reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 130 - AGENCY PROCUREMENT AND SURPLUS PROPERTY MANUAL › Section 1VAC30-130-10 - Agency Procurement and Surplus Property Manual (filed by description with the Registrar of Regulations)

Current through Register Vol. 40, No. 24, July 15, 2024
Description: The Agency Procurement and Surplus Property
				  Manual is published under the authority of § 2.2-1111 of the Code of Virginia,
				  and sets forth the policies and procedures to be followed by state agencies and
				  institutions in fulfilling procurement responsibilities within their delegated
				  limits. In addition, the Division of Purchases and Supply of the Department of
				  General Services may from time to time issue directives or memoranda which are
				  effective until included in a revision to the manual or rescinded. The
				  September 15, 1998, edition supersedes all previous editions and changes
				  thereto.
The document is available for inspection at the following
				  location:
Department of General Services Division of Purchases and
						  Supply 1111 E. Broad Street, 6th Floor Richmond, VA 23219
Statutory Authority
§ 2.2-1111 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 140 - VENDORS MANUAL › Section 1VAC30-140-10 - Vendors Manual (filed by description with the Registrar of Regulations)

Current through Register Vol. 40, No. 24, July 15, 2024
Description: The Vendors Manual is published under the
				  authority of § 2.2-1111 of the Code of Virginia. Its purpose is to set forth
				  rules and regulations applicable to the purchase of goods and nonprofessional
				  services by the Commonwealth of Virginia. Any vendor providing goods or
				  nonprofessional services to the Commonwealth should be familiar with the
				  content of this manual. It generally applies to all state procurements except
				  construction that is subject to the procedures of the Construction and
				  Professional Services Manual and the procurement of professional services. The
				  December 1, 1998, edition supersedes all previous editions.
The document is available for inspection at the following
				  location:
Department of General Services Division of Purchases and
						  Supply 1111 E. Broad Street, 6th Floor Richmond, VA 23219
Statutory Authority
§ 2.2-1111 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 150 - REGULATIONS FOR PUBLIC USE OF ROBERT E. LEE MONUMENT, RICHMOND, VA › Section 1VAC30-150-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-4011 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 150 - REGULATIONS FOR PUBLIC USE OF ROBERT E. LEE MONUMENT, RICHMOND, VA › Section 1VAC30-150-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-4011 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 150 - REGULATIONS FOR PUBLIC USE OF ROBERT E. LEE MONUMENT, RICHMOND, VA › Section 1VAC30-150-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-4011 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 150 - REGULATIONS FOR PUBLIC USE OF ROBERT E. LEE MONUMENT, RICHMOND, VA › Section 1VAC30-150-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-4011 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 150 - REGULATIONS FOR PUBLIC USE OF ROBERT E. LEE MONUMENT, RICHMOND, VA › Section 1VAC30-150-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 2.2-4011 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 150 - REGULATIONS FOR PUBLIC USE OF ROBERT E. LEE MONUMENT, RICHMOND, VA › Form - [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											2.2-1102
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 5 - PUBLIC PARTIPATION GUIDELINES › Part I - Purpose and Definitions › Section 1VAC42-5-10 - 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
					 Office of the State Inspector General. 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 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 5 - PUBLIC PARTIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 1VAC42-5-30 - 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 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 5 - PUBLIC PARTIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 1VAC42-5-40 - 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
				  1VAC42-5-30, 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 or a reproposed regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 5 - PUBLIC PARTIPATION GUIDELINES › Part III - Public Particicipation Procedures › Section 1VAC42-5-50 - 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 (i) submit data, views, and
				  arguments, either orally or in writing, to the agency, and (ii) be accompanied
				  by and represented by counsel or other representative. 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 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 5 - PUBLIC PARTIPATION GUIDELINES › Part III - Public Particicipation Procedures › Section 1VAC42-5-60 - 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 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 5 - PUBLIC PARTIPATION GUIDELINES › Part III - Public Particicipation Procedures › Section 1VAC42-5-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a 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 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 5 - PUBLIC PARTIPATION GUIDELINES › Part III - Public Particicipation Procedures › Section 1VAC42-5-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint an 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 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 5 - PUBLIC PARTIPATION GUIDELINES › Part III - Public Particicipation Procedures › Section 1VAC42-5-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 an NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with § 2.2-3707
					 D of the Code of Virginia allowing for contemporaneous notice to be provided to
					 participants and the public.
Statutory Authority: § 2.2-4007.02 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 5 - PUBLIC PARTIPATION GUIDELINES › Part III - Public Particicipation Procedures › Section 1VAC42-5-100 - 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 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 5 - PUBLIC PARTIPATION GUIDELINES › Part III - Public Particicipation Procedures › Section 1VAC42-5-110 - 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 the following:
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 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 10 - POLICIES, STANDARDS, AND PROCEDURES FOR AGENCY AND INSTITUTIONAL INTERNAL AUDITORS (DIRECTIVE NO. 1-85) › Section 1VAC42-10-10 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter applies to all state agencies and institutions
				  with an internal audit function.
Statutory Authority
§ 2.1-234.32 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 10 - POLICIES, STANDARDS, AND PROCEDURES FOR AGENCY AND INSTITUTIONAL INTERNAL AUDITORS (DIRECTIVE NO. 1-85) › Section 1VAC42-10-20 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
All state agencies and institutions with internal audit
				  functions shall adopt and prescribe to the "Standards for the Professional
				  Practice of Internal Auditing" and "Statements on Internal Auditing Standards"
				  promulgated by the Institute of Internal Auditors. This policy is not intended
				  to restrict internal auditors from adopting additional standards from other
				  authoritative bodies, such as the Comptroller General of the United States or
				  the American Institute of Certified Public Accountants, as appropriate.
When developing agency or institutional policies and
				  procedures to meet the standards included in this regulation, agency and
				  institutional internal auditors will be expected to follow the guidance
				  provided in the State Internal Auditor's Internal Audit Policies and Procedures
				  Manual.
Statutory Authority
§ 2.1-234.32 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 10 - POLICIES, STANDARDS, AND PROCEDURES FOR AGENCY AND INSTITUTIONAL INTERNAL AUDITORS (DIRECTIVE NO. 1-85) › Section 1VAC42-10-30 - Exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
If an agency or institution believes that adherence to the
				  policy set forth in
				  1VAC42-10-20 will create an undue
				  hardship, an agency head may request that the State Internal Auditor amend or
				  modify the requirements. Such requests should be in writing and include reasons
				  for the request and the exact nature of the proposed modification. The State
				  Internal Auditor will provide written response to the agency or institutional
				  head.
Statutory Authority
§ 2.1-234.32 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 10 - POLICIES, STANDARDS, AND PROCEDURES FOR AGENCY AND INSTITUTIONAL INTERNAL AUDITORS (DIRECTIVE NO. 1-85) › Section 1VAC42-10-40 - Assistance

