reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 220 - QUALIFIED EDUCATION LOAN SERVICERS › Section 10VAC5-220-60 - Responding to requests from the Bureau of Financial Institutions; providing false, misleading, or deceptive information

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the bureau requests information from an
				applicant to complete a deficient application filed under §
									6.2-2603
				or
				6.2-2609
				of the Code of Virginia and the information is not received within 60 days of
				the request, the application shall be deemed abandoned unless a request for an
				extension of time is received and approved by the bureau prior to the
				expiration of the 60-day period.
B.
				When the bureau requests a written response, books, records, documentation, or
				other information from a licensee in connection with the bureau's
				investigation, enforcement, or examination of compliance with applicable laws,
				the licensee shall deliver a written response as well as any requested books,
				records, documentation, or information within the time period specified in the
				bureau's request. If no time period is specified, a written response as well as
				any requested books, records, documentation, or information shall be delivered
				by the licensee to the bureau not later than 30 days from the date of such
				request. In determining the specified time period for responding to the bureau
				and when considering a request for an extension of time to respond, the bureau
				shall take into consideration the volume and complexity of the requested
				written response, books, records, documentation, or information and such other
				factors as the bureau determines to be relevant under the circumstances. If a
				licensee described in subsection A of §
									6.2-2602
				of the Code of Virginia is unable to deliver a written response, books,
				records, documentation, or other information requested by the bureau, the
				licensee shall provide the bureau with documentation asserting the basis for
				the licensee's inability to comply with this subsection not later than 30 days
				from the date of the bureau's request.
C. A licensee or applicant shall not provide
				any information to the bureau, either directly or through the Registry, that is
				false, misleading, or deceptive.
Statutory Authority: §§
											6.2-2622 and
					 12.1-13
					 of the Code of Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 220 - QUALIFIED EDUCATION LOAN SERVICERS › Section 10VAC5-220-70 - Annual reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to subsection B of §
									6.2-2612
				  of the Code of Virginia, each licensee shall annually, on or before March 1,
				  file a written report with the commissioner or Registry containing such
				  information as the commissioner may require concerning the licensee's business
				  and operations during the preceding calendar year.
In addition to other information required by the
				  commissioner, the licensee shall provide the total number and dollar amount of
				  qualified education loans serviced by the licensee pursuant to Chapter
				  26.
Statutory Authority: §§
											6.2-2622 and
					 12.1-13
					 of the Code of Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 220 - QUALIFIED EDUCATION LOAN SERVICERS › Section 10VAC5-220-80 - Schedule for annual fees for the examination, supervision, and regulation of qualified education loan servicers

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to §
									6.2-2614 of the Code
				  of Virginia, the commission sets the following schedule of annual fees to be
				  paid by licensees. Such fees are to defray the costs of examination,
				  supervision, and regulation of licensees by the bureau. The fees are related to
				  the actual costs of the bureau, the volume of business of the licensees, and to
				  other factors relating to supervision and regulation.
The annual fee shall be $1,000 per licensee plus $0.48 per
				  qualified education loan serviced by the licensee pursuant to Chapter 26 during
				  the calendar year preceding the year of the assessment. In cases where a
				  licensee was not licensed under Chapter 26 as of December 31 of the calendar
				  year preceding the year of the assessment, the annual fee shall be $0.
Fees shall be assessed on or before April 1 every calendar
				  year. By law the fee must be paid on or before May 1.
The written report filed annually by each licensee pursuant
				  to 10VAC5-220-70 shall provide the basis for its assessment.
Fees prescribed and assessed pursuant to this schedule are
				  apart from and do not include the following:
(i) the reimbursement for expenses permitted
				by subsection B of §
									6.2-2614 of the Code
				of Virginia and
(ii) the annual
				license renewal fee authorized by subsection B of §
									6.2-2601
				of the Code of Virginia.
Statutory Authority: §§
											6.2-2622 and
					 12.1-13
					 of the Code of Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 220 - QUALIFIED EDUCATION LOAN SERVICERS › Section 10VAC5-220-90 - Commission authority

