reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 75 - DEPARTMENT OF THE TREASURY › Chapter 40 - DEFINITIONS › Section 1VAC75-40-50 - Submission of request for administrative review

Current through Register Vol. 40, No. 24, July 15, 2024
All requests for an administrative review are required to be
				  submitted in writing and accompanied by the documentation to support the review
				  or an explanation as to why such supporting documentation is not available. No
				  request shall be denied solely on the basis that no supporting documentation is
				  available or that additional documentation may be desirable. Failure to submit
				  the request within the prescribed time period will bar administrative but not
				  judicial review of the matter.
Statutory Authority: § 55.1-2541 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 75 - DEPARTMENT OF THE TREASURY › Chapter 40 - DEFINITIONS › Section 1VAC75-40-60 - Administrative review process steps

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The request must be submitted to the administrator as agent for the State
				Treasurer within the prescribed time period.
B. The administrator will contact the
				applicant to schedule the administrative review meeting within 30 calendar days
				of the receipt of the request.
C.
				The administrative review will be held at the Department of the Treasury at an
				agreed upon time during the next 30 calendar days or at such later time as is
				mutually agreed upon by the applicant and the administrator. Prior to the
				review meeting, the applicant shall present any additional evidence and
				pertinent information supporting the basis for the request.
D. The review panel for the Department of the
				Treasury will consist of the State Treasurer or designee, the Director of
				Unclaimed Property or designee, and a representative from the Office of the
				Attorney General. A representative from the Division of Unclaimed Property
				Audit or Claims area may also participate in the administrative review meeting.
				The applicant may be assisted at the review meeting by his agent or by legal
				counsel, or both.
E. During the
				administrative review meeting, the applicant will have an opportunity to
				explain his reason for requesting a correction. Members of the State
				Treasurer's review panel may ask questions to clarify their understanding of
				the issues. There will be no examination or cross-examination of any of those
				present at the meeting. The Division of Unclaimed Property (Division) shall
				allow the applicant to make an audio recording of the administrative review
				meeting at the applicant's expense and using the applicant's
				equipment.
F. The State Treasurer's
				review panel has the ability to approve claims, correct errors and amend or
				withdraw any denial of payment letter or other written notice from the
				administrator or State Treasurer.
G. Based on the evidence and additional
				information presented during the review meeting, the State Treasurer will issue
				a written determination to the applicant within 90 days of the receipt of the
				request. The State Treasurer will notify the applicant and the administrator if
				a longer period is required. The State Treasurer's written determination will
				also advise the applicant of his right to seek judicial review pursuant to §
				55.1-2534 of the Code of Virginia.
Statutory Authority: § 55.1-2541 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 10 - 100% DISABLED VETERAN REAL PROPERTY TAX EXEMPTION › Section 1VAC80-10-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Commissioner" means the Commissioner of the Department of
				  Veterans Services.
"Department" means the Virginia Department of Veterans
				  Services.
"Dwelling" means the single structure, including any
				  permanent attachments thereto, that is the principal place of residence of the
				  qualifying veteran or surviving spouse.
"Exemption" means the exemption from real property taxes
				  authorized by subdivision (a) of Section 6-A of Article X of the Constitution
				  of Virginia and §
									58.1-3219.5 of the Code of
				  Virginia.
"Qualified veteran" is a veteran who has been rated by the
				  U.S. Department of Veterans Affairs, or any successor agency, to have a 100%
				  service-connected, permanent, and total disability. If a 100% disability rating
				  is not permanent (i.e., has not been finally adjudicated or is scheduled to be
				  reviewed at a future date), the exemption does not apply.
"Real property" is land and anything growing on it, attached
				  to it, or erected on it, excluding anything that may be severed without injury
				  to the land, and the dwelling occupied by the qualified veteran or surviving
				  spouse.
"Surviving spouse" is a spouse of any member of the armed
				  forces of the United States as determined by the U.S. Department of Defense,
				  who has been rated by the U.S. Department of Veterans Affairs, or any successor
				  agency, to have a 100% service-connected, permanent, and total
				  disability.
"VA" means the U.S. Department of Veterans Affairs or any
				  successor agency.
Statutory Authority: §
											58.1-3219.7 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 10 - 100% DISABLED VETERAN REAL PROPERTY TAX EXEMPTION › Section 1VAC80-10-20 - Real property exempt from taxation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The dwelling that is the principal
				residence of a qualified veteran, plus up to one acre of land, or more than one
				acre if a given locality has exempted such larger acreage pursuant to §
									58.1-3210 of the Code of
				Virginia, shall be exempt. The exemption extends to real property improvements
				other than a dwelling, including the land upon which such improvements are
				situated, so long as the principal use of the improvement is (i) to house or
				cover motor vehicles or household goods and other personal effects as
				classified in subdivision A 14 of §
									58.1-3503 of the Code of
				Virginia and as listed in §
									58.1-3504 of the Code of
				Virginia and (ii) for other than a business purpose.
B. Manufactured homes, as defined in §
									46.2-100 of the Code of
				Virginia, whether or not the wheels and other equipment previously used for
				mobility have been removed, shall be exempt after the qualifying veteran has
				titled the home in the Commonwealth and shown proof of ownership. Sections
				58.1-3219.5 and
				58.1-3219.9 of the Code of
				Virginia are the only instances when manufactured homes may be classified as
				real property. If the veteran does not own the land on which the manufactured
				home is located, then the land is not exempt. The veteran or spouse must meet
				all other provisions of §
									58.1-3219.5.
Statutory Authority: §
											58.1-3219.7 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 10 - 100% DISABLED VETERAN REAL PROPERTY TAX EXEMPTION › Section 1VAC80-10-30 - Full exemption; joint ownership; trusts

