reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 100 - REGULATIONS FOR PROFESSIONAL EMPLOYER ORGANIZATIONS › Section 16VAC30-100-80 - Revocation, suspension, and voluntary termination of registration

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commission
				may suspend or revoke a PEO's registration where it fails to comply with the
				requirements of the Act or these regulations as provided in § 65.2-803.1H
				of the Code of Virginia. A suspension may be for a period of up to 12
				months.
B. The following procedure
				shall apply to a revocation or suspension:
1.
				The commission shall send written notice to the PEO describing the
				noncompliance.
2. The PEO shall
				have 30 days to correct the noncompliance and to provide the commission with
				written verification of the correction. Where the noncompliance is specifically
				addressed in the Act or in the commission's regulations, those specific
				statutory or regulatory provisions shall apply as well.
3. If the PEO fails to comply with
				subdivision 2 of this subsection, the commission shall initiate a hearing
				pursuant to § 65.2-704 of the Code of Virginia and provide appropriate
				notice to the PEO and other proper parties. A decision issued in connection
				with a hearing shall specify the effective date of the revocation or
				suspension. Where a suspension is imposed, the decision shall specify the
				duration of the period of suspension. During a period of suspension or
				revocation, the PEO shall be deemed to have not registered with the commission
				as required by § 65.2-803.1 of the Code of Virginia.
4. Review of a decision issued in connection
				with the proceedings provided in § 65.2-704 of the Code of Virginia shall
				be as provided in §§ 65.2-705 and 65.2-706 of the Code of
				Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 110 - MEDICAL FEE SCHEDULES REGULATIONS › Section 16VAC30-110-20 - Applicability of fee schedules and ground rules; determination of communities

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Virginia fee
				schedules and ground rules shall apply to all medical services rendered on or
				after January 1, 2018, regardless of the date of injury.
B. The applicable community for providers of
				medical services rendered in the Commonwealth shall be determined by the zip
				code of the location where the services were rendered. The applicable community
				for providers of medical services rendered outside of the Commonwealth shall be
				determined by the zip code of the principal place of business of the employer
				if located in the Commonwealth or, if no such location exists, then the zip
				code of the location where the commission hearing regarding a dispute
				concerning the services would be conducted.
Statutory Authority: §
											65.2-605 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 110 - MEDICAL FEE SCHEDULES REGULATIONS › Section 16VAC30-110-30 - Disputes

Current through Register Vol. 40, No. 24, July 15, 2024
A. Administrative
				review process. Any dispute concerning the application of the Virginia fee
				schedules and ground rules to a particular medical service shall be submitted
				to the commission for an administrative review and determination according to
				such procedures as the commission may adopt from time to time.
B. Judicial review. If a request for hearing
				is made to the commission within 30 days after issuance of an administrative
				decision pursuant to subsection A of this section, the dispute shall be
				referred to the appropriate hearing docket and adjudicated in the same manner
				as change-in-condition claims, with the same rights of review and appeal as set
				forth in §§
									65.2-705 and
				65.2-706 of the Code of Virginia
				and subject to the applicable Rules of the Commission.
C. Finality. An administrative decision of
				the commission issued pursuant to subsection A of this section shall be final
				and binding 30 days after its issuance unless a request for hearing is made
				pursuant to subsection B of this section.
Statutory Authority: §
											65.2-605 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 110 - MEDICAL FEE SCHEDULES REGULATIONS › Section 16VAC30-110-40 - Periodic review of fee schedules

