I oppose the fast track process of the repeal of the AOSE regulations.  Although the administration of the AOSE program is now covered by DPOR adoption of 18VAC160-20, other equally important parts are not.  In particular, 12VAC5-615-340,350,360,370,380,390,400 are not being replaced with any other regulations.  Instead, these are being replaced solely by VDH policies.  This puts all private sector OSE's at a disadvantage since VDH policies are not open to public discussion before issuance; there is no notice provided to the private sector when new policies are issued and, most importantly, these policies are not enforced in an equitable manner.  Local Health Districts are allowed to treat the policies as law when they approve of them and totally ignore them when they do not. This leaves the private sector OSE at an extreme disadvantage since the Office of Environmental Health Services in Richmond refuses to intervene in any disputes with the local Health Districts.

I believe this fast tracking partially stems from VDH's increasingly adversarial approach to working with the private sector OSE's. 12VAC 5-615 is still necessary until all of it components have been replaced in State Code and can be applied equally to both OSE's in the private sector as well as the OSE's in VDH.