Final Text
CHAPTER 12
PUBLIC PARTICIPATION GUIDELINES (REPEALED.)
11VAC15-12-10. Definitions. (Repealed.)
The following words and terms, when used in this
chapter, shall have the following meaning unless the context clearly indicates
otherwise:
"Administrative Process Act" means Chapter 1.1:1
(§ 9-6.14:1 et seq.) of Title 9 of the Code of Virginia.
"Approving authority" means the collegial body
of the Virginia Charitable Gaming Commission consisting of seven members each
being duly appointed by the Governor of Virginia.
"Charitable Gaming Law" means the provisions
found in Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 of the
Code of Virginia.
"Executive Secretary" means the Executive
Secretary of the Virginia Charitable Gaming Commission or his designee.
"Person" means an individual, corporation,
partnership, unincorporated association, government body, municipal corporation
or any other legal entity.
Statutory Authority
§§ 9-6.14:7.1 and 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 5, eff. January 1, 1998; repealed, Volume 25, Issue 4, eff. November 26, 2008.
11VAC15-12-20. Soliciting input. (Repealed.)
A. The procedures in this chapter shall be used for
soliciting input of interested persons in the formation and development,
amendment or repeal of regulations in accordance with the Administrative Process
Act. This chapter does not apply to regulations exempted from the provisions of
§ 9-6.14:4.1 B of the Administrative Process Act or excluded from the operation
of Article 2 (§ 9-6.14:7.1 et seq.) of the Administrative Process Act pursuant
to § 9-6.14:4.1 C of the Code of Virginia.
B. Failure of any person to receive any notice or copies of
any documents provided under this chapter shall not affect the validity of any
regulation.
C. In developing any regulation governing charitable
gaming, the commission is committed to obtaining comments from interested
persons. These comments may be forwarded to the executive secretary at the
commission's main business office.
D. Public participation procedures shall apply to
regulations administered by the commission that are subject to the
Administrative Process Act. These procedures shall not apply to regulations
adopted on an emergency basis.
E. Any person may petition the commission concerning the
adoption or amendment of regulations. The petition, at a minimum, shall contain
the following information:
1. Name of petitioner;
2. Petitioner's mailing address and telephone number;
3. Petitioner's interest in the proposed action;
4. Recommended action with respect to regulations;
5. Statement of need and justification for the proposed
action;
6. Statement of impact of the proposed action on the
petitioner and other affected persons; and
7. Supporting documents, if applicable.
The commission shall provide a written response to such
petition within 180 days from the date the petition was received. The
commission's decision to initiate or not initiate rule making in response to
petitions is not subject to judicial review. The commission, at its discretion,
may consider any regulation request or change.
F. The commission shall maintain a list of persons who
provide written comments or petitions to the commission and mail to everyone on
the list a copy of the Notice of Intended Regulatory Action.
G. The commission shall place on its agenda, whenever
appropriate, a period for public participation during its regular meetings.
H. The commission shall identify persons who either would
be interested in or affected by proposed regulations. The methods for
identifying interested parties shall include, but not be limited to, the
following:
1. Using a list, compiled by the commission, of
organizations which have been issued a permit or exempt authorization to
conduct charitable gaming activities and of suppliers with a Certificate of
Registration.
2. Using commission mailing lists to identify people who
have raised questions or expressed an interest in the regulations.
3. Obtaining from the Secretary of the Commonwealth a list
of persons who have registered as lobbyists for the most recent General
Assembly session. The list shall be used to identify groups which may be
interested in the subject matter of the proposed regulations.
I. The commission shall use, as necessary, advisory
committees and interested individuals for developing proposed regulations. The
commission shall use individuals with special expertise for professional input
as required. Situations that may warrant the use of advisory committees may
include, but are not limited to, analyzing electronic and mechanical gaming
equipment, conducting special studies of charitable gaming as requested by the
commission or the legislature and commenting on current or proposed statutes,
regulations or operating rules and procedures.
J. Except for those regulations exempted by § 9-6.14:4.1 of
the Code of Virginia, the commission shall provide the Registrar of Regulations
with a Notice of Intended Regulatory Action (NOIRA) which describes the subject
matter and intent of the planned regulation. At least 30 days shall be provided
for public comment after publication of the NOIRA. The commission shall not
file proposed regulations with the Registrar of Regulations until the public
comment period on the NOIRA has closed.
K. The methods of notifying interested persons shall
include publishing a notice in the Virginia Register of Regulations (Virginia
Register) and may also include the following:
1. Sending the notice to all persons identified as
interested parties through the methods described in subsection H of this
section; and
2. Requesting that groups, associations and organizations to
whom the notice is sent, publish the notice in newsletters or journals or use
other means available to them to inform their members.
L. After interested parties have had reasonable opportunity
to respond to the notice, the commission shall determine the level of interest
in the proposed regulations.
1. If sufficient interest exists, the commission may
schedule informal meetings before development of the proposed regulations. The
purpose of the meetings shall be to determine specific areas of interest and
concern and gather factual information on the subject of the proposed
regulations.
2. Instead of or in addition to informal meetings, the
commission may ask for additional written comments, concerns or suggestions on
the development of regulations from those who respond to the notice.
3. The commission may forego an informal meeting, provided
sufficient information to develop regulations was acquired as a result of the
notice.
M. After initial public input on the intended regulatory
action, the commission shall develop proposed regulations for review, revision
and adoption.
N. After the drafting process, the commission-approved
regulations shall be submitted to the Registrar of Regulations in accordance
with the Administrative Process Act. Commission-approved regulations shall be
published as proposed regulations in the Virginia Register.
O. The commission shall furnish a copy of the regulations
published in the Virginia Register to persons who make such a request. A copy
of the "Notice of Comment Period" form may be sent with the copy of
the regulations.
P. The commission shall indicate in the NOIRA whether it
intends to hold a public hearing on the proposed regulations after it is
published. The commission shall hold such public hearings if required by law.
If the commission states an intent to hold a public hearing on the proposed
regulations in the NOIRA, then it shall hold the hearing.
Q. The commission shall adopt all final regulations. The
final regulations shall be submitted for publication in the Virginia Register.
R. The commission shall order the printing of all adopted
final regulations.
Statutory Authority
§§ 9-6.14:7.1 and 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 5, eff. January 1, 1998; repealed, Volume 25, Issue 4, eff. November 26, 2008.
CHAPTER 13
PUBLIC PARTICIPATION GUIDELINES
Part I
Purpose and Definitions
11VAC15-13-10. Purpose.
The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Charitable Gaming 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 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.
11VAC15-13-20. 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 Charitable Gaming 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 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.
Part II
Notification of Interested Persons
11VAC15-13-30. 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 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.
11VAC15-13-40. 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 11VAC15-13-30, 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 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.
Part III
Public Participation Procedures
11VAC15-13-50. 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 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.
11VAC15-13-60. 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 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.
11VAC15-13-70. 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 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.
11VAC15-13-80. 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 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.
11VAC15-13-90. 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 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.
11VAC15-13-100. 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 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.
11VAC15-13-110. 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 18.2-340.18 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.