Current through Register Vol. 40, No. 24, July 15, 2024
A. The full exemption is authorized when the
				dwelling and land are held by a veteran alone or in conjunction with the
				veteran's spouse as tenant or tenants for life or joint lives. The exemption
				does not apply if the qualified veteran is not on the deed, except when the
				real property is held in one of the trusts listed in subsection B of this
				section.
B. The full exemption is
				authorized when the real property is held in one of the following trusts:
(i) revocable inter vivos trust over which
				the veteran or the veteran and veteran's spouse hold the power of revocation or
(ii) an irrevocable trust under
				which a veteran alone or in conjunction with veteran's spouse possesses a life
				estate or an estate for joint lives or enjoys a continuing right of use or
				support. The exemption does not apply to any other forms of trust or any
				interest held under a leasehold or term of years.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 10 - 100% DISABLED VETERAN REAL PROPERTY TAX EXEMPTION › Section 1VAC80-10-40 - Partial exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the
				veteran's 100% disability rating occurs after January 1, 2011, and the veteran
				owns a qualified primary residence on the date of the rating, then the tax
				exemption begins on the date of such rating.
B. If the qualified veteran acquires the
				property after January 1, 2011, then the exemption shall begin on the date of
				acquisition, and the previous owner may be entitled to a refund for a pro rata
				portion of real property taxes paid pursuant to §
									58.1-3360 of the Code of
				Virginia.
Statutory Authority: §
											58.1-3219.7 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 10 - 100% DISABLED VETERAN REAL PROPERTY TAX EXEMPTION › Section 1VAC80-10-50 - Surviving spouse exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				surviving spouse of a veteran eligible for the exemption shall also qualify for
				the exemption, so long as:
1. The death of the
				qualified veteran occurs on or after January 1, 2011;
2. The surviving spouse was married to the
				qualified veteran at the time of the veteran's death;
3. The surviving spouse does not remarry;
				and
4. The veteran was eligible for
				the exemption at the time of the veteran's death. This exemption is available
				even if the qualifying veteran never requested the exemption.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 10 - 100% DISABLED VETERAN REAL PROPERTY TAX EXEMPTION › Section 1VAC80-10-60 - Proration when not all owners qualify for the exemption