Current through Register Vol. 40, No. 24, July 15, 2024
The commission shall review the Virginia fee schedules and
				  ground rules biannually and shall make necessary adjustments as directed by
				  §
									65.2-605D of
				  the Code of Virginia.
Statutory Authority: §
											65.2-605 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 30 - VIRGINIA WORKERS' COMPENSATION COMMISSION › Chapter 110 - MEDICAL FEE SCHEDULES REGULATIONS › Section - DOCUMENTS INCORPORATED BY REFERENCE (16VAC30-110)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia
				  Workers' Compensation 2018 Medical Fee Schedules Ground Rules, adopted June 13,
				  2017, revised July 18, 2019, Virginia Workers' Compensation
				  Commission
Virginia
				  Workers' Compensation 2020 Medical Fee Schedules Ground Rules, adopted July 18,
				  2019, revised on October 17, 2019, Virginia Workers' Compensation
				  Commission
Virginia
				  Workers' Compensation 2022 Medical Fee Schedules Ground Rules, adopted June 29,
				  2021, Virginia Workers' Compensation Commission
Virginia
				  Workers' Compensation 2024 Medical Fee Schedules Ground Rules, adopted August
				  17, 2023, Virginia Workers' Compensation Commission
2018 Virginia Workers' Compensation Medical Fee Schedules,
				  adopted June 13, 2017, revised November 14, 2017, Virginia Workers'
				  Compensation Commission,
https://www.workcomp.virginia.gov/content/2018-medical-fee-schedule
2020 Virginia Workers' Compensation Medical Fee Schedules
				  adopted July 18, 2019, and revised October 17, 2019, Virginia Workers'
				  Compensation Commission,
https://www.workcomp.virginia.gov/content/2020-virginia-medical-fee-schedules
2022 Medical Fee Schedules adopted June 29, 2021, Virginia
				  Workers' Compensation Commission,
https://www.workcomp.virginia.gov/content/2022-virginia-medical-fee-schedules
2024 Medical Fee Schedules adopted August 17, 2023, Virginia
				  Workers' Compensation Commission,
https://www.workcomp.virginia.gov/medical-fee-services/2024-medical-fee-schedules
Statutory Authority: §
											65.2-605 of the Code of
					 Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 17VAC5-11-10 - 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
					 Board of Historic Resources. 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 10.1-2205 of the Code of
						Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 17VAC5-11-30 - 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 10.1-2205 of the Code of
						Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 17VAC5-11-40 - 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
				  17VAC5-11-30, 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 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC5-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC5-11-60 - 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 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC5-11-70 - 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 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC5-11-80 - 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 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC5-11-90 - 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 10.1-2205 of the Code of
						Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC5-11-100 - 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 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 17VAC5-11-110 - 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 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 20 - REGULATIONS GOVERNING PERMITS FOR THE ARCHAEOLOGICAL REMOVAL OF HUMAN REMAINS › Section 17VAC5-20-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter shall apply to any person who conducts any
				  field investigation involving the removal of human remains or associated
				  artifacts from any unmarked burial on an archaeological site; no change in the
				  burial laws of the Commonwealth is intended. This chapter also applies if
				  archaeological investigations are undertaken as part of a court-approved
				  removal of a cemetery.
Statutory Authority
§§ 10.1-2202 and 10.1-2300 et seq. of the Code
					 of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 20 - REGULATIONS GOVERNING PERMITS FOR THE ARCHAEOLOGICAL REMOVAL OF HUMAN REMAINS › Section 17VAC5-20-40 - Permit application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Application for a permit shall be in such form as required by the director, but
				shall include the following basic information:
1. Name, address, email address, phone
				number, and institutional affiliation of the applicant.
2. Location and description of the
				archaeological site for which field investigation is proposed, including site
				number if assigned.
3. Proof of
				ownership of the archaeological site or the property on which the field
				investigation is to be conducted.
4. A written statement of the landowner's permission
				both to conduct such research and to remove human remains on the landowner's
				property, and allowing the director or the director's designee access to the
				field investigation site at any reasonable time for the duration of the permit.
				The landowner's signature to the written statement shall be
				notarized.
5. Applicant shall
				provide a signed statement confirming that adequate resources (financial and
				otherwise) are available to carry out the approved research design including
				respectful reburial in an appropriate location.
6. Applicant shall indicate whether or not this permit
				is being requested as part of a federal, state, or local government undertaking
				and, if so, shall provide a brief description of the undertaking.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 20 - REGULATIONS GOVERNING PERMITS FOR THE ARCHAEOLOGICAL REMOVAL OF HUMAN REMAINS › Section 17VAC5-20-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				receiving notice from the director that the permit application is complete, the
				applicant shall arrange for public notification as deemed appropriate by the
				department.
B. In all cases, the
				applicant shall publish, or cause to be published, written notice in the
				following manners: notice in at least one local newspaper of general
				circulation in the area where the field investigation will occur; notice posted
				at the site of the graveyard or burial; notice to any historic preservation or
				other such commission, as well as area historical and genealogical societies;
				and notice of at least one public hearing. Each notice shall include:
1. The name and address of
				applicant;
2. A brief description
				of proposed field investigation;
3.
				A statement regarding the reason for the proposed relocation;
4. A statement informing the reader that the
				reader can request a public meeting;
5. A contact name, address, email address, and the
				phone number where the reader can get more information;
6. The street address of one or more
				locations in the project vicinity where a copy of the complete application can
				be viewed by members of the general public during regular business
				hours;
7. A statement that the
				complete application can also be reviewed and copied at the department or on
				the department's website;
8. A
				statement regarding the proposed disposition of any human remains and
				associated funerary objects recovered during the permitted recovery process. If
				any disposition other than reburial is proposed, the notice must specifically
				request public comment on this aspect of the application; and
9. The deadline for receipt of comments.
The notice shall be of a form approved by the director and
				  shall invite interested persons to express their views on all aspects of the
				  proposed field investigation to the director by a date certain prior to the
				  issuance of the permit. Such notice shall be published once each week for four
				  consecutive weeks.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 20 - REGULATIONS GOVERNING PERMITS FOR THE ARCHAEOLOGICAL REMOVAL OF HUMAN REMAINS › Section 17VAC5-20-60 - Issuance or denial of permit

