Agencies | Governor
Virginia Regulatory Town Hall
secretary
Agriculture and Forestry
Agency
Department of Agriculture and Consumer Services
Board
Department of Agriculture and Consumer Services
Petition 342
Petition Information
Petition Title Home Service Contract Provider Regulation
Date Filed 4/12/2021    [Transmittal Sheet]
Petitioner David Sacks 
Petitioner's Request

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's 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.  

 
Comment Period Ended 5/30/2021
1 comments
Agency Decision Take no action [Transmittal Sheet]    
Response Date 7/29/2021
Agency Decision Summary

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.


Contact Information
Name / Title: Michael Menefee  / Program Mgr, Charitable and Regulatory Programs
Address: P. O. Box 1163
Richmond, 23218
Email Address: Michael.Menefee@vdacs.virginia.gov
Telephone: (804)786-3983    FAX: (804)371-7479    TDD: (800)828-1120