Current through Register Vol. 40, No. 24, July 15, 2024
In the event that the primary residence is jointly owned by
				  two or more individuals, not all of whom qualify for the exemption pursuant to
				  subsection A or B of §
									58.1-3219.5 of the Code of
				  Virginia, and no person is entitled to the exemption under this section by
				  virtue of holding the property in any of the three ways set forth in subsection
				  D of §
									58.1-3219.5 of the Code of
				  Virginia, then the exemption shall be prorated by multiplying the amount of the
				  exemption or deferral by a fraction that has as a numerator the percentage of
				  ownership interest in the dwelling held by all such joint owners who qualify
				  for the exemption pursuant to subsections A and B of §
									58.1-3219.5 of the Code of
				  Virginia, and as a denominator, 100%.
Statutory Authority: §
											58.1-3219.7 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 10 - 100% DISABLED VETERAN REAL PROPERTY TAX EXEMPTION › Section 1VAC80-10-70 - Cooperative associations

Current through Register Vol. 40, No. 24, July 15, 2024
The exemption does not apply to property owned by a
				  cooperative association or any other form of ownership in which the qualified
				  veteran does not actually own the real property other than the trusts detailed
				  in 1VAC80-10-30.
Statutory Authority: §
											58.1-3219.7 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 10 - 100% DISABLED VETERAN REAL PROPERTY TAX EXEMPTION › Section 1VAC80-10-80 - Qualified veterans and surviving spouses residing in hospitals, nursing homes, convalescent homes, or other care facilities

Current through Register Vol. 40, No. 24, July 15, 2024
If the qualified veteran or surviving spouse is residing in a
				  hospital, nursing home, convalescent home, or other facility for physical or
				  mental care for an extended period of time, the exemption will continue on the
				  property so long as such real estate is not used by or leased to others for
				  consideration.
Statutory Authority: §
											58.1-3219.7 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 10 - 100% DISABLED VETERAN REAL PROPERTY TAX EXEMPTION › Section 1VAC80-10-90 - Application

