PETITIONS FOR RULEMAKING
Vol. 38 Iss. 1 - August 30, 2021

TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Agency Decision

Title of Regulation: 2VAC5 - a regulation regarding home service contract providers currently does not exist.

Statutory Authority: § 59.1-434.4 of the Code of Virginia.

Name of Petitioner: David Sacks.

Nature of Petitioner's Request: Petitioner requests that the Board of Agriculture and Consumer Services promulgate regulations governing the issuance and provision of home service contracts to protect the Virginia consumers who purchase these contracts.

Agency Decision: Request denied.

Statement of Reason for Decision: The Board of Agriculture and Consumer Services voted to deny the petitioner's request for rulemaking. The petitioner requested that the board promulgate regulations governing the issuance and provision of home service contracts to protect the Virginia consumers who purchase these contracts by providing a recourse to consumers when the home service contract provider fails to comply with the provisions of the contract, fails to honor legitimate claims, and fails to respond to consumer inquiries in a timely manner. The petitioner also requested the regulations address requiring home service contract providers to provide a process to appeal a decision for a denial of a claim.

The Home Service Contract Providers Act (§ 59.1-434.1 et seq. of the Code of Virginia) only allows the board to adopt regulations to effectuate the provisions of the Act and to further define services that may be covered by a home service contract. The Act requires a home service contract provider to register with the Virginia Department of Agriculture and Consumer Services (VDACS) prior to offering a home service contract in Virginia. The Act does not provide authority to the board or VDACS to intervene in a contractual relationship between the consumer and the provider or to require the provider to offer an appeal process for consumers.

Agency Contact: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, P. O. Box 1163, Richmond, VA, 23218, telephone (804) 786-3983, or email michael.menefee@vdacs.virginia.gov.

VA.R. Doc. No. PFR21-31; Filed July 29, 2021, 12:46 p.m.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF VETERINARY MEDICINE

Initial Agency Notice

Title of Regulation: 18VAC150-20. Regulations Governing the Practice of Veterinary Medicine.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: James Penrod for the American Association of Veterinary State Boards.

Nature of Petitioner's Request: To amend 18VAC150-20-115 to accept verification of fulfillment of requirements of the Program for the Assessment of Veterinary Education Equivalence of the American Association of Veterinary State Boards.

Agency Plan for Disposition of Request: The petition will be published on August 30, 2021, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment ending September 29, 2021.

Following receipt of all comments on the petition to amend regulations, the board will decide whether to make any changes to the regulatory language. This matter will be on the board's agenda for its first meeting after the comment period.

Public Comment Deadline: September 29, 2021.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Veterinary Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA, 23233, telephone (804)597-4130, or email leslie.knachel@dhp.virginia.gov.

VA.R. Doc. No. PFR22-02; Filed August 11, 2021, 10:18 a.m.