Current through Register Vol. 40, No. 24, July 15, 2024
Requests for assistance in complying with this regulation
				  should be forwarded to the State Internal Auditor, James Monroe Building, 101
				  North 14th Street, Richmond, Virginia 23219.
Statutory Authority
§ 2.1-234.32 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 20 - EXTERNAL REVIEW FOLLOW-UP FOR AGENCY AND INSTITUTIONAL INTERNAL AUDITORS (DIRECTIVE NO. 1-90) › Section 1VAC42-20-10 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter applies to all state agencies and institutions
				  with an internal audit function.
Statutory Authority
§ 2.1-234.32 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 20 - EXTERNAL REVIEW FOLLOW-UP FOR AGENCY AND INSTITUTIONAL INTERNAL AUDITORS (DIRECTIVE NO. 1-90) › Section 1VAC42-20-20 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
All state agencies and institutions (herein agency) with
				  internal auditing functions shall submit detailed work plans and semiannual
				  progress reports to the Department of the State Internal Auditor (herein DSIA)
				  regarding significant deficiencies noted in external quality assurance review
				  reports. The deficiencies considered significant will be identified as such by
				  DSIA in a letter to the agency head at the completion of the external quality
				  assurance review.
The detailed agency work plans shall include columns which
				  contain:
(i) summaries of significant
				external quality assurance review concerns;
(ii) summaries of proposed corrective actions
				and specific deliverables or tangible products that will result from the
				proposed corrective actions;
(iii)
				target completion dates of the proposed corrective actions; and
(iv) the name of the person(s) or position(s)
				responsible and accountable for implementing such corrective actions. The
				detailed work plans should be submitted to DSIA no later than 60 days after the
				issuance of the external quality assurance review report.
The semiannual progress reports shall provide information
				  regarding the status of the agency specific detailed work plans established to
				  correct significant deficiencies noted during the external quality assurance
				  review process. These reports should be submitted to DSIA six months after the
				  issuance of the external quality assurance report and updated every six months
				  until all the significant deficiencies are resolved.
Semiannual summary reports shall be provided by DSIA to the
				  Governor, the Governor's Secretaries, agency heads, the State Comptroller, and
				  the Director of the Department of Planning and Budget. These semiannual summary
				  reports will highlight actions taken to address and resolve significant
				  external quality assurance review concerns and identify those concerns that
				  remain unresolved by agencies. These reports will be prepared from the detailed
				  work plans and semiannual progress reports submitted to DSIA by agencies or as
				  a result of subsequent follow-up reviews conducted by DSIA.
Statutory Authority
§ 2.1-234.32 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 20 - EXTERNAL REVIEW FOLLOW-UP FOR AGENCY AND INSTITUTIONAL INTERNAL AUDITORS (DIRECTIVE NO. 1-90) › Section 1VAC42-20-30 - Exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
If an agency or institution believes that adherence to the
				  policy set forth in
				  1VAC42-20-20 will create an undue
				  hardship, an agency head may request that the State Internal Auditor amend or
				  modify the requirements. Such requests should be in writing and include reasons
				  for the request and the exact nature of the proposed modification. The State
				  Internal Auditor will provide written response to the agency
				  head.
Statutory Authority
§ 2.1-234.32 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 20 - EXTERNAL REVIEW FOLLOW-UP FOR AGENCY AND INSTITUTIONAL INTERNAL AUDITORS (DIRECTIVE NO. 1-90) › Section 1VAC42-20-40 - Assistance

