Department of Professional and Occupational Regulation

 

GDForum ID: 2850

Step 1

Description of Proposed Guidance Document Changes

The Cemetery Board (the Board) has reviewed and voted to amend the following guidance document. 1. Guidance Document 7116: Cemetery Board Criminal History Review Matrix. The document contains guidance that directs staff to approve certain applications disclosing certain types of criminal convictions or disciplinary actions 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 unless the conviction resulting in incarceration and the release date is less than three (3) years from the date of application. An applicant must not be on supervised probation. Certain felony offenses are excluded, including those for rape, robbery, murder, sexual offenses, and crimes against minors. • Reportable misdemeanor convictions more than three (3) years old unless there is a prior conviction for the same offense. The Board’s existing guidance also allows staff to approve applications that disclose prior disciplinary actions that did not involve revocation or suspension. 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.

 

Step 2

Guidance Document(s) for this Comment Forum

Document ID	Document Title	Current Document	Proposed Document	Revised Proposed
7116	Cemetery Board Criminal History Review Matrix	Document	Proposed Document

 

Step 3

Contact Information

 

  Contact Information