| 7/29/2021 12:46 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
| Promulgating Board: | Department of Agriculture and Consumer Services |
| Regulatory Coordinator: | Erin Williams (804)786-7157 erin.williams@vdacs.virginia.gov |
| Agency Contact: | Michael Menefee Program Mgr, Charitable and Regulatory Programs (804)786-3983 Michael.Menefee@vdacs.virginia.gov |
| Contact Address: | Department of Agriculture and Consumer Services P. O. Box 1163 Richmond, VA 23218 |
| Chapter Affected: | |
| 2 vac 5 - : | |
| Statutory Authority: |
State: Federal: |
| Date Petition Received | 04/12/2021 |
| Petitioner | David Sacks |
Petitioner requests that the Board of Agriculture and Consumer Services promulgate
regulations governing the issuance and provision of home service contracts to protect
the Virginia consumers who purchase these contracts.
Agency Plan
The Board of Agriculture and Consumer Services will consider this request at its next
scheduled meeting following the public comment period. This meeting will occur on
July 20, 2021.
| Publication Date | 05/10/2021 (comment period will also begin on this date) |
| Comment End Date | 05/30/2021 |
Take no action
| Agency Response Date | 07/29/2021 |
The Board of Agriculture and Consumer Services (Board) voted to deny the petitioner's
request for rulemaking for the following reasons:
The petitioner requested that the Board promulgate regulations governing the issuance
and provision of home service contracts to protect the Virginia consumers who purchase
these contracts by providing a recourse to consumers when the home service contract
provider fails to comply with the provisions of the contract, fails to honor legitimate
claims, and fails to respond to consumer inquiries in a timely manner. The petitioner
also requested the regulations address requiring home service contract providers to
provide a process to appeal a decision for a denial of a claim.
The Home Service Contract Providers Act (Act) only allows the Board to adopt regulations
to effectuate the provisions of the Act and to further define services that may be
covered by a home service contract. The Act requires a home service contract provider
to register with the Virginia Department of Agriculture and Consumer Services (VDACS)
prior to offering a home service contract in Virginia. The Act does not provide authority
to the Board or VDACS to intervene in a contractual relationship between the consumer
and the provider or to require the provider to offer an appeal process for consumers.