reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 20 - STATE CORPORATION COMMISSION RULES OF PRACTICE AND PROCEDURE › Part IV - Discovery and Hearing Preparation Procedures › Section 5VAC5-20-270 - Hearing preparation

Current through Register Vol. 40, No. 24, July 15, 2024
In a formal proceeding, a party or the commission staff may
					 serve on a party a request to examine the workpapers supporting the testimony
					 or exhibits of a witness whose prepared testimony has been filed in accordance
					 with 5VAC5-20-240. The movant may
					 request abstracts or summaries of the workpapers, and may request copies of the
					 workpapers upon payment of the reasonable cost of duplication or reproduction.
					 Copies requested by the commission staff shall be furnished without payment of
					 copying costs. In actions pursuant to
					 5VAC5-20-80 A, the commission staff
					 shall, upon the filing of its testimony, exhibits, or report, provide (in
					 either paper or electronic format) a copy of any workpapers that support the
					 recommendations made in its testimony or report to any party upon request and
					 may additionally file a copy of such workpapers with the Clerk of the
					 Commission. The Clerk of the Commission shall make any filed workpapers
					 available for public inspection and copying during regular business
					 hours.
Statutory Authority
§§ 12.1-13 and 12.1-25 of the Code of Virginia.
Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 30 - UNIFORM COMMERCIAL CODE FILING RULES › Part I - General Provisions › Section 5VAC5-30-10 - Scope; severability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter governs the filing and handling of records in
					 the Clerk's Office of the State Corporation Commission pursuant to Title 8.9A
					 of the Code of Virginia. Each provision of this chapter is severable from all
					 other provisions.
Statutory Authority
§§ 8.9-526A and 12.1-13 of the Code of
						Virginia.
Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 30 - UNIFORM COMMERCIAL CODE FILING RULES › Part I - General Provisions › Section 5VAC5-30-30 - General filing and search requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. UCC records may be delivered to the filing
				  office for filing as follows:
1. By personal
				  delivery, at the filing office street address;
2. By courier delivery, at the filing office
				  street address;
3. By postal
				  delivery, to the filing office mailing address; or
4. By electronic delivery method provided and
				  authorized by the filing office.
Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 30 - UNIFORM COMMERCIAL CODE FILING RULES › Part I - General Provisions › Section 5VAC5-30-40 - Forms, fees, and payments

Current through Register Vol. 40, No. 24, July 15, 2024
A. Forms.
1. The filing office shall only accept forms
				  for UCC records that conform to the requirements of this chapter.
2. The forms approved by the International
				  Association of Commercial Administrators as they appear on the filing office's
				  website (
http://www.scc.virginia.gov/clk/uccfile.aspx
)
				  shall be accepted.
3. The filing
				  office may approve other forms for acceptance, including additional forms
				  approved by the International Association of Commercial
				  Administrators.
Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 30 - UNIFORM COMMERCIAL CODE FILING RULES › Part II - UCC Record Requirements › Section 5VAC5-30-50 - Acceptance and refusal of UCC records; continuation statements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The duties and
				  responsibilities of the filing office with respect to the administration of the
				  UCC are ministerial. In accepting for filing or refusing to file a UCC record
				  pursuant to this chapter, the filing office does none of the following:
1. Determine the legal sufficiency or
				  insufficiency of a UCC record;
2.
				  Determine that a security interest in collateral exists or does not
				  exist;
3. Determine that
				  information in the UCC record is correct or incorrect, in whole or in part;
				  or
4. Create a presumption that
				  information in the UCC record is correct or incorrect, in whole or in
				  part.
Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 30 - UNIFORM COMMERCIAL CODE FILING RULES › Part III - UCC Record Filing and Searches › Section 5VAC5-30-60 - Filing and data entry procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The filing office may correct errors made
				  by its personnel in the UCC information management system at any time. The
				  filing office shall file a filing officer statement in the UCC information
				  management system identifying the UCC record to which it relates, the date of
				  the correction or other action taken, and an explanation of the corrective or
				  other action taken. The filing officer statement shall be preserved as long as
				  the UCC record of the initial financing statement is preserved in the UCC
				  information management system.
B.
				  An error by a filer or remitter is the responsibility of that person. It can be
				  corrected by filing an amendment or it can be disclosed by filing an
				  information statement pursuant to § 8.9-518A of the Code of
				  Virginia.
C.
1. A UCC record delivered to the filing
				  office for filing shall designate whether a name is a name of an individual or
				  an organization. If the name is that of an individual, the surname, first
				  personal name, additional name or names, and any suffix shall be
				  given.
2. Organization names are
				  entered into the UCC information management system exactly as set forth in the
				  UCC record, even if it appears that multiple names are set forth in the UCC
				  record or if it appears that the name of an individual has been included in the
				  field designated for an organization name.
3. The filing office will only accept forms
				  that designate separate fields for individual and organization names and
				  separate fields for the surname, first personal name, additional name or names,
				  and any suffix. Such forms diminish the possibility of filing office error and
				  help assure that filers' expectations are met. However, the inclusion of names
				  in an incorrect field or the failure to transmit names accurately to the filing
				  office may cause a financing statement to be ineffective.
Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 30 - UNIFORM COMMERCIAL CODE FILING RULES › Part III - UCC Record Filing and Searches › Section 5VAC5-30-70 - Search requests and reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. The filing office maintains for public
				  inspection a searchable index for all UCC records. The index shall provide for
				  the retrieval of all filed UCC records by the name of the debtor and by the
				  file number of the initial financing statement.
B. Search requests shall be made only on the
				  Information Request form (Form UCC11) and shall include:
1. The name of the debtor to be searched,
				  specifying whether the debtor is an individual or organization. A search
				  request will be processed using the exact name provided by the
				  requestor.
2. The name and address
				  of the person to whom the search report is to be sent.
3. Payment of the appropriate fee, which
				  shall be made by a method set forth in this chapter.
Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 30 - UNIFORM COMMERCIAL CODE FILING RULES › Part III - UCC Record Filing and Searches › Form - FORMS (5VAC5-30)

