CHAPTER 10
PUBLIC PARTICIPATION GUIDELINES (REPEALED.)

2VAC20-10-10. Definitions. (Repealed.)

All terms defined in the Virginia Pesticide Control Act (§ 3.1- 249.27 et seq. of the Code of Virginia) are hereby incorporated by reference in this chapter. The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Advisor" means (i) a standing advisory panel; (ii) an ad hoc advisory panel; (iii) consultation with groups; (iv) consultation with individuals; or (v) any combination thereof.

"Chairman" means the Chairman of the Virginia Pesticide Control Board.

Statutory Authority

§§ 3.1-249.30 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR115-04-21 § 1, eff. January 2, 1991; amended, Virginia Register Volume 10, Issue 14, eff. June 22, 1994; repealed, Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-10-20. Purpose. (Repealed.)

These public participation guidelines set out methods for the identification and notification of parties, persons, and groups interested in the development of regulations of the Pesticide Control Board (hereinafter "board"). The board and the staff of the Office of Pesticide Management shall observe the requirements the present guidelines contain during the formation, drafting, promulgation, and final adoption of any and all regulations of the Pesticide Control Board:

1. Except as provided in 2VAC20-10-110 or otherwise authorized by statute; and

2. Except for regulations for which Notice of Intended Regulatory Action has been filed with the Registrar of Regulations pursuant to Guidelines for Public Participation in Regulation Development and Promulgation of the Virginia Department of Agriculture and Consumer Services, if such Notice of Intended Regulatory Action was filed prior to the effective date of the present chapter.

Statutory Authority

§§ 3.1-249.30 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR115-04-21 § 2, eff. January 2, 1991; amended, Virginia Register Volume 10, Issue 14, eff. June 22, 1994; repealed, Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-10-30. Establishment and maintenance of mailing lists. (Repealed.)

A. The staff of the Pesticide Control Board shall establish and maintain mailing lists of those who are or may be interested in a regulation to be developed. In partial or complete fulfillment of this requirement, the staff may utilize mailing lists already maintained by the Department of Agriculture and Consumer Services.

B. The staff of the Pesticide Control Board may develop additional mailing lists by appropriate announcement in news releases and in agency publications of the development of mailing lists.

C. The staff of the Pesticide Control Board shall include on its mailing lists individuals and groups who request to be on the lists.

Statutory Authority

§§ 3.1-249.30 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR115-04-21 § 3, eff. January 2, 1991; amended, Virginia Register Volume 10, Issue 14, eff. June 22, 1994; repealed, Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-10-40. Public meetings. (Repealed.)

A. The board or any representative designated for such purpose by the board may hold a public meeting on any new regulation under consideration and may hold a public meeting relating to amendment of any existing regulation.

B. In notifying the public of any such meeting, the staff of the Pesticide Control Board shall prepare and the Office of Policy, Planning, and Agricultural Development shall review and file a "Notice of Meeting" (Form RR06) and a "Notice of Intended Regulatory Action" (Form RR01) with the Virginia Register of Regulations. The date set for the meeting in the notice shall be at least 30 days after the date of publication of the Notice of Meeting and the Notice of Intended Regulatory Action in the Virginia Register of Regulations.

C. The staff of the Pesticide Control Board shall mail notice of the meeting and the Notice of Intended Regulatory Action to those on mailing lists corresponding to the subject of the regulation under consideration.

D. The staff of the Pesticide Control Board may also through the Communication Office issue press releases on the upcoming public meeting and publish notice of the public meeting in agency publications.

Statutory Authority

§§ 3.1-249.30 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR115-04-21 § 4, eff. January 2, 1991; amended, Virginia Register Volume 10, Issue 14, eff. June 22, 1994; repealed, Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-10-50. General policy for the use of advisors.(Repealed.)

A. This section sets out the general policy of the board for the use of advisors. This general policy addresses the circumstances in which the agency considers advisors appropriate and the circumstances under which the agency intends to make use of advisors.

B. In any notice of intended regulatory action filed by the board at or after the time these public participation guidelines take effect, the board shall include (i) any provision required by statute relating to the notice of intended regulatory action; and (ii) a statement inviting comment on whether there should be an advisor. The board considers an advisor appropriate and intends to make use of an advisor when:

1. The board receives in writing from at least 25 persons during the pendency of the notice of intended regulatory action declarations of interest in having an advisor appointed with respect to the regulation under development; and

2. The subject matter of the notice of intended regulatory action has not previously been the subject of regulation making by the board.

