The petitioner requests the Board of Behavioral Health and Developmental Services amend Sections 30, 260, and 270 of Chapter 115 to establish the Office of Human Rights as independent of the DBHDS Commissioner.

According to petitioner:

"This proposed regulation is to define the Office of Human Rights under 12VAC35-115-30 of the Virginia Administrative Code. The setup for the Office of Human Rights should be outlined under 12VAC35-115-270; and the Office of Human Rights should be removed from under the auspices of the Commissioner and placed under the auspices of the State Human Rights Committee (SHRC). Under 12VAC35-115-260, the administrative provision should be established that the Commissioner does not have any legal authority over the Office of Human Rights and the Office of Human Rights is independent of the Commissioner. There is a clear, conflict-of-interest in the Commissioner having legal authority over the Office of Human Rights.”

The petition for rulemaking will be published in the Virginia Register of Regulations on October 5, 2026. The petition will also be posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment. The public comment period will open on October 5, 2026, and close on October 26, 2026.

The Board will consider the petition and all comments at its subsequent regular meeting, currently scheduled for December 9, 2026. The petitioner will be notified of the Board’s decision no later than 14 days after that meeting.