reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 22VAC20-11-30 - 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 51.5-112 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 22VAC20-11-40 - 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
				  22VAC20-11-30, 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 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC20-11-50 - 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 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC20-11-60 - 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 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC20-11-70 - 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 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC20-11-80 - 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 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC20-11-90 - 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 51.5-112 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC20-11-100 - 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 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC20-11-110 - 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 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 20 - REGULATIONS GOVERNING ELIGIBILITY STANDARDS AND APPLICATION PROCEDURES FOR THE DISTRIBUTION OF ASSISTIVE TECHNOLOGY EQUIPMENT › Part II - Determining Ownership › Section 22VAC20-20-20 - Ownership guidelines

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				  assistive technology equipment distributed through the program is the property
				  of the individual recipient except for any device which, individually, has a
				  cost to the program or the program recipient in excess of $5,000 at the date of
				  acquisition.
B. The department
				  shall retain ownership of any assistive technology equipment distributed
				  through the program that costs $5,000 or more. Where ownership of assistive
				  technology equipment is retained by the department, information regarding
				  income and family size shall not be required.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 20 - REGULATIONS GOVERNING ELIGIBILITY STANDARDS AND APPLICATION PROCEDURES FOR THE DISTRIBUTION OF ASSISTIVE TECHNOLOGY EQUIPMENT › Part III - Participation of Applicant › Section 22VAC20-20-30 - Eligibility requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Upon request for assistive technology equipment by an
					 applicant, the department will require information as to the family size,
					 financial status, and other related data as described on the application.
					 Applicants eligible to participate in the program shall meet the following
					 requirements:
1. The applicant must be
				  certified as deaf, hard of hearing, hearing-disabled/visually-disabled,
				  deafblind, or speech-disabled by a licensed physician, audiologist,
				  speech-language pathologist, hearing aid specialist, vocational rehabilitation
				  counselor employed by the Department of Rehabilitative Services or the
				  Department for the Blind and Vision Impaired, a Virginia School for the Deaf
				  and Blind representative, a VDDHH outreach specialist or other appropriate
				  agency or government representative.
2. The applicant shall provide one of the
				  following, in the name of the applicant or the applicant's spouse or legal
				  guardian, as proof of residency in the Commonwealth of Virginia:
a. Current lease or deed to domicile in
				  Virginia;
b. A utility bill, dated
				  within 12 months of the submission, for a residence in Virginia; or
c. Any other form of proof approved by the
				  department.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 20 - REGULATIONS GOVERNING ELIGIBILITY STANDARDS AND APPLICATION PROCEDURES FOR THE DISTRIBUTION OF ASSISTIVE TECHNOLOGY EQUIPMENT › Part III - Participation of Applicant › Section 22VAC20-20-40 - Charges for equipment

Current through Register Vol. 40, No. 24, July 15, 2024
Eligible applicants shall be granted program participation
					 based on a first-come, first-served basis and the availability of program
					 funds. If the individual or family monthly gross income is such that a charge
					 for assistive technology equipment is required, an explanation of the charges
					 shall be provided to the recipient.
1.
				  An applicant shall not be required to participate in the cost of assistive
				  technology equipment:
a. If family monthly
				  gross income is:
(1) Obtained solely from
				  public assistance, as defined in Part I of this chapter, earnings of minor
				  children or gifts, or any combination thereof; or
(2) Less than or equal to 250% of the poverty
				  guidelines updated periodically in the Federal Register by the U.S. Department
				  of Health and Human Services under the authority of 42 USC §
				  9902(2).
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 20 - REGULATIONS GOVERNING ELIGIBILITY STANDARDS AND APPLICATION PROCEDURES FOR THE DISTRIBUTION OF ASSISTIVE TECHNOLOGY EQUIPMENT › Part III - Participation of Applicant › Section 22VAC20-20-50 - Type of equipment