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Upon completion of the public comment period, the director shall decide whether
				to issue the permit within a 30-day review period. In the event the director
				received no adverse public comment, no further action is required prior to
				decision.
B. The director shall
				consider any comment received and evaluate it in the light of the benefits of
				the proposed investigation, the severity of any emergency, or the amount of
				scientific information which may be lost in the event no permit is issued. The
				director may also take such comments into account in establishing any
				conditions of the permit. In considering such comment, the director shall give
				priority to comments and recommendations made by individuals and parties most
				closely connected with the human burials subject to the application.
C. In making a decision on the permit
				application, the director shall consider the following:
1. The level of threat facing the human
				skeletal remains and associated cultural resources.
2. The appropriateness of the goals,
				objectives, research, design, and qualifications of the applicants to complete
				the proposed research in a scientific fashion. The director shall consider the
				United States Secretary of the Interior's Standards and Guidelines for
				Archaeology and Historic Preservation, set out at 48 FR 44716 (September 29,
				1983), in determining the appropriateness of the proposed research and in
				evaluating the qualifications of the applicants.
3. Comments received from the
				public.
4. The appropriateness of
				the proposed disposition of remains upon completion of the research. The
				director may specify a required disposition as a condition of granting the
				permit.
5. The performance of the
				applicant on any prior permitted investigation.
6. The applicability of other federal, state
				and local laws and regulations.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 20 - REGULATIONS GOVERNING PERMITS FOR THE ARCHAEOLOGICAL REMOVAL OF HUMAN REMAINS › Section 17VAC5-20-70 - Excavations by the department

Current through Register Vol. 40, No. 24, July 15, 2024
The director may perform or cause to be performed a field
				  investigation without a permit. The director shall comply with the public
				  notice and comment provisions described above. All work conducted by the
				  department under this clause shall meet the substantive requirements as set out
				  in 17VAC5-20-40.
Statutory Authority
§§ 10.1-2202 and 10.1-2300 et seq. of the Code
					 of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 20 - REGULATIONS GOVERNING PERMITS FOR THE ARCHAEOLOGICAL REMOVAL OF HUMAN REMAINS › Section 17VAC5-20-80 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A. The decision of
				the director made following the informal conference required by subsection D of
				17VAC5-20-60 shall be a final case
				decision subject to judicial review in accordance with the Administrative
				Process Act, § 9-6.14:1 et seq. of the Code of Virginia.
B. Any interested party may appeal the
				director's decision to issue a permit or to act directly to excavate human
				remains to the local circuit court in accordance with § 10.1-2305E of the
				Code of Virginia.
Statutory Authority
§§ 10.1-2202 and 10.1-2300 et seq. of the Code
					 of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part I - Definitions; Applicability › Section 17VAC5-30-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter pertains specifically to the designation of
					 property by the board for inclusion in the Virginia Landmarks Register.
					 Parallel evaluation criteria and administrative procedures applicable to
					 nominations of properties to the National Park Service by the department
					 director are set out in a separate chapter.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part II - General Provisions › Section 17VAC5-30-30 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
The board is solely responsible for designating eligible
					 properties for inclusion in the Virginia Landmarks Register.
Any person or organization may submit a completed
					 nomination form to the director for consideration by the board. The form shall
					 include the descriptive and analytical information necessary for the board to
					 determine whether the property meets the evaluation criteria for designation.
					 Any person or organization may also request the board's consideration of any
					 previously prepared nomination form on record with the department.
In determining whether to include a property in the
					 Virginia Landmarks Register, the board shall evaluate the property according to
					 the Virginia Landmarks Register Criteria for Evaluation, as set out in Part III
					 of this chapter (17VAC5-30-40 et seq.).
Prior to the formal designation of property by the board,
					 the director shall follow the procedures set out in
					 17VAC5-30-100 concerning
					 notification to property owners and chief local elected officials. Prior to the
					 formal designation by the board of a historic district, the director shall also
					 follow the procedures set out in
					 17VAC5-30-110 for conducting a
					 public hearing.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part III - Virginia Landmarks Register Criteria for Evaluation › Section 17VAC5-30-40 - Historic significance

