Virginia Regulatory Town Hall
Agency
Commission on the Virginia Alcohol Safety Action Program
 
Board
Commission on the Virginia Alcohol Safety Action Program
 
chapter
VASAP Case Management Policy and Procedure Manual [24 VAC 35 ‑ 30]
Action Repeal of 24VAC35-30 VASAP Case Management Policy and Procedure Manual
Stage NOIRA
Comment Period Ended on 12/8/2021
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12/8/21  11:42 pm
Commenter: Cynthia Hites, Virginia Ignition Interlock Forum

Vehemently Opposed to Repealing VASAP's Administrative Standards
 

VASAP has been allowed to create a separate penalty system within the framework of a mandated punishment.

VASAP policy dictates any failed IID reading, including a false positive, constitutes an alcohol related violation of the interlock requirement. Instead of being allowed to present evidence of innocence, VASAP unsurps the court system and takes on a judicial role by restarting or extending clients' IID time requirements.
On July 1, 2021 the removal of the ignition interlock performance standard set by 24VAC35-60-70, F, went into effect.  In 2020 VASAP acknowledged  the devices in use in Virginia are not alcohol specific, as they were contracted to be. Instead of dropping the requirment for the fuel cell, VASAP literally removed the standard of IID functionality. VASAP now understands it's *expected* the IIDs will detect many compounds other than C2H6O, resulting in false positives.
By repealing 24VAC35-30-150, in an equally brazen display of authoritarian power, VASAP is choosing to drop the administrative standards contained therein, which also cannot be met. 
24VAC35-30-150 is in place to protect the citizens enrolled in the VASAP program.
What's going on is actually a three armed racketeering operation involving VASAP, ASAPs and the IID companies. By dissolving every last regulation and rule, VASAP is shredding any protection from malfeasance Virginians ever had.
The culture of ASAP violation delay coupled with the fact ASAPs are levying accusations without allowing people to defend themselves, is against our nation's Constitution. VASAP is operating in the vein of dictatorship.
In my last public comment, I referred to the Commisioners as "spineless", which was quite denigrating and I'm very sorry. I don't think they're spineless; they honestly don't understand what's going on. The Commissioners cannot possibly grasp the totality of this situation, because I believe if they did, they'd try to rectify it. They think i'm just complaining, and that's not the case. 
Commissioners, you are allowing to operate an unconstitutional system of accusation and punishment without affording people an opportunity to defend themselves against said accusations. The only people making it to court are those who have already given their pound of flesh. 
Here's what's up. The administrative overburden of criminalizing the IID readings will always be too great. 24VAC35-30-150 gives ASAP workers 5 days to notify clients and the court. There are too many failed readings to keep up with - the workload would be astronomical if ASAP obeyed the rules so they streamline it using violation delay and violation hoarding (they file with the court en masse instead of following the 5 day rule) As I pointed out via petition 290, there is a system of "violation delay" that is the modus operandi of the ASAPs. The ASAP case managers systemically disregard the law and wait until the end of people's' sentences to notify them, causing hundreds more in fees. $20 is funneled to VASAP from each incentivized calibration and the ill-gotten revenue is then kept. It's shady. It's insidious, it's unethical. Its organized crime. And it's happening every day in Virginia.  
Repealing this statute will leave citizens even more vulnerable to the injustices of this wholly fraudulent system of noble cause corruption.
 
CommentID: 116899
 

12/8/21  11:57 pm
Commenter: Dave

Why repeal a law in favor of a policy?
 

The laws as currently written support the rights of Virginians. Repealing the statutes is a disservice to all ASAP interlock clients. The law currently only allows ASAP case managers five business days to report a suspected violation to the court and to the offender. Repealing these statutes also dissolves that requirement, giving case managers unlimited time in which to file a court case for a suspected violation. Policy should never override law.

CommentID: 116900