reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part I - Commission on Local Government › Section 1VAC50-20-10 - Principal duties

Current through Register Vol. 40, No. 24, July 15, 2024
The commission is charged with reviewing proposed
					 annexations, other local boundary change issues, petitions for partial
					 immunity, local government transitions, and interlocal agreements and with
					 assisting other interlocal concerns for the purpose of maintaining the
					 Commonwealth's local governments as viable communities in which their citizens
					 can live.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part I - Commission on Local Government › Section 1VAC50-20-40 - Officers

Current through Register Vol. 40, No. 24, July 15, 2024
The commission shall elect from its membership at its
					 regular January meeting, or as soon thereafter as possible, a n chair and a
					 vice n chair, who shall serve terms of one year, or until their successors are
					 elected. In the event of a vacancy occurring in the office of n chair or vice
					 chair, for any cause, the commission shall fill the same by election for the
					 unexpired term. The n chair shall preside at all meetings, presentations, and
					 public hearings held by the commission unless absent. In the absence of the n
					 chair, the vice n chair shall preside at any meeting or other assembly of the
					 commission and shall exercise all powers and duties of the n chair. In the
					 event that the n chair and vice n chair are absent for a meeting or other
					 assembly of the commission, the remaining members of the commission shall elect
					 a temporary n chair who shall exercise all powers and duties of the n chair for
					 the duration of the meeting or assembly.
Statutory Authority: §
												15.2-2903
						of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part I - Commission on Local Government › Section 1VAC50-20-50 - Powers and duties of n chair

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to any other powers or duties placed upon the n
					 chair by law, this chapter, or other action of the commission, the n chair
					 shall be authorized to:
1. Request one
				  or more members of the commission or its staff to represent the commission
				  before local governing bodies, before state agencies and legislative
				  committees, or before any other entity where the representation of the
				  commission is requested or where the n chair deems appropriate;
2. Select or change sites for oral
				  presentations and public hearings;
3. Defer and reschedule issues the n chair
				  deems appropriate upon consultation with the commission;
4. Act on behalf of the commission in efforts
				  to resolve disputes between the parties to an issue relative to the production
				  and sharing of data, or with respect to related concerns bearing on the
				  commission's review of an issue; and
5. Establish upon consultation with the
				  parties an equitable distribution of time for public presentations and to make
				  other arrangements the n chair deems appropriate and consistent with the
				  requirements of law and this chapter for the conduct of the commission's oral
				  presentations and public hearings.
Statutory Authority: §
												15.2-2903
						of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part I - Commission on Local Government › Section 1VAC50-20-100 - Canons of conduct

Current through Register Vol. 40, No. 24, July 15, 2024
The commission shall adopt, and may from time to time
					 amend, Canons of Conduct regarding members' conduct and their relations with
					 parties and their agents. Officials and agents of parties with issues before
					 the commission shall be expected to obtain and review a copy of the Canons of
					 Conduct.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part I - Commission on Local Government › Section 1VAC50-20-110 - Staff

Current through Register Vol. 40, No. 24, July 15, 2024
The commission shall have a staff consisting of an
					 executive director, who shall be appointed by the Governor and confirmed by the
					 General Assembly, and other employees as are needed and authorized by
					 law.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part II - General Administration › Section 1VAC50-20-140 - Regular meetings

Current through Register Vol. 40, No. 24, July 15, 2024
The commission shall fix the time and place for holding
					 regular meetings, which shall be held at least once every two months. Changes
					 in the schedule and location of the regular meetings may be made by the
					 commission, but the changes shall be duly announced in the Virginia Register of
					 Regulations published by the Virginia Code Commission and posted on the
					 Virginia Regulatory Town Hall.
Statutory Authority: §
												15.2-2903
						of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part II - General Administration › Section 1VAC50-20-142 - Special meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Special meetings of the commission may be called by any
					 member on such occasions as may be reasonably necessary to carry out the duties
					 of the commission. Except in instances where a special meeting is scheduled at
					 a regular meeting, the n chair shall cause to be mailed - including by
					 electronic means - to all members, at least five days in advance of a special
					 meeting, a written notice specifying the time, place, and purpose of the
					 special meeting. Notice of special meetings shall be announced appropriately on
					 the Virginia Regulatory Town Hall and on a calendar maintained by the
					 Commonwealth .
Statutory Authority: §
												15.2-2903
						of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part II - General Administration › Section 1VAC50-20-150 - Minutes of meetings and hearings

