TITLE 11. GAMING

CHARITABLE GAMING BOARD

Agency Decision

Title of Regulation: 11VAC15-40. Charitable Gaming Regulations.

Statutory Authority: § 18.2-340.15 of the Code of Virginia.

Name of Petitioner: Nathan A. Freels, Powerhouse Gaming.

Nature of Petitioner's Request: Petitioner requests that the Charitable Gaming Board amend Charitable Gaming Regulations to allow "for the calculation of Use of Proceeds be adjusted such that electronic pulltabs are calculated as 2% of the charitable gaming gross receipts specifically realized from the use of electronic pulltabs."

Agency Decision: Request denied.

Statement of Reason for Decision: The Charitable Gaming Board (board) voted to take no action on the petitioner's request for rulemaking for the following reason:

In 2018, the board created a workgroup to evaluate use of proceeds and to consider whether changes to the current structure are appropriate and necessary. It is premature for the board to interject itself into this evaluation until the workgroup has completed its work. Though the board voted to take no action on the petition, the workgroup will consider the specific idea brought forth in the petition for rulemaking as it deliberates over use of proceeds.

Agency Contact: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3983, or email michael.menefee@cdacs.virginia.gov.

VA.R. Doc. No. R19-26; Filed July 1, 2019, 5:56 p.m.

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TITLE 24 TRANSPORTATION AND MOTOR VEHICLES

COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM

Agency Decision

Title of Regulation: 24VAC35-30. VASAP Case Management Policy and Procedure Manual.

Statutory Authority: §§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Name of Petitioner: Cynthia Ellen Hites.

Nature of Petitioner's Request: "I, Cynthia Ellen Hites, as a citizen of the Commonwealth of Virginia, pursuant to § 2.2-4007 of the Code of Virginia, do humbly submit this petition for the following amendment to Virginia Administrative Code 24VAC35-30-150 (VASAP Policy and Procedures Manual). Currently, the law states the following: Section 150, Paragraph A: 'Noncompliance reporting. When the offender has been deemed noncompliant by the case manager, that case manager, within five working days, shall notify in writing the referring court or agency and the offender.' As of now, no penalty exists to the caseworker for breech of this law. With no adverse effect to the caseworker, or ASAP director, respectively, for failing to fulfill their duties, ASAP caseworkers can effectively operate with impunity regarding the time allotted them to notify [the] offender and court of noncompliance. There are no penalties established for the incidences of caseworker error or malfeasance that result in restart of [an] ignition interlock sentence, or force [the] offender to reappear in court to face further punishment. I propose the following language be adopted, in lieu of the current: 'A. Noncompliance reporting. When the offender has been deemed noncompliant by the case manager, that case manager, within five working days, shall notify in writing the referring court or agency and the offender. If [the] caseworker fails to notify in writing both parties, within five working days, the instance of noncompliance shall not be considered, and the offender shall incur no penalty.'"

Agency Decision: Request denied.

Statement of Reason for Decision: During its June 7, 2019, meeting, the Commission on VASAP denied this petition, taking no action for the following reasons:

1) Failure of a case manager to report noncompliance promptly should not exonerate a client for violation of a probationary requirement; however, it might be considered in mitigation.

2) Whenever there is any malfeasance by a case manager, or a failure to otherwise perform required duties, any corrective or disciplinary action of the ASAP employee is a personnel matter best handled on a case-by-case basis to account for the specific circumstances.

3) ASAP case managers are not state employees. Thus, any employee consequences pertaining to job performance must be addressed by the local ASAP director and policy board and should not be included in state regulations.

Agency Contact: Richard Foy, Field Services Specialist, Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, or email rfoy@vasap.virginia.gov.

VA.R. Doc. No. R19-25; Filed June 20, 2019, 4:55 p.m.