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Since more than 180 days have passed since the end of the NOIRA stage, a Time Frame Waiver must be granted by the Governor's office.

This waiver was requested on 6/25/2012

Agency Reason: The proposed amendments were not submitted within 180 days of the close of the NORIA comment period because of conflicting advice received by the agency from the Office of the Attorney General (OAG). The NORIA comment period closed March 30, 2011 and the deadline for submittal was September 26, 2011. The OAG concluded in May 2011 that modifications to the draft amendments were necessary because a significant portion of the amendments fell under the jurisdiction of the Department of Housing and Community Development (DHCD). VDH staff met with DHCD staff in June 2011 and began modifying the draft amendments. Upon further consideration the OAG determined in September 2011 that the draft amendments as originally reviewed did fall under the Board of Health’s regulatory purview. At that point in time, VDH staff had committed significant resources to rewriting the draft amendments to conform to the OAG’s initial advice. Returning the document to its original configuration as well as final editing and other administrative tasks took the regulatory process well beyond the September 26, 2011, deadline.

The request was approved on 9/14/2012