Current through Register Vol. 40, No. 24, July 15, 2024
Requests for assistance in complying with this regulation
				  should be forwarded to the State Internal Auditor, James Monroe Building, 101
				  North 14th Street, Richmond, Virginia 23219.
Statutory Authority
§ 2.1-234.32 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 30 - FRAUD AND ABUSE WHISTLE BLOWER REWARD FUND › Section 1VAC42-30-20 - Office of the State Inspector General responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. OSIG is responsible for administering the
				WBPA Program and fund and the following tasks:
1. Notifying annually Commonwealth employees,
				citizens, and governmental bodies, including state agencies, of the WBPA
				Program and fund regulations and procedures for submitting information
				regarding wrongdoing or abuse.
2.
				Protecting the identity of Commonwealth employees and citizens who make
				allegations of wrongdoing or abuse through the WBPA Program. OSIG will keep
				this information confidential to the extent allowed by law.
3. Conducting appropriate investigations and
				preparing official reports.
4.
				Receiving and evaluating fund claims.
5. Ensuring payment of approved fund moneys
				to whistle blowers.
6. Submitting
				an annual report on WBPA Program activities to the Governor and General
				Assembly.
7. Notifying individuals
				making allegations of the possible incentives as a result of moneys recovered
				and available through the fund.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 30 - FRAUD AND ABUSE WHISTLE BLOWER REWARD FUND › Section 1VAC42-30-30 - Fraud and Abuse Whistle Blower Protection Act Program and Reward Fund notification