Current through Register Vol. 40, No. 24, July 15, 2024
UCC
					 Financing Statement, Form UCC1 (rev. 4/11)
.
UCC
					 Financing Statement Addendum, Form UCC1Ad (rev. 4/11)
.
UCC
					 Financing Statement Additional Party, Form UCC1AP (rev. 8/11)
.
UCC
					 Financing Statement Amendment, Form UCC3 (rev. 4/11)
.
UCC
					 Financing Statement Amendment Addendum, Form UCC3Ad (rev. 4/11)
.
UCC
					 Financing Statement Amendment Additional Party, Form UCC3AP (rev.
					 8/11)
.
UCC
					 Information Statement, Form UCC5 (rev. 7/12)
.
UCC
					 Information Request, Form UCC11 (rev. 7/12)
.
Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 40 - ADMINISTRATION OF THE OFFICE OF THE CLERK OF THE COMMISSION › Section 5VAC5-40-10 - Fees to be charged by the commission

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Office of the Clerk shall charge and
				collect a fee of $6.00 for each certificate of fact provided pursuant to §
									12.1-20 of the Code of
				Virginia.
B. The commission shall
				charge and collect for furnishing a paper copy of any document or any
				information from its records a fee as set forth in this subsection.
1. If the number of pages is 25 or fewer, no
				charge.
2. If the number of pages
				is between 26 and 50, $10.
3. If
				the number of pages is 51 or more, $20.
If the commission receives two or more requests for copies of
				  documents or information that it reasonably believes are intended to evade the
				  payment of the charge for furnishing a copy, the requests may be aggregated and
				  treated as a single request.
Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 40 - ADMINISTRATION OF THE OFFICE OF THE CLERK OF THE COMMISSION › Section 5VAC5-40-20 - Assessment of limited liability companies