Current through Register Vol. 40, No. 24, July 15, 2024
The equipment that may be available through the program
					 includes but is not limited to: TTY/TDDs, large visual display TTY/TDDs,
					 braille TTY/TDDs, amplification devices, ring signal devices, doorbell
					 signallers, visual smoke/fire detectors, baby sound monitors, and visual or
					 vibrating alarm clocks.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 20 - REGULATIONS GOVERNING ELIGIBILITY STANDARDS AND APPLICATION PROCEDURES FOR THE DISTRIBUTION OF ASSISTIVE TECHNOLOGY EQUIPMENT › Part IV - Application Procedures › Section 22VAC20-20-60 - General

Current through Register Vol. 40, No. 24, July 15, 2024
The application may be obtained from the department or the
					 department's outreach specialists or other sites around the state. Completed
					 applications shall be forwarded to:
Virginia Department for the Deaf and Hard-of-Hearing
							 ATTN: VDDHH-TAP 1602 Rolling Hills Drive, Suite 203 Richmond, Virginia
							 23229-5012 The VDDHH telephone number is 1-800-552-7917 (V/T) or (804) 662-9502
							 (V/TTY).
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 20 - REGULATIONS GOVERNING ELIGIBILITY STANDARDS AND APPLICATION PROCEDURES FOR THE DISTRIBUTION OF ASSISTIVE TECHNOLOGY EQUIPMENT › Part IV - Application Procedures › Section 22VAC20-20-70 - Processing applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall approve all applications for which eligibility requirements
				  defined in
				  22VAC20-20-30 are satisfied,
				  except as provided in this section. Priority may be given to first-time
				  applicants and to recipients who have not received equipment through the
				  program during the preceding 48 months and are without fully functioning
				  equipment as verified in writing by a VDDHH-approved agency representative or
				  vendor during times of fiscal constraint, as determined by the
				  director.
B. Application shall not
				  be approved when:
1. The applicant who must
				  contribute has already been issued a coupon that is still valid and has not
				  been redeemed towards the purchase of assistive technology equipment under this
				  program.
2. The applicant has
				  received a device from TAP within the preceding four years except for
				  conditions set in subsections D and E of this section.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 20 - REGULATIONS GOVERNING ELIGIBILITY STANDARDS AND APPLICATION PROCEDURES FOR THE DISTRIBUTION OF ASSISTIVE TECHNOLOGY EQUIPMENT › Part IV - Application Procedures › Section 22VAC20-20-80 - Notice of action on approved or denied applications

Current through Register Vol. 40, No. 24, July 15, 2024
The applicant shall be notified of a decision regarding an
					 application within 30 calendar days of the completion date.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 20 - REGULATIONS GOVERNING ELIGIBILITY STANDARDS AND APPLICATION PROCEDURES FOR THE DISTRIBUTION OF ASSISTIVE TECHNOLOGY EQUIPMENT › Part IV - Application Procedures › Section 22VAC20-20-90 - Fraud

Current through Register Vol. 40, No. 24, July 15, 2024
If a recipient obtains assistive technology equipment under
					 false pretenses or misrepresentation of facts on the TAP application, the
					 department reserves the right to demand return of such equipment. Such a
					 recipient may be prosecuted to the fullest extent of the law.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 20 - REGULATIONS GOVERNING ELIGIBILITY STANDARDS AND APPLICATION PROCEDURES FOR THE DISTRIBUTION OF ASSISTIVE TECHNOLOGY EQUIPMENT › Part V - Processing System › Section 22VAC20-20-100 - Processing

Current through Register Vol. 40, No. 24, July 15, 2024
Processing, redemption and invoicing shall be governed by
					 internal departmental procedures, contractual agreements and the Commonwealth
					 of Virginia's Prompt Payment Act that shall be applied uniformly to applicants
					 and contracted vendors.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 20 - REGULATIONS GOVERNING ELIGIBILITY STANDARDS AND APPLICATION PROCEDURES FOR THE DISTRIBUTION OF ASSISTIVE TECHNOLOGY EQUIPMENT › Part V - Processing System › Section 22VAC20-20-110 - Liability

