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Promulgate New PPG Guidelines/Repeal Current PPG Guidelines
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6VAC15-10

CHAPTER 10
PUBLIC PARTICIPATION GUIDELINES (REPEALED)

6VAC15-10-10

Part I
General Provisions

6VAC15-10-10. Definitions. (Repealed.)

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

"Agency" means any authority, instrumentality, officers of the Virginia Department of Corrections, and members of the Virginia Board of Corrections, or other unit of the state government empowered by the basic laws to make regulations or decide cases.

"Agency regulatory coordinator" means the individual appointed by the director to provide technical assistance to the operating units and to coordinate regulations.

"Basic law" or "basic laws" means provisions of the Constitution and statutes of the Commonwealth of Virginia authorizing an agency to make regulations or decide cases or containing procedural requirements thereof.

"Board" means the Virginia Board of Corrections.

"Department" means the Virginia Department of Corrections.

"Director" means the Director of the Virginia Department of Corrections.

"Operating unit" means the offices of the director, deputy directors, administrators or other offices within the department that will develop or draft a regulation. Only the board may promulgate a regulation.

"Rule" or "regulation" means any statement of general application, having the force of law, affecting the rights or conduct of any person, promulgated by an agency in accordance with the authority conferred on it by applicable basic laws. Exemptions to this requirement are those listed in § 9-6.14:4.1 of the Code of Virginia or as determined by the Attorney General's office.

Statutory Authority

§§ 2.2-4007 and 53.1-5 of the Code of Virginia.

Historical Notes

Derived from VR230-01-001 § 1.1, eff. April 18, 1985; amended, Virginia Register Volume 2, Issue 5, eff. January 8, 1986; Volume 5, Issue 24, eff. October 1, 1989; Volume 10, Issue 18, eff. July 1, 1994; repealed, Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-10-20

6VAC15-10-20. Authority. (Repealed.)

Chapter 1.1:1 of Title 9 of the Code of Virginia, deals with the promulgation of rules and regulations. Specifically, § 9-6.14:7.1 directs agencies of the Commonwealth to develop public participation guidelines for soliciting the input of interested parties in the formation and development of regulations. Section 53.1-5 of the Code of Virginia empowers the Board of Corrections to make, adopt and promulgate rules and regulations.

Statutory Authority

§§ 2.2-4007 and 53.1-5 of the Code of Virginia.

Historical Notes

Derived from VR230-01-001 § 1.2, eff. April 18, 1985; amended, Virginia Register Volume 2, Issue 5, eff. January 8, 1986; Volume 5, Issue 24, eff. October 1, 1989; Volume 10, Issue 18, eff. July 1, 1994; repealed, Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-10-30

6VAC15-10-30. Purpose. (Repealed.)

These guidelines are designed to provide consistent, written procedures that will ensure input from interested parties during the development, review and final stages of the regulatory process.

Statutory Authority

§§ 2.2-4007 and 53.1-5 of the Code of Virginia.

Historical Notes

Derived from VR230-01-001 § 1.3, eff. April 18, 1985; amended, Virginia Register Volume 2, Issue 5, eff. January 8, 1986; Volume 5, Issue 24, eff. October 1, 1989; Volume 10, Issue 18, eff. July 1, 1994; repealed, Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-10-40

6VAC15-10-40. Administration. (Repealed.)

A. The board has the responsibility for promulgating regulations pertaining to public input in the regulatory process.

B. The director is the chief executive officer of the Department of Corrections and is responsible for implementing the standards and goals of the board.

Statutory Authority

§§ 2.2-4007 and 53.1-5 of the Code of Virginia.

Historical Notes

Derived from VR230-01-001 § 1.4, eff. April 18, 1985; amended, Virginia Register Volume 2, Issue 5, eff. January 8, 1986; Volume 5, Issue 24, eff. October 1, 1989; Volume 10, Issue 18, eff. July 1, 1994; repealed, Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-10-50

6VAC15-10-50. Application of regulations. (Repealed.)

These regulations have general application throughout the Commonwealth.

Statutory Authority

§§ 2.2-4007 and 53.1-5 of the Code of Virginia.

Historical Notes

Derived from VR230-01-001 § 1.5, eff. April 18, 1985; amended, Virginia Register Volume 2, Issue 5, eff. January 8, 1986; Volume 5, Issue 24, eff. October 1, 1989; Volume 10, Issue 18, eff. July 1, 1994; repealed, Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-10-60

6VAC15-10-60. Application of the Administrative Process Act. (Repealed.)

The provisions of the Virginia Administrative Process Act, which is codified as Chapter 1.1:1 of Title 9 of the Code of Virginia, shall govern the adoption, amendment, modification, and revision of these regulations, and the conduct of all proceedings and appeals. All hearings on such regulations shall be conducted in accordance with § 9-6.14:7.1 of the Code of Virginia.

Statutory Authority

§§ 2.2-4007 and 53.1-5 of the Code of Virginia.

Historical Notes

Derived from VR230-01-001 § 1.6, eff. April 18, 1985; amended, Virginia Register Volume 2, Issue 5, eff. January 8, 1986; Volume 5, Issue 24, eff. October 1, 1989; Volume 10, Issue 18, eff. July 1, 1994; repealed, Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-10-70

Part II
Public Participation

6VAC15-10-70. Identification of interested parties. (Repealed.)

Each operating unit within the department which is responsible for rule making shall develop and maintain a current list of those persons, organizations, and agencies that have demonstrated an interest in specific program regulations in the past through written comments or attendance at public hearings.

