12/3/2010 4:27 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
Initial Agency Notice
Agency Decision
Promulgating Board: State Board of Behavioral Health and Developmental Services
Regulatory Coordinator: Linda B. Grasewicz


Agency Contact: Linda B. Grasewicz

Regulatory Coordinator


Contact Address: Department of Behavioral Health and Developmental Services

1220 Bank Street

Richmond, VA 23218-1797
Chapter Affected:
12 vac 35 - 115: Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services
Statutory Authority: State: Section 37.2-400 of the Code of Virginia

Date Petition Received 09/14/2010
Petitioner Steven Shoon
 Petitioner's Request
Amend 12 VAC 35-115-160 to allow the Human Rights Advocate to remove the facility director form reviewing or appointing a designee to review a complaint when the Human Rights Advocate makes a finding that the facility director is not willing and able to render an impartial review of the complaint.
 Agency Plan
The Board anticipates it will consider public comments on this request at its November 30, 2010 meeting and will then determine what appropriate action is required.
Publication Date 01/03/2011  (comment period will also begin on this date)
Comment End Date 11/01/2010
 Agency Decision
Take no action
Agency Response Date 12/03/2010
 Agency Decision Text
Section 170 has replaced 160. Complaints should be dealt with at the lowest level possible and should first be directed to the person who caused the problem and has the power to fix it. This is the director. If not satisfied, the complainant can then take the concern to the independent Local Human Rights Committee for a hearing.