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  determining whether to designate a district, site, building, structure or
				  object to the Virginia Landmarks Register, the board must determine whether the
				  district, site, building, structure, or object has historic significance. A
				  resource shall be deemed to have historic significance if it meets one or more
				  of the following four criteria:
1. The
				  resource is associated with events that have made a significant contribution to
				  the broad patterns of our history; or
2. The resource is associated with the lives
				  of persons significant in our past; or
3. The resource embodies the distinctive
				  characteristics of a type, period, or method of construction or design, or
				  represents the work of a master (for example, an individual of generally
				  recognized greatness in a field such as architecture, engineering, art, or
				  planning, or a craftsman whose work is distinctive in skill or style), or
				  possesses high artistic values, or is a district that taken as a whole embodies
				  one or more of the preceding characteristics, even though its components may
				  lack individual distinction; or
4.
				  The resource has yielded or is likely to yield, normally through archaeological
				  investigation, information important in understanding the broad patterns or
				  major events of prehistory or history.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part III - Virginia Landmarks Register Criteria for Evaluation › Section 17VAC5-30-60 - Boundaries for historic properties

Current through Register Vol. 40, No. 24, July 15, 2024
Boundaries for a historic district, property, building,
					 structure, object, or site are selected to encompass, but not to exceed, the
					 full extent of the significant resources or land area making up the resources.
					 The area should be large enough to include all historic features of the
					 property, but should not include "buffer zones" or acreage not directly
					 contributing to the significance of the property. The following features are to
					 be used to mark the boundaries, as they reflect the resources:
(i) legally recorded boundary lines; or
(ii) natural topographic features
				  such as ridges, valleys, rivers, and forests; or
(iii) man-made features such as stone walls,
				  hedgerows, the curblines of highways, streets, and roads; or
(iv) areas of new construction.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part III - Virginia Landmarks Register Criteria for Evaluation › Section 17VAC5-30-70 - Additional criteria considerations

Current through Register Vol. 40, No. 24, July 15, 2024
Ordinarily cemeteries, birthplaces, or graves of historical
					 figures, properties owned by religious institutions or used for religious
					 purposes, structures that have been moved from their original locations,
					 reconstructed historic buildings, properties primarily commemorative in nature,
					 and properties that are less than 50 years old shall not be considered eligible
					 for the Virginia Landmarks Register. However, such properties will qualify if
					 they are integral parts of districts that do meet the criteria or if they fall
					 within one or more of the following categories:
1. A religious property deriving primary
				  significance from architectural or artistic distinction or historical
				  importance: a religious property shall be judged solely on these secular terms
				  to avoid any appearance of judgment by government about the merit of any
				  religion or belief; or
2. A
				  building or structure removed from its original location but which is
				  significant primarily for architectural value, or which is the surviving
				  structure most importantly associated with a historic person or event;
				  or
3. A birthplace or grave of a
				  historical figure of outstanding importance if there is no appropriate site or
				  building directly associated with his productive life; or
4. A cemetery which derives its primary
				  significance from graves of persons of transcendent importance, from age, from
				  distinctive design features, or from association with historic events;
				  or
5. A reconstructed building when
				  accurately executed in a suitable environment and presented in a dignified
				  manner as part of a restoration master plan, and when no other building or
				  structure with the same association has survived; or
6. A property primarily commemorative in
				  intent if design, age, tradition, or symbolic value has invested it with its
				  own exceptional significance; or
7.
				  A property less than 50 years old if it is of exceptional importance.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part III - Virginia Landmarks Register Criteria for Evaluation › Section 17VAC5-30-80 - Revisions to properties listed in the Virginia Landmarks Register

Current through Register Vol. 40, No. 24, July 15, 2024
Four justifications exist for altering a boundary of a
					 property previously listed in the Virginia Landmarks Register:
1. Professional error in the initial
				  nomination;
2. Loss of historic
				  integrity;
3. Recognition of
				  additional significance;
4.
				  Additional research documenting that a larger or smaller area should be listed.
The board shall approve no enlargement of a boundary unless
					 the additional area possesses previously unrecognized significance in American
					 history, architecture, archaeology, engineering or culture. The board shall
					 approve no diminution of a boundary unless the properties being removed do not
					 meet the Virginia Landmarks Register criteria for evaluation.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part III - Virginia Landmarks Register Criteria for Evaluation › Section 17VAC5-30-90 - Removing properties from the Virginia Landmarks Register

