Agencies | Governor
Virginia Regulatory Town Hall
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
Rules and Regulations For Licensing Providers by the Department of Behavioral Health and Developmental Services [12 VAC 35 ‑ 105]
Compliance with Virginia’s Settlement Agreement with US DOJ
Action 5040 / Stage 8262
Emergency/NOIRA Stage  
red ball Emergency Text 4/23/2018  12:20 pm  
pdf Agency Background Document 4/16/2018   (modified 4/23/2018)    
pdf Attorney General Certification 4/25/2018    
red ball Governor's Review Memo 7/5/2018   
pdf Emergency Extension Request Requested on 12/11/2019   (Approved on 2/19/2020)  

Public Hearing Will be held at the proposed stage
Emergency Authority This action is brought under Code of Virginia 2.2-4011(A).
Exempt from APA No, this stage/action is subject to article 2 of the Administrative Process Act and the standard executive branch review process.
Attorney General Review Submitted to OAG: 4/16/2018
Review Completed: 4/25/2018
Result: Certified
DPB Review Submitted on 4/25/2018
Review Completed: 4/26/2018
DPB's policy memo is "Governor's Confidential Working Papers"
Secretary Review Secretary of Health and Human Resources Review Completed: 5/9/2018
Governor's Review Review Completed: 7/5/2018
Result: Approved
Virginia Registrar Submitted on 7/12/2018
The Virginia Register of Regulations
Publication Date: 8/6/2018    Volume: 34  Issue: 25
Comment Period Ended 9/5/2018
Effective Date 9/1/2018
Expiration Date 2/29/2020

The expiration date for this emergency regulation has been extended until 8/28/2020
Contact Information
Name / Title: Emily Bowles  / Legal Coordinator, Office of Licensing
Address: 1220 Bank Street
P.O. Box 1797
Richmond, VA 23218
Email Address:
Telephone: (804)225-3281    FAX: (804)692-0066    TDD: (804)371-8977
This person is the primary contact for this chapter.

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Action 5040:
Compliance with Virginia’s Settlement Agreement with US DOJ
Stages associated with this regulatory action.
Stage Type Status
Emergency/NOIRA   (8262) Stage complete. Emergency regulation was set to expire on 02/29/2020 and has been extended until 08/28/2020.
Proposed   (8546) Stage complete. Comment period ended 01/10/2020.
Final   (8928) Submitted to the Registrar and awaiting publication (06/22/2020).
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Place On Hold Pending External Action
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A stage can be placed "On Hold" only once. When there are major issues with a stage, please consider asking the agency to withdraw the stage and submit a new stage when it is ready for review.