C. Despite the provisions of subsection B of this section, the chairman may in his sole discretion or at the board's direction appoint an advisor.

D. The board hereby delegates to the chairman the authority to appoint advisors and the appointments shall be ratified by the board. The decision shall rest exclusively with the chairman as to whether the advisor, if any, shall be: (i) a standing advisory panel; (ii) an ad hoc advisory panel; (iii) consultation with groups; (iv) consultation with individuals; or (v) any combination of subdivisions (i) through (iv) of this subsection.

E. The amending provisions contained in this chapter shall apply only to regulatory actions for which a notice of intended regulatory action is filed (irrespective of the date of adoption of the notice of intended regulatory action) with the Registrar of Regulations at or after the time these public participation guidelines take effect.

F. Drafting the regulation. In consultation with any advisory committee appointed, the staff of the Pesticide Control Board shall draft the regulation. The staff shall consider each public comment and be prepared to respond in writing as to why a comment was or was not incorporated into the draft regulation.

Statutory Authority

§§ 3.1-249.30 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR115-04-21 § 5, eff. January 2, 1991; amended, Virginia Register Volume 10, Issue 14, eff. June 22, 1994; repealed, Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-10-60. Board review and endorsement of draft regulation. (Repealed.)

The board shall meet and review the staff draft. If the draft is satisfactory to the board as a proposal, it shall so indicate by vote, and authorize its formal publication as a proposed regulation.

Statutory Authority

§§ 3.1-249.30 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR115-04-21 § 7, eff. January 2, 1991; amended, Virginia Register Volume 10, Issue 14, eff. June 22, 1994; repealed, Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-10-70. Proposed regulation. (Repealed.)

A. The staff of the Pesticide Control Board shall prepare required documents (including notice of opportunity for oral or written submittals, accomplished by "Notice of Comment Period" (Form RR02)) and submit them with the proposed regulation through the Office of Policy, Planning, and Agricultural Development for publication in the Virginia Register of Regulations. The register publication and the newspaper publication required by 2VAC20-10-80 B shall be made at least 60 days in advance of the last date prescribed in the notice for such submittals.

B. At the same time, the Office of Policy, Planning and Agricultural Development shall also submit the proposed regulation along with required documents to the Office of the Governor and the Department of Planning and Budget for review.

Statutory Authority

§§ 3.1-249.30 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR115-04-21 § 8, eff. January 2, 1991; amended, Virginia Register Volume 10, Issue 14, eff. June 22, 1994; repealed, Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-10-80. Informational proceeding and notice thereof. (Repealed.)

A. Informational proceeding. The board may hold an informational proceeding pursuant to § 2.2-4007.03 of the Code of Virginia on every regulation it proposes and on every proposed amendment to each regulation, notice for which shall comply with the provisions of this section of this chapter.

B. Notice of informational proceeding.

1. In addition to the required notice of opportunity for oral or written submittals published in the Virginia Register of Regulations pursuant to 2VAC20-10-70, and in a newspaper of general circulation published in the capital city, the staff of the Pesticide Control Board shall, at the board's direction, publish notice of the board's proposed regulation and informational proceeding thereon in:

a. Other newspapers with substantial readership in Virginia, which notice shall meet the same requirements for notice to the public of the opportunity for oral or written submittals as the notice published in the newspaper of general circulation published at the capital city;

b. Press releases;

c. Mailings to those on its mailing lists; and

d. Other means as directed by the commissioner or the board.

2. The staff of the Pesticide Control Board is directed to mail a copy of the proposed regulation and notice of the informational proceeding thereon to everyone who has participated in public discussion of the regulation pursuant to the current regulation making.

Statutory Authority

§§ 3.1-249.30 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR115-04-21 § 9, eff. January 2, 1991; amended, Virginia Register Volume 10, Issue 14, eff. June 22, 1994; repealed, Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-10-90. Adoption of regulation. (Repealed.)

