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Virginia Regulatory Town Hall

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Action:
Promulgate Model Public Participation Guidelines
Stage: Final
6VAC35-10

CHAPTER 10
PUBLIC PARTICIPATION GUIDELINES (REPEALED)

6VAC35-10-10

Part I
General Provisions

6VAC35-10-10. Definitions. (Repealed.)

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the State Board of Juvenile Justice.

"Department" means the Department of Juvenile Justice.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-01-001 §1.1, eff. January 31, 1991; amended, Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-20

6VAC35-10-20. Authority. (Repealed.)

A. The Administrative Process Act, Chapter 40 (§2.2-4000 et seq.) of Title 2.2 of the Code of Virginia sets out the procedures for promulgating regulations. Specifically, §2.2-4007 D of the Code of Virginia directs agencies of the Commonwealth to develop, adopt and use public participation guidelines for soliciting the input of interested parties in the formation and development of regulations. Section 66-10 of the Code of Virginia empowers the Board of Juvenile Justice to make, adopt and promulgate rules and regulations.

B. Section 2.2-4007 D of the Code of Virginia specifically directs that "[t]he guidelines shall set out any methods for the identification and notification of interested parties, and any specific means of seeking input from interested persons or groups that the department intends to use in addition to the Notice of Intended Regulatory Action. The guidelines shall set out a general policy for the use of standing or ad hoc advisory panels and consultation with groups registering interest in working with the department. Such policy shall address the circumstances in which the department considers the panels or consultation appropriate and intends to make use of the panels or consultation."

C. Section 66-3 of the Code of Virginia requires that when the department acquires real property for the purpose of operating a juvenile correctional facility the department shall comply with standards set by the board to ensure adequate public notice and local hearing.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-01-001 §1.2, eff. January 31, 1991; amended, Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-30

6VAC35-10-30. Purpose. (Repealed.)

This regulation provides guidelines for informing the public of, and involving interested parties in, the development, periodic review and amendment of regulations promulgated by the Board of Juvenile Justice and provides guidelines for public notice and local hearing as required by §66-3 of the Code of Virginia.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-01-001 §1.3, eff. January 31, 1991; amended, Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-40

6VAC35-10-40. Administration. (Repealed.)

A. The board has the responsibility for promulgating regulations pertaining to public input in the regulatory process.

B. The director is the chief executive officer of the Department of Juvenile Justice and is responsible for implementing the standards and goals of the board. The department, through designated staff, acts as agent of the board in the development and review of regulations as prescribed by the Administrative Process Act and Executive Orders of the Governor.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-01-001 §1.4, eff. January 31, 1991; amended, Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-50

6VAC35-10-50. Application of regulations. (Repealed.)

A. These Public Participation Guidelines apply to all regulations adopted, amended or repealed by the Board of Juvenile Justice, except those regulations that are exempted or excluded from the provisions of the Administrative Process Act by §2.2-4002 or §2.2-4006 of the Code of Virginia.

B. Nothing in these Public Participation Guidelines shall prevent the board or the department from taking supplemental actions to provide additional opportunity for public comment in the process of drafting, revising or repealing regulations.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-01-001 §1.5, eff. January 31, 1991; amended, Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-70

6VAC35-10-70. Application of the Administrative Process Act. (Repealed.)

The board and the department shall follow the policies and procedures established by the Administrative Process Act (§2.2-4000 et seq. of the Code of Virginia) and applicable Executive Orders of the Governor in developing, amending or repealing regulations. All hearings on such regulations shall be conducted as public meetings in accordance with §2.2-3707 of the Code of Virginia.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-01-001 §1.7, eff. January 31, 1991; amended, Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-80

Part II
Public Participation in Rulemaking

6VAC35-10-80. Identification of interested parties. (Repealed.)

A. The department shall develop and maintain one or more current lists of those persons, organizations, and agencies that have demonstrated an interest in the regulatory activities of the department and the board or who have expressed interest in specific regulatory issues or proposals.

B. The department may add to the list any party likely to be interested in, regulated by, or otherwise affected by a proposed regulatory action or any party whose involvement will serve the purpose of increasing participation in the regulatory process.

C. Individuals and organizations may ask to be added to the list of interested parties at any time via letter, fax or email. The lists will be updated as additional interested parties are identified.

