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Model Public Participation Guidelines
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22VAC30-10

CHAPTER 10
PUBLIC PARTICIPATION GUIDELINES (REPEALED)

22VAC30-10-10

22VAC30-10-10. General information.(Repealed.)

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 the Administrative Process Act (§2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§§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 August 8, 2008; repealed, Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-10-20

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 (Repealed.)

A. The commissioner shall create and maintain a list or lists of 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, individuals or entities who:

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

2. Petition the department for rulemaking.

D. The commissioner may add to the list 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. At the appropriate stage of the regulatory process, the commissioner shall 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; and a 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 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

§§2.2-4007.02 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; repealed, Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-10-40

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 Role of interested parties, advisory bodies, ad hoc committee.(Repealed.)

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 department may, at its discretion, begin drafting the proposed regulation. Subject to the provisions of §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

§§2.2-4007.02 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; repealed, Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-10-50

22VAC30-10-50. Petition requirements.(Repealed.)

A. As provided for under §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 §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; repealed, Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-10-60

22VAC30-10-60. Review of regulations. (Repealed.)

A. Events which may trigger a departmental review of a regulation include, but are not limited to, the following:

1. Established review date, if any, for the regulation occurs.

2. Federal governmental entity issues a final regulation or policy directive which impacts the department regulation.

3. Federal or state laws which impact the department regulation are adopted, amended, or repealed.

4. A change in the approved state plan, which impacts the department regulation, is made.

B. Depending on the nature and scope of the regulation and purpose of the review, the commissioner may conduct an internal review, consult standing advisory bodies, appoint an ad hoc committee, solicit public participation or public comment, conduct or give interested parties an opportunity to participate in a public evidential hearing or informational proceeding, or employ some other method in the review process.

C. The review may be conducted separately or in conjunction with another activity.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 13, Issue 13, eff. April 16, 1997; repealed, Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11

CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES

22VAC30-11-10

Part I
Purpose and Definitions

22VAC30-11-10. Purpose.

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Rehabilitative Services. 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 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-20

22VAC30-11-20. 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 Department of Rehabilitative Services, 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 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-30

Part II
Notification of Interested Persons

22VAC30-11-30. 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 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-40

22VAC30-11-40. 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 22VAC30-11-30, 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 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-50

Part III
Public Participation Procedures

22VAC30-11-50. 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 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-60

22VAC30-11-60. 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 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-70

22VAC30-11-70. 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 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-80

22VAC30-11-80. 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 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-90

22VAC30-11-90. 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 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-100

22VAC30-11-100. 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 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

22VAC30-11-110

22VAC30-11-110. 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 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.