Current through Register Vol. 40, No. 24, July 15, 2024
The commission may, at its discretion, waive or grant
				  exceptions to any provision of this chapter for good cause
				  shown.
Statutory Authority: §§
											6.2-2622 and
					 12.1-13
					 of the Code of Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 230 - DEBT SETTLEMENT SERVICES PROVIDERS › Section 10VAC5-230-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				words and terms when used in this chapter shall have the following meanings
				unless the context clearly indicates otherwise:
"Advertisement" for purposes of Chapter 20.1 and this chapter
				  means a commercial message in any medium that promotes, directly or indirectly,
				  the offering of debt settlement services to any consumer. The term includes a
				  communication sent to a consumer as part of a solicitation of business but
				  excludes messages on promotional items, such as pens, pencils, notepads, hats,
				  and calendars, as well as other information distributed or made available
				  solely to other businesses. The term also excludes materials that are solely
				  educational and informational in purpose.
"Affiliate" means an entity of which 1.0% or more of the
				  voting shares or ownership interest is held, directly or indirectly, by a
				  person that also owns, directly or indirectly,1.0% or more of the voting shares
				  or ownership interest of a licensee.
"Chapter 20.1" means Chapter 20.1 (§ 6.2-2026 et seq.)
				  of Title 6.2 of the Code of Virginia.
"Owner" means a person who holds, directly or indirectly,
				  1.0% or more of the voting shares or ownership interest of a licensee.
"Subsidiary" means an entity of which any of the voting
				  shares or ownership interest is held, directly or indirectly, by a
				  licensee.
B. Other terms
				used in this chapter shall have the meanings set forth in § 6.2-100 or
				6.2-2026 of the Code of Virginia.
Statutory Authority: §§ 6.2-2039 and 12.1-13 of
					 the Code of Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 230 - DEBT SETTLEMENT SERVICES PROVIDERS › Section 10VAC5-230-20 - Bond coverage

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Pursuant to § 6.2-2029 of the Code of Virginia, a surety bond shall be
				filed with the commissioner and continuously maintained thereafter in full
				force by each licensee. The form of the bond shall be prescribed and provided
				by the commissioner. The bond amount required for initial licensure shall be at
				least $25,000. After initial licensure, the bond amount required may be
				adjusted annually based on the volume of debt settlement services agreements
				maintained by a licensee during the preceding calendar year and any other
				factors deemed pertinent by the commissioner.
B. If a person has filed a surety bond with
				the commissioner, the bond shall be retained by the commissioner
				notwithstanding the occurrence of any of the following events:
1. The person's application for a license is
				withdrawn or denied;
2. The
				person's license is surrendered, suspended, or revoked; or
3. The person ceases engaging in the business
				of providing or offering to provide debt settlement
				services.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 230 - DEBT SETTLEMENT SERVICES PROVIDERS › Section 10VAC5-230-30 - Reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within
				15 days following the occurrence of any of the following events, a licensee
				shall file a written report with the commissioner describing the event and its
				expected impact upon the business of the licensee:
1. Bankruptcy, reorganization, or
				receivership proceedings are filed by or against the licensee.
2. Any local, state, or federal governmental
				authority institutes revocation, suspension, or other formal administrative,
				regulatory, or enforcement proceedings against the licensee relating to its
				debt settlement services business or similar business.
3. Any local, state, or federal governmental
				authority (i) revokes or suspends the licensee's debt settlement services
				license or other license for a similar business; (ii) takes formal
				administrative, regulatory, or enforcement action against the licensee relating
				to its debt settlement services business or similar business; or (iii) takes
				any other action against the licensee relating to its debt settlement services
				business or similar business where the total amount of restitution or other
				payment from the licensee exceeds $5,000. A licensee shall not be required to
				provide the commissioner with information about such event to the extent that
				such disclosure is prohibited by the laws of another state.
4. Based on allegations by any local, state,
				or federal governmental authority that the licensee violated any law or
				regulation applicable to the conduct of its licensed debt settlement services
				business or similar business, the licensee enters into, or otherwise agrees to
				the entry of, a settlement or consent order, decree, or agreement with or by
				such governmental authority.
5. In
				lieu of threatened or pending license revocation, license suspension, or other
				administrative, regulatory, or enforcement action, the licensee surrenders its
				license to engage in (i) the business of providing or offering to provide debt
				settlement services in another state or (ii) any similar business in another
				state.
6. The licensee is denied a
				license to engage in (i) the business of providing or offering to provide debt
				settlement services in another state or (ii) any similar business in another
				state.
7. The licensee or any of
				its members, partners, directors, officers, principals, or employees is
				indicted for or convicted of a felony, if known.
8. The Attorney General or any other Virginia
				governmental authority institutes an action against the licensee under the
				Virginia Consumer Protection Act (§ 59.1-196 et seq. of the Code of
				Virginia).
9. Such other events as
				may be prescribed by the commissioner.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 230 - DEBT SETTLEMENT SERVICES PROVIDERS › Section 10VAC5-230-40 - Schedule of annual fees for the examination, supervision, and regulation of debt settlement services providers

