reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part I - General Provisions › Section 1VAC7-10-60 - Internet address; contact information; consequential changes

Current through Register Vol. 40, No. 24, July 15, 2024
A. If an agency
				  includes an Internetaddress in the text of a regulation, the agency is
				  responsible for maintaining the accuracy and currency of the Internet
				  address.
B. If an agency includes
				  contact information in the text of a regulation, the agency is responsible for
				  maintaining the accuracy and currency of the contact information. Contact
				  information includes a title, mailing address, telephone number, email address,
				  or similar information.
C. The
				  agency must (i) promptly notify the registrar's office when an Internet address
				  or contact information changes and (ii) provide the correct Internet address or
				  contact information. The agency shall file a request for amendment as directed
				  by the registrar and provide the revised text of the regulation.
D. The registrar may correct an Internet
				  address or contact information upon request by an agency. In addition, the
				  registrar may, in his discretion, make other consequential corrections pursuant
				  to §§ 2.2-4102 and 30-150 of the Code of Virginia.
E. The registrar will publish notice of the
				  correction.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part I - General Provisions › Section 1VAC7-10-70 - Waiver by registrar

Current through Register Vol. 40, No. 24, July 15, 2024
The registrar may waive a provision of this chapter,
					 provided that the waiver is consistent with applicable state
					 law.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part I - General Provisions › Section 1VAC7-10-80 - Agency regulatory coordinator

Current through Register Vol. 40, No. 24, July 15, 2024
The head of each agency, or his designee, shall appoint or
					 designate an individual as the agency regulatory coordinator who shall
					 coordinate the regulatory activities of the agency with the Office of the
					 Registrar of Regulations.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part II - Filing Regulations and Regulation Submission Packages with the Registrar › Section 1VAC7-10-90 - Filing regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. An agency
				  must file all regulations, including materials incorporated by reference and
				  forms used in administering the regulation, with the registrar. The regulations
				  shall be filed through the Regulatory Information System or as directed by the
				  registrar.
B. The agency shall file
				  the full text of a regulation with the registrar, except text that is
				  incorporated by reference pursuant to § 2.2-4103 of the Code of Virginia shall
				  be filed in accordance with Part III (1VAC7-10-140 et seq.) of this
				  chapter.
C. No regulation, or
				  amendment or repeal thereof, is effective until filed with the registrar
				  pursuant to § 2.2-4103 of the Code of Virginia. If the regulation, or amendment
				  or repeal thereof, is incomplete, the registrar may decline to publish the
				  regulation.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part II - Filing Regulations and Regulation Submission Packages with the Registrar › Section 1VAC7-10-100 - Final agency action date; effective date; statutory authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. An agency shall
				  provide the date of final agency action and the effective date of a regulation
				  when filing a regulation submission package for a fast-track or final
				  regulatory action, or other equivalent action.
B. When Virginia law allows a regulation to
				  be effective upon the filing of the regulation with the registrar, the agency
				  ordinarily should select an effective date at least three business days after
				  filing. This subsection does not apply to emergency regulations adopted
				  pursuant to § 2.2-4011 of the Code of Virginia.
C. An agency shall provide the effective date
				  and expiration date of an emergency regulation when filing the emergency
				  regulation and accompanying regulation submission package. If the expiration
				  date of the emergency regulation is extended, the agency shall notify the
				  registrar within three business days of the Governor's approval of the
				  extension.
D. Pursuant to §
				  2.2-4012 D of the Code of Virginia, a regulation shall contain the statutory
				  authority for the regulation. An agency shall include in the regulatory
				  submission package the complete citation for each statute or regulation that
				  serves as the statutory authority, as follows:
1. For a codified Virginia statute, the
				  citation shall be to the applicable section of the Code of Virginia.
2. For an uncodified Virginia statute, the
				  citation shall be to the applicable chapter of the designated Act of
				  Assembly.
3. When a regulation is
				  required to conform with federal law or regulation, the agency shall provide a
				  citation to the specific federal law or regulation to which conformity is
				  required.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part II - Filing Regulations and Regulation Submission Packages with the Registrar › Section 1VAC7-10-110 - Supplemental information; exemption from Administrative Process Act

