| 12/3/2010 4:27 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
| Promulgating Board: | State Board of Behavioral Health and Developmental Services |
| Regulatory Coordinator: | Linda B. Grasewicz (804)786-0040 linda.grasewicz@dbhds.virginia.gov |
| Agency Contact: | Linda B. Grasewicz Regulatory Coordinator (804)786-0040 linda.grasewicz@dbhds.virginia.gov |
| Contact Address: | Department of Behavioral Health and Developmental Services 1220 Bank Street Richmond, VA 23218-1797 |
| Chapter Affected: | |
| 12 vac 35 - 115: | Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services |
| Statutory Authority: |
State: Section 37.2-400 of the Code of Virginia Federal: |
| Date Petition Received | 09/14/2010 |
| Petitioner | Steven Shoon |
Amend 12 VAC 35-115-160 to allow the Human Rights Advocate to remove the facility
director form reviewing or appointing a designee to review a complaint when the Human
Rights Advocate makes a finding that the facility director is not willing and able
to render an impartial review of the complaint.
Agency Plan
The Board anticipates it will consider public comments on this request at its November
30, 2010 meeting and will then determine what appropriate action is required.
| Publication Date | 01/03/2011 (comment period will also begin on this date) |
| Comment End Date | 11/01/2010 |
Take no action
| Agency Response Date | 12/03/2010 |
Section 170 has replaced 160. Complaints should be dealt with at the lowest level
possible and should first be directed to the person who caused the problem and has
the power to fix it. This is the director. If not satisfied, the complainant can then
take the concern to the independent Local Human Rights Committee for a hearing.