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to § 6.2-2038 of the Code of Virginia, the
				  commission sets the following schedule of annual fees to be paid by persons
				  licensed under Chapter 20.1. The fees are to defray the costs of examination,
				  supervision, and regulation of licensees by the bureau.
Each licensee shall pay an annual fee equal to the sum of the
				  following:
(i) $1,000, and
(ii) $3.44 per debt settlement services
				agreement maintained by the licensee during the calendar year preceding the
				year of the assessment. In cases where a licensee was not licensed under
				Chapter 20.1 as of December 31 of the calendar year preceding the year of the
				assessment, the annual fee shall be $0.
The fee assessed using the schedule set forth in this section
				  shall be rounded down to the nearest whole dollar.
Fees shall be assessed on or before June 1 for the current
				  calendar year. The fee shall be paid on or before July 1.
The information supplied in the annual report due March 25
				  each year of each licensee provides the basis for its assessment.
Fees prescribed and assessed by this schedule are apart from
				  and do not include the reimbursement for expenses permitted by subsection B of
				  § 6.2-2038 of the Code of Virginia.
Statutory Authority: §§ 6.2-2039 and 12.1-13 of
					 the Code of Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 230 - DEBT SETTLEMENT SERVICES PROVIDERS › Section 10VAC5-230-50 - Additional business requirements and restrictions; acquisitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. A licensee shall
				continuously maintain the requirements and standards for licensure prescribed
				in § 6.2-2031 of the Code of Virginia.
B. If a licensee provides debt settlement
				services in connection with a debt settlement services agreement that has been
				set up or established by any person other than a credit counselor of the
				licensee, then the licensee shall ensure that (i) the total fees charged to the
				consumer in connection with the debt settlement services, including any fees
				for enrolling the consumer or setting up or establishing the agreement, do not
				exceed the limitations in § 6.2-2041 of the Code of Virginia; and (ii) the
				agreement complies with Chapter 20.1 and this chapter.
C. A licensee shall not sell or otherwise
				assign a debt settlement services agreement to another person unless the
				purchaser or assignee is licensed or exempt from licensure under Chapter
				20.1.
D. A licensee shall not refer
				or direct an individual for whom the licensee is providing debt settlement
				services to any creditor that is an affiliate, owner, or subsidiary of the
				licensee, unless the licensee can establish that in accordance with subdivision
				7 of § 6.2-2040 of the Code of Virginia the licensee did not and will not
				receive a gift or bonus, premium, reward, or other compensation, directly or
				indirectly, for advising, arranging, or assisting the individual in connection
				with obtaining an extension of credit or other service from the creditor,
				except for educational or counseling services required in connection with a
				government-sponsored program.
E. A
				licensee shall comply with all state and federal laws and regulations
				applicable to the conduct of its business, including the Standards for
				Safeguarding Customer Information (16 CFR Part 314) .
F. A licensee or person required to be
				licensed under Chapter 20.1 shall not provide any information to the bureau
				that is false, misleading, or deceptive.
G. A licensee or person required to be
				licensed under Chapter 20.1 shall not provide any information to a consumer
				that is false, misleading, or deceptive.
H. A licensee or person required to be
				licensed under Chapter 20.1 shall not engage in any activity that directly or
				indirectly results in an evasion of the provisions of Chapter 20.1 or this
				chapter.
I. A person shall remain
				subject to the provisions of Chapter 20.1 and this chapter applicable to
				licensees in connection with all debt settlement services provided or offered
				to be provided while licensed under Chapter 20.1 notwithstanding the occurrence
				of any of the following events:
1. The
				person's license is surrendered, suspended, or revoked; or
2. The person ceases providing debt
				settlement services.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 230 - DEBT SETTLEMENT SERVICES PROVIDERS › Section 10VAC5-230-60 - Advertising