Current through Register Vol. 40, No. 24, July 15, 2024
Each year, the commission shall ascertain from its records
				  each domestic limited liability company and each foreign limited liability
				  company registered to transact business in the Commonwealth, as of the first
				  day of the second month preceding the month in which it was organized or
				  registered to transact business in the Commonwealth, and shall assess against
				  each such limited liability company the annual registration fee imposed in
				  subsection A of § 13.1-1062 of the Code of Virginia, and, except as
				  provided in subsection C of § 13.1-1062, that each such limited liability
				  company shall pay the assessment due into the state treasury on or before the
				  last day of the 12th month next succeeding the month in which it was organized
				  or registered to transact business in the Commonwealth, and by such date in
				  each year thereafter; provided that the initial annual registration fee to be
				  paid by a domestic limited liability company created by conversion shall be due
				  in the year after the calendar year in which it converted.
Each limited liability company will be sent a notice of
				  assessment approximately two months prior to its anniversary month of formation
				  or registration. The assessment payment is due by the last day of the
				  anniversary month of formation or registration. For example, a limited
				  liability company with an anniversary month of formation or registration of
				  July will be assessed an annual registration fee on the preceding May 1, and
				  payment of the fee will be due on or before July 31.
Statutory Authority
§ 13.1-1062 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 10 - DEPARTMENT (BOARD) OF CORRECTIONAL EDUCATION › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 6VAC10-10-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall mean the following unless the context clearly states otherwise:
"Administrative Process Act" means Chapter 1.1:1 (§ 9-6.14:1
				  et seq.) of Title 9 of the Code of Virginia.
"Agency" means the Department of Correctional
				  Education.
"Approving authority" means the Board of Correctional
				  Education established pursuant to Chapter 18 (§ 22.1-339 et seq.) of Title
				  22.1, of the Code of Virginia as the legal authority to adopt
				  regulations.
"Formal hearing" means an agency process other than an
				  informational or factual inquiry of an informal nature provided in § 9-6.14:7.1
				  of the Administrative Process Act, and includes an opportunity for private
				  parties to submit factual proofs in evidential hearings as provided in §
				  9-6.14:8 of the Administrative Process Act.
"Locality particularly affected" means a locality that bears
				  an identified disproportionate material impact that would not be felt by other
				  localities.
"Participatory approach" means a method for the use of (i)
				  standing advisory committees, (ii) ad hoc advisory groups or panels, (iii)
				  consultation with groups or individuals registering interest in working with
				  the agency, or (iv) a combination of these in the formation and development of
				  regulations for agency consideration. When an ad hoc advisory group is formed,
				  the group shall include representatives of the regulated community and the
				  general public. The decisions as to membership of the group shall be at the
				  discretion of the superintendent.
"Person" means an individual, corporation, partnership,
				  association, governmental body, municipal corporation, or other legal
				  entity.
"Public hearing" means an informal proceeding, held in
				  conjunction with the Notice of Comment Period, and similar to that provided for
				  in § 9-6.14:7.1 of the Administrative Process Act, to afford persons an
				  opportunity to submit views and data relative to regulations on which a
				  decision of the appropriate authority is pending.
"Public meeting" means an informal proceeding conducted by
				  the agency in conjunction with the Notice of Intended Regulatory Action to
				  afford persons an opportunity to submit comments relative to intended
				  regulatory action.
"Superintendent" means the Superintendent of the Department
				  of Correctional Education, or his designee.
Statutory Authority
§§ 2.2-4007 and 22.1-343 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 10 - DEPARTMENT (BOARD) OF CORRECTIONAL EDUCATION › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 6VAC10-10-20 - General provisions; petitioning for the adoption, amendment or repeal of a regulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				procedures in
				6VAC10-10-30 shall be used for
				soliciting input of interested persons in the formation, development, amendment
				or repeal of regulations exempted from the provisions of the Administrative
				Process Act (§ 9-6.14:4.1A and B) or excluded from the operation of Article 2
				(§ 9-6.14:4.1C ) of the Administrative Process Act.
B. The failure of any person to receive a
				notice or copies of a document provided under these guidelines shall not affect
				the validity of a regulation.
C.
				Any person may petition the approving authority for the adoption, amendment or
				repeal of a regulation. The petition, at a minimum, shall contain the following
				information:
1. Name of the
				petitioner;
2. Petitioner's mailing
				address and telephone number;
3.
				Petitioner's interest in the proposed action;
4. Recommended regulation or addition,
				deletion or amendment to a specific regulation or regulations;
5. Statement of need and justification for
				the proposed action;
6. Statement
				of impact on the petitioner and other affected persons; and
7. Supporting documents, as
				applicable.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 10 - DEPARTMENT (BOARD) OF CORRECTIONAL EDUCATION › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 6VAC10-10-30 - Public participation guidelines