Current through Register Vol. 40, No. 24, July 15, 2024
A. A veteran
				claiming the real property tax exemption shall file with the Commissioner of
				the Revenue, or other assessing official, in the veteran's respective locality:
1. A summary of benefits letter issued by the
				VA, or its successor agency, indicating that the veteran has a 100%
				service-connected, permanent, and total disability;
2. An affidavit or application on a form
				provided by the locality that:
a. Sets forth
				the name of the veteran and the name of the spouse, if any, also occupying the
				real property;
b. Indicates whether
				the real property is jointly owned by two spouses; and
c. Certifies that the real property is
				occupied as the veteran's principal place of residence; and
3. Proof of residence occupancy
				acceptable to the applicable locality, such as a valid Virginia driver's
				license or other proof of residency acceptable to the locality.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 20 - SURVIVING SPOUSES OF SERVICE MEMBERS KILLED IN ACTION REAL PROPERTY TAX EXEMPTION › Section 1VAC80-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Commissioner" means the Commissioner of the Department of
				  Veterans Services.
"Department" means the Virginia Department of Veterans
				  Services.
"Dwelling" means the single structure, including any
				  permanent attachments thereto, that is the principal place of residence of the
				  qualifying surviving spouse.
"Exemption" means the exemption from real property taxes
				  authorized by subdivision (a) of Section 6-A of Article X of the Constitution
				  of Virginia and §
									58.1-3219.9
				  of the Code of Virginia.
"Surviving spouse" means a spouse (i) of any member of the
				  armed forces of the United States who was killed in action as determined by the
				  U.S. Department of Defense or (ii) of any member of the armed forces of the
				  United States who died of wounds as determined by the U.S. Department of
				  Defense. The surviving spouse must be able to show that the surviving spouse
				  was married to the qualifying service member at the time of the service
				  member's death.
"Real property" means land and anything growing on, attached
				  to, or erected on it, excluding anything that may be severed without injury to
				  the land, and the dwelling occupied by the qualified surviving
				  spouse.
Statutory Authority: §
											58.1-3219.11
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 20 - SURVIVING SPOUSES OF SERVICE MEMBERS KILLED IN ACTION REAL PROPERTY TAX EXEMPTION › Section 1VAC80-20-20 - Real property exempt from taxation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following is exempt from taxation: the
				dwelling that is the principal residence of a qualified surviving spouse, plus
				up to one acre of land, or more than one acre if a given locality has exempted
				such larger acreage pursuant to §
									58.1-3210
				of the Code of Virginia (exemption for elderly and handicapped). The exemption
				extends to real property improvements other than a dwelling, including the land
				upon which such improvements are situated, so long as the principal use of the
				improvement is (i) to house or cover motor vehicles or household goods and
				other personal effects as classified in subdivision A 14 of §
									58.1-3503
				of the Code of Virginia and as listed in §
									58.1-3504
				of the Code of Virginia and (ii) for other than a business purpose.
B. If the value of a dwelling is in excess of
				the average assessed value, in the locality in which it is located, as
				described in this subsection, then only that portion of the assessed value in
				excess of the average assessed value shall be subject to real property taxes,
				and the portion of the assessed value that is not in excess of the average
				assessed value shall be exempt from real property taxes.
C. Manufactured homes, as defined in §
									46.2-100 of the Code
				of Virginia, whether or not the wheels and other equipment previously used for
				mobility have been removed, shall be exempt after the qualifying surviving
				spouse has titled the home in the Commonwealth and shown proof of ownership.
				Sections
				58.1-3219.5
				and
				58.1-3219.9
				of the Code of Virginia are the only instances when manufactured homes may be
				classified as real property. If the surviving spouse does not own the land on
				which the manufactured home is located, then the land is not exempt. The spouse
				must meet all other provisions of §
									58.1-3219.9.
Statutory Authority: §
											58.1-3219.11
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 20 - SURVIVING SPOUSES OF SERVICE MEMBERS KILLED IN ACTION REAL PROPERTY TAX EXEMPTION › Section 1VAC80-20-30 - Full exemption; joint ownership trusts

Current through Register Vol. 40, No. 24, July 15, 2024
A. For purposes of this exemption, the full
				exemption is authorized when real property of any surviving spouse of a member
				of the armed forces killed in action is held in one of the following trusts:
(i) held by a surviving spouse as a tenant
				for life,
(ii) held in a revocable
				inter vivos trust over which the surviving spouse holds the power of
				revocation, or
(iii) held in an
				irrevocable trust under which the surviving spouse possesses a life estate or
				enjoys a continuing right of use or support.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 20 - SURVIVING SPOUSES OF SERVICE MEMBERS KILLED IN ACTION REAL PROPERTY TAX EXEMPTION › Section 1VAC80-20-40 - Partial exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
If the qualified surviving spouse acquires the property after
				  January 1, 2015, then the exemption shall begin on the date of acquisition, and
				  the previous owner may be entitled to a refund for a pro rata portion of real
				  property taxes paid pursuant to §
									58.1-3360
				  of the Code of Virginia.
Statutory Authority: §
											58.1-3219.11
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 20 - SURVIVING SPOUSES OF SERVICE MEMBERS KILLED IN ACTION REAL PROPERTY TAX EXEMPTION › Section 1VAC80-20-50 - Surviving spouse exemption