Current through Register Vol. 40, No. 24, July 15, 2024
A. A licensee shall
				disclose the following information in its advertisements:
1. The name of the licensee as set forth in
				the license issued by the commission.
2. A statement that the licensee is "licensed
				by the Virginia State Corporation Commission."
3. The license number assigned by the
				commission to the licensee (i.e., DSP-XXX).
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 230 - DEBT SETTLEMENT SERVICES PROVIDERS › Section 10VAC5-230-70 - Enforcement; civil penalties

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Failure to comply with any provision of Chapter 20.1 or this chapter may result
				in civil penalties, license suspension, license revocation, the entry of a
				cease and desist order, or other appropriate enforcement action.
B. Pursuant to § 6.2-2046 of the Code of
				Virginia, a person shall be subject to a civil penalty of up to $1,000 for
				every violation of Chapter 20.1 or this chapter. Furthermore, if a person
				violates any provision of Chapter 20.1 or this chapter in connection with
				multiple debt settlement services agreements, the person shall be subject to a
				separate civil penalty for each debt settlement services agreement. For
				example, if a licensee enters into five debt settlement services agreements and
				the licensee violates two provisions of this chapter in connection with each of
				the five debt settlement services agreements, there would be a total of 10
				violations and the licensee would be subject to a maximum civil penalty of
				$10,000.
Statutory Authority: §§ 6.2-2039 and 12.1-13 of
					 the Code of Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 230 - DEBT SETTLEMENT SERVICES PROVIDERS › Section 10VAC5-230-80 - Commission authority

Current through Register Vol. 40, No. 24, July 15, 2024
The commission may at its discretion waive or grant
				  exceptions to any provision of this chapter for good cause
				  shown.
Statutory Authority: §§ 6.2-2039 and 12.1-13 of
					 the Code of Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 240 - SALES-BASED FINANCING › Section 10VAC5-240-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				words and terms when used in this chapter shall have the following meanings
				unless the context clearly indicates otherwise:
"Chapter 22.1" means Chapter 22.1 (§ 6.2-2228 et seq.)
				  of Title 6.2 of the Code of Virginia.
"Finance charge" for purposes of Chapter 22.1 and this
				  chapter means the amount of any and all costs of the sales-based financing
				  provided to the recipient, represented as a dollar amount, including all
				  charges that would be included in the finance charge under
				  12 CFR 1026.4 if
				  the transaction was a consumer credit transaction and the provider was a
				  creditor under Regulation Z (12 CFR Part 1026). This definition is intended to
				  require finance charges to include any charge that would be a finance charge
				  under
				  12 CFR 1026.4,
				  regardless of whether the transaction would be considered an "extension of
				  credit" or the provider would be considered a "creditor" under Regulation
				  Z.
"Registrant" means a person registered under Chapter
				  22.1.
"Sales-based financing broker" or "broker" has the meaning
				  set forth in § 6.2-2228 of the Code of Virginia, with clarification that
				  the term shall not include a bona fide employee of a provider or broker who is
				  acting on behalf of the provider or broker.
B. Other terms used in this chapter shall
				have the meanings set forth in § 6.2-100 or 6.2-2228 of the Code of
				Virginia.
Statutory Authority: § 6.2-2237 of the Code of
					 Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 240 - SALES-BASED FINANCING › Section 10VAC5-240-20 - Registration; additional requirements; surrender of registration

Current through Register Vol. 40, No. 24, July 15, 2024
A. A provider or
				broker shall register with the commission in accordance with procedures
				established by the commissioner. A completed application for registration shall
				be accompanied by the initial registration fee prescribed in § 6.2-2230 of
				the Code of Virginia and any information relating to the application that the
				commissioner may require.
B. Every
				provider or broker shall (i) be organized under the laws of Virginia; or (ii)
				if not organized under the laws of Virginia, obtain authority to transact
				business in Virginia as a foreign entity in accordance with the provisions of
				Title 13.1 of the Code of Virginia unless such provider or broker is not
				required to obtain such authority. Every provider or broker, either organized
				under the laws of Virginia or who has obtained authority to transact business
				in Virginia as a foreign entity, shall continuously remain authorized to
				transact business in Virginia under Title 13.1 of the Code of
				Virginia.
C. A registrant shall
				notify the bureau in writing within 10 days after any change to either its name
				or contact information.
D. A
				registrant may surrender its registration by providing written notice to the
				bureau along with the effective date of the surrender.
Statutory Authority: § 6.2-2237 of the Code of
					 Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 240 - SALES-BASED FINANCING › Section 10VAC5-240-40 - Commission authority