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to §
				  2.2-4103 of the Code of Virginia, the registrar may request information in
				  addition to the full text of a regulation for the purpose of publishing the
				  Register and VAC.
B. An agency
				  shall respond to a request from the registrar within three business days of the
				  request, unless a different response time is approved by the
				  registrar.
C. When claiming an
				  exemption from the Administrative Process Act, an agency shall provide the
				  specific statutory citation for the claimed exemption. Upon request of the
				  registrar, an agency should provide confirmation from the Office of the
				  Attorney General of the specific statute upon which the exemption is
				  based.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part II - Filing Regulations and Regulation Submission Packages with the Registrar › Section 1VAC7-10-120 - Withdrawal of a final regulation; publication

Current through Register Vol. 40, No. 24, July 15, 2024
A. When an agency withdraws a final
				  regulation pursuant to § 2.2-4016 of the Code of Virginia, the agency shall
				  file a written notice of withdrawal with the registrar prior to the effective
				  date of the regulation being withdrawn. The notice shall include:
1. The reason for the withdrawal of the
				  regulation;
2. Agency contact
				  information;
3. The publication
				  information; and
4. The date of
				  agency action.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part II - Filing Regulations and Regulation Submission Packages with the Registrar › Section 1VAC7-10-130 - Omissions and errors

Current through Register Vol. 40, No. 24, July 15, 2024
A. An agency
				  shall notify the registrar of all omissions or errors that the agency becomes
				  aware of in any of the information (i) submitted for publication or (ii)
				  published in the Register or the Virginia Administrative Code.
B. The notification shall be filed with the
				  registrar within seven business days of the date that the agency becomes aware
				  of the omission or error.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part III - Adoption of Textual Matter by Incorporation by Reference › Section 1VAC7-10-140 - Incorporation by reference permitted

Current through Register Vol. 40, No. 24, July 15, 2024
A. A regulation may adopt textual matter by
				  reference to all or any part of a publication or document. For the purposes of
				  this part, a publication and a document are interchangeable. The material in
				  the document becomes the text of the regulation and an enforceable part of the
				  regulation.
B. The agency must
				  comply with the provisions of 1VAC7-10-150 and 1VAC7-10-160 when incorporating
				  a document by reference except as provided in 1VAC7-10-170.
C. Effective January 1, 2016, an agency may
				  not adopt prospective changes to an incorporated document by referring to a
				  future edition or revision of the document or by using "as updated," "as may be
				  amended," "future editions," or similar language. When a document that an
				  agency has incorporated by reference subsequently is modified by the publisher,
				  the agency may adopt the modification but shall do so through a regulatory
				  action. However, when an agency incorporates by reference provisions of the
				  Code of Virginia, the Virginia Acts of Assembly, or the Virginia Administrative
				  Code into a regulation, future amendments to the incorporated provisions are
				  included unless other intent is specifically stated in the
				  regulation.
D. Effective January 1,
				  2016, an agency may not incorporate one of its own documents by reference
				  unless the agency establishes that the documents or circumstances are unique
				  and highly unusual.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part III - Adoption of Textual Matter by Incorporation by Reference › Section 1VAC7-10-150 - Filing requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. When an
				  agency adopts textual matter in a regulation by reference to a document, the
				  agency shall file a copy of the referenced document with the regulation
				  submission package. The document shall be filed in its entirety, unless the
				  registrar has approved a request for the document to be filed by descriptive
				  statement as provided in 1VAC7-10-170. The agency shall also provide
				  information as to where copies of the incorporated publications may be
				  procured.
B. When an agency adopts
				  textual matter by reference to Internet content, the agency shall file the
				  Internet content with the registrar. The agency shall file a read-only
				  electronic copy or a printed copy of the Internet content.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part III - Adoption of Textual Matter by Incorporation by Reference › Section 1VAC7-10-160 - Regulation text