Current through Register Vol. 40, No. 24, July 15, 2024
The surviving spouse shall qualify for the exemption, so long
				  as:
1. The death of the qualified
				service member occurs in combat;
2.
				The surviving spouse was married to the qualified service member at the time of
				the qualified service member's death; and
3. The surviving spouse does not
				remarry.
Statutory Authority: §
											58.1-3219.11
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 20 - SURVIVING SPOUSES OF SERVICE MEMBERS KILLED IN ACTION REAL PROPERTY TAX EXEMPTION › Section 1VAC80-20-60 - Proration when not all owners qualify for the exemption

Current through Register Vol. 40, No. 24, July 15, 2024
In the event that the primary residence is jointly owned by
				  two or more individuals, not all of whom qualify for the exemption pursuant to
				  subsection A or B of §
									58.1-3219.9
				  of the Code of Virginia, and no person is entitled to the exemption under this
				  section by virtue of holding the property in any of the three ways set forth in
				  subsection D of §
									58.1-3219.9
				  of the Code of Virginia, then the exemption shall be prorated by multiplying
				  the amount of the exemption or deferral by a fraction that has as a numerator
				  the percentage of ownership interest in the dwelling held by all such joint
				  owners who qualify for the exemption pursuant to subsections A and B of §
									58.1-3219.9,
				  and as a denominator, 100%.
Statutory Authority: §
											58.1-3219.11
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 20 - SURVIVING SPOUSES OF SERVICE MEMBERS KILLED IN ACTION REAL PROPERTY TAX EXEMPTION › Section 1VAC80-20-70 - Cooperative associations

Current through Register Vol. 40, No. 24, July 15, 2024
The exemption does not apply to property owned by a
				  cooperative association or any other form of ownership in which the qualified
				  surviving spouse does not actually own the real property other than the trusts
				  detailed in 1VAC80-20-30.
Statutory Authority: §
											58.1-3219.11
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 20 - SURVIVING SPOUSES OF SERVICE MEMBERS KILLED IN ACTION REAL PROPERTY TAX EXEMPTION › Section 1VAC80-20-80 - Qualified surviving spouses residing in hospitals, nursing homes, convalescent homes, or other care facilities

Current through Register Vol. 40, No. 24, July 15, 2024
If the qualified surviving spouse is residing in a hospital,
				  nursing home, convalescent home, or other facility for physical or mental care
				  for an extended period of time, the exemption will continue on the property so
				  long as such real estate is not used by or leased to others for
				  consideration.
Statutory Authority: §
											58.1-3219.11
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 20 - SURVIVING SPOUSES OF SERVICE MEMBERS KILLED IN ACTION REAL PROPERTY TAX EXEMPTION › Section 1VAC80-20-90 - Application

Current through Register Vol. 40, No. 24, July 15, 2024
A. A surviving
				spouse, pursuant to §
									58.1-3219.9
				of the Code of Virginia,claiming the real property tax exemption shall file
				with the Commissioner of the Revenue, or other assessing official, in the
				surviving spouse's respective locality:
1. A
				DD-1300 death certification, issued by the U.S. Department of Defense (DOD), or
				its successor agency, to confirm date of death and indicating that the service
				member was killed in action as determined by the DOD. For purposes of this
				section, such determination of "killed in action" includes a determination by
				the DOD of "died of wounds received in action";
2. An affidavit or application on a form
				provided by the locality that:
a. Sets forth
				the name of the deceased service member and the name of the spouse;
b. Indicates whether or not the real property
				is jointly owned by the two spouses; and
c. Certifies that the real property is
				occupied as the surviving spouse's principal place of residence;
3. Proof of residence occupancy
				acceptable to the applicable locality, such as a valid Virginia driver's
				license, or other proof of residency acceptable to the locality; and
4. A certificate of marriage from the
				appropriate state office of records.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 80 - DEPARTMENT OF VETERANS SERVICES › Chapter 20 - SURVIVING SPOUSES OF SERVICE MEMBERS KILLED IN ACTION REAL PROPERTY TAX EXEMPTION › Section 1VAC80-20-100 - Informal requests for information; formal appeals process