Current through Register Vol. 40, No. 24, July 15, 2024
Grounds for removing properties from the Virginia Landmarks
					 Register are as follows:
1. The
				  property has ceased to meet the criteria for listing in the Virginia Landmarks
				  Register because the qualities which caused it to be originally listed have
				  been lost or destroyed, or such qualities were lost subsequent to nomination
				  and prior to listing;
2. Additional
				  information shows that the property does not meet the Virginia Landmarks
				  Register criteria for evaluation;
3. Error in professional judgment as to
				  whether the property meets the criteria for evaluation; or
4. Prejudicial procedural error in the
				  designation process.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part IV - Public Notice and Public Hearings › Section 17VAC5-30-100 - Written notice of proposed nominations

Current through Register Vol. 40, No. 24, July 15, 2024
In any county, city, or town where the board proposes to
					 designate property for inclusion in the Virginia Landmarks Register, the
					 department shall give written notice of the proposal to the governing body and
					 to the owner, owners, or the owner's agent (i) of property proposed to be
					 designated as a historic landmark building, structure, object, or site, or to
					 be included in a historic district, and (ii) of all abutting property and
					 property immediately across the street or road or across any railroad or
					 waterway less than 300 feet wide. The list of such owners shall be obtained
					 from either the official land recordation records or tax records, whichever is
					 more appropriate, within 90 days prior to the notification of the
					 proposal.
Statutory Authority: § 10.1-2205 of the Code of
						Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part IV - Public Notice and Public Hearings › Section 17VAC5-30-110 - Public hearing for historic district; notice of hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to the
				  designation by the board of a historic district, the department shall hold a
				  public hearing at the seat of government of the county, city, or town in which
				  the proposed historic district is located or within the proposed historic
				  district. The public hearing shall be for the purpose of supplying additional
				  information to the board. The time and place of such hearing shall be
				  determined in consultation with a duly authorized representative of the local
				  governing body and shall be scheduled at a time and place that will reasonably
				  allow for the attendance of the affected property owners.
B. The department shall publish notice of the
				  public hearing once a week for two successive weeks in a newspaper published or
				  having general circulation in the county, city, or town. Such notice shall
				  specify the time and place of the public hearing at which persons affected may
				  appear and present their views, not less than six days or more than 21 days
				  after the second publication of the notice in such newspaper.
C. In addition to publishing the notice, the
				  department shall give written notice of the public hearing at least five days
				  before such hearing to the owner, owners, or the owner's agent of (i) each
				  parcel of real property to be included in the proposed historic district and
				  (ii) all abutting property and property immediately across the street or road
				  or across any railroad or waterway less than 300 feet wide pursuant to
				  17VAC5-30-100. Notice required to
				  be given to owners by this section may be given concurrently with the notice
				  required to be given to the owners by
				  17VAC5-30-100. A complete copy of
				  the nomination report and a map of the historic district showing the boundaries
				  shall be sent to the local jurisdiction for public inspection at the time of
				  notice. The notice shall include a synopsis of why the district is
				  significant.
D. The department
				  shall make and maintain an appropriate record of all public hearings held
				  pursuant to this section.
Statutory Authority: § 10.1-2205 of the Code of
						Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part IV - Public Notice and Public Hearings › Section 17VAC5-30-120 - Mailings and affidavits; concurrent state and federal notice

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall send the required notices by first
					 class mail to the last known address of each person entitled to notice pursuant
					 to 17VAC5-30-100. A representative of
					 the department shall make an affidavit that the required mailings have been
					 made. In the case where property is also proposed for inclusion in the National
					 Register of Historic Places pursuant to nomination by the director, the
					 department may provide concurrent notice of and hold a single public hearing on
					 the proposed state designation and the proposed nomination to the National
					 Register.
Statutory Authority: § 10.1-2205 of the Code of
						Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part IV - Public Notice and Public Hearings › Section 17VAC5-30-130 - Public comment period

