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Model Public Participation Guidelines
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10/2/08  3:56 PM
 
24VAC22-10

CHAPTER 10
PUBLIC PARTICIPATION GUIDELINES
(Repealed.)

24VAC22-10-10

Part I
General Purpose

24VAC22-10-10. General purpose.

In developing any regulation it proposes, the Motor Vehicle Dealer Board (board) is committed to soliciting input and comment from interested citizens, professional associations, and industry representatives. Such input and participation will be actively solicited by the board pursuant to the Administrative Process Act, Chapter 1.1:1 (§9-6.14:1 et seq.) of Title 9 of the Code of Virginia.

Any person who is interested in participating in the regulation development process should notify the board in writing. Such notification of interest should be sent to the Executive Director, Motor Vehicle Dealer Board.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-20

Part II
Identification of Interested Parties

24VAC22-10-20. Identification of interested parties.

Prior to the development of any regulation, the board will identify persons whom it feels would be interested or affected by the proposal. The methods for identifying interested parties will include, but not be limited to, the following:

1. Obtain annually from the Secretary of the Commonwealth a list of all persons, groups, associations and others who have registered as lobbyists for the annual General Assembly session.

2. Identify industry and professional associations from the statewide listing of business, professional, civic and charitable associations and societies in Virginia published by the Virginia Chamber of Commerce.

3. Utilize internal mailing lists of persons, organizations, groups, and agencies that have expressed an interest in advising and assisting in the development of regulations. Also utilize lists of those who have previously raised questions or expressed an interest in the subject matter under consideration pursuant to 24VAC22-10-10, or through requests for formal rulings or administrative appeals. At the discretion of the executive director, these lists may be maintained on a program-specific basis or be of a general-interest basis. These lists will be updated on a regular basis to include any new interested parties.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-30

Part III
Notification of Interested Parties

24VAC22-10-30. Generally.

The board will prepare a Notice of Intended Regulatory Action (Form RR01) ("notice") prior to the development of any regulation. The notice will identify the subject matter and purpose for the development of the new regulation or regulations. The notice will state that the board plans to hold a public hearing on the proposed regulation after the proposed regulation is published. It also will state the statutory authority under which they are promulgated, and will specify a time deadline for receipt of responses from persons interested in participating in the development process. The name, address, and telephone number of an agency contact will be included in the notice.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-40

24VAC22-10-40. Dissemination of notice.

The methods for disseminating the notice to the public will include, but not be limited to, the following:

1. Send notice to individuals or groups identified in 24VAC22-10-20 as interested or potentially affected parties.

2. Publish the notice in the Virginia Register of Regulations.

3. Request that industry, professional associations, and other groups to whom the notice is sent publish such notice in newsletters or journals or use any other means available to them to disseminate the notice to their memberships.

4. Invite participation from the general public through the publication of a Notice of Intent in a newspaper of general circulation published in the state capital and, if necessary, in other general circulation newspapers.

5. The notification process delineated in this section does not apply to emergency regulations, which are excluded from the operation of Article 2 (§9-6.14:7.1 et seq.) of Chapter 1.1:1 of Title 9 of the Code of Virginia.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-50

Part IV
Regulation Development

24VAC22-10-50. Response to notice.

After interested parties have responded to the notice, the board may schedule informal meetings prior to the development of any regulation to determine the specific areas of interest or concern and to gather factual information on the subject matter of the regulation. Form RR06, Notice of Meeting, will be used for this purpose. Alternatively, the board may request that persons who have responded to the notice submit written comments, concerns and suggestions about or on the proposed regulation.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-60

24VAC22-10-60. Establishment of advisory panel.

When appropriate, the board will utilize an ad hoc advisory panel comprised of board representatives, persons who have previously participated in public proceedings on similar subjects, or selected individuals who responded to a Notice of Intended Regulatory Action, newsletter or special mailing. The board will consider the use of an advisory panel to be appropriate whenever individuals request, in writing, to be involved directly in the development and promulgation of regulations or whenever the board determines that the subject matter of the regulations can be better addressed by persons from outside the board who are willing and able to participate directly in the promulgation process. The panel will discuss the issues and make recommendations which will be considered in drafting regulations. Once the regulations have been developed, the panel will review them and continue to participate during the promulgation process as directed by the Administrative Process Act.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-70

24VAC22-10-70. Preparation of proposed regulation.

At its discretion, the board will draft the proposed regulation prior to or during any opportunities it provides to the public to submit input. In certain instances where the technical nature of the subject matter merits, the board may request that industry or professional groups develop a working draft. A copy of this draft will be furnished to all persons who responded to the notice indicating an interest in the regulation and to those persons participating in the initial comment phase of the development process. Persons to whom a copy of the working draft is furnished will be invited to submit written comments on the draft. If the response warrants, additional informal meetings may be held to discuss the working draft.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-80

24VAC22-10-80. Submission of proposed regulation submission package.

Upon the conclusion of the development process, all proposed regulations will be subject to the most recent review procedures published by the Governor. After this review, the board will prepare a proposed regulation submission package for submission to the office of the Registrar of Regulations. The package will include:

1. Notice of Comment Period (Form RR02) (3 copies);

2. Proposed Regulation Transmittal Sheet (Form RR03) (3 copies);

3. A statement of basis, purpose, substance, issues and impact (2 copies);

4. A summary of the regulation (2 copies);

5. Double-spaced text of the proposed regulation (2 copies); and

6. Reporting forms used in administering the regulation, if any (2 copies).

Once the Registrar receives all the required documents and appropriate number of copies, the proposed regulation, summary and notice of opportunity for oral and written submittals on the proposed regulation will be published in the "Proposed Regulation" section of the Virginia Register.

