CHAPTER 10
GUIDELINES FOR PUBLIC PARTICIPATION IN DEVELOPING REGULATIONS (REPEALED)

Part I
General Information

Article 1
Definitions

12VAC20-10-10. Definitions. (Repealed.)

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

"Department" means the Virginia Department of Health.

"Developmental process" means those activities with respect to a particular chapter occurring between the Planning Board's dissemination of a notice of intent on that chapter and either its release of the proposed new or modified chapter for public comment or its decision not to take the regulatory action described in that notice.

"Notice of intent" means a Notice of Intended Regulatory Action as set forth in Form RR01 of the Virginia Code Commission.

"Planning Board" means the Virginia Health Planning Board.

"Regional agency" means a regional health planning agency as defined in § 32.1-122.01 of the Code of Virginia.

Article 2
Background, Authority, and Applicability

12VAC20-10-20. Background. (Repealed.)

The Planning Board was created in 1989 to supervise and provide leadership for the statewide health planning system; to provide technical expertise in the development of state health policy; to receive data and information from the regional agencies and consider regional planning interests in its deliberations; to review and assess critical health care issues; and to make recommendations to the Secretary of Health and Human Resources of the Commonwealth of Virginia, the Governor, and the General Assembly concerning health policy, legislation, and resource allocation. The department provides principal staff and administrative support services to the Planning Board.

12VAC20-10-30. Authority. (Repealed.)

In addition to its general duties and responsibilities, the Planning Board is required by § 32.1-122.02 C of the Code of Virginia to promulgate such chapters as may be necessary to effectuate the purposes of Article 4.1 (§ 32.1-122.01 et seq.) of Chapter 4 of Title 32.1 of the Code of Virginia including, but not limited to, the designation of health planning regions, the designation of regional agencies, and the composition and method of appointment of members of regional health planning boards.

As required by § 9-6.14:7.1 A of the Code of Virginia, these guidelines set forth the process by which the Planning Board shall solicit the input of interested parties in the formation and development of its chapters.

12VAC20-10-40. Applicability. (Repealed.)

These guidelines apply to all chapters promulgated by the Planning Board except for emergency chapters adopted in accordance with § 9-6.14:9 of the Code of Virginia and such chapters as may be otherwise excluded from the operation of Article 2 (§ 9-6.14:7.1 et seq.) of the Administrative Process Act pursuant to § 9-6.14:4.1 C of the Code of Virginia.

Part II
Guidelines for Public Participation

Article 1
Identification of Interested Parties

12VAC20-10-50. Interested parties list. (Repealed.)

The department shall prepare and maintain a list of parties who have demonstrated an interest in the Planning Board's regulations. Such list shall include, but not be limited to, the chief executive officer of each regional agency.

12VAC20-10-60. Updating of list. (Repealed.)

Periodically, but not less than once each biennium, the department shall publish in the Virginia Register a notice requesting that any party interested in participating in the Planning Board's development of regulations so notify the department. Respondents to such notices shall be incorporated within the interested parties list; in addition, the department may at any time revise that list based upon other information regarding parties desiring inclusion or evidence that they are no longer interested.

Article 2
Notifications to Interested Parties

12VAC20-10-70. Preparation of notice. (Repealed.)

When the Planning Board determines that specific regulations within its purview need to be created or modified it shall execute a notice of intent, and may include in that notice the date by which the Planning Board must be advised of any party interested in participating in the developmental process regarding the specified regulations.

12VAC20-10-80. Dissemination of notice. (Repealed.)

The notice of intent shall be published in the Virginia Register and shall be sent to each party then on the interested parties list. It may also be published in such newspapers of general circulation in Virginia as deemed appropriate by the Planning Board.

Article 3
Soliciting Input From Interested Parties

12VAC20-10-90. Use of input received. (Repealed.)

Information received through the developmental process is intended to assist the Planning Board in determining what, if any, proposed regulatory material it will offer for public comment. Failure of any party to receive information during the developmental process or to participate in that process for any reason shall not affect the validity of any regulations otherwise properly adopted under the Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia). The Planning Board has sole discretion over the use of any input received.

12VAC20-10-100. Advisory panels. (Repealed.)

Upon its review of responses to a notice of intent, the Planning Board may choose to form one or more advisory panels from among those respondents and others for the specific, limited purpose of assisting it during the relevant developmental process. There shall be at least three and no more than seven members on any such advisory panel. In the interest of stimulating open participation by advisory panel members, there shall be no official transcript of those panel meetings; however, minutes shall be recorded as required by the Virginia Freedom of Information Act (§ 2.1-340 et seq. of the Code of Virginia).

12VAC20-10-110. Other input. (Repealed.)

Each respondent to a notice of intent who indicates a desire to participate in the developmental process for the specified regulations shall be provided a copy of any relevant draft materials prepared by the Planning Board's staff for review by the Planning Board or its designated committee during that process. They shall be invited to forward written comments within a specified time period from the date of the material's dissemination. The Planning Board may establish and charge reasonable fees to cover duplication and distribution expenses attributable to the dissemination of such materials to persons who are not members of the Planning Board or its staff.

Article 4
Additional Opportunities for Public Input

12VAC20-10-120. Administrative Process Act procedures. (Repealed.)

After proposed regulations have been developed by the Planning Board in accordance with these guidelines, they shall be submitted for public comment and adoption in final form in accordance with the Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia). Prior to its consideration for adoption, the Planning Board shall be provided a summary description of the nature of the oral and written data, views, or arguments presented during the public comment period. This may include written or oral responses of the department and may also include the department's recommendations for changes.

12VAC20-10-130. Petitions for regulatory action. (Repealed.)

Notwithstanding the public's right to bring regulatory issues or other matters to the attention of any member of the Planning Board, any interested person may at any time formally petition the Planning Board with respect to reconsideration or revision of existing regulations or the development of new regulations. The petition must be submitted in writing to the chairman of the Planning Board, who shall arrange for distribution to the Planning Board. The chairman shall advise the petitioner of any formal action taken by the Planning Board thereon.