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Annually, the State Inspector General will communicate with all state agency
				heads. The communication will:
1. Publicize
				the WBPA Program and fund.
2.
				Explain the protections afforded to individuals who report instances of
				wrongdoing or abuse committed within executive branch agencies and nonstate
				agencies.
3. Notify state agency
				heads of relevant statutory amendments or program changes.
4. Contain the requirements for reporting
				allegations to OSIG and the incentives under the WBPA Program.
5. Clarify pertinent differences between the
				WBPA Program and the hotline regarding the rules governing anonymity and
				confidentiality.
6. Provide
				available materials to assist agency heads in promoting the WBPA Program and
				fund, as well as available training for Commonwealth employees regarding the
				WBPA Program and fund.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 30 - FRAUD AND ABUSE WHISTLE BLOWER REWARD FUND › Section 1VAC42-30-40 - Reporting alleged fraud, abuse, or wrongdoing

Current through Register Vol. 40, No. 24, July 15, 2024
A. A Commonwealth employee or citizen with an
				allegation of wrongdoing or abuse under the WBPA Program may contact OSIG by
				phone, email, online complaint form, United States Postal Service, or
				FAX.
B. OSIG staff is available to
				advise citizens on what to report that meets the definition of wrongdoing or
				abuse.
C. If an investigation
				results in recoverable funds, and the whistle blower seeks to file a fund claim
				under the WBPA Program, the whistle blower will be required to provide his name
				and lawful residence.
While not anonymous, OSIG will keep this information
				  confidential to the extent allowed by law.
Statutory Authority: §
											2.2-3014
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 30 - FRAUD AND ABUSE WHISTLE BLOWER REWARD FUND › Section 1VAC42-30-50 - Office of the State Inspector General receipt of an allegation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Allegations of
				wrongdoing or abuse received by OSIG undergo the hotline screening
				process.
B. Allegations submitted
				by an individual who is not a Commonwealth employee or citizen will be referred
				to the appropriate governmental agency or organization.
C. If the agency or organization reported is
				not an executive branch or independent state agency or entity or a local
				governmental agency or entity or school division, the information will be
				forwarded to that entity where possible for informational purposes
				only.
Statutory Authority: §
											2.2-3014
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 30 - FRAUD AND ABUSE WHISTLE BLOWER REWARD FUND › Section 1VAC42-30-60 - Allegation investigative process

Current through Register Vol. 40, No. 24, July 15, 2024
A. OSIG will prepare a detailed written
				summary that describes the allegation of wrongdoing or abuse submitted through
				the WBPA Program.
B. The hotline
				manager or designee will create a confidential tracking number for each case
				and assign it for formal investigation.
C. OSIG will monitor the progress of each
				investigation and provide the State Inspector General with regular status
				updates of the assignment.
D. Upon
				completion of an investigation, the investigator will prepare and submit a case
				report for management review and approval. When appropriate, recommendations
				for corrective action to address procedural deficiencies disclosed during the
				investigation will be included in the case report.
E. Formal case reports will describe all
				financial recovery realized on behalf of the Commonwealth as a result of the
				information received from the whistle blower and the subsequent
				investigation.
F. Case reports will
				be forwarded to the State Inspector General for review. Upon authorization by
				the State Inspector General, the investigator will prepare an executive summary
				that recaps the findings of the investigation, the recommendations, the
				recovery of funds, and the status of applicable fund claims. Upon signature
				approval of the State Inspector General, the executive summary will be
				forwarded to the subject state executive branch agency head, respective
				secretariat, and the Chief of Staff of the Governor.
Statutory Authority: §
											2.2-3014
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 30 - FRAUD AND ABUSE WHISTLE BLOWER REWARD FUND › Section 1VAC42-30-70 - Nonreverting fund

Current through Register Vol. 40, No. 24, July 15, 2024
A. OSIG will
				coordinate with the State Comptroller to establish a special nonreverting
				fund.
B. The fund will be
				established on the books of the State Comptroller and administered by the State
				Inspector General.
C. All moneys
				recovered by an OSIG investigation as a result of whistle blower activity shall
				be deposited in the fund.
D. Except
				for the moneys described in subsection F of this section, moneys remaining in
				the fund at the end of each fiscal year, including interest, shall not revert
				to the general fund, but shall remain in the fund.
E. Moneys in the fund shall solely be used
				to:
1. Provide monetary rewards to
				Commonwealth employees and citizens who have disclosed information of
				wrongdoing or abuse under the WBPA Program (§
										2.2-3009 et seq. of the
				Code of Virginia), and the disclosure resulted in a recovery of at least
				$5,000.
2. Support the
				administration of the fund, defray fund advertising costs, or subsidize the
				operation of the hotline.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 30 - FRAUD AND ABUSE WHISTLE BLOWER REWARD FUND › Section 1VAC42-30-90 - Whistle blower protections