Current through Register Vol. 40, No. 24, July 15, 2024
Minutes shall be recorded for each public meeting held by
					 the commission. The minutes shall include a brief summary of comments on major
					 issues under consideration and concise and specific statements of all action
					 taken by the commission. The minutes shall be provided to each commission
					 member for reading and editing prior to approval at a subsequent commission
					 meeting. There need be no actual reading of the minutes at the meeting, but a
					 vote shall be taken for the formal approval of the minutes as written or
					 amended. Copies of the minutes of public meetings shall be made available to
					 any interested party at a price sufficient to cover the expense incurred or on
					 the Virginia Regulatory Town Hall and the commission's Internet
					 webpage.
Statutory Authority: §
												15.2-2903
						of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part II - General Administration › Section 1VAC50-20-160 - Executive sessions or meetings

Current through Register Vol. 40, No. 24, July 15, 2024
The commission, its panels, or its members and staff may
					 hold and conduct executive sessions or meetings as may be necessary for
					 mediation and negotiations, for deliberations, or for other appropriate
					 purposes.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part II - General Administration › Section 1VAC50-20-170 - Confidentiality of proceedings and submissions

Current through Register Vol. 40, No. 24, July 15, 2024
All testimony, statements, exhibits, documents, or other
					 evidence submitted to the commission by the parties in conjunction with its
					 legally prescribed public meetings, presentations, or hearings shall be subject
					 to disclosure by the commission under the provisions of the Virginia Freedom of
					 Information Act. All other materials, including the testimony, statements,
					 exhibits, documents, or other evidence submitted to the commission pursuant to
					 executive deliberations, negotiations, or mediation which the commission is
					 authorized by law to conduct, shall be treated as confidential and shall not be
					 subject to disclosure by the commission nor by the parties involved in
					 executive proceedings except by agreement of the commission and all parties to
					 the proceedings.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part III - Mandatory Commission Reviews › Section 1VAC50-20-384 - Determination of continued eligibility for city status

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commission shall review each decennial
				  census of population released by the United States Bureau of the Census to
				  determine whether any city has failed to meet the criteria for city status
				  established by Article VII, Section 1 of the Constitution of Virginia. In any
				  instance where the census indicates that a city may not meet the constitutional
				  criteria, the commission shall conduct an investigation of the city's
				  population, assets, liabilities, rights, and obligations and shall certify its
				  findings to the governing body of such city.
B. In the conduct of its investigation, the
				  commission shall request the assistance of the city in the provision of
				  relevant data and information. The city may submit as much data, exhibits,
				  documents, or other material as it deems appropriate; however, the submissions
				  should be responsive to all relevant elements of
				  1VAC50-20-614.
Statutory Authority: §
												15.2-2903
						of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part IV - Information, Data, and Factors Relative to Mandatory Commission Reviews › Section 1VAC50-20-550 - Partial county immunity

Current through Register Vol. 40, No. 24, July 15, 2024
In developing its findings of fact and recommendations with
					 respect to a proposed petition for partial immunity, the commission shall
					 consider the information, data, and factors listed in this section. Any county
					 filing notice with the commission that it proposes to seek immunity for a
					 portion of its territory shall submit with the notice data and other evidence
					 responsive to each element listed in this section that it deems relevant to the
					 proposed petition for partial immunity.
1. A written metes and bounds description of
				  the area for which immunity is sought having, as a minimum, sufficient
				  certainty to enable a layman to identify the proposed immunity areas. The
				  description may make reference to readily identifiable monuments such as public
				  roads, rivers, streams, railroad rights of way, and similar discernible
				  physical features.
2. A map or maps
				  showing:
(i) the boundaries of the area
				  proposed for immunity and their geographic relationship to existing political
				  boundaries;
(ii) identifiable
				  unincorporated communities;
(iii)
				  major streets, highways, schools, and other major public facilities;
(iv) significant geographic features,
				  including mountains and bodies of water;
(v) existing uses of the land, including
				  residential, commercial, industrial, and agricultural; and
(vi) information deemed relevant as to the
				  possible future use of the property within the area for which immunity is
				  sought.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part IV - Information, Data, and Factors Relative to Mandatory Commission Reviews › Section 1VAC50-20-570 - Town incorporation