Current through Register Vol. 40, No. 24, July 15, 2024
The commission may, at its discretion, waive or grant
				  exceptions to any provision of this chapter for good cause shown.
Statutory Authority: § 6.2-2237 of the Code of
					 Virginia.
Virginia Administrative Code › Title 10 - FINANCE AND FINANCIAL INSTITUTIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 240 - SALES-BASED FINANCING › Form - FORMS (10VAC5-240)

Current through Register Vol. 40, No. 24, July 15, 2024
Sales-Based
				  Financing Disclosure Form (eff. 10/2022)
Statutory Authority: § 6.2-2237 of the Code of
					 Virginia.
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 11VAC5-11-10 - 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
					 Virginia Lottery . 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
						58.1-4007 of the Code of Virginia (11VAC5-11-10,
						11VAC5-11-20 ).
§ 58.1-4007 of the Code of Virginia (all other
						sections).
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 11VAC5-11-30 - 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 58.1-4007 of the Code of
						Virginia.
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 11VAC5-11-40 - 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
				  11VAC5-11-30, 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 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 11VAC5-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to submit data, views, and arguments,
				  either orally or in writing, to the agency. Such opportunity to comment shall
				  include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 11VAC5-11-60 - 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 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 11VAC5-11-70 - 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 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 11VAC5-11-80 - 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 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 11VAC5-11-90 - 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 58.1-4007 of the Code of
						Virginia.
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 11VAC5-11-100 - 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 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 11VAC5-11-110 - 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 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 20 - ADMINISTRATION REGULATIONS › Part I - General Parameters › Section 11VAC5-20-60 - Advertising

Current through Register Vol. 40, No. 24, July 15, 2024
A. Advertising may
				  include, but is not limited to, print advertisements; radio and television
				  advertisements; digital, electronic, and video advertisements; billboards;
				  point of purchase materials; point-of-sale display materials; and Internet and
				  social media.
B. Any lottery
				  retailer may use his own advertising materials unless the agency objects
				  thereto. The agency shall develop written guidelines for such
				  materials.
C. The agency may
				  provide information displays or other material to the retailer, who shall
				  position the material so it can be seen easily by the general public.
D. The agency may produce special posters,
				  brochures or flyers describing various aspects of the lottery and provide these
				  to lottery retailers to post or distribute.
Statutory Authority: §§ 2.2-4007.02 and
						58.1-4007 of the Code of Virginia (11VAC5-11-10,
						11VAC5-11-20 ).
§ 58.1-4007 of the Code of Virginia (all other
						sections).
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 20 - ADMINISTRATION REGULATIONS › Part II - Banks and Depositories › Section 11VAC5-20-80 - Approval of banks

Current through Register Vol. 40, No. 24, July 15, 2024
A. The State
				  Treasurer, with the concurrence of the director, and in accordance with
				  applicable Treasury directives, shall approve a bank or banks to provide
				  services to the agency.
B. A bank
				  or banks shall serve as agent or agents for electronic funds transfers between
				  the agency and lottery retailers as required by 11VAC5-20, 11VAC5-31, and
				  11VAC5-41 and by contracts between the agency, the State Treasury, retailers,
				  and the banks.
Statutory Authority: §§ 2.2-4007.02 and
						58.1-4007 of the Code of Virginia (11VAC5-11-10,
						11VAC5-11-20 ).
§ 58.1-4007 of the Code of Virginia (all other
						sections).
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 20 - ADMINISTRATION REGULATIONS › Part III - Lottery Board Procedures › Section 11VAC5-20-120 - Officers of the board