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner
				will provide written guidance to, and respond to requests for information from,
				Commissioners of the Revenue, other assessing officials, or surviving spouses,
				regarding the exemption, including interpretation of the provisions of
				subdivision (a) of Section 6-A of Article X of the Constitution of Virginia and
				the implementing statutes. Such requests may be by phone or in writing. Request
				for an appeal must be in writing.
B. The commissioner does not have the
				authority to answer questions regarding the assessed value of any property.
				Such questions should be answered solely by the surviving spouse's respective
				Commissioner of Revenue or other assessing official.
C. A surviving spouse desiring to appeal a
				denial of an application for exemption by a Commissioner of the Revenue or
				other assessing official shall send a written request for appeal and the
				document from the surviving spouse's respective Commissioner of Revenue or
				other assessing official denying the surviving spouse's application:
1. Via email to john.newby@dvs.virginia.gov;
				carrieann.alford@dvs.virginia.gov with a subject line that states ATTN: Tax
				Exemption - APPEAL; or
2. Via U.S.
				mail or delivery to Commissioner, Virginia Department of Veterans Services,
				ATTN: Tax Exemption - APPEAL, 101 North 14th Street, 17th Floor, Richmond, VA
				23219.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 2VAC5-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Board of Agriculture and Consumer Services or the Department of Agriculture and
					 Consumer Services. 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 3.2-109 of the Code of
						Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 2VAC5-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
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 3.2-109 of the Code of
						Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 2VAC5-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  2VAC5-11-30, 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 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 2VAC5-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 2VAC5-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 2VAC5-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 2VAC5-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 2VAC5-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
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 §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 3.2-109 of the Code of
						Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 2VAC5-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 2VAC5-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 20 - STANDARDS FOR CLASSIFICATION OF REAL ESTATE AS DEVOTED TO AGRICULTURAL USE AND TO HORTICULTURAL USE UNDER THE VIRGINIA LAND USE ASSESSMENT LAW › Section 2VAC5-20-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The Commissioner of Agriculture and Consumer Services adopts
				  these Standards for Classification of Real Estate as Devoted to Agricultural
				  Use and to Horticultural Use under the Virginia Land Use Assessment Law
				  to:
1. Encourage the proper use of
				real estate in order to assure a readily available source of agricultural,
				horticultural, and forest products and of open space within reach of
				concentrations of population.
2.
				Conserve natural resources in forms that will prevent erosion.
3. Protect adequate and safe water
				supplies.
4. Preserve scenic
				natural beauties and open spaces.
5. Promote proper land-use planning and the
				orderly development of real estate for the accommodation of an expanding
				population.
6. Promote a balanced
				economy and ease pressures that force the conversion of real estate to more
				intensive uses.
The real estate must meet all of the standards in this
				  chapter to qualify for agricultural or for horticultural use.
Statutory Authority: §
											58.1-3230
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 20 - STANDARDS FOR CLASSIFICATION OF REAL ESTATE AS DEVOTED TO AGRICULTURAL USE AND TO HORTICULTURAL USE UNDER THE VIRGINIA LAND USE ASSESSMENT LAW › Section 2VAC5-20-20 - Current use

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant
				shall certify that the real estate sought to be qualified currently meets one
				or more of the following requirements:
1. Be
				devoted to the bona fide production for sale of plants or animals that are
				useful to man;
2. Be devoted to the
				bona fide production for sale of products that are useful to man and that are
				made on the real estate from plants or animals produced on the real
				estate;
3. Be devoted to the bona
				fide production for sale of fruit of all kinds, including grapes, nuts, and
				berries;
4. Be devoted to the bona
				fide production for sale of vegetables;
5. Be devoted to the bona fide production for
				sale of nursery or floral products;
6. Be devoted to the bona fide production for
				sale of plants or products directly produced on such real estate from fruits,
				vegetables, nursery or floral products, or plants produced on such real estate;
				or
7. Be devoted to and meet the
				requirements and qualifications for payments or other compensation pursuant to
				a soil and water conservation program under an agreement with an agency of the
				state or federal government.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 20 - STANDARDS FOR CLASSIFICATION OF REAL ESTATE AS DEVOTED TO AGRICULTURAL USE AND TO HORTICULTURAL USE UNDER THE VIRGINIA LAND USE ASSESSMENT LAW › Section 2VAC5-20-30 - Conservation of land resources; management and production

