1/29/2019 1:33 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
X
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
 Petitioner's Request
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