It was certainly no secret these proposed amendments began as a fast-track process, and were first promulgated in 2012. What's not as well known was the Board's language for this "proposed text" was adopted over 4 years and 2 months ago on December 2, 2009. These proposed regulation changes apparently weren't all that urgent or significant given the amendments weren't submitted to the Virginia Registrar until September 13, 2012.

As submitted, this rule-making was expected to be noncontroversial. By the close of the public comment period these changes were objected to, with 10 or more objections:

Overall, there were 22 comments received from the public, many of which objected to using the fast track process for making changes to the Board's regulations.  Because of the number of objections, the fast-track process was converted to the standard rule-making process.

Pursuant to the Virginia Administrative Process Act (APA), Executive Orders 14 (2010) and 58 (1999), and the Virginia Register Form, Style, and Procedure Manual, an agency typically responds to comments received during the public comment period. Executive Order No. 14 (2010) specifically states,

"Agencies shall establish procedures that provide for a timely written response to all comments and the inclusion of suggested changes that would improve the quality of the regulation."

Therefore, after the fast-track process, when was the public provided with a proper summary of the comments received, along with the agency's response?

In addition, how necessary or accurate is the proposed language now, given the Agency/Board made little effort to address the comments received during the original fast-track process? Is it possible that the Board's current effort to seek less restrictive license definitions and requirements is being pursued to a fault?