Current through Register Vol. 40, No. 24, July 15, 2024
Recipients shall be responsible for any repairs to or loss
					 of a device issued in the program, except where the department retains
					 ownership of the device.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 20 - REGULATIONS GOVERNING ELIGIBILITY STANDARDS AND APPLICATION PROCEDURES FOR THE DISTRIBUTION OF ASSISTIVE TECHNOLOGY EQUIPMENT › Part VI - Confidentiality › Section 22VAC20-20-120 - Confidentiality

Current through Register Vol. 40, No. 24, July 15, 2024
All TAP applications and other client materials shall be
					 kept confidential by department personnel and other persons authorized by the
					 department to view such materials. An applicant's award shall also be
					 confidential and shall not be released without the applicant's
					 permission.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 20 - REGULATIONS GOVERNING ELIGIBILITY STANDARDS AND APPLICATION PROCEDURES FOR THE DISTRIBUTION OF ASSISTIVE TECHNOLOGY EQUIPMENT › Part VI - Confidentiality › Form - FORMS (22VAC20-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Technology Assistance Program Application,
					 VDDHH-TAP-1.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part II - Administration of Interpreter Services › Section 22VAC20-30-20 - Responsibilities of the department

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The department will:
1. Refer and assign only
				  qualified interpreters to consumers and service providers; and
2. Compile a directory of qualified
				  interpreters.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part II - Administration of Interpreter Services › Section 22VAC20-30-30 - Directory of qualified interpreters

Current through Register Vol. 40, No. 24, July 15, 2024
A. A qualified interpreter listed in the
				  directory shall hold at least one of the following credentials:
1. Valid RID certification;
2. Current VQAS screening level;
3. Certification issued by the National Cued
				  Speech Association; or
4. A
				  screening level or recognized evaluation from another state when:
a. The credentials meet the minimum
				  requirements of VQAS; and
b. The
				  credentials are valid and current in the state issued.
NOTE: An interpreter listed in the directory with
					 qualifications in subdivision 4 of this subsection, shall apply for and receive
					 a VQAS screening level or national certification within one year from the date
					 originally listed in the directory.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part II - Administration of Interpreter Services › Section 22VAC20-30-40 - Appeal procedure

Current through Register Vol. 40, No. 24, July 15, 2024
If an interpreter desires to contest the department's
					 decision to exclude that interpreter's request to be listed as a qualified
					 interpreter, that interpreter must file a written appeal with the director
					 within 30 working days of the determination. The director, or designee, shall
					 provide an informal conference with that interpreter within 30 working days
					 from the date received. The final decision will be determined by the director
					 who will provide written notification of that decision within 30 working days
					 of the conference.
Statutory Authority
§§ 51.5-112 and 51.5-113 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part III - Virginia Quality Assurance Screenings (VQAS) › Section 22VAC20-30-50 - General

Current through Register Vol. 40, No. 24, July 15, 2024
In order to maintain the referenced directory and ensure
					 the maintenance of quality interpreter services, the department will administer
					 Virginia Quality Assurance Screenings in accordance with the provisions
					 specified in this part.
Statutory Authority
§§ 51.5-112 and 51.5-113 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part III - Virginia Quality Assurance Screenings (VQAS) › Section 22VAC20-30-60 - Notification of intent to be screened

Current through Register Vol. 40, No. 24, July 15, 2024
Candidates interested in being screened should
					 contact:
VQAS Coordinator Virginia Department for the Deaf and
							 Hard of Hearing Washington Building, 12th Floor 1100 Bank Street Richmond,
							 Virginia 23219-3640 (804) 225-2570 V/TTP in Richmond (800) 552-7917 V/TTP
							 Toll-free Statewide
Statutory Authority
§§ 51.5-112 and 51.5-113 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part III - Virginia Quality Assurance Screenings (VQAS) › Section 22VAC20-30-70 - Type of VQAS screening