At the same time that the regulations are filed with the Registrar's office, the board will file Form RR09, Regulation Review Summary, and a copy of the proposed regulations to the Department of Planning and Budget and to the Governor's office.

The notice of comment period will appear in each issue of the Virginia Register until the public hearing date or 60-day written comments deadline has elapsed, whichever occurs last. The summary, provided with the Notice of Comment Period form, will be printed in a newspaper of general circulation published in the state capital and, in addition, similarly published in newspapers in localities particularly affected by the proposed regulations.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-90

24VAC22-10-90. Review of proposed regulation after publication.

The following types of review will occur after the publication of the proposed regulations:

1. Agency review. The board will compare the published copy of the regulation with the agency copy. Corrections will be filed with the Registrar.

2. Gubernatorial review. During the 60-day notice of comment period, the Governor will review the proposed regulations. The Governor will transmit comments on the regulations to the Registrar and the agency. These comments will be published in The Virginia Register. The board will respond to the Governor's comments pursuant to §9-6.14:9.1 of the Code of Virginia.

The appropriate standing committee of each branch of the General Assembly may meet during the promulgation or final adoption process and file an objection with the Registrar and the promulgating agency. The board will respond to the objection pursuant to §9-6.14:9.2 of the Code of Virginia.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-100

24VAC22-10-100. Final regulations submission package.

When the notice of comment period has elapsed, the board may take action on the proposed regulations, and will again submit for publication the text of the regulation as adopted, explaining any substantial changes in the final regulation, along with an up-to-date basis, purpose, substance, issues and impact statement. A 30-day final adoption period will begin upon publication in The Virginia Register. The package will contain:

1. Final Regulation Transmittal Sheet (Form RR04) (3 copies);

2. Statement of final agency action (2 copies);

3. Explanation of substantial changes;

4. Summary of public comments and agency's responses (2 copies);

5. Summary of regulation;

6. Statement of basis, purpose, substance, issues and impact (2 copies);

7. Double-spaced text of final regulation (2 copies); and

8. Reporting forms used in administering the final regulation, if any.

At the same time that the regulations are filed with the Registrar's office, the Department of Planning and Budget and the Governor's office will receive copies of the final regulations. Copies of the board's draft summary description of public comment will be sent by the board to all public commenters on the proposed regulation at least five days before the final adoption of the regulation.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-110

24VAC22-10-110. Petitions relating to regulatory actions.

The agency regulatory coordinator will establish a committee within the board to review, consider and respond to (i) all petitions received by the board requesting that it develop a new regulation or amend an existing one; or (ii) those petitions received by the board, within 30 days from the publication of the final regulation, that request the opportunity for oral and written submittals relating to those changes with substantial impact that have occurred from the time it is published as a proposed regulation to its publication as a final regulation. Responses to those petitions requesting new or amended regulations will be made within 180 days from the day the petition is received by the board.

When petitions requesting the opportunity for oral or written submittals are received from at least 25 persons within 30 days from the publication of the final regulation, the board will suspend the regulatory process in question for 30 days to solicit public comment, unless the board determines in the committee meetings that the changes are minor and inconsequential in their impact.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-120

Part V
Effective Date

24VAC22-10-120. Effective date.

The final regulation will become effective 30 days after it is published in The Virginia Register, or a later date, if specified. If there are gubernatorial or legislative objections, the procedures specified in the Administrative Process Act, §9-6.14:1 et seq. of the Code of Virginia, will be followed.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-130

Part VI
Regulation Availability

24VAC22-10-130. Availability of final regulation.

The board will make available to the public copies of the adopted regulations, together with the summary of the public comments and the board's responses. The Governor's comments and the board's responses also will be available to the public. Copies of the final regulations will be sent to all interested parties who have specifically requested them.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-10-140

Part VII
Forms

24VAC22-10-140. Forms.

The Registrar of Regulations develops the forms referenced in these guidelines and may change them. Copies of forms in current use may be obtained from the Registrar's office or from the board by request.

Statutory Authority

§9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

24VAC22-11

CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES

24VAC22-11-10

Part I
Purpose and Definitions

24VAC22-11-10. Purpose.

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Motor Vehicle Dealer Board . 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 46.2-1503.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

24VAC22-11-20

24VAC22-11-20. 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 Motor Vehicle Dealer Board , 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 46.2-1503.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

24VAC22-11-30

Part II
Notification of Interested Persons

24VAC22-11-30. 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 46.2-1503.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

24VAC22-11-40

24VAC22-11-40. 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 24VAC22-11-30, 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 46.2-1503.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

24VAC22-11-50

Part III
Public Participation Procedures

24VAC22-11-50. 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 46.2-1503.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

24VAC22-11-60

24VAC22-11-60. 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 46.2-1503.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

24VAC22-11-70

24VAC22-11-70. 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 46.2-1503.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

24VAC22-11-80

24VAC22-11-80. 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 46.2-1503.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

24VAC22-11-90

24VAC22-11-90. 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 46.2-1503.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

24VAC22-11-100

24VAC22-11-100. 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 46.2-1503.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

24VAC22-11-110

24VAC22-11-110. 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 46.2-1503.4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.