An Agency should not establish the fees for it's administerial duties, nor provide professional services to private landowners. Only the General Assembly has power of the purse, through the budget bill and therefore our elected representives retain oversight.

There have been substantial changes to the proposed language in the final regulation. By introducing fees to the proposal VDH has violated provisions of the Administrative Process Act. Specifically by failing to provide a concise statement of legal and economic basis, and it's estimated impact on persons affected, and the cost of the action to this population and the public. As stated by many professionals during the NOIRA there are substantial economic effects in providing subsidized services, in particular professional services under license to support the development of real property. Under Article 10 of the Consitution the state should not have any competitive interest in such development.

Introducing another competive interest to the duties of a regulator or code official should be avoided. Any conflict of interest should be disclosed to the public, but further undermining the VDH's authority should be avoided to preserve independent third party review of the applicant's and the greater public's interest.