Current through Register Vol. 40, No. 24, July 15, 2024
In developing its findings of fact and recommendations with
					 respect to a proposed town incorporation, the commission shall consider the
					 information, data, and factors listed in this section. Parties filing notice
					 with the commission that they propose to have a community incorporated as a
					 town, or whose petition for incorporation has been referred to the commission
					 by the court pursuant to §
										15.2-3601
					 of the Code of Virginia, shall submit with such notice or subsequent to the
					 court referral data and other evidence responsive to each element listed in
					 this section that they deem relevant to the proposed incorporation.
1. A petition signed by not fewer than 100
				  duly qualified voters residing within the boundaries of the proposed town
				  supporting the proposed incorporation.
2. A written metes and bounds description of
				  the area proposed for incorporation as a town having, as a minimum, sufficient
				  certainty to enable a layman to identify the proposed town boundary. The
				  description may make reference to readily identifiable monuments such as public
				  roads, rivers, streams, railroad rights of way, and similar discernible
				  physical features.
3. A map showing
				  (i) the boundaries of the proposed town and their relationship to existing
				  political boundaries; (ii) identifiable unincorporated communities; (iii) major
				  streets, highways, schools, and other major public facilities; (iv) significant
				  geographic features, including mountains and bodies of water; and (v) existing
				  uses of the land, including residential, commercial, industrial, and
				  agricultural.
4. A land-use table
				  showing both the acreage and percentage of land currently devoted to the
				  various categories of land use in the area proposed for
				  incorporation.
5. The past, the
				  estimated current, and the projected population of the area proposed for
				  incorporation and the county within which the town would be situated.
6. Information indicating (i) why the
				  proposed incorporation is desired and in the interest of the inhabitants; (ii)
				  how the general good of the community is served by the incorporation; and (iii)
				  why the services needed within the proposed town cannot be provided by the
				  establishment of a sanitary district, through the extension of existing county
				  services, or by other arrangements provided by law.
7. The commission shall endeavor to assist
				  communities contemplating or involved in proposed town incorporations by
				  identifying additional data elements considered by the commission to be
				  relevant in the disposition of incorporation issues.
Statutory Authority: §
												15.2-2903
						of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part IV - Information, Data, and Factors Relative to Mandatory Commission Reviews › Section 1VAC50-20-580 - Town-city transitions

Current through Register Vol. 40, No. 24, July 15, 2024
In developing its findings of fact and recommendations with
					 respect to a proposed town to city transition, the commission shall consider
					 the information, data, and factors listed in this section. Any town filing
					 notice with the commission that it proposes to become a city shall submit with
					 the notice data and other evidence responsive to each element listed in this
					 section that it deems relevant to the proposed transition.
1. A written metes and bounds description of
				  the boundaries of the proposed city having, as a minimum, sufficient certainty
				  to enable a layman to identify the proposed city boundary. The description may
				  make reference to readily identifiable monuments such as public roads, rivers,
				  streams, railroad rights of way, and similar discernible physical
				  features.
2. A map or maps showing:
(i) the boundaries of the proposed city and
				  their geographic relationship to existing political boundaries;
(ii) identifiable unincorporated communities;
(iii) major streets, highways,
				  schools, and other major public facilities;
(iv) significant geographic features,
				  including mountains and bodies of water;
(v) existing uses of the land, including
				  residential, commercial, industrial, and agricultural; and
(vi) information deemed relevant as to the
				  possible future use of the property within the proposed city.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part IV - Information, Data, and Factors Relative to Mandatory Commission Reviews › Section 1VAC50-20-600 - Boundary line adjustment

Current through Register Vol. 40, No. 24, July 15, 2024
In developing its findings of fact and recommendations with
					 respect to a proposed boundary line adjustment, the commission shall consider
					 the information, data, and factors listed in this section. The localities
					 petitioning for a boundary line adjustment under the provisions of § 15.2-3109
					 of the Code of Virginia shall, separately or jointly, at the time they initiate
					 such petition to the court, submit to the commission data and other evidence
					 responsive to each element listed in this section that is relevant to the
					 boundary line adjustment.
1. A written
				  metes and bounds description of the precise segment of the boundary for which
				  an adjustment is sought having, as a minimum, sufficient certainty to enable a
				  layman to identify the boundary segment in question. The description may make
				  reference to readily identifiable monuments such as public roads, rivers,
				  streams, railroad rights of way, and similar discernible physical
				  features.
2. A map or maps showing:
(i) the precise segment of the boundary that
				  the parties agree should be adjusted;
(ii) identifiable unincorporated communities;
(iii) major streets, highways,
				  schools, and other major public facilities;
(iv) significant geographic features,
				  including mountains and bodies of water;
(v) existing uses of the land, including
				  residential, commercial, industrial, and agricultural; and
(vi) information deemed relevant as to the
				  possible future use of the land.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part IV - Information, Data, and Factors Relative to Mandatory Commission Reviews › Section 1VAC50-20-614 - Determination of continued eligibility for city status

