1/29/2019 1:33 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
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Initial Agency Notice
Agency Decision
Promulgating Board: | Commission on the Virginia Alcohol Safety Action Program |
Regulatory Coordinator: | Richard Foy (804)786-5895 rfoy@vasap.virginia.gov |
Agency Contact: | Richard Foy Field Services Specialist (804)786-5895 rfoy@vasap.virginia.gov |
Contact Address: | Commission on the Virginia Alcohol Safety Action Program Commission on VASAP 701 E. Franklin Street, Suite 1110 Richmond, VA 23219 |
Chapter Affected: | |
24 vac 35 - 30: | VASAP Case Management Policy and Procedure Manual |
Statutory Authority: |
State: Federal: |
Date Petition Received | 01/29/2019 |
Petitioner | Cynthia Ellen Hites |
I, Cynthia Ellen Hites, as a citizen of the Commonwealth of Virginia, pursuant to
Virginia Code ยง 2.2-4007, do humbly submit this petition for the following amendment
to Virginia Administrative Code 24VAC35-30-150 (VASAP Policy and Procedures Manual).
Currently, the law states the following:
Section 150, Paragraph A:
"Noncompliance reporting. When the offender has been deemed noncompliant by the case
manager, that case manager, within five working days, shall notify in writing the
referring court or agency and the offender."
As of now, no penalty exists to the caseworker for breech of this law.
With no adverse effect to the caseworker, or ASAP director, respectively, for failing
to fulfill their duties, ASAP caseworkers can effectively operate with impunity regarding
the time allotted them to notify [the] offender and court of noncompliance.
There are no penalties established for the incidences of caseworker error or malfeasance
that result in restart of [an] ignition interlock sentence, or force [the] offender
to reappear in court to face further punishment.
I propose the following language be adopted, in lieu of the current:
"A. Noncompliance reporting. When the offender has been deemed noncompliant by the
case manager, that case manager, within five working days, shall notify in writing
the referring court or agency and the offender. If [the] caseworker fails to notify
in writing both parties, within five working days, the instance of noncompliance shall
not be considered, and the offender shall incur no penalty."
Agency Plan
The petitioner's request will be considered by the Commission on VASAP at its June
7, 2019 meeting.
Publication Date | 02/18/2019 (comment period will also begin on this date) |
Comment End Date | 05/30/2019 |