The board may adopt the proposed regulation after the last day prescribed for submittals of public comment. After the board has adopted the regulation, the staff of the Pesticide Control Board shall prepare and submit through the Office of Policy, Planning, and Agricultural Development, a copy of the adopted regulation and the required documentation to the Virginia Register of Regulations, the Office of the Governor, and the Department of Planning and Budget.

Statutory Authority

§§ 3.1-249.30 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR115-04-21 § 10, eff. January 2, 1991; amended, Virginia Register Volume 10, Issue 14, eff. June 22, 1994; repealed, Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-10-100. Adoption of summary; of statement as to basis; and of description of public comment. (Repealed.)

The summary; statement as to basis, purpose, substance, issues, and impact of the regulation; and the summary description of the nature of the oral and written data, views, and arguments presented during the public proceedings and the board's comments thereon required by § 2.2-4012 E of the Code of Virginia, shall be made a part of the board's minutes and included as a part of the board's regulation file.

Statutory Authority

§§ 3.1-249.30 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR115-04-21 § 11, eff. January 2, 1991; amended, Virginia Register Volume 10, Issue 14, eff. June 22, 1994; repealed, Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-10-110. Application. (Repealed.)

The provisions of these public participation guidelines shall not apply to the making of regulations exempt from the Administrative Process Act.

Statutory Authority

§§ 2.2-4007.02 and 3.1-249.30 of the Code of Virginia.

Historical Notes

Derived from VR115-04-21 § 12, eff. January 2, 1991; amended, Virginia Register Volume 10, Issue 14, eff. June 22, 1994; repealed, Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-10-120. Petitions. (Repealed.)

Any person may petition the board to adopt or amend any regulation. Any petition received shall appear on the agenda of the next board meeting. The board shall consider and respond to the petition within 180 days. The board shall have the sole authority to dispose of the petition.

The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision of these public participation guidelines.

Statutory Authority

§§ 3.1-249.30 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR115-04-21 § 13, eff. January 2, 1991; amended, Virginia Register Volume 10, Issue 14, eff. June 22, 1994; repealed, Volume 25, Issue 5, eff. December 10, 2008.

CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES

Part I
Purpose and Definitions

2VAC20-11-10. Purpose.

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Pesticide Control Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§§ 2.2-4007.02 and 3.1-249.30 3.2-3906 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-11-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Pesticide Control Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

Statutory Authority

§§ 2.2-4007.02 and 3.1-249.30 3.2-3906 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

Part II
Notification of Interested Persons

2VAC20-11-30. Notification list.

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

Statutory Authority

§§ 2.2-4007.02 and 3.1-249.30 3.2-3906 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-11-40. Information to be sent to persons on the notification list.

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 2VAC20-11-30, the agency shall send the following information:

1. A notice of intended regulatory action (NOIRA).

2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

Statutory Authority

§§ 2.2-4007.02 and 3.1-249.30 3.2-3906 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

Part III
Public Participation Procedures

2VAC20-11-50. Public comment.

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

2. For a minimum of 60 calendar days following the publication of a proposed regulation.

3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

Statutory Authority

§§ 2.2-4007.02 and 3.1-249.30 3.2-3906 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-11-60. Petition for rulemaking.

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

1. The petitioner's name and contact information;

2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

Statutory Authority

§§ 2.2-4007.02 and 3.1-249.30 3.2-3906 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-11-70. Appointment of regulatory advisory panel.

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

Statutory Authority

§§ 2.2-4007.02 and 3.1-249.30 3.2-3906 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-11-80. Appointment of negotiated rulemaking panel.

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

1. There is no longer controversy associated with the development of the regulation;

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

3. The agency determines that resolution of a controversy is unlikely.

Statutory Authority

§§ 2.2-4007.02 and 3.1-249.30 3.2-3906 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-11-90. Meetings.

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

Statutory Authority

§§ 2.2-4007.02 and 3.1-249.303.2-3906  of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-11-100. Public hearings on regulations.

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

1. The agency's basic law requires the agency to hold a public hearing;

2. The Governor directs the agency to hold a public hearing; or

3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

Statutory Authority

§§ 2.2-4007.02 and 3.1-249.30 3.2-3906 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

2VAC20-11-110. Periodic review of regulations.

A. The agency shall conduct a periodic review of its regulations consistent with:

1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

Statutory Authority

§§ 2.2-4007.02 and 3.1-249.30 3.2-3906 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.