Current through Register Vol. 40, No. 24, July 15, 2024
In undertaking its investigation with respect to whether a
					 city continues to meet the requirements for city status as prescribed by
					 Article VII, Section 1 of the Constitution of Virginia, the commission shall
					 consider the information and data listed in this section. Any city subject to
					 investigation as prescribed by Chapter 40 (§
										15.2-4000
					 et seq.) of Title 15.2 of the Code of Virginia shall be requested to submit
					 information and data responsive to each element listed in this section and any
					 other information and data as the city deems relevant to the continued
					 eligibility for city status.
1. Any
				  official correspondence with the United States Bureau of the Census regarding
				  the accuracy of the most recent United States decennial census of the
				  population of the city under investigation.
2. Any data or other evidence produced by the
				  city under investigation or any other entity bearing on the accuracy of the
				  most recent United States decennial census of the population of the city under
				  investigation.
3. Any data or other
				  evidence produced by the city under investigation or any other entity
				  indicating the current population and projected future population of the city
				  under investigation.
4. Contingent
				  upon the commission's findings with respect to the population of the city under
				  investigation, a listing of all of the city's assets, liabilities, rights, and
				  obligations.
5. The commission's
				  staff shall endeavor to assist the city under investigation by identifying
				  additional data elements considered by the commission to be relevant to the
				  continued eligibility for city status.
Statutory Authority: §
												15.2-2903
						of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part IV - Information, Data, and Factors Relative to Mandatory Commission Reviews › Section 1VAC50-20-616 - Order defining a town's future annexation rights

Current through Register Vol. 40, No. 24, July 15, 2024
In developing its order defining the future annexation
					 rights of a town pursuant to § 15.2-3234 of the Code of Virginia, the
					 commission shall consider the information, data, and factors listed in this
					 section. Any petition referred to the commission requesting an order
					 establishing a town's future annexation rights should be accompanied by data
					 and other evidence responsive to each element listed in this section that the
					 town deems relevant to the issue.
1.
				  Information regarding the inability of the town and the county to reach a
				  voluntary agreement as to the future annexation rights of the town.
2. Terms and conditions of a proposed order
				  establishing the town's future annexation rights.
3. Data and evidence responsive to the
				  relevant provisions of
				  1VAC50-20-540.
4. The commission's staff shall endeavor to
				  assist localities involved in proceedings concerning an order defining a town's
				  future annexation rights by identifying additional data elements considered by
				  the commission to be relevant in the disposition of such issues.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part V - Formal Commission Reviews › Section 1VAC50-20-640 - Conclusion of mandatory reviews

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The commission may request or authorize the parties to an issue to submit, at a
				  time established by the commission, a written concluding argument with proposed
				  findings and recommendations.
B.
				  The commission shall not accept for consideration or for inclusion in the
				  record of a case any document, exhibit, or other material submitted after the
				  date established by it for the close of the record. This regulation shall not
				  preclude the commission's acceptance of data or information from any party at
				  any time which has been solicited by the commission or its staff.
C. The commission shall prepare an official
				  record of all proceedings before it of such a nature and in such a manner as it
				  deems appropriate.
D. The
				  commission shall submit a written report on the issues presented to it in the
				  manner and at such time as provided by law. The reports shall set forth
				  findings of fact and recommendations on both the merits of a proposed action
				  and, where appropriate and feasible, the financial aspects thereof. Copies of
				  reports shall be made available to the parties and to members of the public
				  requesting such. The commission may charge a fee for copies of its reports in
				  an amount sufficient to cover the cost of duplication, shipping, and
				  handling.
E. Subsequent to its
				  review of a petition submitted by a town under the authority of § 15.2-3234 of
				  the Code of Virginia, and based upon the applicable statutory standards, the
				  commission shall enter an order granting annexation rights to the town. The
				  order may grant the town annexation rights upon the terms proposed by the town
				  in its petition or upon some other basis as the commission deems appropriate
				  and consistent with law. The order shall in no event grant the town the right
				  to annex county territory by ordinance more frequently than once every five
				  years.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part VI - Investigations and Mediation › Section 1VAC50-20-650 - Statutorily invoked mediation in annexation immunity issues