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall establish and maintain a
				list or lists consisting of persons expressing an interest in the adoption,
				amendment or repeal of regulations. Any person wishing to be placed on a list
				may do so by writing the agency. In addition, the agency, at its discretion,
				may add to the list any person, organization or publication it believes will be
				interested in participating in the promulgation of regulations. Individuals and
				organizations may be periodically requested to state their desire to continue
				to receive documents or be deleted from a list. Individuals and organizations
				may be deleted from a list at the request of the individual or at the
				discretion of the agency when mail is returned as undeliverable.
B. Whenever the approving authority so
				directs, or on its own initiative, the agency may begin the regulatory adoption
				process and proceed to draft a proposal according to these
				procedures.
C. The agency shall use
				the participatory approach to assist in the development of the proposal or use
				one of the following alternatives:
1. Proceed
				without using the participatory approach if the approving authority
				specifically authorizes the agency to proceed without using the participatory
				approach.
2. Include in the Notice
				of Intended Regulatory Action (NOIRA) a statement inviting comment on whether
				the agency should use the participatory approach to assist the agency in the
				development of the proposal. If the agency receives written responses from at
				least five persons during the associated comment period indicating that the
				agency should use the participatory approach, the agency shall use the
				participatory approach requested. Should different approaches be requested, the
				superintendent shall determine the specific approach to be utilized.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 6VAC15-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment, or repeal of the regulations of the
					 State Board of Local and Regional Jails. This chapter does not apply to
					 regulations, guidelines, or other documents exempted or excluded from the
					 provisions of the Administrative Process Act (§
										2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority: §§
												2.2-4007.02 and
						53.1-5 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 6VAC15-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 53.1-5 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 6VAC15-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  6VAC15-11-30, the agency shall send
				  the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC15-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (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 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC15-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition the
				  agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC15-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC15-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC15-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 53.1-5 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC15-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC15-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part II - Certification Process › Section 6VAC15-20-30 - Frequency of audits

Current through Register Vol. 40, No. 24, July 15, 2024
A. All local
				  and private correctional facilities and community residential programs
				  affiliated with the department shall be audited every three years.
1. The regional office or facility staff
				  shall notify the Compliance and Accreditation Unit supervisor in writing within
				  30 days after a new facility or program accepts the first offender.
2. The regional office staff shall conduct a
				  preparatory audit of a new community residential program during the first six
				  months of operation.
3. The
				  Compliance and Accreditation Unit shall conduct a compliance audit during the
				  second six months of operation and on a regular schedule thereafter as provided
				  by this section.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part II - Certification Process › Section 6VAC15-20-40 - Preparation for audit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  Compliance and Accreditation Unit supervisor shall develop an annual audit
				  schedule.
1. The schedule shall be submitted
				  to the Compliance and Accreditation Unit manager for review, comment and
				  approval.
2. Upon approval, the
				  Compliance and Accreditation Unit supervisor shall:
a. Disseminate the final schedule as
				  appropriate, and
b. Review the
				  schedule as necessary and make adjustments for additional audits.
3. Changes to the final audit
				  schedule shall be agreed upon by the Compliance and Accreditation Unit
				  manager.
4. The Compliance and
				  Accreditation Unit supervisor shall notify the facility or program
				  administrator of the change. Changes shall not extend the audit date beyond the
				  established frequency limits without board approval.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part II - Certification Process › Section 6VAC15-20-50 - On-site audit procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  certification analyst shall, on the first day of the audit, orient the team to
				  the audit process and afford the facility or program administrator an
				  opportunity to brief the team on aspects of the facility or program that may
				  have a bearing on the audit.
B. The
				  facility or program administrator shall grant the team access to all documents,
				  staff and areas of the facility or program that are relevant to establishing
				  compliance.
C. A facility or
				  community residential program with an approved variance shall provide such
				  documentation to the certification team.
D. Data shall be collected through
				  documentation, interview and observation.
E. The certification analyst shall brief the
				  facility or program administrator daily on audit progress and preliminary
				  findings. At this time, the facility or program administrator may introduce
				  additional data having a bearing on the team's findings.
F. The entire certification team shall be
				  included in compliance decisions.
1. When a
				  team member finds an indication of noncompliance, the team member shall notify
				  the entire team and provide all available information regarding the standard in
				  question.
2. The team leader shall
				  obtain consensus of the members to the compliance.
3. If a consensus cannot be obtained, the
				  matter shall be referred to the Compliance and Accreditation Unit
				  supervisor.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part II - Certification Process › Section 6VAC15-20-60 - Audit findings

Current through Register Vol. 40, No. 24, July 15, 2024
The Compliance and Accreditation Unit shall mail the audit
					 findings to the facility or program administrator and the regional office
					 within five working days following the compliance audit.
Statutory Authority
§ 53.1-5 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part II - Certification Process › Section 6VAC15-20-70 - Development of a plan of action

