Virginia Regulatory Town Hall
Health and Human Resources
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
Petition 303
Petition Information
Petition Title R. C. Carter Petition for Rulemaking
Date Filed 8/14/2019    [Transmittal Sheet]
Petitioner R.C. Carter 
Petitioner's Request

Initial Agency Notice

Date Received:  August 5, 2019.

Title of Regulation: 12VAC35-105. Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

To develop a new regulation requiring providers to 1) Obtain verification from the Virginia Employment Commission required under Virginia Unemployment Compensation Act, § 60.2-212.C. and 2) Submit an SS-8 Form to the Internal Revenue Service.

Agency's Plan

The State Board of Behavioral Health and Developmental Services will consider this petition at the next scheduled meeting after the close of the public comment period, on October 9, 2019, at Western State Hospital, Staunton, Virginia. 

Comment Period Began 9/2/2019    Ended 9/22/2019
Virginia Register Announcement Submitted on 8/14/2019
The Virginia Register of Regulations
Published on: 9/2/2019     Volume: 36  Issue: 1
Agency Decision Take no action [Transmittal Sheet]    
Response Date 10/17/2019
Decision Publication Date Published on: 11/11/2019     Volume: 36  Issue: 6
Agency Decision Summary

The petition was considered by the board at the regular meeting held on Wednesday, October 9, 2019, at Western State Hospital in Staunton, Virginia.  After reviewing all of the information received, the board declined to pursue the suggestions on the matter for the following reasons: 

1. DBHDS does not enforce compliance with the Virginia Unemployment Compensation Act, other state employment law, or federal tax law. 

2. The Office of Regulatory Affairs conducted substantial research related to the use of contract employees (for the response to periodic review draft) and as a result, draft regulations propose amendments (during the planned response to periodic review ‘overhaul’ of the regulations) to account for the misuse of contract employees in licensed services.

Contact Information
Name / Title: Ruth Anne Walker  / Director of Regulatory Affairs
Address: Jefferson Bldg.
1220 Bank St., 11th Floor
Richmond, 23219
Email Address:
Telephone: (804)225-2252    FAX: (804)786-8623    TDD: (804)371-8977