Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Personnel Policies for Local Departments of Social Services [22 VAC 40 ‑ 675]
Action is Exempt from Article 2 of the Administrative Process Act
Update Personnel Policies for Local Departments of Social Services to Align with Federal Law
Action 6382
General Information
Action Summary Proposed amendments in Subsection A of §22VAC40-675-210, Paragraphs 1. and 3. (Political Activity) involve the addition of the changes consistent with the Hatch Act Modernization Act of 2012. The changes to the Hatch Act (5 USC §§ 1501-1508) now allow more flexibility for state and local employees who wish to run as a candidate in a partisan public elective office in a primary, general, or special election. Prior to the Hatch Act Modernization Act of 2012, state and local employees were prohibited from running as a candidate for a partisan public elective office if their salaries were paid either partially or entirely by loans or grants made by the United States or a federal agency. Now, state and local employees are permitted to run as candidates in these elections as long as their positions are not paid completely from such loans or grants. State and local employees are still responsible for adhering to the remaining stipulations of the Hatch Act (Paragraphs 1. And 2.) regardless of whether their employment is paid partially or entirely from such loans. Amendments to subsections C of 22VAC40-675-210 (Political Activity) correct the misspelling of the word “principal.” Proposed amendments in subsections D of 22VAC40-675-210 (Political Activity) add the phrase “…and applicable state and local laws, regulations, and ordinances.” There are some Virginia Code sections that may apply that do not conflict with the federal Hatch Act, or the locality may have a conflict-of-interest provision that would apply to the local department worker for certain public office positions.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and will be reviewed by the Governor's Office.
RIS Project Yes  [7758]
Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation or court case.
Hatch Act-5 USC Sections 1501-1508, Hatch Modernization Act of 2012
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
10196 Final Stage complete. This regulation became effective on 02/14/2024.
Contact Information
Name / Title: Leighann Smigielski  / Policy Analyst, Sr.
Address: 801 E. Main Street
Richmond, VA 23219
Email Address:
Phone: (804)726-7059    FAX: (804)726-7027    TDD: ()-

This person is the primary contact for this chapter.