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  plan of action shall be developed for all deficiencies noted in the compliance
				  audit findings. The plan of action must identify the following:
1. The tasks required to correct a noted
				  deficiency;
2. The personnel
				  responsible for completing the tasks; and
3. The actual or proposed date of task
				  completion.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part II - Certification Process › Section 6VAC15-20-80 - Variance requests

Current through Register Vol. 40, No. 24, July 15, 2024
A variance may be requested by a facility or program
					 administrator when unable to comply with a standard.
1. Variance requests shall be submitted along
				  with the plan of action for any deficiencies cited during the audit. Variance
				  requests shall include:
a. The standard that
				  cannot be met;
b. Justification for
				  variance; and
c. The time frame for
				  the variance.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part II - Certification Process › Section 6VAC15-20-90 - Appeal process for audits/inspections and schedule

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Board of Corrections will review
				  appeals for locally or privately operated community facilities or community
				  residential programs.
B. Appeals
				  shall be submitted to the Compliance and Accreditation Unit (as noted above)
				  along with the plan of action within 10 working days of receipt of the
				  notification of deficiencies. The Compliance and Accreditation Unit supervisor
				  shall submit the appeal to the board.
C. Upon completion of the board's review of
				  the appeal, notification of the decision shall be forwarded no later than five
				  days after the board meeting to the facility or program
				  administrator.
D. If the appeal is
				  ultimately denied by the board, the Compliance and Accreditation Unit will
				  review and confirm the submitted plan of action and present a final
				  recommendation for consideration by the board at the following board
				  meeting.
Statutory Authority
§ 53.1-5 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part II - Certification Process › Section 6VAC15-20-100 - Board action on audit results

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Compliance and Accreditation Unit
				  supervisor shall submit audit reports to the board no later than 60 days after
				  completion of the audit. Audit reports shall include:
1. A list of deficiencies;
2. Plans of corrective action and completion
				  status;
3. Similar deficiencies
				  from the previous audit; and
4.
				  Recommended action for consideration by the board.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part II - Certification Process › Section 6VAC15-20-110 - Notifications

Current through Register Vol. 40, No. 24, July 15, 2024
The Compliance and Accreditation Unit supervisor shall
					 notify the facility or program administrator of the certification status
					 immediately following the board's action. The facility or program administrator
					 shall post the letter or certificate in a place conspicuous to the
					 public.
Statutory Authority
§ 53.1-5 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part II - Certification Process › Section 6VAC15-20-120 - Actions that can be taken when decertified

Current through Register Vol. 40, No. 24, July 15, 2024
When a facility or community residential program is
					 decertified the board may consider taking the following actions in compliance
					 with statutes, policies, and procedures established by the board, the
					 department, or other state or federal agencies:
1. Board action for facilities or community
				  residential programs that are privately operated may include, but not be
				  limited to, the following:
a. The facility or
				  program administrator authorized to take action may bring about a
				  reorganization of the facility or community residential program structure or
				  other personnel actions deemed necessary to bring it into compliance with
				  standards; or
b. The facility or
				  community residential program may be closed in accordance with established
				  procedures.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part III - Inspection Process › Section 6VAC15-20-130 - Inspection method

Current through Register Vol. 40, No. 24, July 15, 2024
A. Inspections
				  shall be governed by § 53.1-68 of the Code of Virginia.
B. Inspections shall be conducted to inspect
				  for compliance with all life, health and safety standards in the Board of
				  Corrections' Minimum Standards for Local Jails and Lockups
				  (6VAC15-40).
Statutory Authority
§ 53.1-5 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part III - Inspection Process › Section 6VAC15-20-140 - Inspection schedule

Current through Register Vol. 40, No. 24, July 15, 2024
A. All local
				  correctional facilities shall undergo life, health and safety inspections by
				  the Compliance and Accreditation Unit.
B. The Compliance and Accreditation Unit
				  local facilities supervisor shall prepare an annual inspection schedule.
1. The inspection schedule shall not be
				  published outside the Board of Corrections, Department of Corrections and
				  Virginia Department of Health.
2.
				  The inspection schedule shall be prepared in conjunction with the compliance
				  audit schedule.
3. Upon
				  recommendation by the Compliance and Accreditation Unit local facilities
				  supervisor, the board may waive the requirement for an inspection in the year
				  in which a local correctional facility undergoes a compliance audit except in
				  which the local correctional facility administrator changes.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part III - Inspection Process › Section 6VAC15-20-150 - Preparation for inspection