Current through Register Vol. 40, No. 24, July 15, 2024
When any county, city, or town seeks to negotiate an
					 agreement with one or more localities relative to annexation or partial
					 immunity under the authority granted by § 15.2-2907E of the Code of Virginia,
					 it shall notify the commission, and copies of the notice shall be served on all
					 adjacent localities. The notice to the commission shall be accompanied by
					 satisfactory evidence that the governing body of the locality giving notice
					 supports the negotiation. Local governments negotiating under the above
					 referenced provision of law shall keep the commission advised of progress in
					 the negotiations. If, after a hearing, the commission finds that none of the
					 parties is willing to continue to negotiate, or if it finds that three months
					 have elapsed with no substantial progress, it shall declare the negotiations to
					 be terminated. Unless the parties agree otherwise, negotiations shall in any
					 event terminate 12 months from the date notice was first given to the
					 commission of the desire to negotiate. Once the commission has declared
					 negotiations terminated, or upon the expiration of the 12 month negotiating
					 term or any agreed extension thereof, no new notice to negotiate shall be filed
					 by any party. Upon the request of the local governments negotiating under the
					 authority of § 15.2-2907E of the Code of Virginia, the commission, or its
					 designee, may be requested to serve as mediator, and, in addition, the
					 commission's staff and resources shall be available to assist the negotiating
					 local governments. All expenses incurred by the commission and its staff in
					 assisting with negotiations shall be borne by the parties initiating the
					 negotiations unless otherwise agreed.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part VI - Investigations and Mediation › Section 1VAC50-20-660 - Mediation of other interlocal issues

Current through Register Vol. 40, No. 24, July 15, 2024
The commission shall, at its discretion, accept for
					 mediation interlocal issues presented to it by mutual agreement of the affected
					 localities. Requests for commission mediation under this section should be made
					 to the commission's offices in Richmond and should be accompanied by
					 satisfactory evidence that the governing bodies of the affected localities
					 agree to the request for mediation assistance. The requests should include a
					 statement indicating the issue for which mediation is sought and any other
					 information as would enable the commission to determine whether its mediation
					 effort would be timely and appropriate. Where the requests for mediation are
					 presented to the commission prior to the submission of formal notice of pending
					 action as required by § 15.2-2907 of the Code of Virginia, the requests need
					 not be accompanied by any of the statistical data or material required under
					 Part IV (1VAC50-20-540 et seq.) of this
					 chapter. However, if the commission agrees to mediate interlocal issues under
					 this section, the local governments requesting the mediation shall assist the
					 commission by providing data, material, and other information as the commission
					 or the parties deem necessary.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part VI - Investigations and Mediation › Section 1VAC50-20-670 - Requested investigations and analyses

Current through Register Vol. 40, No. 24, July 15, 2024
The commission may, if it deems appropriate and within the
					 capability of its resources, accept requests from local governments for the
					 undertaking of investigations and analyses. Requests for investigations and
					 analyses should be addressed to the commission's offices in Richmond and should
					 include satisfactory evidence that the governing body of the locality
					 initiating the request supports the proposed study. The request should also
					 include a detailed statement of the issue giving rise to the request for the
					 study, a statement of the extent to which the issue is of general interest to
					 local governments in Virginia, a statement concerning the prospective benefits
					 of a study, and other information as would aid the commission in its
					 determination as to whether or not to undertake the requested study. Where the
					 commission agrees to undertake a study under this section, the locality or
					 localities requesting the study shall assist the commission and provide, to the
					 extent possible, the data and material the commission or the parties deem
					 necessary for the study. The commission shall render reports on such studies at
					 such a time and in such a manner as it deems appropriate.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 1VAC55-11-10 - 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
					 Department of Human Resource Management. 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 2.2-1201 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 1VAC55-11-30 - 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 2.2-1201 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 1VAC55-11-40 - 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
				  1VAC55-11-30, 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 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC55-11-50 - 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 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC55-11-60 - 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 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC55-11-70 - 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 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC55-11-80 - 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 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC55-11-90 - 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 2.2-1201 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC55-11-100 - 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 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC55-11-110 - 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 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 20 - COMMONWEALTH OF VIRGINIA HEALTH BENEFITS PROGRAM › Part I - General › Section 1VAC55-20-30 - Designee and delegations of authority

