Virginia Regulatory Town Hall

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Model Public Participation Guidelines
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1VAC75-10

CHAPTER 10
PUBLIC PARTICIPATION GUIDELINES FOR THE DEPARTMENT OF THE TREASURY AND TREASURY BOARD (REPEALED)

1VAC75-10-10

1VAC75-10-10. Generally. (Repealed.)

In developing proposed regulations, the Department of the Treasury or Treasury Board (collectively, "department") are committed to active solicitation of input and comment from interested citizens, professional associations, and industry associations.

Any person who is interested in participating in the regulation development process should notify the department in writing. Such notification of interest should be sent to Agency Regulatory Coordinator, Department of the Treasury, P.O. Box 1879, Richmond, VA 23215.

Accordingly, the department shall consult with interested groups and individuals, identified by the process set out in 1VAC75-10-20, concerning each regulation promulgated by the department. The department shall make use of standing or ad hoc panels under the circumstances set out in 1VAC75-10-40 A 2.

Any person may petition the department to develop a new regulation or amend an existing regulation. The department shall respond to any such request within 180 days from its receipt.

Statutory Authority

§§2.1-179 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR640-01-1 §1, eff. September 3, 1986; amended, Virginia Register Volume 10, Issue 12, eff. April 8, 1994; repealed, Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-10-20

1VAC75-10-20. Identification of interested parties. (Repealed.)

Prior to the development of any regulation, the department shall identify persons likely to be interested in or affected by the proposal. The methods for identifying interested parties shall include, but not be limited to, the following:

1. Obtaining annually from the Secretary of the Commonwealth a list of all persons, citizen groups, associations and others who have registered as lobbyists for the annual General Assembly session. This list will be used to identify interest groups which may be interested in the subject matter of the proposed regulation;

2. Utilizing the statewide listing of business, professional, civic and charitable associations and societies in Virginia published by the State Chamber of Commerce to identify additional industry and professional associations which might be interested in the regulation;

3. Utilizing department subject matter files to identify persons who have previously raised questions or expressed an interest in the subject matter under consideration through requests for rulings or information; and

4. Utilizing a standing list, compiled by the department, of persons who have previously participated in public proceedings relative to similar subject matters who have expressed a general interest in Treasury regulations.

Statutory Authority

§§2.1-179 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR640-01-1 §2, eff. September 3, 1986; amended, Virginia Register Volume 10, Issue 12, eff. April 8, 1994; repealed, Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-10-30

1VAC75-10-30. Notification of interested parties; dissemination. (Repealed.)

A. The department shall prepare a Notice of Intended Regulatory Action prior to the development of any regulations. The notice shall identify the subject matter and purpose for the development of the new regulation(s) and shall specify a deadline for receipt of responses from persons interested in participating in the development process. The notice shall state whether a public hearing is to be held. If the notice states that a public hearing will be held, then the department shall hold a public hearing. If the notice states that no public hearing is to be held, then no public hearing is required unless, prior to the completion of the comment period specified in the notice, the Governor directs the department to hold a public hearing or at least 25 persons request the department to hold a public hearing.

B. The methods for disseminating the notice to the public shall include, but not be limited to, the following:

1. Sending notice to all persons identified, pursuant to subdivision 2 of 1VAC75-10-20, as having a potential interest in the regulation;

2. Publishing notice in The Virginia Register of Regulations; and

3. Requesting that industry, professional and citizen associations publish the notice in their newsletters or journals or use any other means available to them to disseminate the notice to their membership.

Statutory Authority

§§2.1-179 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR640-01-1 §3, eff. September 3, 1986; amended, Virginia Register Volume 10, Issue 12, eff. April 8, 1994; repealed, Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-10-40

1VAC75-10-40. Public participation. (Repealed.)

A. Regulation development.

1. Initial comment. After interested parties have responded to the notice, the department may schedule informal meetings prior to the development of any regulation to determine specific areas of interest and concern and to gather factual information relative to the subject matter of the regulation. Alternatively, the department may elect to request that persons who have responded to the notice make written submissions of comments, concerns and suggestions relative to the proposed regulation. The department may begin drafting the proposed regulation prior to or during any opportunities it provides to the public to submit input.