Current through Register Vol. 40, No. 24, July 15, 2024
When incorporating material by reference, an agency shall
					 include in the regulatory text (i) a statement that the document is
					 incorporated by reference; (ii) the complete name of the document; (iii) the
					 effective, issue, revision, or publication date; (iv) the version or edition,
					 if any; and (v) the publisher or entity that produced the
					 document.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part III - Adoption of Textual Matter by Incorporation by Reference › Section 1VAC7-10-170 - Exemptions from filing of documents adopted or incorporated by reference; requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  requirements established in 1VAC7-10-150 and 1VAC7-10-160 do not apply to
				  incorporation of textual matter by reference to material published in the
				  Federal Register or the Code of Federal Regulations, or by reference to
				  regulations of other Virginia agencies. Where such references are made, the
				  regulatory text must contain a citation sufficient for accurate identification
				  of the referenced material.
1. Where the
				  material has been published in the Code of Federal Regulations, the agency
				  must:
a. Include in the regulatory text the
				  title, part or section, and the date of publication. Example: 40 CFR Part 260
				  (July 1, 2014 update) or 40 CFR §§ 260.1 through 260.11 (July 1, 2014 update);
				  or
b. Include a section listing the
				  applicability of the cited CFR text and stating that when a federal regulation
				  is incorporated in the chapter, that regulation shall be as it exists and has
				  been published on a certain date.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part IV - Forms › Section 1VAC7-10-180 - Filing requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. An agency
				  shall file any form that the agency intends to incorporate into or use in
				  administering the regulation with the proposed or final, including fast-track,
				  regulation submission package for publication in the Register pursuant to §
				  2.2-4031 A of the Code of Virginia. The agency shall include on the face of the
				  form (i) the date of issuance or revision and (ii) a form number.
B. A form is not a substitute for regulation
				  text and may not contain requirements that are not in the Code of Virginia or
				  VAC.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part IV - Forms › Section 1VAC7-10-190 - Exemption from filing a form

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  An agency may request an exemption from filing a form if the form (i) may be
				  completed only online or electronically or (ii) is not in a printable
				  format.
B. The agency shall make a
				  request for an exemption from filing by submitting a request to the registrar.
				  The registrar will notify the agency whether the exemption is
				  approved.
C. If an exemption is
				  approved, the Internet address for the form will be included in VAC.
D. The agency shall notify the registrar in
				  writing if an Internet address for the form changes. Under the authority of §
				  30-150 of the Code of Virginia, the registrar may correct the Internet address
				  in the Virginia Administrative Code.
E. The granting of an exemption under this
				  section does not relieve an agency from maintaining the forms on file and
				  making the forms available to the public.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part IV - Forms › Section 1VAC7-10-200 - Modification of forms in the Virginia Administrative Code

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provisions of this section apply when
				  a form for a regulation is added, amended, or removed, provided that (i) the
				  regulatory text is not changing and (ii) the change to the form is not making a
				  substantive change to the regulation.
B. An agency shall file form changes as
				  directed by the registrar.
C.
				  Notice of revised forms will be published in the Register, and forms will be
				  updated in the Virginia Administrative Code online on the date of publication
				  of the volume and issue of the Register in which it appears.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part IV - Forms › Section 1VAC7-10-210 - Publication

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purposes
				  of § 2.2-4031 of the Code of Virginia, a form shall be considered to be
				  published in the Virginia Register of Regulations if (i) the form is published
				  in full, (ii) a hyperlink to the form is published, or (iii) a notice
				  identifying where the form may be obtained is published.
B. The registrar shall determine how a form
				  will be published.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 7 - VIRGINIA CODE COMMISSION › Chapter 10 - REGULATIONS FOR FILING AND PUBLISHING AGENCY REGULATIONS › Part V - irginia Register of Regulations › Section 1VAC7-10-220 - Availability and official version