Current through Register Vol. 40, No. 24, July 15, 2024
Candidate will notify the administering agency of intent
					 to participate in the VQAS and which assessment will be taken.
All requests to be screened will be acknowledged by the
					 coordinator, or designee, in writing within 30 working days of receipt of the
					 request.
Statutory Authority
§§ 51.5-112 and 51.5-113 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part III - Virginia Quality Assurance Screenings (VQAS) › Section 22VAC20-30-80 - Fee for screening

Current through Register Vol. 40, No. 24, July 15, 2024
The department may assess a fee for each part of the
					 screening. The fee shall not exceed the actual cost of administration.
					 Notification of current fees shall be provided with registration forms
					 (22VAC20-30-100 ). Payment of fees
					 shall be received prior to the candidate's participation in any portion of the
					 assessment.
Statutory Authority
§§ 51.5-112 and 51.5-113 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part III - Virginia Quality Assurance Screenings (VQAS) › Section 22VAC20-30-90 - Scheduling of screenings

Current through Register Vol. 40, No. 24, July 15, 2024
The department may offer a screening whenever candidates
					 are waiting to be screened but screenings may be cancelled when fewer than six
					 candidates apply to be screened as scheduled.
Statutory Authority
§§ 51.5-112 and 51.5-113 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part III - Virginia Quality Assurance Screenings (VQAS) › Section 22VAC20-30-100 - Notifying and scheduling of candidates

Current through Register Vol. 40, No. 24, July 15, 2024
Candidates shall be notified in writing of the next
					 scheduled screening at least 10 days prior to the scheduled date. Closed
					 screenings may be offered upon request to groups who satisfy the requirements
					 established by the department for offering a screening (22VAC20-30-90 ).
Candidates must complete and return the appropriate
					 registration form requesting to be screened. The coordinator will be
					 responsible for scheduling and confirming requests in the order received.
					 Candidates whose requests are received after the screening schedule has been
					 filled shall be retained as alternates or assigned to another assessment
					 site/date.
Statutory Authority
§§ 51.5-112 and 51.5-113 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part III - Virginia Quality Assurance Screenings (VQAS) › Section 22VAC20-30-110 - VQAS assessment process

Current through Register Vol. 40, No. 24, July 15, 2024
Each candidate's performance will be assessed either by a
					 screening panel present during the assessment or videotaped and rated by
					 individual raters. Panelists/raters will assess only the segments for which
					 they have been specifically trained.
A. Assessment team.
1. A screening panel or individual ratings
				  shall consist of at least one panelist/rater who is hearing and one
				  panelist/rater who is deaf or hard of hearing.
2. All panelists/raters shall be fluent in
				  the language mode being assessed and shall have successfully completed rater
				  training as administered by the agency.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part III - Virginia Quality Assurance Screenings (VQAS) › Section 22VAC20-30-120 - Validity period

Current through Register Vol. 40, No. 24, July 15, 2024
A screening level, or the results of any part as described
					 in 22VAC20-30-110 B, shall remain
					 valid for three years from the date of the letter of
					 notification.
Statutory Authority
§§ 51.5-112 and 51.5-113 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part III - Virginia Quality Assurance Screenings (VQAS) › Section 22VAC20-30-130 - Appeal procedure

Current through Register Vol. 40, No. 24, July 15, 2024
If a candidate desires to contest the results of any part
					 of a screening, the candidate must file an appeal with the director within 30
					 calendar days of the date of the decision. The director, or designee, shall
					 provide for an informal conference with the candidate within 30 working days.
					 The only remedy which the director may award for the Code of Ethics (Part I) is
					 the opportunity to retake the screening at the next scheduled date. The only
					 remedy which the director may award for the performance component (Part II) is
					 the opportunity to be reassessed by additional panelists/raters within 90
					 working days.
Statutory Authority
§§ 51.5-112 and 51.5-113 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 20 - DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING › Chapter 30 - REGULATIONS GOVERNING INTERPRETER SERVICES FOR THE DEAF AND HARD OF HEARING › Part III - Virginia Quality Assurance Screenings (VQAS) › Section 22VAC20-30-140 - Confidentiality

