Vol. 26 Iss. 16 - April 12, 2010



Initial Agency Notice

Title of Regulation: 2VAC20-51. Regulations Governing Pesticide Applicator Certification Under Authority of Virginia Pesticide Control Act.

Statutory Authority: § 3.2-3906 of the Code of Virginia.

Name of Petitioner: Matt Crabbe, Crabbe Aviation, L.L.C.

Nature of Petitioner's Request: Requesting that the Virginia Pesticide Control Board prescribe additional experience requirements for certified commercial aerial applicators who are seeking to own and operate a commercial aerial pesticide application business. The petitioner proposes that the applicator have at least two years of experience in the field and a minimum of 300 hours performing actual aerial application.

Agency's Plan for Disposition of the Request: The Pesticide Control Board will consider this request at its July 15, 2010, quarterly meeting.

Public Comment Deadline: May 3, 2010.

Agency Contact: Roy E. Seward, Jr., Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver W. Hill, Sr., Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3535, or email

VA.R. Doc. No. R10-50; Filed March 19, 2010, 11:31 a.m.

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Agency Decision

Title of Regulation: 22VAC40-910. General Provisions for Maintaining and Disclosing Confidential Information of Public Assistance, Child Support Enforcement, and Social Services Records.

Statutory Authority: §§ 63.2-105 and 63.2-217 of the Code of Virginia.

Name of Petitioner: J. Thompson Shrader.

Nature of Petitioner's Request: Mr. Shrader, on behalf of the Amherst County Social Services Board, states: "...this regulation's revision to require the release of information unless doing so 'would be likely to' cause the harm set forth, will have the unintended consequence of placing child abuse and neglect victims at risk of further harm. Rather, the Amherst County Social Services Board suggests that the regulation should be further amended to permit the withholding of information even if it only 'may' cause such harm."

Agency Decision: Request denied.

Statement of Reasons for Decision: The Administration for Children and Families (ACF) advised the Department of Social Services by a letter dated June 2, 2009, that 22VAC40-190-100 B 3 b (2) did not make clear that local departments of social services do not have the discretion to withhold findings or information about a case of child abuse or neglect resulting in a child fatality or near fatality. ACF directed the State Board of Social Services (board) to make the regulatory language consistent with the Child Abuse and Prevention Treatment Act (CAPTA), which requires states to have procedures or provisions that allow the public to access findings or information about a child abuse or neglect case that results in the fatality or near fatality of a child. The regulation in question, 22VAC40-190-100, was changed to clarify that release of these findings or information is mandatory by changing "may" to "must." In a February 4, 2010, email message, ACF confirmed that to change "must" back to "may" would violate the requirements of CAPTA and would be contrary to ACF's direction to the board.

During the public comment period only two comments were received. The petitioner submitted comments in support of the petition. Commenter Jacklyn Trudell opposed the petition.

Agency Contact: Richard Martin, Regulatory Coordinator, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7902, TDD (800) 828-1120, FAX (804) 726-7906, or email

VA.R. Doc. No. R10-31; Filed March 23, 2010, 9:43 a.m.