Statutory Authority

§§ 2.2-4007 and 53.1-5 of the Code of Virginia.

Historical Notes

Derived from VR230-01-001 § 2.1, eff. April 18, 1985; amended, Virginia Register Volume 2, Issue 5, eff. January 8, 1986; Volume 5, Issue 24, eff. October 1, 1989; Volume 10, Issue 18, eff. July 1, 1994; repealed, Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-10-80

6VAC15-10-80. Notification of interested parties. (Repealed.)

A. Individual mailings. When an operating unit of the department determines that specific regulations need to be developed or substantially modified, the operating unit shall so notify by mail the individuals, organizations, and agencies identified as interested parties in 6VAC15-10-70. This notice shall invite those interested in providing input to notify the agency of their interest. The notice shall include the title of the regulation to be developed or modified; the operating unit contact person, mailing address, telephone number; and the date by which a notice of a desire to comment must be received. In addition, known parties having interest and expertise will be advised through a special mailing of the agency's desire to develop a regulation and will be invited to assist the operating unit in developing the regulation or in providing input.

B. Notice of Intended Regulatory Action.

1. When an operating unit of the department determines that specific regulations that are covered by the Administrative Process Act need to be developed or substantially modified, the operating unit shall provide a Notice of Intended Regulatory Action to the Registrar of Regulations.

2. This notice will invite those interested in providing input to notify the operating unit of their interest. The notice will include the title of the regulation to be developed or modified; the subject matter and intent of the planned regulation; whether or not the agency plans to hold a public hearing on the regulation after it is published; the operating unit contact person, mailing address, telephone number; and the date by which a notice of a desire to comment must be received. All notices shall be coordinated through the agency regulatory coordinator who will forward them for publication.

3. At least 30 days shall be provided for public comment after publication of the Notice of Intended Regulatory Action. The agency shall not file proposed regulations with the registrar until the public comment period on the Notice of Intended Regulatory Action has closed.

4. Any person may petition the agency to request the agency to develop a new regulation or amend an existing regulation. The agency shall receive, consider, and respond to the petition in writing within 180 days.

5. If the agency states in the Notice of Intended Regulatory Action that it does not plan to hold a hearing on the proposed regulation, then no public hearing is required unless, prior to completion of the comment period specified in the Notice of Intended Regulatory Action, the governor directs that the agency hold a public hearing, or the agency receives requests for a public hearing from at least 25 people.

Statutory Authority

§§ 2.2-4007 and 53.1-5 of the Code of Virginia.

Historical Notes

Derived from VR230-01-001 § 2.2, eff. April 18, 1985; amended, Virginia Register Volume 2, Issue 5, eff. January 8, 1986; Volume 5, Issue 24, eff. October 1, 1989; Volume 10, Issue 18, eff. July 1, 1994; repealed, Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-10-90

6VAC15-10-90. Solicitation of input from interested parties; advisory panels; other comments. (Repealed.)

A. Whenever an operating unit proposes to develop or substantially modify a regulation, it may create an advisory panel to assist in this development or modification. Advisory panels shall be established on an ad hoc basis.

1. Members of advisory panels shall consist of a balanced representation of individuals and representatives of organizations and agencies identified in 6VAC15-10-70 as interested and who have expressed a desire to comment on new or modified regulations in the developmental process. Each panel shall consist of no less than three members.

2. Individual panels shall establish their own operating procedure, but in no case will a panel meet less than twice. All comments on proposed regulations shall be documented by the operating unit and a response developed for each comment.

B. All persons, organizations, and agencies that respond to the individual mailings and the notice of intent shall be provided an opportunity to examine regulations in their developmental stage and to provide written comments on these regulations to the operating unit. The operating unit shall document the receipt of these comments and respond to each commentor. The operating unit shall consider all input received as a result of responses to notifications mailed to interested parties as listed in 6VAC15-10-80 in formulating and drafting proposed regulations.

Statutory Authority

§§ 2.2-4007 and 53.1-5 of the Code of Virginia.

Historical Notes

Derived from VR230-01-001 § 2.3, eff. April 18, 1985; amended, Virginia Register Volume 2, Issue 5, eff. January 8, 1986; Volume 5, Issue 24, eff. October 1, 1989; Volume 10, Issue 18, eff. July 1, 1994; repealed, Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-10-100

6VAC15-10-100. Administrative Process Act procedures. (Repealed.)

After regulations have been developed according to these guidelines, they shall be submitted for public comment under § 9-6.14:7.1 of the Code of Virginia.

Statutory Authority

§§ 2.2-4007 and 53.1-5 of the Code of Virginia.

Historical Notes

Derived from VR230-01-001 § 2.4, eff. April 18, 1985; amended, Virginia Register Volume 2, Issue 5, eff. January 8, 1986; Volume 5, Issue 24, eff. October 1, 1989; Volume 10, Issue 18, eff. July 1, 1994; repealed, Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11

CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES

6VAC15-11-10

Part I
Purpose and Definitions

6VAC15-11-10. Purpose.

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Corrections. 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 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-20

6VAC15-11-20. 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 Department of Corrections, 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 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-30

Part II
Notification of Interested Persons

6VAC15-11-30. 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 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-40

6VAC15-11-40. 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 6VAC15-11-30, 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 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-50

Part III
Public Participation Procedures

6VAC15-11-50. 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 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-60

6VAC15-11-60. 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 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-70

6VAC15-11-70. 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 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-80

6VAC15-11-80. 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 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-90

6VAC15-11-90. 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 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-100

6VAC15-11-100. 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 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-110

6VAC15-11-110. 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 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.