STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
State Human Rights Committee Decision on Variances to the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services
Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115),(Human Rights Regulations) is announcing a decision on an application for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.
Each variance application references the specific part of the regulation to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. The application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance.
Purpose of notice: After considering all available information, at the committee's meeting on April 11, 2024, the SHRC voted to approve the application for variances to the Human Rights Regulations for the DBHDS Virginia Center for Behavioral Rehabilitation (VCBR) for a three-year period, with annual updates to the SHRC.
The committee has approved variances to procedures for 12VAC35-115-150, General provisions; 12VAC35-115-175, Human rights complaint process; 12VAC35-115-180, Local human rights committee hearing and review procedures; 12VAC35-115-190, Special procedures for emergency hearings by the LHRC; 12VAC35-115-200, Special procedures for LHRC reviews involving consent and authorization; and 12VAC35-115-210, State Human Rights Committee appeals procedures.
Explanation: Prior to 2010, VCBR followed the complaint process outlined in the Human Rights Regulations. As the census of the facility grew, the volume of complaints from residents overburdened the local human rights committee (LHRC) and became a treatment distraction for residents. The decision was made not to utilize a different LHRC for matters involving VCBR due to the volume. The modified resident complaint process provides a similar level of review to the regulation sections listed in this notice. This modified complaint process allows for a review of complaints at a "Formal" level and at a "Director" level within the facility. The complaints coordinator of the facility meets with the resident at the Formal level in an attempt to resolve the issue at hand. At the Director level, the facility director or the facility director's designee reviews the complaint and attempts to resolve the issue at hand. If the resident is not satisfied with the determination or actions by the facility, the resident may appeal the decision to the VCBR Complaints Appeal Committee. This appeal committee is comprised of two members of the SHRC and the Director of the DBHDS Office of Human Rights. Having the appeal committee ensures that there is still a process in place for a final review by individuals not affiliated with the facility.
Contact Information: Taneika Goldman, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 371-0064, FAX (804) 731-1241, TDD (804) 371-8977, or email taneika.goldman@dbhds.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for Energix EPC US LLC, Caden Energix Axton LLC, and Waverly Solar LLC
The Department of Environmental Quality (DEQ) is proposing an enforcement action for Energix EPC US LLC, Caden Energix Axton LLC, and Waverly Solar LLC for violations of State Water Control Law and regulations in Buckingham, Henry, Sussex (Waverly), and Wythe Counties, Virginia. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept written comments from May 20, 2024, to June 21, 2024. Contact Information: Kristen Sadtler, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, or email kristen.sadtler@deq.virginia.gov.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; Email: varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at https://commonwealthcalendar.virginia.gov.
Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.
Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.