Department of Professional and Occupational Regulation

 

GDForum ID: 2840

Description of Proposed Guidance Document Changes

The Board for Waste Management Facility Operators (the Board) has reviewed and voted to amend the following guidance document. 1. Guidance Document 5712: Waste Management Facility Operators Criminal History Review Matrix. The document contains guidance that directs staff to approve certain applications disclosing certain types of criminal convictions without sending the application for Board review. The Board’s existing guidance allows staff to approve applications that disclose the following criminal convictions: - Felony convictions more than five (5) years old with no subsequent reportable convictions, unless the conviction resulted in incarceration where the release date is less than three (3) years from the application date. Convictions for certain felonies are excluded. - Misdemeanor convictions more than three (3) years from the date of application. However, this does not include environmental related convictions. - Misdemeanor convictions for possession or distribution of a controlled substance with no other convictions. - Felony convictions for possession of controlled substance more than two (2) years old, where the applicant has completed a deterrence program. - Felony convictions of Title 46 of the Code of Virginia (Traffic Code) more than three (3) years old. - Misdemeanor convictions for simple assault (excluding domestic assault or assaulting a police officer), disorderly conduct, or trespassing. - Convictions of larceny, breaking and entering, or burglary more than five (5) years old with no subsequent convictions, provided the conviction did not result in incarceration where the release date is less than three (3) years from the application date. - DUI convictions where the applicant has completed VASAP or another similar program accepted by the court or DMV after the latest conviction, but not including felony convictions. The guidance document will be revised to provide for a delegation of authority to DPOR staff to conduct predetermination fact-findings and license eligibility fact-findings (IFFs) in accordance with applicable portions of the Administrative Process Act (Code of Virginia § 2.2-4000 et. seq.). These delegation of authority provisions are being added to all DPOR regulatory board guidance documents that provide guidance regarding applicants who disclose criminal convictions on an application. There are also stylistic changes made throughout the document. This is a result of Executive Order 51. The changes were made from streamlining AI recommendations to help reduce word count, making it easier for consumers to understand and read. No substantive changes to the Board’s criteria for staff approval of applications are made.

 

Guidance Document(s) for this Comment Forum

Document ID	Document Title	Current Document	Proposed Document	Revised Proposed
5721	Waste Management Facility Operators Criminal History Review Matrix	Document	Proposed Document

 

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