Current through Register Vol. 40, No. 24, July 15, 2024
The local governing body and property owners shall have at
					 least 30 days from the date of the notice required by
					 17VAC5-30-100, or, in the case of
					 a historic district, 30 days from the date of the public hearing required by
					 17VAC5-30-110 to provide comments
					 and recommendations, if any, to the director. The director shall bring all
					 comments received to the attention of the board.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part V - Review and Action by the Director and the Board on Virginia Landmarks Register Proposals › Section 17VAC5-30-140 - Requests for designations

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to directing the preparation of Virginia
					 Landmarks Register nominations by the department, the director shall act
					 according to this section to ensure on behalf of the board that the Virginia
					 Landmarks Register nomination process is open to any person or
					 organization.
The director shall respond in writing within 60 days to any
					 person or organization submitting a completed Virginia Landmarks Register
					 nomination form or requesting board consideration for any previously prepared
					 nomination form on record with the department. The response shall indicate
					 whether or not the information on the nomination form is complete, whether or
					 not the nomination form adequately evaluates the property according to the
					 criteria set out in Part III of this chapter (17VAC5-30-40 et seq.), and whether
					 or not the property appears to meet the Virginia Landmarks Register criteria
					 for evaluation set out in Part III. If the director determines that the
					 nomination form is deficient or incomplete, the director shall provide the
					 applicant with an explanation of the reasons for that determination, so that
					 the applicant may provide the necessary additional documentation.
If the nomination form appears to be sufficient and
					 complete, and if the property appears to meet the Virginia Landmarks Register
					 criteria for evaluation, the director shall comply with the notification
					 requirements in Part IV of this chapter (17VAC5-30-100 et seq.) and
					 schedule the property for presentation to the board. The director may require
					 the applicant to provide a complete, accurate, and up-to-date list and
					 annotated tax parcel map indicating all property owners entitled to written
					 notification pursuant to Part IV of this chapter. Within 60 days of receipt of
					 a sufficient and complete nomination and of all information necessary to comply
					 with Part IV of this chapter, the director shall notify the applicant of the
					 proposed schedule for consideration of the nomination form by the board.
If the nomination form is sufficient and complete, but the
					 director determines that the property does not appear to meet Virginia
					 Landmarks Register criteria for evaluation, the director shall notify the
					 applicant, the owner, and the board of his determination within 60 days of
					 receipt of the nomination form. The director need not process the nomination
					 further, unless directed to do so by the board.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part V - Review and Action by the Director and the Board on Virginia Landmarks Register Proposals › Section 17VAC5-30-150 - Consideration by the board

Current through Register Vol. 40, No. 24, July 15, 2024
The director shall submit completed nomination forms and
					 comments concerning the significance of a property and its eligibility for the
					 Virginia Landmarks Register to the board. Any person or organization supporting
					 or opposing the designation of a property by the board may petition the board
					 in writing or orally either to accept or reject a proposed designation. The
					 board shall review the nomination form and any comments received concerning the
					 property's significance and eligibility for the Virginia Landmarks Register.
					 The board shall determine whether or not the property meets the Virginia
					 Landmarks Register criteria for evaluation set out in Part III of this chapter.
					 Upon determining that the property meets the criteria, the board may proceed to
					 designate the property, unless the owner or majority of owners object to the
					 designation pursuant to
					 17VAC5-30-160 and §
					 10.1-2206.2 of the Code of Virginia.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.
Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part V - Review and Action by the Director and the Board on Virginia Landmarks Register Proposals › Section 17VAC5-30-170 - Boundary changes

Current through Register Vol. 40, No. 24, July 15, 2024
The director or the board may initiate the process for
					 changing the boundaries of a previously listed Virginia Landmarks Register
					 property upon concluding that one or more of the conditions set out in
					 17VAC5-30-70 has been met. In
					 addition, any person or organization may petition in writing to have a boundary
					 changed.
A boundary alteration shall be considered as a new
					 property nomination. In the case of boundary enlargements the notification
					 procedures set out in Part IV (17VAC5-30-100 et
					 seq.) shall apply. However, only the additional area proposed for inclusion in
					 the Virginia Landmarks Register shall be used to determine the property owners
					 and the adjacent property owners to receive notification pursuant to
					 17VAC5-30-100 and
					 17VAC5-30-110. Only the owners of
					 the property in the additional area shall be counted in determining whether a
					 majority of owners object to listing in the Virginia Landmarks Register. In the
					 case of a proposed diminution of a boundary, the director shall notify the
					 property owners and the chief elected local official and give them at least 30
					 days to comment prior to formal action by the board.
Statutory Authority
§ 10.1-2205 of the Code of Virginia.