Laws and Regulations

VDDHH Regulations: Public Participation Guidelines

Virginia Administrative Code
Database updated through 17:17 Va.R. May 7, 2001

22VAC20-10-10. 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 1.1:1 (§9-6.14:1 et seq.) of Title 9 of the Code of Virginia.
• "Department" means the Department for the Deaf and Hard of Hearing.
• "Director" means the Director of the Department for the Deaf and Hard of Hearing.
• "Person" means an individual, a corporation, a partnership, an association, a governmental body, a municipal corporation, or any other legal entity.

Statutory Authority
§§9-6.14:7.1 and 63.1-85.4 of the Code of Virginia.

Historical Notes
Derived from VR245-01-01:1 §1.1; eff. July 27, 1994.

22VAC20-10-20. Purpose.
The purpose of this chapter is to provide guidelines for the involvement of the public in the development and promulgation of regulations of the Department for the Deaf and Hard of Hearing. The guidelines do not apply to regulations exempted or excluded from the provisions of the Administrative Process Act (§9-6.14:4.1 of the Code of Virginia).

Statutory Authority
§§9-6.14:7.1 and 63.1-85.4 of the Code of Virginia.

Historical Notes
Derived from VR245-01-01:1 §1.2; eff. July 27, 1994.

Part II - Mailing List

22VAC20-10-30. Composition of the mailing list.

1. The director shall maintain a list of persons or entities who have requested to be notified of the formation and promulgation of regulations.
2. Any person or entity may request to be placed on the mailing list by indicating so in writing to the director. The director may add to the list any persons or entity he believes will serve the purpose of enhancing participation in the regulatory process.
3. The director may maintain additional mailing lists for persons or entities who haverequested to be informed of specific regulatory issues, proposals, or actions.
4. The director shall periodically request those on the mailing list to indicate their desire to continue to receive documents or be deleted from the list. When mail is returned as undeliverable, individuals or organizations shall be deleted from the list.

Statutory Authority
§§9-6.14:7.1 and 63.1-85.4 of the Code of Virginia.

Historical Notes
Derived from VR245-01-01:1 §2.1; eff. July 27, 1994.

22VAC20-10-40. Documents to be sent to persons or entities on the mailing list.
Persons or entities on the mailing list described in 22VAC20-10-30 shall be mailed the following documents related to the promulgation of regulations:

1. A Notice of Intended Regulatory Action.
2. A Notice of Comment Period.
3. A copy of any final regulation adopted by the department.
4. A notice soliciting comment on a final regulation when the regulatory process has been extended.

Statutory Authority
§§9-6.14:7.1 and 63.1-85.4 of the Code of Virginia.

Historical Notes
Derived from VR245-01-01:1 §2.2; eff. July 27, 1994.

Part III - Public Participation Procedure

22VAC20-10-50. Petition for rulemaking.

• As provided in §9-6.14:7.1 of the Code of Virginia, any person may petition the director to develop a new regulation or amend an existing regulation.
• A petition shall include but need not be limited to the following:
  1. The petitioner's name, mailing address, telephone number, and, if applicable, the organization represented in the petition.
  2. The number and title of the regulation to be addressed.
  3. A description of the regulatory problem or need to be addressed.
  4. A recommended addition, deletion, or amendment to the regulation.
• The director shall receive, consider, and respond to a petition within 180 days.
• Nothing herein shall prohibit the director from receiving information from the public and proceeding on his own motion for rulemaking.

Statutory Authority
§§9-6.14:7.1 and 63.1-85.4 of the Code of Virginia.

Historical Notes
Derived from VR245-01-01:1 §3.1; eff. July 27, 1994.

22VAC20-10-60. Notice of Intended Regulatory Action.

1. The Notice of Intended Regulatory Action shall state the purpose of the action and abrief statement of the need or problem the proposed action will address.
   
2. The Notice of Intended Regulatory Action shall indicate whether the department intends to hold a public hearing on the proposed regulation after it is published. If the department does not intend to hold a public hearing, it shall state the reason in the Notice of Intended Regulatory Action.
   
3. The Notice of Intended Regulatory Action shall state that a public hearing will be scheduled, if, during the 30-day comment period, the department receives requests for a hearing from a least 25 persons.
   

Statutory Authority
§§9-6.14:7.1 and 63.1-85.4 of the Code of Virginia.

Historical Notes
Derived from VR245-01-01:1 §3.2; eff. July 27, 1994.

22VAC20-10-70. Notice of Comment Period.

1. The Notice of Comment Period shall indicate that copies of the proposed regulation are available from the department and may be requested in writing from the contact person specified in the Notice of Comment Period.
   
2. The Notice of Comment Period shall indicate that copies of the statement of substance, issues, basis, purpose, and estimated impact of the proposed regulation may also be requested in writing.

The department shall conduct a public hearing during the 60-day comment period following the publication of a proposed regulation or amendment to an existing regulation, unless, at a noticed meeting, the director determines that a hearing is not required.

Statutory Authority
§§9-6.14:7.1 and 63.1-85.4 of the Code of Virginia.

Historical Notes
Derived from VR245-01-01:1 §3.3; eff. July 27, 1994.

22VAC20-10-80. Biennial review of regulations.

1. At least once each biennium, the director shall conduct an informational proceeding to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance.
2. Such proceeding may be conducted separately or in conjunction with other informational proceedings or hearings.
3. Notice of the proceeding shall be transmitted to the Registrar of Regulations for inclusion in The Virginia Register and shall be sent to the mailing list identified in 22VAC20-10-30.

Statutory Authority
§§9-6.14:7.1 and 63.1-85.4 of the Code of Virginia.

Historical Notes
Derived from VR245-01-01:1 §3.4; eff. July 27, 1994.

Part IV - Advisory Committees

22VAC20-10-90. Appointment of committees.

1. The director may appoint an ad hoc advisory committee whose responsibility shall be to assist in the review and development of regulations for the department.
   
2. The director may appoint an ad hoc advisory committee to provide professional specialization or technical assistance when the director determines that such expertise is necessary to address a specific regulatory issue or need or when groups or individuals register an interest in working with the agency.
   

Statutory Authority
§§9-6.14:7.1 and 63.1-85.4 of the Code of Virginia.

Historical Notes
Derived from VR245-01-01:1 §4.1; eff. July 27, 1994.

22VAC20-10-100. Limitation of service.

• An advisory committee which has been appointed by the director may be dissolved by the director when:
  1. There is no response to the Notice of Intended Regulatory Action, or
  2. The director determines that the promulgation of the regulation is either exempt or excluded from the requirements of the Administrative Process Act (§9-6.14:4.1 of the Code of Virginia).
• An advisory committee shall remain in existence no longer than 12 months from its initial appointment.

If the director determines that the specific regulatory need continues to exist beyond that time, he shall set a specific term for the committee of not more than six additional months. At the end of that extended term, the director shall evaluate the continued need and may continue the committee for additional six-month terms.

Statutory Authority
§§9-6.14:7.1 and 63.1-85.4 of the Code of Virginia.

Historical Notes
Derived from VR245-01-01:1 §4.2; eff. July 27, 1994.