Virginia Regulatory Town Hall

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Model Public Participation Guidelines
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17VAC15-10

CHAPTER 10
GUIDELINES GOVERNING PUBLIC PARTICIPATION (REPEALED.)

17VAC15-10-10

17VAC15-10-10. Guidelines. (Repealed.)

The following guidelines are issued by the Virginia State Library to encourage public participation in the development and promulgation of library regulations. They will be used by the library in making substantial changes subject to the Administrative Process Act (APA) as amended by Chapter 5 of the 1984 General Assembly, or when the regulations enabling legislation specifically requires a hearing.

There are several groups of individuals that use the State Library or express interest in the affairs of the library on a regular basis. For the purpose of identifying these individuals, the State Library identifies as "interested parties" the following classifications of individuals residing in the Commonwealth: librarians, archivists, genealogists, historians, records managers, elected and appointed officials of state and local government, and the general public. Owing to the diversified rules and regulations that govern the affairs of the State Library, it is the intention of the State Library to notify the general public, through the media, of agency actions subject to the APA. The library will exercise discretion in determining what other "interested parties" to contact subject to the nature of the action under consideration.

A. Public participation guidelines.

1. Methods for the identification and notification of interested parties.

a. The library shall assemble and utilize mailing lists of persons who have expressed an interest in the library's regulatory activities through participation in regulatory hearings, correspondence, or other activities with the agency.

b. Examples of the above include:

Department of Education, Superintendent

Library Directors (public and academic libraries)

Public Library Board Chairmen

Secretary of Education, Virginia

Special Library Association, Virginia Chapter, President

State and Local Historical Societies, Presidents

State Council of Higher Education, Director

Virginia Educational Media Association, President

Virginia Genealogical Society, President

c. The library may advertise in the State Library newsletter; use trade and professional associations mailings; seek public interest group publications, and post announcements in general circulation newspapers.

d. Examples of the above include:

Newsletters of:

Old Dominion Chapter, AIIM

Special Library Association, Virginia Chapter

Virginia Association of Counties

Virginia Educational Media Association

Virginia Foundation for the Humanities

Virginia Library Association

Virginia Municipal League

Virginia State Bar

Richmond Times-Dispatch

2. Methods for seeking input from interested persons or groups. The library shall request the input of interested persons in writing and/or at a public hearing through the use of these methods listed under subsection A 1.

3. Provisions for the use of ad hoc panels and outside consultation.

a. The library may use, whenever appropriate, standing or ad hoc panels, and consider consultation with groups registering interest in working with the agency.

b. Examples of the above include:

Executive Board, Virginia Library Association

Historical Records Advisory Board

Public Records Advisory Committee, Subcommittees

State Advisory Council on Libraries (LSCA)

State Networking Advisory Committee

Virginia Association of Surveyors, Subcommittees

Virginia Circuit Court Clerks Association.

B. Notice of public comment period.

1. Notice of intent. Whenever possible the library shall publish a "Notice of Intent" to develop regulations in the Virginia Register of Regulations. This period, of at least 30 days, shall precede the "Notice of Comment Period."

2. Notice of comment period. Sixty days prior to the public hearing the State Library will publish a "Notice of Comment Period" in the Virginia Register of Regulations, a newspaper in the state capital area (action taken by the Registrar) and any other source the agency may deem appropriate under subsection A b.

3. Notice of public hearing. Two weeks prior to the publication of the "Notice of Comment Period" the library shall submit to the Registrar a transmittal sheet indicating a statement of the date, time and place of the public hearing, if applicable under the title "Notice of Public Hearing." The library will coordinate with the Registrar for publication in sources deemed appropriate.

C. General instructions and format.

1. Virginia Register, Form and Style Manual.

2. This manual has been prepared for and is intended for use by agency personnel in the preparation of regulations promulgated under the Virginia Administrative Process Act (APA). It has been designed to assist such personnel in meeting their responsibilities and establishes the guidelines and procedures to be used in complying with the Virginia Register of Regulations, provisions of the APA. The manual is issued by the Virginia Code Commission under the authority of § 9-6.20 of the Code of Virginia.

The requirements of this manual apply to all administrative agencies. It establishes the mechanism by which agencies will report information concerning regulatory actions under development or review.

Statutory Authority

§§ 9-6.14:7.1 and 42.1-8 of the Code of Virginia.

Historical Notes

Derived from VR440-01-01 § 1, eff. October 1, 1985; repealed Volume 25, Issue 5, eff. December 10, 2008.

17VAC15-11

CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES

17VAC15-11-10

Part I
Purpose and Definitions

17VAC15-11-10. Purpose.

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Library of Virginia (Library Board). 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 42.1-8 of the Code of Virginia.

Historical Notes

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

17VAC15-11-20

17VAC15-11-20. 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 Library of Virginia (Library Board), 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 42.1-8 of the Code of Virginia.

Historical Notes

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

17VAC15-11-30

Part II
Notification of Interested Persons

17VAC15-11-30. 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 42.1-8 of the Code of Virginia.

Historical Notes

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

17VAC15-11-40

17VAC15-11-40. 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 17VAC15-11-30, 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 42.1-8 of the Code of Virginia.

Historical Notes

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

17VAC15-11-50

Part III
Public Participation Procedures

17VAC15-11-50. 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 42.1-8 of the Code of Virginia.

Historical Notes

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

17VAC15-11-60

17VAC15-11-60. 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 42.1-8 of the Code of Virginia.

Historical Notes

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

17VAC15-11-70

17VAC15-11-70. 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 42.1-8 of the Code of Virginia.

Historical Notes

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

17VAC15-11-80

17VAC15-11-80. 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 42.1-8 of the Code of Virginia.

Historical Notes

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

17VAC15-11-90

17VAC15-11-90. 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 42.1-8 of the Code of Virginia.

Historical Notes

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

17VAC15-11-100

17VAC15-11-100. 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 42.1-8 of the Code of Virginia.

Historical Notes

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

17VAC15-11-110

17VAC15-11-110. 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 42.1-8 of the Code of Virginia.

Historical Notes

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