulations governing federally funded IL services. The state regulation is intended to align with federal laws and regulations. Specifically, § 51.5-162 of the Code of Virginia states that independent living services provided pursuant to Article 10 of Chapter 14 of Title 51.5 shall be provided in accordance with the federal Rehabilitation Act of 1973 (29 USC § 701 et seq.), as amended. The federal Rehabilitation Act of 1973 provides the authority for federal funding for IL services. The Rehabilitation Act of 1973 was last amended through the adoption of the Workforce Innovation and Opportunity Act (WIOA) of 2014 (P.L. 113-128). Through WIOA, the federal oversight and administration of federal funding for IL services was shifted from the U.S. Department of Education Rehabilitation Services Administration to the U.S. Department of Health and Human Services, Administration for Community Living. Following the passage of WIOA, regulatory oversight of federally funded IL services was updated and shifted from 34 CFR Parts 364, 365, and 366 to 45 CFR Part 1329. However, these statutory and regulatory changes have not been subsequently carried through to state regulations, leading to overlap, duplication, and conflict. A forthcoming regulatory action, stemming from this periodic review, will focus on fixing these issues.
The regulation was last amended in 2012 to update the state agency name. Prior to that, the last substantial amendments made to the chapter were completed in 2004 to align state regulations with the federal regulations that were in place at the time. As stated earlier, changes to federal laws and regulations have impacted Virginia's IL services regulations. Further, the agency has issued guidance in recent years clarifying the requirements for electronic recordkeeping and electronic signatures for CILs in the delivery of IL services, reflecting changes to the technology and practices in delivering IL services.
While CILs would be considered nonprofit small businesses, the department intends to work closely with the Virginia Association of Centers of Independent Living (VACIL) and other disability advocacy groups to ensure revisions to the state regulation create a more current, accurate chapter that supports the CILS in delivering these important IL services and that supports the department in its role to oversee the effective and efficient use of SGF.
Contact Information: Charlotte Arbogast, Senior Policy Analyst and Regulatory Coordinator, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7093, fax (804) 662-7663, or email charlotte.arbogast@dars.virginia.gov.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
COMMONWEALTH TRANSPORTATION BOARD
Initial Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board will conduct a periodic review and a small business impact review on 24VAC30-120, Rules and Regulations Controlling Outdoor Advertising and Directional and Other Signs and Notices. 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: Steven Jack, Regulatory Manager, Department of Transportation, 1221 East Broad Street, Richmond, VA 23219, telephone (804) 786-3885, or email steven.jack@vdot.virginia.gov.