1/29/2010 9:02 am
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

Senior Planner


Contact Address: Department of Behavioral Health and Developmental Services

Jefferson Bldg.

1220 Bank St., 12th Floor

Richmond, VA 23219
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 12/08/2009
Petitioner Steven Shoon
 Petitioner's Request
Adjust the complaint resolution process to remove the director or director's designee from handling the Human Rights Complaint when the director or director's designee's conduct, position, or circumstances render the director or director's designee renders them unable to perform an impartial review of the Human Rights Complaint. This includes prohibiting the director of appointing a designee for handling the Human Rights Complaint.
 Agency Plan
The Board will consider the petition and any comments received at its first meeting after the conclusion of the public comment period.
Publication Date 01/04/2010  (comment period will also begin on this date)
Comment End Date 01/25/2010
 Agency Decision
Take no action
Agency Response Date 01/26/2010
 Agency Decision Text
The program director or designee is the only person who has the authority to grant the person the relief requested. There is an appeal process available when a person does not agree with the program director or designee's decision.