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  board shall have a chairman and a vice chairman who shall be elected by the
				  board members.
B. The board will
				  elect its officers annually at its January meeting, or as soon thereafter as
				  reasonably possible, to serve for the calendar year.
Statutory Authority
§ 58.1-4007 of the Code of Virginia.
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 20 - ADMINISTRATION REGULATIONS › Part III - Lottery Board Procedures › Section 11VAC5-20-130 - Board meetings

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  board will hold regular public meetings to receive information and
				  recommendations from the director on the operation and administration of the
				  lottery and to take official action. The board may also request information or
				  comment from the public.
B. The
				  board may hold special meetings as may be necessary to carry out its work. The
				  chairman may call a special meeting at any time and shall call a special
				  meeting when requested to do so by at least two board members or at the request
				  of the director. Public notice of special meetings shall be given
				  contemporaneously with the notice provided to all board members. Written notice
				  is preferred but telephonic notice may be accepted by any board member in lieu
				  of written notice.
C. A majority of
				  board members shall constitute a quorum for the conduct of business at both
				  regular and special meetings of the board. The chairman is eligible to vote at
				  all meetings.
Statutory Authority
§ 58.1-4007 of the Code of Virginia.
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 20 - ADMINISTRATION REGULATIONS › Part III - Lottery Board Procedures › Section 11VAC5-20-140 - Committees of the board

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  board chairman may, at his discretion, appoint such committees as he deems
				  necessary to assist the board in its work.
B. A committee may be established to advise
				  the board on a matter referred to it. A committee established to act in an
				  advisory capacity to the board may include members of the general public. At
				  least two members of the committee shall be board members and the chairman
				  shall be a board member appointed by the board chairman.
1. A majority of the members appointed to an
				  advisory committee shall constitute a quorum.
2. Recommendations of an advisory committee
				  may be adopted by a majority vote of those present and voting. The chairman of
				  an advisory committee shall be eligible to vote on all
				  recommendations.
3. All actions of
				  advisory committees shall be presented to the board in the form of
				  recommendations.
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 20 - ADMINISTRATION REGULATIONS › Part III - Lottery Board Procedures › Section 11VAC5-20-150 - Conferences on denial, suspension, or revocation of a retailer's license

Current through Register Vol. 40, No. 24, July 15, 2024
The conduct of license appeal conferences will conform to
					 the provisions of Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title
					 2.2 of the Code of Virginia relating to case decisions.
1. An initial conference consisting of an
				  informal fact finding process will be conducted by the conference officer to
				  attempt to resolve the issue to the satisfaction of the parties
				  involved.
2. If an appeal is not
				  resolved through the informal fact finding process, at the request of the
				  appellant, a formal hearing will be conducted by the board in public. Following
				  the close of the evidence, the board may consider its decision in closed
				  session. The board will then issue its decision on the case.
3. Upon receipt of the board's decision on
				  the case, the appellant may elect to pursue court action in accordance with the
				  provisions of the Administrative Process Act relating to court
				  review.
Statutory Authority
§ 58.1-4007 of the Code of Virginia.
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 20 - ADMINISTRATION REGULATIONS › Part III - Lottery Board Procedures › Section 11VAC5-20-160 - Procedure for appealing a licensing decision

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon receiving a notice that (i) an
				  application for a license or the renewal of a license has been denied by the
				  director, or (ii) the director intends to or has already taken action to
				  suspend or revoke a current license, the applicant or licensed retailer may
				  appeal by filing a written notice of appeal requesting a conference on the
				  licensing action. The notice of appeal shall be submitted within 30 days of
				  receipt of the notice of the licensing action.
1. Receipt of a notice of the licensing
				  action that is mailed in an envelope bearing a United States Postal Service
				  postmark is presumed to have taken place not later than the third day following
				  the day of mailing to the last known address of the applicant or licensed
				  retailer. If the third day falls upon a day on which mail is not delivered by
				  the United States Postal Service, the notice is presumed to have been received
				  on the next business day. The "last known address" means the address shown on
				  the application of an applicant or licensed retailer unless a more current
				  address has been provided to the agency by the applicant or licensed
				  retailer.
2. The notice of appeal
				  will be timely if it bears a United States Postal Service postmark showing
				  mailing on or before the 30th day prescribed in subdivision 1 of this
				  subsection.
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 20 - ADMINISTRATION REGULATIONS › Part III - Lottery Board Procedures › Section 11VAC5-20-170 - Procedures for conducting informal fact-finding licensing conferences

