4 Va. Admin. Code § 20-340-30 - Public participation procedures
A. The division shall establish and maintain
a list or lists consisting of persons expressing an interest in the adoption,
amendment, or repeal of chapters. Any person wishing to be placed on any list
may do so by writing the agency. In addition, the agency, at its discretion,
may add to any list any person, organization or publication it believes will be
interested in participating in the promulgation of chapters. Individuals and
organizations may be periodically requested to indicate their desire to
continue to receive documents or be deleted from a list. Individuals and
organizations may be deleted from any list at the request of the individual or
organization, or at the discretion of the agency when mail is returned as
undeliverable.
B. Whenever the
commission so directs or upon its own initiative, the division may commence the
chapter adoption process and proceed to draft a proposal according to these
procedures.
C. The division shall
use the participatory approach to assist in the development of the proposal or
use one of the following alternatives:
1.
Proceed without using the participatory approach if the commission specifically
authorizes the division to proceed without using the participatory
approach.
2. Include in the Notice
of Intended Regulatory Action (NOIRA) a statement inviting comment on whether
the division should use the participatory approach to assist the division in
the development of the proposal. If the division receives written responses
from at least five persons during the associated comment period indicating that
the division should use the participatory approach, the division will use the
participatory approach requested. Should different approaches be requested, the
commissioner shall determine the specific approach to be utilized.
D. The division shall issue a
NOIRA whenever it considers the adoption, amendment or repeal of any chapter.
1. The NOIRA shall include at least the
following:
a. A description of the subject
matter of the planned chapter;
b. A
description of the intent of the planned chapter;
c. A brief statement as to the need for
regulatory action;
d. A brief
description of alternatives available, if any, to meet the need;
e. A request for comments on the intended
regulatory action, to include any ideas to assist the division in development
of any proposal;
f. A request for
comments on the costs and benefits of the stated alternatives or other
alternatives;
g. A statement of the
division's intent to hold at least one public hearing on the proposed chapter
after it is published in The Virginia Register of Regulations; and
h. A statement inviting comment on whether
the division should use the participatory approach to assist the division in
the development of any proposal. Including this statement shall only be
required when the division makes a decision to pursue the alternative provided
in subdivision C 2 of this section.
2. The division shall hold at least one
public meeting whenever it considers the adoption, amendment or repeal of any
chapter unless the commission specifically authorizes the division to proceed
without holding a public meeting.
In those cases where public meeting will be held, the NOIRA shall also include the date, not to be less than 30 days after publication in The Virginia Register of Regulations, time and place of the public meeting.
3. The public
comment period for NOIRA's under this section shall be no less than 30 days
after publication of the NOIRA in The Virginia Register of
Regulations.
E. The
division shall disseminate the NOIRA to the public via the following:
1. Distribution to the Registrar of
Regulations for publication in The Virginia Register of Regulations.
2. Distribution by mail to persons on the
list established under subsection A of this section.
F. After consideration of public input, the
division may complete the draft proposed chapter and any supporting
documentation required for review. If the participatory approach is being used,
the draft chapter shall be developed in consultation with the participants. A
summary or copies of the comments received in response to the NOIRA shall be
distributed to the participants during the development of the draft chapter.
This summary or copies of the comments received in response to the NOIRA shall
also be distributed to the commission.
G. Upon approval of the draft proposed
chapter by the commission, the division shall publish a Notice of Public
Comment (NOPC) and the proposal for public comment.
H. The NOPC shall include at least the
following:
1. The notice of the opportunity
to comment on the proposed chapter, location where copies of the draft may be
obtained, and name, address and telephone number of the individual to contact
for further information about the proposed chapter.
2. A request for comments on the costs and
benefits of the proposal.
3. The
identity of any locality particularly affected by the proposed
chapter.
4. A statement that an
analysis of the following has been conducted by the division and is available
to the public upon request:
a. Statement of
purpose: the rationale or justification for the new provisions of the chapter,
from the standpoint of the public's health, safety or welfare.
b. Estimated impact.
(1) Projected number and types of regulated
entities or persons affected;
(2)
Projected cost, expressed as a dollar figure or range, to regulated entities
(and to the public, if applicable) for implementation and compliance. In those
instances where the division is unable to quantify projected costs, it shall
offer qualitative data, if possible, to help define the impact of the chapter.
Such qualitative data shall include, if possible, an example or examples of the
impact of the proposed chapter on typical member of the regulated
community.
(3) Projected cost to
the agency for implementation and enforcement.
(4) The beneficial impact the chapter is
designed to produce.
c.
An explanation of need for the proposed chapter and potential consequences that
may result in the absence of the chapter.
d. An estimate of the impact of the proposed
chapter upon small businesses, as defined in § 9-199 of the Code of
Virginia, or organizations in Virginia.
e. A description of provisions of the
proposed chapter which are more restrictive than applicable federal
requirements, together with the reason why the more restrictive provisions are
needed.
f. A discussion of
alternative approaches that were considered to meet the need the proposed
chapter addresses, and a statement as to whether the agency believes that the
proposed chapter is the least burdensome alternative to the regulated community
that fully meets the stated purpose of the proposed chapter.
g. A schedule setting forth when, within two
years after the effective date of the chapter, the agency will evaluate it for
effectiveness and continued need.
5. The time, date and location of at least
one public hearing held in conformance with § 9-6.14:7.1 of the Code of
Virginia to receive comments on the proposed chapter. The public hearing may be
held at any time during the public comment period and, whenever practicable, no
less than 15 days prior to the close of the public comment period. In those
cases in which the commission elects to conduct a formal hearing, the notice
shall indicate that the formal hearing will be held in accordance with §
9-6.14:8 of the Code of Virginia. The public hearing may be held in such
location as the commission determines will best facilitate input from
interested persons.
I.
The public comment period shall close no less than 60 days after publication of
the NOPC in The Virginia Register of Regulations.
J. The division shall disseminate the NOPC to
the public via the following:
1. Distribution
to the Registrar of Regulations for:
a.
Publication in The Virginia Register of Regulations.
b. Publication in a newspaper of general
circulation published at the state capital and such other newspapers as the
agency may deem appropriate.
2. Distribution by mail to persons on the
list established under subsection A of this section.
K. The division shall prepare a summary of
comments received in response to the NOPC and the division's response to the
comments received. The division shall send a draft of the summary of comments
to all public commenters on the proposed chapter at least five days before
final adoption of the chapter. The division shall submit the summary and agency
response and, if requested, submit the full comments to the commission. The
summary, the agency response, and the comments shall become a part of the
agency file and after final action on the chapter by the commission, made
available upon request, to interested persons.
L. If the division determines that the
process to adopt, amend or repeal any chapter should be terminated after the
approval of the draft chapter by the commission, the division shall present to
the commission for their consideration a recommendation and rationale for the
withdrawal of the proposed chapter.
M. Completion of the remaining steps in the
adoption process shall be carried out in accordance with the Administrative
Process Act.
Notes
Statutory Authority
§§ 2.2-4007 and 28.2-103 of the Code of Virginia.
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