Current through Register Vol. 40, No. 24, July 15, 2024
As provided in § 2.2-4031 of the Code of Virginia, the
					 Virginia Register of Regulations is published by posting the Register on the
					 Virginia Code Commission's website. The portable document format (PDF) file is
					 the official version of the Register.
Statutory Authority: § 2.2-4104 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 1VAC20-10-20 - 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
§ 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 1VAC20-10-30 - 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
				1VAC20-10-20, the agency shall send
				the following information:
1. A notice of
				proposed exempt regulatory action with the comment period for a proposed, a
				reproposed, or an emergency regulation; and
2. If available, hyperlinks to, or
				instructions on how to obtain, a copy of the proposed action and any supporting
				documents.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 1VAC20-10-40 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. Whenever
				directed by statute or upon its own initiative, the agency may commence the
				regulation adoption process and proceed to draft a proposal according to these
				procedures.
B. In considering any
				nonemergency, exempt regulatory action, the board 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 Town Hall or through the State Board of Elections
				website.
1. To any requesting person, the
				agency shall provide copies of the statement of basis, purpose, substance, and
				issues; any economic impact analysis of the proposed 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 20 - STATE BOARD OF ELECTIONS › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 1VAC20-10-50 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				person may petition the board to consider a regulatory action.
B. A petition shall include sufficient
				information to understand and evaluate the proposed action and contact the
				person responsible for presenting it. The following is a noninclusive list of
				information typically needed to the extent available:
1. The petitioner's name, mailing address,
				email address, and telephone number;
2. The petitioner's interest in the proposed
				action;
3. The substance and
				purpose of the rulemaking that is requested, including reference to any
				applicable Virginia Administrative Code sections;
4. Reference to the legal authority of the
				agency to take the action requested;
5. Statement of the need and justification
				for the proposed action;
6.
				Statement of the impact on the petitioner and other affected persons;
				and
7. Supporting documents, if
				applicable.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 1VAC20-10-60 - 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 the proposed text of the regulation is posted on the State Board
				of Elections website or on Town Hall, published in the Virginia Register, or
				such other time as the agency determines is appropriate.
Statutory Authority: §
											24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 1VAC20-10-70 - 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; or
2. The agency determines that resolution of a
				controversy is unlikely.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 1VAC20-10-80 - 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 State Board of Elections website or on 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: §
											24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 1VAC20-10-90 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board 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 board 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 Governor
				requests the board to hold a public hearing; or
2. The board receives requests for a public
				hearing from at least 25 persons during the public comment period following the
				publication of the notice of proposed regulatory action.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 1VAC20-10-100 - Effective date and posting to agency website

Current through Register Vol. 40, No. 24, July 15, 2024
Regulations adopted by the board shall be effective upon
				  approval by the board and compliance with all applicable legal requirements,
				  including filing with the Register of Regulations and any further conditions
				  the board may specify . All adopted regulations shall be posted to the Internet
				  within three business days after they become effective.
Statutory Authority: §
											24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 1VAC20-10-110 - Appeal of board decisions

Current through Register Vol. 40, No. 24, July 15, 2024
Any person aggrieved by an action of the board under this
				  chapter may appeal to the House or Senate Privileges and Elections Committee or
				  to the Joint Commission on Administrative Rules to make an objection as
				  provided in § 2.2-4014 of the Code of Virginia.
Statutory Authority
§§ 24.2-103 and 2.2-4014 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 1VAC20-10-120 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Following each presidential election, the
				board shall conduct a periodic review of its regulations consistent with an
				executive order issued by the Governor to receive comment on all existing
				regulations as to their effectiveness, efficiency, necessity, clarity, and cost
				of compliance.
B. A periodic
				review may be conducted separately or in conjunction with other regulatory
				actions.
C. Notice of a periodic
				review shall be posted on the State Board of Elections website or on Town Hall
				and published in the Virginia Register.
Statutory Authority: §
											24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 1VAC20-10-130 - Transition

Current through Register Vol. 40, No. 24, July 15, 2024
All regulatory actions shall be processed in accordance with
				  this chapter. Policies of the board adopted or approved before July 19, 2010,
				  shall be processed as regulations for publication in the Virginia
				  Administrative Code.
Statutory Authority
§
											24.2-103 of the Code of
					 Virginia.
Derived from Virginia Register Volume 26, Issue 23, eff.
					 July 19, 2010.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 20 - GENERAL ADMINISTRATION › Section 1VAC20-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Board" means the Virginia State Board of Elections.
"Secretary" means the Secretary of the State Board of
				  Elections.
Statutory Authority
§ 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 20 - GENERAL ADMINISTRATION › Section 1VAC20-20-20 - Electronic transmission of records containing sensitive personal information; encryption or redaction required