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to § 2.2-2818 of the Code of Virginia, the
					 Department of Human Resource Management shall establish a health benefits
					 program (the "program"), subject to the approval of the Governor, for providing
					 accident or health benefit protection, including but not limited to
					 chiropractic treatment, hospitalization, medical, surgical and major medical
					 coverage for state employees and the employees of participating local
					 employers.
The Director of the Department of Human Resource Management
					 hereby delegates to the Director of the Office of Health Benefits the authority
					 to:
1. Propose, design, and administer
				  one or more accident or health plans, or both. All such approved plans will, in
				  the aggregate, constitute the health benefits program. Any plan or plans
				  proposed by the Office of Health Benefits shall be subject to the approval of
				  the Director of the Department of Human Resource Management.
2. Propose regulations at any time for the
				  purpose of the implementation, communication, funding, and administration of
				  the health benefits program.
3.
				  Enter into one or more contracts for the purpose of implementing,
				  communicating, funding or administering the health benefits program. To this
				  end, but not exclusively, such contract or contracts may be for the
				  underwriting, the funding, and administration, including claims processing and
				  claims adjudication, of the program. Such contracts may be for the legal,
				  accounting and actuarial services as well as communication, statistical
				  analysis and any other item that may be needed to effectively review and
				  maintain the health benefits program.
4. Evaluate the effectiveness of the health
				  benefits program or any plan which may constitute a component part, as it might
				  relate to the objectives of such program or such component plan and make
				  recommendations regarding the effectiveness of such program or plan in meeting
				  such stated objectives.
Statutory Authority
§§ 2.2-1204 and 2.2-2818 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 20 - COMMONWEALTH OF VIRGINIA HEALTH BENEFITS PROGRAM › Part I - General › Section 1VAC55-20-40 - State advisory council

Current through Register Vol. 40, No. 24, July 15, 2024
In the administration of the health benefits program or any
					 component plan or plans comprising such program, the department shall take into
					 consideration the recommendations of the state human resource advisory council
					 (the "council" or "advisory council"). The council is created pursuant to §
					 2.2-2675 of the Code of Virginia and operated in accordance therewith. Such
					 advisory council will serve to advise the Secretary of Administration on among
					 other things, issues and concerns of active and retired employees of the
					 Commonwealth who are participating in the health benefits program, such as the
					 type and amount of benefits provided by the program, the cost to employees to
					 participate in the program and ways to effectively control claims experience.
					 The department shall consider the findings and recommendations of the council
					 in its decision-making process. Further, the department may request the
					 council's guidance on other issues of concern to the
					 department.
Statutory Authority: § 2.2-2818 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 20 - COMMONWEALTH OF VIRGINIA HEALTH BENEFITS PROGRAM › Part I - General › Section 1VAC55-20-60 - Types of plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  administration and underwriting of the plans shall be at the discretion of the
				  department and may include but not be limited to self-funded arrangements,
				  insured arrangements, administrative services arrangements, health maintenance
				  organizations, and preferred provider organizations. The department is
				  authorized to exercise judgment and discretion in the establishment,
				  procurement and implementation of all underwriting and other services necessary
				  for the establishment, maintenance, and administration of such plans and will
				  be deemed to do so in good faith.
B. The department, as it deems necessary or
				  prudent, may contract for outside services, including but not limited to
				  actuarial, consulting, and legal counsel. The department may contract such
				  services on an individual basis or in conjunction with other
				  services.
Statutory Authority
§§ 2.2-1204 and 2.2-2818 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 55 - DEPARTMENT OF HUMAN RESOURCE MANAGEMENT › Chapter 20 - COMMONWEALTH OF VIRGINIA HEALTH BENEFITS PROGRAM › Part I - General › Section 1VAC55-20-70 - Procurement

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall comply with the Virginia Public
					 Procurement Act, Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 of the Code of
					 Virginia, as it may relate to any services to which such Act shall
					 apply.
In an effort to stabilize the administration and
					 maintenance of the health benefits program, the department may contract for
					 services applicable to such program for a period of time not exceeding 10
					 years, with the department reserving the right, in its sole discretion, to
					 cancel such contracts annually upon 90 days written notice to the
					 contractor.
Statutory Authority
§§ 2.2-1204 and 2.2-2818 of the Code of Virginia.