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Employee protections.
1. No employer may
				discharge, threaten, or otherwise discriminate or retaliate against a whistle
				blower, whether acting individually or under the direction of another
				individual.
2. No employer may
				discharge, threaten, or otherwise discriminate or retaliate against a whistle
				blower who is requested or subpoenaed by an appropriate authority to
				participate in an investigation, hearing, or inquiry.
3. Nothing in this chapter shall prohibit an
				employer from disciplining or discharging a whistle blower for misconduct or
				violation of criminal law.
4. If an
				employee has, in good faith, exhausted existing internal procedures for
				reporting and seeking recovery of falsely claimed sums through official
				channels, and if the Commonwealth failed to act on the information provided in
				a reasonable period of time, no court shall have jurisdiction over an action
				brought under §
										8.01-216.5
				of the Code of Virginia based on information discovered by a present or former
				employee of the Commonwealth during the course of his employment.
5. Any whistle blower covered by the state
				grievance procedure may initiate a grievance alleging retaliation for reporting
				wrongdoing or abuse through the WBPA Program and may request relief throughout
				that procedure.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 30 - FRAUD AND ABUSE WHISTLE BLOWER REWARD FUND › Section 1VAC42-30-100 - Whistle Blower Protection Act Program and Reward Fund annual report

Current through Register Vol. 40, No. 24, July 15, 2024
A. OSIG shall
				submit an annual report to the Governor and the General Assembly of Virginia
				summarizing the activities of the fund.
B. OSIG will provide a copy of the WBPA
				Program annual report to the Chief of Staff to the Governor, the Secretary of
				Finance, and the State Comptroller.
Statutory Authority: §
											2.2-3014
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 1VAC45-5-10 - 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 Law. 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 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 1VAC45-5-30 - 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 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 1VAC45-5-40 - 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
				  1VAC45-5-30, 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 or a reproposed regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC45-5-50 - 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 (i) submit data, views, and
				  arguments, either orally or in writing, to the agency and (ii) be accompanied
				  by and represented by counsel or other representative. 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 45 - DEPARTMENT OF LAW › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC45-5-60 - 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 45 - DEPARTMENT OF LAW › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC45-5-70 - 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 45 - DEPARTMENT OF LAW › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC45-5-80 - 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. A 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 45 - DEPARTMENT OF LAW › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC45-5-90 - 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 § 2.2-3707
					 D of the Code of Virginia allowing for contemporaneous notice to be provided to
					 participants and the public.
Statutory Authority: § 2.2-4007.02 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC45-5-100 - 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 45 - DEPARTMENT OF LAW › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 1VAC45-5-110 - 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 45 - DEPARTMENT OF LAW › Chapter 10 - REGULATIONS GOVERNING DISCLOSURE OF CID (CIVIL INVESTIGATIVE DEMAND) › Section 1VAC45-10-10 - 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:
"Bad Faith Assertions of Patent Infringement law" means
				  Chapter 18.1 (§
									59.1-215.1 et seq.)
				  of Title 59.1 of the Code of Virginia.
"Law-enforcement authority" means any public official, and
				  his designees, (i) representing the Commonwealth, which includes its political
				  subdivisions and its public agencies, and (ii) empowered to bring civil actions
				  to enforce the Virginia Antitrust Act, Virginia Consumer Protection Act,
				  Virginia Telephone Privacy Protection Act, the Bad Faith Assertions of Patent
				  Infringement law, or the Solicitation of Contributions law.
"Material" means any information taken, furnished, received,
				  examined, or copied pursuant to civil investigative demands issued by the
				  Attorney General pursuant to the Virginia Antitrust Act, the Virginia Consumer
				  Protection Act, the Virginia Telephone Privacy Protection Act, the Bad Faith
				  Assertions of Patent Infringement law, or the Solicitation of Contributions
				  law, including names, testimony, documents, or answers to
				  interrogatories.
"Person" means any natural person, corporation, trust,
				  partnership, association, company, or any other legal entity.
"Solicitation of Contributions law" means Chapter 5 (§
									57-48 et
				  seq.) of Title 57 of the Code of Virginia.
"Virginia Antitrust Act" means Chapter 1.1 (§
									59.1-9.1 et seq.) of
				  Title 59.1 of the Code of Virginia.
"Virginia Consumer Protection Act" means Chapter 17 (§
									59.1-196 et seq.) of Title
				  59.1 of the Code of Virginia.
"Virginia Telephone Privacy Protection Act" means Chapter 44
				  (§
									59.1-510
				  et seq.) of Title 59 of the Code of Virginia.
Statutory Authority: §
											59.1-9.10
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 10 - REGULATIONS GOVERNING DISCLOSURE OF CID (CIVIL INVESTIGATIVE DEMAND) › Section 1VAC45-10-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 59.1-9.10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 10 - REGULATIONS GOVERNING DISCLOSURE OF CID (CIVIL INVESTIGATIVE DEMAND) › Section 1VAC45-10-30 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter shall apply to all law-enforcement authorities
				  that request material from the Attorney General. This chapter shall not apply
				  to federal law-enforcement authorities or to law-enforcement authorities that
				  represent states other than the Commonwealth.
Statutory Authority: §
											59.1-9.10
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 10 - REGULATIONS GOVERNING DISCLOSURE OF CID (CIVIL INVESTIGATIVE DEMAND) › Section 1VAC45-10-40 - Procedure for making material available