Current through Register Vol. 40, No. 24, July 15, 2024
A. Conservation of land resources. The
				applicant shall certify that the real estate is being used in a planned program
				of practices that:
1. With respect to real
				estate devoted to a use that disturbs the soil or that affects water quality,
				is intended to (in the case of soil) reduce or prevent soil erosion and (in the
				case of water) improve water quality by best management practices such as
				terracing, cover cropping, strip cropping, no-till planting, sodding waterways,
				diversions, water impoundments, and other best management practices, to the
				extent that best management practices exist for that use of the real
				estate.
2. With respect to real
				estate devoted to crops grown in the soil, is intended to maintain soil
				nutrients by the application of soil nutrients (organic and inorganic) needed
				to produce average yields of such crops or as recommended by soil
				tests.
3. Is intended to control
				brush, woody growth, and noxious weeds on row crops, hay, and pasture by the
				use of herbicides, biological controls, cultivation, mowing, or other normal
				cultural practices.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 20 - STANDARDS FOR CLASSIFICATION OF REAL ESTATE AS DEVOTED TO AGRICULTURAL USE AND TO HORTICULTURAL USE UNDER THE VIRGINIA LAND USE ASSESSMENT LAW › Section 2VAC5-20-40 - Certification procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Documentation. The commissioner of the revenue or the local assessing officer
				may require the applicant to document what the applicant must certify pursuant
				to
				2VAC5-20-20
				and
				2VAC5-20-30.
				The commissioner of the revenue or local assessing officer may find one of the
				following documents useful in making his determination:
1. The assigned USDA/Farm Service Agency farm
				number and evidence of participating in a federal farm program;
2. Federal tax forms (1040F) Farm Expenses
				and Income, (4835) Farm Rental Income and Expenses, or (1040E) Cash Rent for
				Agricultural Land;
3. A
				conservation farm management plan prepared by a professional;
4. Documentation demonstrating that the real
				estate sought to be qualified currently is devoted to the bona fide production
				for sale of one of the requirements in
				2VAC5-20-20
				A 1 through A 6; or
5.
				Documentation demonstrating that the real estate sought to be qualified
				currently is devoted to and meeting the requirements and qualifications for
				payments or other compensation pursuant to a soil and water conservation
				program under an agreement with a federal government or state government
				agency.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 30 - RULES AND REGULATIONS PERTAINING TO REPORTING REQUIREMENTS FOR CONTAGIOUS AND INFECTIOUS DISEASES OF LIVESTOCK AND POULTRY IN VIRGINIA › Section 2VAC5-30-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 3.2-6001 and 3.2-6002 of
					 the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 30 - RULES AND REGULATIONS PERTAINING TO REPORTING REQUIREMENTS FOR CONTAGIOUS AND INFECTIOUS DISEASES OF LIVESTOCK AND POULTRY IN VIRGINIA › Section 2VAC5-30-20 - Reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Any person practicing veterinary medicine, any person or
				  firm operating a laboratory for the diagnosis of livestock or poultry diseases,
				  and any other reporting entity designated by the State Veterinarian within the
				  Commonwealth of Virginia shall report within 24 hours to the State Veterinarian
				  or a veterinarian in the employ of the Virginia Department of Agriculture and
				  Consumer Services (VDACS) the existence of an emerging disease of livestock or
				  poultry or any other disease of livestock or poultry known to him listed in
				  2VAC5-30-30. Reports ma y be filed electronically in a manner specified by
				  VDACS, including, but not limited to, electronic mail or by completing any
				  forms provided online by VDACS.
Statutory Authority: §§ 3.2-6001 and 3.2-6002 of
					 the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 30 - RULES AND REGULATIONS PERTAINING TO REPORTING REQUIREMENTS FOR CONTAGIOUS AND INFECTIOUS DISEASES OF LIVESTOCK AND POULTRY IN VIRGINIA › Section - DOCUMENTS INCORPORATED BY REFERENCE (2VAC5-30)