Current through Register Vol. 40, No. 24, July 15, 2024
State and local election staff shall use encryption
				  technology meeting the Security Requirements for Cryptographic Modules, FIPS
				  PUB 140-2, issued May 25, 2001, with change notices through December 3, 2002,
				  of the National Institute of Technology (NIST) of the United States Department
				  of Commerce (
http://csrc.nist.gov/publications/fips/fips140-2/fips1402.pdf
)
				  to transmit electronically any records containing sensitive personal
				  information. Electronic transmission includes email or facsimile transmission.
				  For purposes of this regulation, sensitive personal information means:
(i) more than four digits of a social
				security number or other unique identifier other than voter identification
				number;
(ii) day and month of
				birth; or
(iii) the residence
				address of voters qualified for protection under § 24.2-418 of the Code of
				Virginia. If encryption is not used, then all sensitive personal information
				must be redacted from the record before the record is transmitted
				electronically. "Redact" means alteration or truncation of data so that no
				sensitive personal information is accessible.
Statutory Authority
§ 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 20 - GENERAL ADMINISTRATION › Section 1VAC20-20-40 - Virginia's Help America Vote Act plan

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia's plan under the Help America Vote Act of 2002, 42
				  USC § 15301 et seq., states policy of the board and performance goals for the
				  board to document and measure.
Statutory Authority
§ 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 20 - GENERAL ADMINISTRATION › Section 1VAC20-20-50 - Fee for nonattendance at annual training

Current through Register Vol. 40, No. 24, July 15, 2024
The board, at its discretion, will impose a fee for
				  noncancellation of attendance at the annual training (workshop). This fee will
				  be limited to individuals who register to attend the training and fail to
				  cancel their attendance within three business days of the event. The fee will
				  be limited to the cost incurred as a result of the
				  noncancellation.
Statutory Authority
§ 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 20 - GENERAL ADMINISTRATION › Section 1VAC20-20-60 - Delegations to Secretary of State Board of Elections

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition to the authority described in
				1VAC20-20-30, the secretary has the
				delegations of authority to the secretary detailed in the board's minutes of
				December 2, 2004, as amended September 14, 2010. Board staff (i) may update
				that listing to correct citations and (ii) shall post the list to the Internet
				in order that additional delegations or other modifications may be proposed to
				the board by any interested person.
B. The secretary is authorized to prescribe
				the paper ballot reconciliation form under § 24.2-666 of the Code of Virginia
				and to develop, maintain, and prepare instructions for the operation of poll
				equipment before, during, and after the closing of the polls and in preparation
				of the statements of results.
C.
				The secretary shall monitor and control the quality and cost of the copies of
				Title 24.2 of the Code of Virginia and other election materials that the board
				provides to electoral boards for use at each precinct.
D. Subject to the board's policy oversight,
				the secretary has authority to conduct the board's administrative and
				programmatic operations and to discharge the board's duties consistent with
				specific delegations of authority.
E. The secretary is authorized to establish
				and maintain a central repository of forms and instructions approved for use in
				conducting elections. The forms and instructions shall be organized following a
				standard naming convention consisting of name taken from the first descriptive
				line, a statutory or other authority identifier, and revision date.
Statutory Authority
§ 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 20 - GENERAL ADMINISTRATION › Section 1VAC20-20-70 - Duty to request assistance and to notify voters of denial of applications for voter registration or absentee ballots

Current through Register Vol. 40, No. 24, July 15, 2024
A. A general registrar experiencing
				difficulty processing applications for voter registration or absentee ballots
				in a timely manner should immediately notify the secretary to request staff
				support to assure compliance with federal and state laws.
B. A general registrar should provide
				applicants with specific reasons whenever their voter registration or absentee
				applications are denied. The board shall automate the notice process through
				standard correspondence and the statewide voter registration system.
Statutory Authority
§ 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 20 - GENERAL ADMINISTRATION › Section 1VAC20-20-80 - Complaints

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person may
				make an informal complaint electronically or by telephone. Localities are
				primarily responsible for responding to all voter complaints they receive and
				may request board staff for assistance as needed.
B. A person may file a formal written
				complaint with the board as required by the Help America Vote Act of 2002, 42
				USC § 15301 et seq., using the form and instructions available from the board.
				Formal complaints require review and response by the deputy secretary or
				secretary who may contact local election officials for information. Any
				complaints not meeting the criteria for formal complaints will be responded to
				informally by appropriate staff.
Statutory Authority
§ 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 20 - GENERAL ADMINISTRATION › Section 1VAC20-20-90 - Required training for Virginia Voter Registration System users