Current through Register Vol. 40, No. 24, July 15, 2024
All VQAS materials shall be kept confidential by
					 department personnel and other persons authorized by the department to view
					 such materials. Candidate's scores shall also be confidential and shall not be
					 released to persons other than the candidate without the candidate's written
					 permission.
Statutory Authority
§§ 51.5-112 and 51.5-113 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-10 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to supplement the Virginia
				  Human Rights Act (§ 2.1-714 et seq.) of the Code of Virginia which
				  safeguards all individuals within the Commonwealth from unlawful
				  discrimination.
Statutory Authority
§ 2.2-2634 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Act" means the Virginia Human Rights Act, Chapter 43
				  (§ 2.1- 714 et seq.) of Title 2.1 of the Code of Virginia.
"Complaint" means a written statement by a person or by the
				  council alleging an act of discrimination prohibited by § 2.1-716 of the
				  Code of Virginia.
"Complainant" means a person who claims to have been injured
				  by a discriminatory practice.
"Designee" means an individual named by the director to act
				  in his stead stay pursuant to this chapter.
"Director" means an individual appointed by the Governor to
				  perform the duties and responsibilities outlined in the Act.
"Hearing officer" means a person qualified from the list of
				  hearing officers maintained by the Executive Secretary of the Supreme Court of
				  Virginia.
"Respondent" means a person against whom a complaint of
				  violation of the Act is filed. Each reference to a "complainant" and
				  "respondent" shall be deemed to refer, as appropriate, to the singular and
				  plural. In addition those terms and any other referring to people will be
				  considered masculine or feminine.
Statutory Authority
§ 2.2-2634 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-30 - Complaints by or on behalf of persons claiming to be aggrieved

Current through Register Vol. 40, No. 24, July 15, 2024
A. A complaint on
				behalf of a person claiming to be aggrieved may be made by any person, agency,
				or organization; however, the complaint must be made in writing. The written
				complaint need not identify by name the person on whose behalf it is made. The
				person making the complaint, however, shall provide the council orally with the
				name, address and telephone number of the person on whose behalf the complaint
				is made. During the council's investigation, the director shall verify the
				complaint with the person on whose behalf the complaint is made. The council
				may reveal the identity of complainants to federal, state or local agencies
				that have agreed to keep such information confidential.
B. The complainant has the responsibility of
				providing the council with notice of any change in address and with notice of
				any prolonged absence from his current address.
C. A complaint shall be filed with the
				council not later than 180 days from the day upon which the alleged
				discriminatory practice occurred.
Statutory Authority
§ 2.2-2634 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-40 - Where to make a complaint

Current through Register Vol. 40, No. 24, July 15, 2024
A complaint may be made in person at 1100 E. Bank Street,
				  Washington Building, 12th Floor, Richmond, Virginia 23219 between the hours of
				  9:30 a.m. and 5 p.m., Monday through Friday; or by mail at P.O. Box 717,
				  Richmond, Virginia 23206; or by FAX (804) 225-3294. Telephone calls may be made
				  at 1-800-633-5510 or (804) 224-2292 in order to receive information on how and
				  where to file complaints. No complaint will be taken over the
				  phone.
Statutory Authority
§ 2.2-2634 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-50 - Contents of complaint

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				complaint should contain the following:
1.
				The full name, address, and telephone number of the person making the
				complaint;
2. The full name and
				address of the person against whom the complaint is made;
3. A clear concise statement of the facts,
				including pertinent dates, constituting the alleged unlawful discriminatory
				practices;
4. The date of filing
				and the name of the agency in cases where alleged unlawful discriminatory
				practices have been filed before a local, state or federal agency charged with
				the enforcement of discrimination laws; and
5. Any documentation the complainant feels
				will support the claim.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-60 - Filing referrals to state and federal agencies