D. The department may purge inactive entries from the list of interested parties when a notice that has been sent to the postal address on file is returned as undeliverable or when a notice that has been sent to an email or fax address on file is undeliverable for more than one day. In addition, the department may periodically ask those on the list of interested parties to indicate whether they wish to be continued on the list.

E. When a regulation governs programs or services that directly affect juveniles or their families, the department shall make and document efforts to invite comment from juveniles and their families.

F. When a regulation governs units operated by the department, the department shall make and document efforts to invite comment from the staff at the affected units.

G. When an organizational unit or facility operated by the department has a citizen liaison group, the department shall make and document efforts to invite comment from the members of the citizen liaison group.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-01-001 §2.1, eff. January 31, 1991; amended, Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-90

6VAC35-10-90. Notification of interested parties. (Repealed.)

A. Individual mailings. When the department determines that specific regulations need to be developed or substantially modified, the department shall so notify the individuals, organizations, and agencies identified as interested parties in 6VAC35-10-80. This notice may be via the U.S. mail, fax, or email, and shall invite those interested in providing input to notify the department of their interest. The notice shall include the title of the regulation to be developed or modified; the contact person at the department, mailing address, and telephone number; and the date by which a notice of a desire to comment must be received. In addition, known parties having interest and expertise will be advised, via mail, fax, or email, of the department's desire to develop a regulation and will be invited to assist the department in developing the regulation or in providing input.

B. The department shall also post notice of the intended regulatory action on the department's web page and on the Regulatory Town Hall web page maintained by the Department of Planning and Budget, in accordance with instructions from the Governor on the regulatory process.

C. Notice of intent. When the department determines that specific regulations that are covered by the Administrative Process Act need to be developed or substantially modified, the department shall, consistent with policies issued by the Governor, publish a Notice of Intent in the Virginia Register of Regulations. This notice will invite those interested in providing input to notify the department of their interest. The notice will include the title of the regulation to be developed or modified; the contact person, mailing address, email address, fax number and telephone number; and the date by which a notice of a desire to comment must be received.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-01-001 §2.2, eff. January 31, 1991; amended, Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-100

6VAC35-10-100. Solicitation of input from interested parties. (Repealed.)

A. In developing any regulation, the department shall afford interested individuals and entities an opportunity to submit data, views, and arguments, whether in person, by regular mail, email, or facsimile, to the department or its designated representative. Prior to or during any such opportunity the department may, at its discretion, begin drafting the proposed regulation.

B. Advisory panels. The department may create an advisory panel to assist in the development of a new regulation or the modification of an existing regulation. Advisory panels shall be established on an ad hoc basis and shall consist of persons representative of those who have registered an interest in the subject of the regulation or persons who have an expertise in a specific regulatory matter.

1. Members of advisory panels shall consist of a balanced representation of individuals and representatives of organizations and agencies identified in 6VAC35-10-80 as interested and who have expressed a desire to comment on new or modified regulations in the developmental process.

2. Individual panels shall establish their own operating procedure. All comments on proposed regulations shall be documented and a response developed for each comment.

C. Other comments. All persons, organizations, and agencies that respond to the individual mailings, email or fax notice and the Notice of Intent shall be provided an opportunity to examine regulations in their developmental stage and to provide written comments on these regulations to the department. The department shall document the receipt of these comments and respond to each commentor.

D. The department shall consider all input received, including but not limited to responses to notifications to interested parties as listed in 6VAC35-10-90, in formulating and drafting proposed regulations.

E. The failure of any person to receive any notice or copies of any documents provided under these guidelines shall not affect the validity of any regulations otherwise adopted in accordance with this chapter.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-01-001 §2.3, eff. January 31, 1991; amended, Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-105

6VAC35-10-105. Documents to be sent to persons or entities on the mailing list. (Repealed.)

Persons or entities on the list of interested parties list described in 6VAC35-10-80 shall be mailed the following documents at the appropriate stage of the regulatory process:

1. A Notice of Intended Regulatory Action.

2. A Notice of Comment Period along with, at the proposed stage, a copy of the proposed regulation.

3. A copy of any final regulation to be adopted by the board, along with a draft of the department's summary description of public comment and the department's response to each comment. In accordance with §2.2-4012 of the Code of Virginia, this information shall be sent at least five days before final adoption of the regulation.