Current through Register Vol. 40, No. 24, July 15, 2024
Access to the Virginia Voter Registration System shall be
				  restricted to individuals enrolled in a security awareness training program
				  approved or provided by the Virginia Department of Elections. Individuals who
				  do not complete assigned training within the required timeframe may have their
				  credentials revoked or limited as needed to ensure the security of the Virginia
				  Voter Registration System.
Statutory Authority: §§ 24.2-103 and 24.2-410.2 of the Code
					 of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 20 - GENERAL ADMINISTRATION › Section - DOCUMENTS INCORPORATED BY REFERENCE (1VAC20-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Security
				  Requirements for Cryptographic Modules, FIPS PUB 140-2, issued May 25, 2001,
				  including change notices through December 3, 2002, National Institute of
				  Standards and Technology, U.S. Department of Commerce
Virginia
				  State Plan - 2012, Help America Vote Act of 2002, adopted March 2012, Virginia
				  State Board of Elections
Help
				  America Vote Act of 2002 Performance Goals, Virginia State Board of Elections,
				  June 19, 2006 (Virginia State Board of Elections Policy
				  2006-004)
State
				  Board of Election Minutes of December 2, 2004, as amended September 14,
				  2010
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 40 - VOTER REGISTRATION › Article 2 - Residency for Voter Registration › Section 1VAC20-40-20 - Required intent for voter registration

Current through Register Vol. 40, No. 24, July 15, 2024
A. Nothing in this article shall be construed
				  to confer upon any person any privileges or benefits other than the right to
				  register to vote and to be qualified to vote in an election.
B. Pursuant to the requirements of §
				  24.2-404D of the Code of Virginia, the following shall apply only in
				  determining a person's residence under Article II, Sec. 1 of the Constitution
				  of Virginia and Title 24.2 of the Code of Virginia.
1. A person who intends to remain in a
				  location for an unlimited time has established the intent required to establish
				  domicile.
2. A person who intends
				  to remain in his current location for an unlimited time has established the
				  intent required to establish domicile even if he may leave upon the happening
				  of a future contingency. Examples of such future contingencies include, but are
				  not limited to, a change in job status or location, graduation from school,
				  military transfer deployments or other relocations, and medical
				  emergencies.
3. A person who
				  presently intends to leave his current location at a fixed and certain date may
				  not have established the intent required to establish domicile depending on the
				  facts and circumstances of each case, as determined by the registrar, with all
				  due consideration given to persons in the circumstances contained in
				  1VAC20-40-30 B.
4. A person who applies to register to vote
				  in a precinct for the primary purpose of registering to vote or voting in that
				  precinct has not established the intent to establish domicile there.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 40 - VOTER REGISTRATION › Article 2 - Residency for Voter Registration › Section 1VAC20-40-30 - Presumptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Residency shall
				  be broadly construed to provide the greatest opportunity to register and to
				  vote. A residence can be established in a commercial, industrial, or other
				  building that is not normally used for residential purposes if the building
				  serves as the applicant's primary nighttime residence. A homeless person will
				  be considered resident in the location where the homeless person usually sleeps
				  at night. In cases involving nontraditional habitations, the location of the
				  person's usual sleeping area shall be controlling as to the residency of that
				  person.
B. No presumption in favor
				  of or against residence may arise merely on the basis of a person's presence or
				  absence in the following circumstances:
1.
				  While employed in the service of the Commonwealth or United States, whether
				  military or civilian;
2. While
				  engaged in the navigation of the waters of the United States or of the high
				  seas;
3. While employed by or
				  enrolled as a student in any educational institution, or residing in any
				  housing commonly occupied by students or faculty;
4. While confined in any jail or other
				  correctional facility as a nonfelon;
5. While receiving treatment or being
				  confined for any reason in a nursing home, hospital, rehabilitation or short
				  term care facility, retirement or veterans' home, or like institution or
				  private facility;
6. While
				  remaining in a location only during the workweek in order to conduct business;
				  or
7. While residing in an area
				  within the boundaries of Virginia that has been ceded to or acquired by the
				  federal government.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 40 - VOTER REGISTRATION › Article 2 - Residency for Voter Registration › Section 1VAC20-40-50 - Supplemental questions