Current through Register Vol. 40, No. 24, July 15, 2024
Terrestrial
				  Animal Health Code, 24th edition, effective July 20, 2015, World Organisation
				  for Animal Health (OIE), http://www.oie.int/en/
Statutory Authority: §§ 3.2-6001 and 3.2-6002 of
					 the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 40 - RULES AND REGULATIONS GOVERNING THE PREVENTION, CONTROL AND ERADICATION OF BOVINE TUBERCULOSIS IN VIRGINIA › Section 2VAC5-40-10 - Report of testing; permanent identification of passed cattle

Current through Register Vol. 40, No. 24, July 15, 2024
A report shall be submitted within 10 days to the State
				  Veterinarian by any person making a tuberculin test of cattle in Virginia. All
				  cattle satisfactorily passing an approved test within the Commonwealth of
				  Virginia shall be identified by an official state pass tag, unless such cattle
				  carry an official tag of some other state, or another permanent method of
				  identification which is recognized by the State Veterinarian.
Statutory Authority
§§ 3.2-6002 and 3.2-6004 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 40 - RULES AND REGULATIONS GOVERNING THE PREVENTION, CONTROL AND ERADICATION OF BOVINE TUBERCULOSIS IN VIRGINIA › Section 2VAC5-40-20 - Method of testing

Current through Register Vol. 40, No. 24, July 15, 2024
Official tuberculin tests may be applied by the intradermal
				  (caudal fold), single cervical and comparative cervical methods. An official
				  tuberculin test shall be applied by a veterinarian regularly employed by the
				  Commonwealth of Virginia or federal government, a county or municipality, or an
				  accredited veterinarian. The comparative cervical tests shall be performed only
				  by an approved state or federal veterinarian.
Statutory Authority
§§ 3.2-6002 and 3.2-6004 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 40 - RULES AND REGULATIONS GOVERNING THE PREVENTION, CONTROL AND ERADICATION OF BOVINE TUBERCULOSIS IN VIRGINIA › Section 2VAC5-40-30 - Identification and reporting of reactor animals

Current through Register Vol. 40, No. 24, July 15, 2024
Cattle reacting to the tuberculin test or cattle found by
				  clinical examination to be infected with tuberculosis shall be effectively
				  branded with the letter "T" not less than two inches high on the left jaw,
				  tagged with a metal tag bearing the inscription "Virginia Reactor" and a serial
				  number in the left ear, and reported within 10 days to the State
				  Veterinarian.
Statutory Authority
§§ 3.2-6002 and 3.2-6004 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 40 - RULES AND REGULATIONS GOVERNING THE PREVENTION, CONTROL AND ERADICATION OF BOVINE TUBERCULOSIS IN VIRGINIA › Section 2VAC5-40-40 - Disposition of tuberculin injected cattle awaiting final evaluation; handling of reactors

Current through Register Vol. 40, No. 24, July 15, 2024
No cattle which are waiting for evaluation after being
				  injected with tuberculin and no positive reacting cattle shall be removed from
				  the premises where tested, except as follows: All reactors shall be segregated
				  and kept from contact with all other cattle on the premises, and no reactors
				  shall be removed from the boundaries where confined without a permit from the
				  State Veterinarian.
Statutory Authority
§§ 3.2-6002 and 3.2-6004 of the Code of
					 Virginia.