5/29/2018 12:54 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: Commission on the Virginia Alcohol Safety Action Program
Regulatory Coordinator: Richard Foy

(804)786-5895

rfoy@vasap.virginia.gov
Agency Contact: Richard Foy

Field Service Specialist

(804)786-5895

rfoy@vasap.virginia.gov
Contact Address: Commission on the Virginia Alcohol Safety Action Program

Commission on VASAP

701 E. Franklin Street, Suite 1110

Richmond, VA 23219
Chapter Affected:
24 vac 35 - 60: Ignition Interlock Regulations
Statutory Authority: State: 18.2 -270.2

Federal:
Date Petition Received 01/26/2018
Petitioner Cynthia Hites
 Petitioner's Request
On January 26, 2018, citing VA Code § 2.2-4007, Cynthia Hites requested changes to VA Code §§ 18.2-270.1, 18.2-270.2 and VA Administrative Code 24VAC35-60 with regard to the terms "alcohol" and "ethanol."
 Agency Plan
The petitioner's request will be considered at the next Commission on VASAP meeting on March 29, 2018.
Publication Date 02/19/2018  (comment period will also begin on this date)
Comment End Date 03/11/2018
 Agency Decision
Take no action
Agency Response Date 05/29/2018
 Agency Decision Text
At its meeting on March 29, 2018, the Commission on VASAP considered Ms. Hites' proposed changes to Virginia Code §§ 18.2-270.1 and 18.2-270.2 as well as all relevant public comments. The Commission voted unanimously to deny, in its entirety, Petition 267.  The reasons for denial are detailed below: 1.  Request to amend Virginia Code § 18.2-270.1 regarding amending each reference of "alcohol" to "ethanol:"  the Commission does not have legal authority to amend the Code of Virginia. 2.  Request to amend Virginia Code § 18.2-270.2 regarding amending each reference of "alcohol" to "ethanol:"  the Commission does not have legal authority to amend the Code of Virginia. 3.  Request to amend Virginia Administrative Code 24VAC35-60 regarding the terms of "alcohol" and "ethanol:"  the Commission denied this request as the language in the Virginia Administrative Code is currently consistent with the law as identified in Virginia Code §§ 18.2-270.1 and 18.2-270.2.  The Commission does not desire to change the language in the Virginia Administrative Code, thereby creating inconsistency.