Current through Register Vol. 40, No. 24, July 15, 2024
A. Complaints which are under the
				jurisdiction of another state agency are considered filed with that agency when
				received by the council if the filing falls within the time limits for filing
				as required by that agency pursuant to § 2.1-722 of the Code of
				Virginia.
B. The council has
				established interagency agreements with the following state agencies:
1. Department of Professional and
				Occupational Regulation-Real Estate Board;
2. Department of Labor and
				Industry;
3. Department of
				Personnel and Training;
4.
				Department for Rights of Virginians with Disabilities; and
5. Department of Employee Relations
				Counselors.
If it is deemed appropriate, agreements will be established
				  with other state agencies and these regulations will be amended to include the
				  agencies.
If the director or his designee determines that the complaint
				  is not within the council's jurisdiction, but possibly in the jurisdiction of
				  one of the interagency agreement agencies, the complaint shall be sent to the
				  appropriate agency within 15 working days of the determination. The complainant
				  shall be notified of this action and a reason provided. Once the complaint has
				  been forwarded and the complainant notified, the council shall close the case.
				  In the event the complaint is not under the jurisdiction of the agency to which
				  it was referred or if additional evidence is submitted the case will be
				  reopened.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-70 - Notice of complaint

Current through Register Vol. 40, No. 24, July 15, 2024
Within 15 working days after the filing of a complaint, the
				  director shall notify the respondent of the complaint by
				  mail.
Statutory Authority
§ 2.2-2634 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-80 - Investigations by the director or his designee

Current through Register Vol. 40, No. 24, July 15, 2024
A. During the investigation of a complaint,
				the director may utilize the information gathered by government agencies. The
				director shall accept a statement of position or evidence submitted by the
				complainant, person making the complaint on behalf of complainant, or the
				respondent. The director may submit a request for information to the respondent
				which, in addition to specific questions, may request a response to the
				allegations contained in the complaint. The director's or his designee's
				request for information shall be mailed within 20 working days of receipt of
				the complaint. A response to the request for information should be submitted
				within 20 working days from the date the request is postmarked.
B. The director may require the complainant
				to provide such additional information as he deems necessary to conduct an
				investigation.
C. The director may
				require a fact-finding conference with the parties prior to a determination of
				a complaint of discrimination. The conference is an investigative forum
				intended to define the issues, to determine the elements in dispute and to
				ascertain whether there is a basis for a negotiated settlement of the
				complaint.
D. The director's or his
				designee's authority to investigate a complaint is not limited to the
				procedures outlined in subsections A, B and C of this section.
Statutory Authority
§ 2.2-2634 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-90 - Dismissal; procedure and authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. When the director determines that the
				complaint is not timely filed, or fails to state a claim under the Act, the
				director shall dismiss the complaint.
B. When the director determines after
				investigation that there is not reasonable cause to believe that the Act has
				been violated, the director shall dismiss the complaint. If the complainant
				disagrees with the director's decision, the council can be petitioned within 10
				working days for a review of the decision.
C. Upon petition for review, the council
				shall establish a panel of three members to hear such petitions. If it is
				determined within 30 working days after the petition for review of a dismissal
				of a complaint that there is not reasonable cause to believe the respondent has
				engaged in a discriminatory practice, the council shall issue an order
				dismissing the complaint and furnish a copy of the order to all
				parties.
Statutory Authority
§ 2.2-2634 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-100 - Settlement