Current through Register Vol. 40, No. 24, July 15, 2024
Any law-enforcement authority may request material from the
				  Attorney General. The request shall be in writing. The request shall state with
				  reasonable specificity the material desired, subject matter of the
				  investigation for which material is desired, and the specific statute that the
				  authority is empowered to enforce under which the investigation is being
				  conducted. All requests shall be directed to the Attorney General and signed by
				  the chief officer of the law-enforcement authority. All requests for material
				  shall recite that the law-enforcement authority acknowledges that, when
				  provided, the material shall be used exclusively as delineated by statute and
				  by this chapter. The request for material shall further include an affirmative
				  showing, to the satisfaction of the Attorney General, that the law-enforcement
				  authority is subject to confidentiality requirements similar to the
				  confidentiality requirements of subsection N of § 59.1-9.10 of the Code of
				  Virginia.
Statutory Authority: § 59.1-9.10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 10 - REGULATIONS GOVERNING DISCLOSURE OF CID (CIVIL INVESTIGATIVE DEMAND) › Section 1VAC45-10-50 - Responses to requests for material

Current through Register Vol. 40, No. 24, July 15, 2024
Within seven days of receipt of a request for material, the
				  Attorney General, in his discretion, shall inform the chief officer of the
				  law-enforcement authority (i) of his refusal to disclose any material; (ii)
				  that no such material exists; (iii) that all or part of the material shall be
				  made available, at the discretion of the Attorney General, for examination at
				  the Office of the Attorney General; or (iv) that all or part of the material
				  shall be made available, at the discretion of the Attorney General, for copying
				  at the Office of the Attorney General. If option (iii) or (iv) is exercised, it
				  shall be so exercised within 21 days of the receipt of the
				  request.
Statutory Authority: § 59.1-9.10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 45 - DEPARTMENT OF LAW › Chapter 10 - REGULATIONS GOVERNING DISCLOSURE OF CID (CIVIL INVESTIGATIVE DEMAND) › Section 1VAC45-10-60 - Designation of person to receive materials

Current through Register Vol. 40, No. 24, July 15, 2024
The law-enforcement authority to which material is provided
				  pursuant to this chapter shall designate one person to receive and act as
				  custodian of such material. The person so designated shall be solely
				  responsible for the material and shall certify that the material is used
				  exclusively as provided by statute and in this chapter.
Statutory Authority
§ 59.1-9.10 of the Code of Virginia.