Our appreciation is extended to all who have put so much time, thought, and energy into the development of the proposed Regulations.  All of us share concern over balancing quality training, compliance, and jobs within the PSS industry in these very difficult economic times. 

We are very much in agreement with Martha M Clancy’s review on this public forum for generally the same reasons.  Although there has been a concentrated effort at letting the industry know about the proposed changes, they are overwhelming and sometimes challenging to comprehend. Two things are evident.  When implementing such widespread changes, there will be greatly increased demands on staff in both the industry and within DCJS. Also, training costs will go up appreciably. In our current economy, such increases in costs and demands on staff are onerous for both individuals and companies alike.

Particularly affected will be small companies trying to get contracts and individuals currently unemployed, or in low-paid positions. According to the Times Dispatch, Virginia lead the nation in the number of jobs lost in February, 2010. The number of jobs that will be lost in the implementation of new regulations is unknown but will be noticeable.

Compliance and enforcement of the proposed regulations is an issue of concern.

Detailed comments and recommendations on the following sections have been sent via e-mail to Lisa McGee, Section Chief, Office of Regulatory Affairs.  Please consider the following comments and recommendations on this screen and those that follow:

6VAC20-171-20 Fees  Would be a hardship for many students/registrants who have neither a checking account nor a credit card, little to no computer knowledge, and no employer to turn to for assistance. 

6VAC20-171-110. Renewal instructor application.

1.          How will instructors be able to determine beforehand if the two hours of professional development per topic will be acceptable to DCJS? 

2.          Will licensed schools be able to put together such classes and make them available to instructors as a way of meeting these requirements?

3.          Cost factors—taking time off from work and cost of development courses—could be an issue.  Many of the programs available are simply cost prohibitive to individual instructors.

VAC206-171-220. #19, and 6VAC20-171-240. #10D, and VAC20-171-320.  #7 and #8, Inconsistency with the word “Carry” vs. “Be in possession of.” in these three sections

6VAC20-171-230 Business standards of conduct

#10—“Ensure that regulated employees of the business have not been convicted…”

6VAC20-171-260 Training schools standards of conduct

#10—“Ensure that the owner, principals, training director, and all instructors ….

1.     Both sections are highly problematic.  Most PSS businesses do not have access to a complete nationwide criminal history check (NCIC) that could be accessed on a regular basis and can only rely on third-party information

2.     If the licensee/training director has knowledge of such a situation, he should be under obligation to report it.