Virginia Regulatory Town Hall
Health and Human Resources
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
Petition 77
Petition Information
Petition Title Human Rights Complaint Process
Date Filed 4/7/2009   
Petitioner Steven Shoon 
Petitioner's Request

Amend regulations to prohibit any director of providers from applying a variance that abridges any individual's rights for filing a complaint under the complaint process under the Human Rights Regulations.  Individuals in this context means individuals receiving services from providers. 

Agency's Plan

The Board will consider the petition and any comments received at its regularly scheduled meeting on June 2, 2009. 

Comment Period Began 4/27/2009    Ended 5/18/2009
Agency Decision Take no action    
Response Date 6/2/2009
Agency Decision Summary

The Board does not believe that the right to request a variance should be restricted.  The Variance section of the Rules and Regulations to Assure the Rights of Individuals Receiving Services (Human Rights Regulations, 12 VAC 35-115-220) is intended to protect individuals receiving services when the implementation of the Regulations may cause harm.  The process for pursuing a variance is extensive and the Human Rights Regulations currently require all variances to be approved by the State Human Rights Committee.