4. A notice soliciting comment on a final regulation when the regulatory process has been extended.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-110

6VAC35-10-110. Administrative Process Act procedures. (Repealed.)

Regulations shall be developed, revised and repealed in accordance with the Administrative Process Act (§2.2-4000 et seq. of the Code of Virginia). The board intends to include one or more public hearings as part of the public comment period for all regulations and whenever practicable will schedule at least one such hearing in conjunction with a meeting of the board so that the board members may hear first hand from persons who have an interest in the regulation.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-01-001 §2.4, eff. January 31, 1991; amended, Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-120

6VAC35-10-120. Petition for rulemaking. (Repealed.)

As provided by §2.2-4007 of the Code of Virginia, any person may petition the board to develop a new regulation or to revise an existing regulation. The board and the department will follow the procedures set out in §2.2-4007 in responding to any such petition.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-130

Part III
Public Notice When the Department Acquires Property

6VAC35-10-130. Notice to local governing authority. (Repealed.)

When the department acquires real property for the purpose of operating a juvenile correctional center or other residential or administrative facility, it shall provide notice to the governing body of the locality in which the property is located. The department may give such notice as soon as it has reason to believe it may acquire a specific property, but must give notice at least 30 days prior to entering into a contract to purchase or accepting a deed or other instrument of conveyance for the property.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-140

6VAC35-10-140. Public hearing. (Repealed.)

The department shall conduct a public hearing within 30 days from the date it notified the locality. If, however, the locality elects to conduct its own hearing within the same 30 days, the department may dispense with its hearing.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-10-150

6VAC35-10-150. Comments made at public hearing. (Repealed.)

Department staff shall attend the local hearing and shall prepare a summary of the public comments made and any responses offered by the department. The department shall include a summary of the public comments and its responses in any report to the General Assembly or to the Governor and any executive branch agency that has a role in reviewing and approving the proposed development of the juvenile correctional facility on the property that was the subject of the local hearing.

Statutory Authority

§§2.2-4007, 66-3, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 1, eff. October 18, 2006; repealed, Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11

CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES

6VAC35-11-10

Part I
Purpose and Definitions

6VAC35-11-10. Purpose.

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department (Board) of Juvenile Justice. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§§2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-20

6VAC35-11-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department (Board) of Juvenile Justice, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by §2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§2.2-4031 et seq.) of the Administrative Process Act.

Statutory Authority

§§2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-30

Part II
Notification of Interested Persons

6VAC35-11-30. Notification list.

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

Statutory Authority

§§2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-40

6VAC35-11-40. Information to be sent to persons on the notification list.

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 6VAC35-11-30, the agency shall send the following information:

1. A notice of intended regulatory action (NOIRA).

2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to §2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

Statutory Authority

§§2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-50

Part III
Public Participation Procedures

6VAC35-11-50. Public comment.

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

2. For a minimum of 60 calendar days following the publication of a proposed regulation.

3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with §2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to §2.2-4012 E of the Code of Virginia.

Statutory Authority

§§2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-60

6VAC35-11-60. Petition for rulemaking.

A. As provided in §2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

1. The petitioner's name and contact information;

2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to §2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

Statutory Authority

§§2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-70

6VAC35-11-70. Appointment of regulatory advisory panel.

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

Statutory Authority

§§2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-80

6VAC35-11-80. Appointment of negotiated rulemaking panel.

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

1. There is no longer controversy associated with the development of the regulation;

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

3. The agency determines that resolution of a controversy is unlikely.

Statutory Authority

§§2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-90

6VAC35-11-90. Meetings.

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with §2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

Statutory Authority

§§2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-100

6VAC35-11-100. Public hearings on regulations.

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

1. The agency's basic law requires the agency to hold a public hearing;

2. The Governor directs the agency to hold a public hearing; or

3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

Statutory Authority

§§2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-110

6VAC35-11-110. Periodic review of regulations.

A. The agency shall conduct a periodic review of its regulations consistent with:

1. An executive order issued by the Governor pursuant to §2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

2. The requirements in §2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

Statutory Authority

§§2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.