Current through Register Vol. 40, No. 24, July 15, 2024
A. The conference
				  officer will conduct an informal fact-finding conference with the appellant for
				  the purpose of resolving the licensing action at issue.
B. The conference officer will hold the
				  conference as soon as possible but not later than 30 days after the notice of
				  appeal is filed, unless an alternate date is designated by the conference
				  officer or his designee and accepted by the appellant. A notice setting out the
				  conference date, time, and location will be sent to the appellant, by certified
				  mail, return receipt requested, at least 10 days before the day set for the
				  conference, unless a shorter time is agreed to by the appellant.
C. A conference may be conducted by
				  telephone, at the option of the appellant.
D. The conferences shall be informal.
1. The conferences will be electronically
				  recorded. The recordings will be kept until the time limit for any subsequent
				  appeal has expired.
2. A court
				  reporter may be used. The court reporter shall be paid by the person who
				  requested him. If the appellant elects to have a court reporter, a transcript
				  shall be provided to the agency. The transcript shall become part of the
				  agency's records.
3. The appellant
				  may appear in person or may be represented by counsel to present his facts,
				  argument, or proof in the matter to be heard and may request other parties to
				  appear to present testimony.
4. The
				  agency will present its facts in the case and may request other parties to
				  appear to present testimony.
5.
				  Questions may be asked by any of the parties at any time during the
				  presentation of information subject to the conference officer's prerogative to
				  regulate the order of presentation in a manner that, in his sole discretion,
				  best serves the interest of fairly developing the facts.
6. The conference officer may exclude
				  information at any time that he believes, in his sole discretion, is not
				  germane or that repeats information already received.
7. The conference officer shall declare the
				  conference completed when the time established by the conference officer has
				  expired.
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 20 - ADMINISTRATION REGULATIONS › Part III - Lottery Board Procedures › Section 11VAC5-20-180 - Procedures for conducting formal licensing hearings

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board will conduct a formal hearing at
				  its next regularly scheduled meeting following the receipt of a notice of
				  appeal on a licensing action if the date of the scheduled meeting permits the
				  required 10 days notice to the appellant or at a date to be determined by the
				  chairman of the board and accepted by the appellant.
B. A majority of members of the board is
				  required to hear an appeal. If the chairman and vice chairman of the board are
				  not present, the members present shall choose one from among them to preside
				  over the hearing.
C. The board
				  chairman, at his discretion, may designate a committee of the board to hear
				  licensing appeals and act on its behalf. Such committee shall have at least
				  three members who will hear the appeal on behalf of the board. If the chairman
				  of the board is not present, the members of the committee shall choose one from
				  among them to preside over the hearing.
D. A notice setting the hearing date, time,
				  and location will be sent to the appellant by certified mail, return receipt
				  requested, at least 10 days before the day set for the hearing, unless a
				  shorter time is agreed to by the appellant.
E. The hearing shall be conducted in
				  accordance with the provisions of Article 3 (§ 2.2-4018 et seq.) of the
				  APA and shall be open to the public.
1. The
				  hearing will be electronically recorded and the recording will be kept until
				  any time limits for any subsequent court appeals have expired.
2. A court reporter may be used. The court
				  reporter shall be paid by the person who requested him. If the appellant elects
				  to have a court reporter, a transcript shall be provided to the agency. The
				  transcript shall become part of the agency's records.
3. The provisions of §§ 2.2-4020
				  through 2.2-4023 of the APA shall apply with respect to the rights and
				  responsibilities of the appellant and of the agency.
Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 20 - ADMINISTRATION REGULATIONS › Part IV - Procurement › Section 11VAC5-20-200 - Procurement in general

Current through Register Vol. 40, No. 24, July 15, 2024
The Virginia Lottery will purchase goods or services in
					 accordance with procedures established by the board, after consultation with
					 the director, pursuant to Chapter 40 (§ 58.1-4000 et seq.) of Title 58.1
					 of the Code of Virginia.
Statutory Authority: §§ 2.2-4007.02 and
						58.1-4007 of the Code of Virginia (11VAC5-11-10,
						11VAC5-11-20 ).
§ 58.1-4007 of the Code of Virginia (all other
						sections).