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Virginia Regulatory Town Hall

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Action:
Promulgate Model Public Participation Guidelines
Stage: Final
11VAC10-10

CHAPTER 10
PUBLIC PARTICIPATION GUIDELINES (REPEALED)

11VAC10-10-10

11VAC10-10-10. Generally. (Repealed.)

A. Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia became effective on January 1, 1989, and vested the Virginia Racing Commission ("commission") with control of all horse racing with pari-mutuel wagering in the Commonwealth. Section 59.1-369 of the Code of Virginia authorizes the commission to promulgate regulations and conditions under which horse racing with pari-mutuel wagering shall be conducted in the Commonwealth.

B. These public participation guidelines shall apply to all regulations subject to the Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia) which are administered by the commission. These guidelines shall not apply to regulations adopted on an emergency basis.

C. In developing any regulation governing horse racing and pari-mutuel wagering, the commission is committed to obtaining comments from interested people. The commission intends to involve all interested parties in the development of those regulations.

D. Anyone who is interested in participating in the process of developing regulations should notify the commission in writing. This notification should be sent to the commission's main business office.

1. The commission will maintain a list of the people who notified the commission in writing.

2. The commission will mail to everyone on the list a copy of the Notice of Intended Regulatory Action discussed in 11VAC10-10-40 of this chapter.

E. The commission shall place on its agenda, whenever appropriate, a period for public participation during its regular meetings.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-01-01 § 1, eff. November 8, 1989; amended, Virginia Register Volume 10, Issue 11, eff. March 23, 1994; repealed Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-10-20

11VAC10-10-20. Identification of needed regulations. (Repealed.)

A. Any person may petition the commission to request the development of a new regulation or amendment to an existing regulation. The commission upon receiving the petition shall receive, consider, and respond to the petition within 180 days. The commission's decision to initiate or not initiate rulemaking in response to petitions is not subject to judicial review. Requests should be sent to: Chairman, Virginia Racing Commission, P.O. Box 1123, Richmond, VA 23218.

B. The commission, at its discretion, may consider any regulatory request or change.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-01-01 § 2, eff. November 8, 1989; amended, Virginia Register Volume 10, Issue 11, eff. March 23, 1994; repealed Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-10-30

11VAC10-10-30. Identification of interested parties. (Repealed.)

Before the commission develops a regulation, it will identify persons who either would be interested in or affected by the proposal. The methods for identifying interested parties shall include, but not be limited to, the following:

1. Obtaining the statewide listing of business, professional and civic associations published by the Virginia Chamber of Commerce. This list will be used to identify groups which might be interested in the regulation.

2. Using commission files to identify people who have raised questions or expressed an interest in the regulations.

3. Using a list, compiled by the commission, of persons who previously participated in public proceedings.

4. Obtaining from the Secretary of the Commonwealth a list of all persons, associations and others who have registered as lobbyists for the most recent General Assembly session. This list will be used to identify groups which may be interested in the subject matter of the proposed regulation.

5. The commission shall appoint a standing advisory panel which shall be consulted and requested to provide input to the commission regarding the formation and development of each of its regulations. The standing advisory panel shall consist of at least one representative from each of the following: the Virginia Thoroughbred Association, the Virginia Standardbred Association, the Virginia Arabian Racing Association, the Virginia Quarter Horse Association, the Virginia Steeplechase Association, the Association of Racing Commissioners International, and the Jockeys' Guild, together with at least one veterinarian, one attorney, and one accountant who possess expertise in their respective disciplines which is related to the breeding and racing of horses.

6. In addition to the standing advisory panel, the commission, in its discretion, may appoint and make use of ad hoc advisory panels to assist it in the formation and development of regulations whenever the commission considers the subject of such regulations to be outside the expertise of the members of its standing advisory panel or that some additional special expertise would be helpful in the formulation and development of such regulations, e.g., regulations regarding electronic data processing or satellite communications.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-01-01 § 3, eff. November 8, 1989; amended, Virginia Register Volume 10, Issue 11, eff. March 23, 1994; repealed Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-10-40

11VAC10-10-40. Notification of interested parties. (Repealed.)

A. In the case of all regulations, except those regulations exempted by § 9-6.14:4.1 of the Code of Virginia, the commission shall provide the Registrar of Regulations with a Notice of Intended Regulatory Action which describes the subject matter and intent of the planned regulation. At least 30 days shall be provided for public comment after publication of the Notice of Intended Regulatory Action. The commission shall not file proposed regulations with the Registrar until the public comment period on the Notice of Intended Regulatory Action has closed.

B. The methods for notifying interested persons shall include publishing the notice in the Virginia Register of Regulations (Virginia Register) and also may include the following:

1. Sending the notice to all persons identified as interested parties through the methods described in 11VAC10-10-30; and

2. Requesting that groups, associations, and organizations to whom the notice is sent publish the notice in newsletters or journals or use other means available to them to inform their members.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-01-01 § 4, eff. November 8, 1989; amended, Virginia Register Volume 10, Issue 11, eff. March 23, 1994; repealed Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-10-50

11VAC10-10-50. Public participation in regulation development; initial comment; preparing a proposed regulation. (Repealed.)