Current through Register Vol. 40, No. 24, July 15, 2024
Inspections shall be conducted by a local facilities
					 manager on the basis of an annual schedule assignment.
1. Larger local correctional facilities may
				  require more than one staff person to perform the inspection. In this event,
				  the manager assigned to the inspection may request assistance of other
				  Compliance and Accreditation Unit staff or regional office personnel.
2. The local facilities manager may
				  coordinate the inspection with local health department officials.
Statutory Authority
§ 53.1-5 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part III - Inspection Process › Section 6VAC15-20-160 - On-site inspection procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The local facilities manager shall
				  announce the intent of the visit and produce official identification if
				  required upon arrival at the local correctional facility.
B. The local correctional facility shall
				  grant access to all documents, staff and areas of the facility necessary to
				  complete the inspection and assess standards compliance.
C. Denial of access to the facility for any
				  reasons other than bonafide security or emergency situations shall result in
				  findings of noncompliance on all standards. In the event of denial of access,
				  the local facilities manager will notify the Compliance and Accreditation Unit
				  manager immediately. The inspection may be rescheduled if it is determined that
				  denial of access was warranted.
D.
				  Compliance data shall be gathered through documentation, interview and
				  observation.
E. The local
				  facilities manager assigned to the inspection shall determine compliance in the
				  event more than one staff conduct the inspection.
F. All life, health and safety standards
				  shall be assessed for compliance at the time of the inspection using the
				  inspection form to indicate a yes or no finding. Situations which prevent
				  access to documentation, observation or interview to determine compliance shall
				  result in a finding of noncompliance for the applicable standard.
G. A debriefing with the facility
				  administrator or staff in charge shall be held upon inspection completion. If
				  requested, the local facilities manager may debrief other jail
				  personnel.
Statutory Authority
§ 53.1-5 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part III - Inspection Process › Section 6VAC15-20-170 - Inspection findings

Current through Register Vol. 40, No. 24, July 15, 2024
The inspection report shall be provided to the facility
					 upon completion of the inspection.
Statutory Authority
§ 53.1-5 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part III - Inspection Process › Section 6VAC15-20-180 - Correction of deficiencies

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Facility administrators shall advise the Compliance and Accreditation Unit
				  local facilities supervisor in writing of the correction of all cited
				  deficiencies within seven days following the inspection. Adequate documentation
				  to support deficiency corrections shall be provided.
B. The Compliance and Accreditation Unit
				  local facilities manager shall assist facilities in correcting deficiencies
				  where necessary and monitor the submission of written notification of
				  deficiency corrections.
C. The
				  Compliance and Accreditation Unit local facilities manager shall maintain
				  copies of all inspection reports and provide a monthly report to the Compliance
				  and Accreditation Unit local facilities supervisor on inspection results.
				  Deficiencies not corrected within 30 days shall be reported as life, health and
				  safety alerts.
Statutory Authority
§ 53.1-5 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part III - Inspection Process › Section 6VAC15-20-190 - Board action on inspection results

Current through Register Vol. 40, No. 24, July 15, 2024
A. Inspection results shall be reported by
				  the Compliance and Accreditation Unit local facilities supervisor to the board
				  on a monthly basis and deficiencies not corrected will be reported as life,
				  health and safety alerts.
B. The
				  results of all inspections conducted shall be reported to the board.
C. The board shall be notified immediately of
				  all life, health and safety alerts, including denial of access. Upon review of
				  alert deficiencies, the Board of Corrections chairman, or in his absence the
				  vice chairman, may change the certification status of the facility in
				  question.
D. Board actions taken in
				  response to inspection results shall be as described in
				  6VAC15-20-190.
Statutory Authority
§ 53.1-5 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 20 - REGULATIONS GOVERNING CERTIFICATION AND INSPECTION › Part III - Inspection Process › Section 6VAC15-20-200 - Health inspection schedule

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  All local correctional facilities shall undergo inspections by the Virginia
				  Department of Health in accordance with § 53.1-68 of the Code of
				  Virginia.
B. Virginia Department of
				  Health environmental staff, under the delegated power of the State Health
				  Commissioner and the district health director, shall be responsible for
				  scheduling and administrating local correctional facility
				  inspections.
C. The Office of
				  Environmental Health Services of the Virginia Department of Health shall
				  provide the technical and administrative guidance to district and local health
				  departments as necessary or requested. Local health departments may coordinate
				  the inspections with the department's Compliance and Accreditation
				  Unit.
Statutory Authority
§ 53.1-5 of the Code of Virginia.