Agencies | Governor
Virginia Regulatory Town Hall

Final Text

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Action:
Revising agency public participation guidelines
Stage: Final
 
22VAC30-10-10

22VAC30-10-10. General information.

These regulations provide guidelines to inform the public of, and involve interested parties in, the development, promulgation, amendment, and periodic review of regulations of the Department of Rehabilitative Services. The guidelines do not apply to regulations exempted or excluded from the provisions of §9-6.14:4.1 the Administrative Process Act (§2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§§2.2-4007 §§2.2-4007.02 and 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR 595-00-1 §1, eff. November 1, 1984; amended, Virginia Register Volume 13, Issue 13, eff. April 16, 1997; Volume 24, Issue 22, eff. August 8, 2008.

22VAC30-10-20

22VAC30-10-20. Identification and notification of interested parties.

A. The commissioner shall create and maintain a list or lists of parties (individuals and entities) to be notified of an intended regulatory action (such as regulation development or amendment) and invited to participate. The commissioner may maintain a general list or individual lists based on specific regulatory issues, proposals or actions.

B. Any person or entity may request to be placed on the list by contacting the commissioner or may register on the Virginia Regulatory Town Hall.

C. The list shall include, but is not limited to, parties individuals or entities who:

1. Request that the commissioner place their name names on the list. ; or

2. Petition the department for rulemaking.

D. The commissioner may add to the list parties individuals or entities likely to be interested in, regulated by, or otherwise affected by the proposed regulatory action.

E. The commissioner shall periodically update the list. Updating the list shall include, but is not limited to, annually publishing in the Virginia Register (an official state publication issued biweekly by the Virginia Code Commission, which is available to the public on the Internet or by subscription or individual issue through the Registrar of Regulations) a notice requesting that any individual or entity wishing to be notified of, or be involved in, the development, promulgation, or amendment of department regulations notify the commissioner or register on the Virginia Regulatory Town Hall website. The commissioner may purge entries on the list when the individual or entity requests to be removed from the list, when either regular or electronic notice is returned or undeliverable, or there has been no response to the request from the commissioner. In addition, the commissioner may use other methods to periodically purge (with prior notification) and update the list.

F. The At the appropriate stage of the regulatory process, the commissioner shall notify the parties on the list of the intended regulatory action and comment period and invite them to participate mail or have electronically transmitted the following documents or notification of how to access the documents: Notice of Intended Regulatory Action; notice of comment period and public hearings, along with, at the proposed stage, a copy of the proposed regulation; a copy of the final regulation adopted by the department; anda ] notice soliciting comments on a final regulation if the regulatory process has been extended. The commissioner shall post the documents on the Virginia Regulatory Town Hall. When the commissioner determines a specific regulation is subject to the Administrative Process Act (§2.2-4000 et seq. of the Code of Virginia), the commissioner shall also and ] publish the documents in the Virginia Register. For any meeting of a department advisory body where it is anticipated that development or review of a regulation will occur, advance notice of the meeting and title of the regulation shall be published in the Virginia Register and on the Virginia Regulatory Town Hall.

G. Failure of any person or entity to receive any notice or any copies of documents provided under these guidelines shall not affect the validity of any regulation otherwise properly adopted under the Administrative Process Act (§2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§§2.2-4007 §§2.2-4007.02 and 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR 595-00-1 §2, eff. November 1, 1984; amended, Virginia Register Volume 13, Issue 13, eff. April 16, 1997; Volume 24, Issue 22, eff. August 8, 2008.

22VAC30-10-40

22VAC30-10-40. Role of interested parties, advisory bodies, ad hoc committee.

A. Activities in which the commissioner may involve parties indicating a desire to participate in rulemaking, a standing advisory body, or ad hoc committee include, but are not limited to:

1. Assisting with the preparation of draft amendments or proposed regulations,

2. Reviewing and commenting on draft amendments or proposed regulations, or

3. Assisting with the periodic review of regulations and recommending appropriate regulatory action.

B. In developing any regulation, the department shall afford interested individuals and entities an opportunity to submit data, views, and arguments, either orally or in writing or by electronic means, to the department or its specially designated subordinate. Prior to or during any such opportunity the agency department may, at its discretion, begin drafting the proposed regulation. Subject to the provisions of §9-6.14:7.1 §2.2-4007.02 of the Code of Virginia, the commissioner may elect to conduct a public hearing.

C. The department shall consider all input received within the established comment period deadline.

Statutory Authority

§§2.2-4007 §§2.2-4007.02 and 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR 595-00-1 §4, eff. November 1, 1984; amended, Virginia Register Volume 13, Issue 13, eff. April 16, 1997; Volume 24, Issue 22, eff. August 8, 2008.

22VAC30-10-50

22VAC30-10-50. Petition requirements.

A. As provided for under §9-6.14:7.1 §2.2-4007 of the Code of Virginia, any person may petition the commissioner to develop a new regulation or amend an existing regulation. A petition for rulemaking shall include, but is not limited to, the following:

1. The petitioner's name, mailing address, telephone number, facsimile and email address if available and, if applicable, the name of the group represented in the petition,

2. The number or title of the regulation to be addressed,

3. A description of the regulatory problem, action, or issue to be addressed, and

4. A recommended addition, deletion, or amendment to the regulation.

B. The commissioner shall consider the petition and decide whether to initiate rulemaking in response to the petition. The commissioner shall communicate the decision and grounds for the decision to the petitioner as required under §9-6.14:7.1 §2.2-4007 of the Code of Virginia. The department shall have the sole authority to dispose of the petition.

C. Nothing herein shall prohibit the commissioner from receiving information from the public and proceeding with the commissioner's own motion for rulemaking.

Statutory Authority

§§2.2-4007 and 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR 595-00-1 §5, eff. November 1, 1984; amended, Virginia Register Volume 13, Issue 13, eff. April 16, 1997; Volume 24, Issue 22, eff. August 8, 2008.