A. After interested parties have responded to the notice, the commission will determine the level of interest.

1. If sufficient interest exists, and if time permits, the commission may schedule informal meetings before the development of the proposed regulation. The meetings will determine the specific areas of interest and concern and will gather factual information on the subject of the regulation.

2. Instead of informal meetings, the commission may ask for additional written comments, concerns or suggestions on the development of the regulation from those who responded to the notice.

3. The commission may decide that the notice resulted in receipt of enough information so that it can develop the proposed regulation without either an informal meeting or additional written comments.

B. After the initial public input on the intended regulatory action, the commission will develop a proposed regulation for review, revision and adoption.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-01-01 § 5, eff. November 8, 1989; amended, Virginia Register Volume 10, Issue 11, eff. March 23, 1994; repealed Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-10-60

11VAC10-10-60. Submission of regulation under the Administrative Process Act. (Repealed.)

A. After the drafting process ends, the commission-approved regulation will be submitted to the Registrar of Regulations under the Administrative Process Act (APA), Chapter 1.1:1 (§ 9-6.14:1 et seq.) of Title 9 of the Code of Virginia. The commission-approved regulation will be published as a proposed regulation in the Virginia Register.

B. The commission will furnish a copy of the regulation published in the Virginia Register to persons who make such a request. A copy of the "Notice of Comment Period" form may be sent with the copy of the regulation.

C. The commission shall state in the Notice of Intended Regulatory Action whether it intends to hold a public hearing on the proposed regulation after it is published. The commission shall hold such public hearings if required by basic law. If the commission states an intent to hold a public hearing on the proposed regulation in the Notice of Intended Regulatory Action, then it shall hold the hearing. If the commission states in its Notice of Intended Regulatory Action that it does not plan to hold a hearing on the proposed regulation, then no public hearing is required unless, prior to completion of the comment period specified in the Notice of Intended Regulatory Action: (i) the Governor directs that the commission shall hold a public hearing or (ii) the commission receives requests for a public hearing from 25 persons or more.

D. When the commission issues an order adopting a regulation, it may elect to send a notice to people who participated in the APA comment process. The notice will state that the regulation will be published in the Virginia Register and will specify the issue number.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-01-01 § 6, eff. November 8, 1989; amended, Virginia Register Volume 10, Issue 11, eff. March 23, 1994; repealed Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-10-70

11VAC10-10-70. Publication and distribution of final regulation. (Repealed.)

A. The commission will adopt all final regulations. The final regulations will be submitted for publication in the Virginia Register.

B. The commission will order the printing of all adopted final regulations and make appropriate distribution.

C. The distribution of any regulation will be made with a goal of increasing public knowledge of the policies of the commission and compliance with the commission's regulations.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-01-01 § 7, eff. November 8, 1989; amended, Virginia Register Volume 10, Issue 11, eff. March 23, 1994; repealed Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-11

CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES

11VAC10-11-10

Part I
Purpose and Definitions

11VAC10-11-10. Purpose.

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Virginia Racing Commission. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§§ 2.2-4007.02 and 59.1-369 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-11-20

11VAC10-11-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Virginia Racing Commission, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

Statutory Authority

§§ 2.2-4007.02 and 59.1-369 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-11-30

Part II
Notification of Interested Persons

11VAC10-11-30. Notification list.

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

Statutory Authority

§§ 2.2-4007.02 and 59.1-369 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-11-40

11VAC10-11-40. Information to be sent to persons on the notification list.

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 11VAC10-11-30, the agency shall send the following information:

1. A notice of intended regulatory action (NOIRA).

2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

Statutory Authority

§§ 2.2-4007.02 and 59.1-369 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-11-50

Part III
Public Participation Procedures

11VAC10-11-50. Public comment.

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

2. For a minimum of 60 calendar days following the publication of a proposed regulation.

3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

Statutory Authority

§§ 2.2-4007.02 and 59.1-369 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-11-60

11VAC10-11-60. Petition for rulemaking.

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

1. The petitioner's name and contact information;

2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

Statutory Authority

§§ 2.2-4007.02 and 59.1-369 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-11-70

11VAC10-11-70. Appointment of regulatory advisory panel.

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

Statutory Authority

§§ 2.2-4007.02 and 59.1-369 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-11-80

11VAC10-11-80. Appointment of negotiated rulemaking panel.

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

1. There is no longer controversy associated with the development of the regulation;

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

3. The agency determines that resolution of a controversy is unlikely.

Statutory Authority

§§ 2.2-4007.02 and 59.1-369 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-11-90

11VAC10-11-90. Meetings.

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

Statutory Authority

§§ 2.2-4007.02 and 59.1-369 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-11-100

11VAC10-11-100. Public hearings on regulations.

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

1. The agency's basic law requires the agency to hold a public hearing;

2. The Governor directs the agency to hold a public hearing; or

3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

Statutory Authority

§§ 2.2-4007.02 and 59.1-369 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

11VAC10-11-110

11VAC10-11-110. Periodic review of regulations.

A. The agency shall conduct a periodic review of its regulations consistent with:

1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

Statutory Authority

§§ 2.2-4007.02 and 59.1-369 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.