Current through Register Vol. 40, No. 24, July 15, 2024
A. When the
				director determines that there is reasonable cause to believe that an unlawful
				discriminatory practice has occurred or is occurring, the director shall
				endeavor to eliminate such practice by informal methods of conference,
				conciliation and negotiation.
B.
				When conciliation or negotiated settlement is successful, the terms of the
				agreement shall be reduced to writing and signed by the complainant, respondent
				and the director within 10 working days of the agreement.
Statutory Authority
§ 2.2-2634 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-110 - Public hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. When
				conciliation efforts fail, or when the director determines that the
				conciliation process will not be in the best interest of the complainant or the
				Commonwealth, the director shall set the matter for public hearing or refer the
				complaint to the appropriate federal agency.
B. Notice of the time and place of the
				hearing shall be mailed to the parties at least 20 working days before the date
				of the hearing.
C. All hearings
				shall be open to the public.
D. A
				case will be heard by a hearing officer appointed by the council from a list
				obtained from the Supreme Court of Virginia.
E. The hearing officer shall not be bound by
				statutory rules of evidence or technical rules of procedure.
F. Both the complainant and the respondent
				shall appear and be heard in person, but may be assisted by counsel, or by an
				authorized representative.
G. All
				testimony shall be given under oath or affirmation.
H. The order of presentation shall be
				established by the hearing officer with the burden of going forward being
				placed on the complainant.
I. Any
				party who fails to appear at a hearing or to respond to a request for
				information by a specified date, in the absence of good cause shown, shall be
				deemed to have waived all further rights to appear, present evidence, or
				petition for rehearing or reconsideration.
J. Irrelevant, immaterial and unduly
				repetitious evidence shall, at the discretion of the hearing officer, be
				excluded. The rules of privilege shall be given effect.
K. The hearing officer may accept relevant
				documents or other evidence into the record as exhibits. Documents to be
				submitted at the hearing by a party must be distributed to the council and the
				other party no later than five working days prior to the hearing. Documents not
				submitted in accordance with this rule will only be admitted when the presiding
				body or hearing officer determines that just cause exists for failure to follow
				this rule.
L. Before the hearing is
				closed, the parties shall be given an opportunity to present an oral argument
				of their case.
M. The hearing shall
				be recorded by an official reporter and one transcript will be purchased by the
				council. The council's copy will be made available for review within a
				reasonable time after request at the Office of Human Rights during regular
				business hours.
Statutory Authority
§ 2.2-2634 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-120 - Findings and recommendations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The hearing officer of the council shall state findings of fact and conclusions
				of law in writing. The findings of the hearing officer shall be filed with the
				council within 30 working days of the date of completion of the
				hearing.
B. If the council votes to
				accept the hearing officer's findings that the respondent has not engaged in a
				discriminatory practice, it shall issue an order dismissing the complaint. A
				copy of the order shall be furnished to the complainant and the
				respondent.
C. If the council votes
				to accept the hearing officer's findings that the respondent has committed an
				unlawful discriminatory practice, it shall state its findings and may issue
				recommendations to eliminate the discriminatory practice, including, but not
				limited to:
1. Hiring, reinstating, promoting
				or upgrading the position of the complainant, with or without back pay, and
				providing such fringe benefits as the complainant has been denied;
2. Restoring or admitting the complainant to
				membership in a labor organization, a training program, guidance program or
				other occupational training program, using the objective criteria for admission
				of persons to such programs;
3.
				Leasing, renting or selling property at issue to the complainant;
4. Extending to the complainant the full and
				equal enjoyment of the goods, services, facilities, privileges or
				accommodations of the respondent;
5. Admitting the complainant to a public
				accommodation or educational institution;
6. Reporting as to the manner of
				compliance;
7. Posting notices in a
				conspicuous place setting forth requirements for compliance with this chapter
				or other information that the council deems necessary to explain the
				Act;
8. Revising personnel policies
				and procedures, including the undertaking of affirmative efforts; and
9. Reimbursing attorney's fees to
				complainant.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 25 - HUMAN RIGHTS COUNCIL (ABOLISHED) › Chapter 10 - REGULATIONS TO SAFEGUARD VIRGINIANS' HUMAN RIGHTS FROM UNLAWFUL DISCRIMINATION › Section 22VAC25-10-130 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the council
				fails to act by dates specified herein, neither the rights of the complainant
				nor the respondent will be prejudiced.
B. If the complainant or the respondent fails
				to comply with the provisions stated herein, except where good cause is shown,
				the failure may be deemed a waiver of any rights provided herein.
C. After the initial filing, all
				correspondence relative to the case should be by certified mail, hand delivered
				or a carrier who will furnish a receipt.
Statutory Authority
§ 2.2-2634 of the Code of Virginia.