2. Ad hoc advisory group or standing advisory committee. The department shall form an ad hoc advisory group, utilize a standing advisory committee, or consult with groups and individuals registering interest in working with the department to assist the department in the drafting and formation of regulations when: (i) the department, in the department's sole discretion, determines to form an ad hoc advisory group, utilize a standing advisory committee, or consult with groups and individuals; or (ii) the department receives written comments from at least 25 persons during the comment period of the notice requesting the department to form an ad hoc advisory group, utilize a standing advisory committee, or consult with groups and individuals and the subject matter of the notice has not previously been the subject matter of a notice published in The Virginia Register of Regulations by the department.

3. Preparation of working draft. Subsequent to the initial public comment, the department shall develop a working draft of the proposed regulation. In certain instances where the technical nature of the subject matter merits, the department may request that industry or professional groups develop a working draft. Copies of such drafts will be furnished to all persons who responded to the notice indicating an interest in the regulation and to those persons participating in the initial comment process. Persons to whom a copy of the working draft is furnished will be invited to submit written comments on the draft.

B. Promulgation of proposed regulation.

Upon conclusion of the development process, the department shall promulgate the regulation for submission to the Registrar of Regulations pursuant to the Administrative Process Act ("APA"), Chapter 1.1:1 (§9-6.14:1 et seq.) of Title 9 of the Code of Virginia. The department shall furnish to all persons identified as having a potential interest in the subject matter, a copy of the proposed regulation and a copy of the general public notice of opportunity for oral or written submission accompanied by a cover letter explaining the deadlines established by the APA for submissions of comment. In some cases, the public opportunity to comment may be limited to written submissions: such a limitation, however, must be clearly set forth in the notice. The date by which and place to which submissions must be made shall be clearly specified. Where a public hearing is to be held, the time, date, and place shall be clearly specified. Additionally, the date by which persons intending to participate in the public hearing should notify the department of their interest shall be noted. Persons who will participate will be encouraged to submit written copies of their comments in advance or at the public hearing in order to insure that all comments are accurately reflected in the formal transcript of the hearing.

C. Publication of final regulation.

In order to promote voluntary compliance, the department shall print and distribute copies of all regulations.

Upon issuing an order adopting a regulation, the department, at its discretion, may send to participants a copy of the regulation as adopted, together with its response to comments made during the public hearing or written submittal period.

If one or more changes with substantial impact are made to a regulation between the time it is published as a proposed regulation and the time it is published as a final regulation, any person may petition the department within 30 days from the publication of the final regulation to request an opportunity for oral and written submittals on the changes to the regulation. If at least 25 persons request an opportunity to submit oral and written comments on the changes to the regulation, the department shall suspend the regulatory process for 30 days to solicit additional public comment, unless the department determines that the changes made are minor or inconsequential in their impact.

Statutory Authority

§§2.1-179 and 9-6.14:7.1 of the Code of Virginia.

Historical Notes

Derived from VR640-01-1 §4, eff. September 3, 1986; amended, Virginia Register Volume 10, Issue 12, eff. April 8, 1994; repealed, Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-11

CHAPTER 11
PUBLIC PARTICIPATION GUIDELINES

1VAC75-11-10

Part I
Purpose and Definitions

1VAC75-11-10. Purpose.

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of the Treasury and the Treasury 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

§§2.2-2416 and 2.2-4007.02 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-11-20

1VAC75-11-20. 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 the Treasury or the Treasury Board (as appropriate), 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

§§2.2-2416 and 2.2-4007.02 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-11-30

Part II
Notification of Interested Persons

1VAC75-11-30. 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

§§2.2-2416 and 2.2-4007.02 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-11-40

1VAC75-11-40. 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 1VAC75-11-30, 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

§§2.2-2416 and 2.2-4007.02 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-11-50

Part III
Public Participation Procedures

1VAC75-11-50. 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

§§2.2-2416 and 2.2-4007.02 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-11-60

1VAC75-11-60. 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

§§2.2-2416 and 2.2-4007.02 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-11-70

1VAC75-11-70. 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

§§2.2-2416 and 2.2-4007.02 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-11-80

1VAC75-11-80. 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

§§2.2-2416 and 2.2-4007.02 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-11-90

1VAC75-11-90. 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

§§2.2-2416 and 2.2-4007.02 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-11-100

1VAC75-11-100. 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

§§2.2-2416 and 2.2-4007.02 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

1VAC75-11-110

1VAC75-11-110. 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

§§2.2-2416 and 2.2-4007.02 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.