Current through Register Vol. 40, No. 24, July 15, 2024
When warranted by the situations described in
					 1VAC20-40-40 C and where any other
					 information on the voter registration application is unclear, the general
					 registrar shall ask the following questions on a form prescribed by the board
					 after notifying the applicant that any response he makes is subject to the same
					 oath he took to sign the application:
1. Are you currently registered to vote at
				  another address? The general registrar shall not ask this question unless the
				  applicant failed to provide the information on the voter registration
				  application.
a. If yes to subdivision 1 of
				  this section, what is that address, and in what county, city, or state is that
				  address located?
b. If yes to
				  subdivision 1 of this section or as indicated on the voter registration
				  application, do you wish to cancel your registration in that county, city, or
				  state and register and establish residence in this county or city in
				  Virginia?
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 40 - VOTER REGISTRATION › Article 2 - Residency for Voter Registration › Section 1VAC20-40-60 - Review of supplemental questions

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the applicant answers the questions
				  asked pursuant to
				  1VAC20-40-50 with information
				  sufficient to assign him a polling place within the precinct and to cancel his
				  current registration elsewhere, if any, the applicant shall be registered and
				  added to the voting rolls of the locality and the jurisdiction where the voter
				  was previously registered shall be notified to remove the registrant from their
				  rolls.
B. If the applicant does not
				  provide information sufficient to assign him a polling place within the
				  precinct, the application shall be denied.
C. If the applicant indicates that the
				  application was in error or filed incorrectly the registrar shall provide him
				  voting information that could allow the applicant to register or vote absentee
				  in the Commonwealth.
D. No new or
				  changed voter registration application is effective until an applicant provides
				  answers to the supplemental questions. Any such answers must be in writing and
				  must be returned before the last day to register as established in § 24.2-416
				  of the Code of Virginia. Any supplemental information based upon an application
				  made prior to the close of books shall be accepted and the applicant registered
				  if the response is received before the last day to register as established in §
				  24.2-416 of the Code of Virginia.
Statutory Authority
§ 24.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 40 - VOTER REGISTRATION › Article 2 - Residency for Voter Registration › Section 1VAC20-40-70 - Applications for voter registration; affirmation of United States citizenship

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applications for voter registration shall be on a form approved by the State
				  Board of Elections or appropriate federal agency.
B. The following omissions are not material
				  and a voter registration application shall not be denied for failure to include
				  one or more of the following:
1. Social
				  security number if the applicant checks the box indicating no SSN was ever
				  issued;
2. Gender;
3. Generational suffix;
4. Middle name if the voter checks the box
				  indicating none;
5. Email
				  address;
6. Daytime telephone
				  number;
7. Response indicating
				  protected voter status, military status, overseas status, or any other
				  information requested in Box 4;
8.
				  Mailing address;
9. State in which
				  the applicant is currently registered if the applicant is currently registered
				  in Virginia;
10. Response
				  indicating interest in serving as an officer of election;
11. Signature of applicant if applicant
				  indicates that he is an individual with physical disabilities;
12. Response indicating the applicant has a
				  physical disability if the application is signed by the applicant; or
13. Date of the application.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 40 - VOTER REGISTRATION › Article 2 - Residency for Voter Registration › Section 1VAC20-40-80 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 24.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 40 - VOTER REGISTRATION › Article 2 - Residency for Voter Registration › Form - FORMS (1VAC20-40)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia
					 Voter Registration Application Form, VA-NVRA-1 (rev. 7/2019)
National
					 Voter Registration Application Form, Register to Vote in Your State by Using
					 this Postcard Form and Guide (rev. 3/2006)
Voter
					 Photo Identification Card Application (undated)
Statutory Authority: § 24.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 45 - ABSENT MILITARY AND OVERSEAS VOTERS › Section 1VAC20-45-10 - 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:
"Application for an absentee ballot" means a Federal Post
				  Card Application (Form SF-76). A Federal Write-In Absentee Ballot (SF-186) is
				  an absentee ballot application only for the voted ballot being submitted and is
				  not an application for future elections.
"Federal-only ballot overseas voter" means a United States
				  citizen residing outside the United States indefinitely who has not provided
				  his last date of residence in Virginia or employment information showing that
				  he is employed overseas or is the spouse or dependent residing with a person
				  employed overseas. The date the applicant has provided next to his affirmation
				  will serve as his last date of residence.
Statutory Authority: § 24.2-103 of the Code of
					 Virginia.