reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 24VAC22-11-90 - 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 46.2-1506 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 24VAC22-11-100 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 24VAC22-11-110 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 20 - MOTOR VEHICLE DEALER FEES › Section 24VAC22-20-20 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
Dealer license plate fees. Fees for dealer license plates
				  are nonrefundable. Annual fees for dealer license plates are as follows:
First two plates
$30 each
Third and subsequent plates
$26
All renewal fees are due to the Motor Vehicle Dealer Board on
				  the last day of the expiration month and shall be considered filed on time if
				  postmarked prior to the expiration date.
Statutory Authority: §§ 46.2-1503.4, 46.2-1506,
					 46.2-1519, and 46.2-1546 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 30 - MOTOR VEHICLE DEALER ADVERTISING PRACTICES AND ENFORCEMENT REGULATIONS › Part I - General Provisions › Section 24VAC22-30-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 46.2-1506 and
						46.2-1582 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 30 - MOTOR VEHICLE DEALER ADVERTISING PRACTICES AND ENFORCEMENT REGULATIONS › Part II - Regulated Advertising Practices › Section 24VAC22-30-30 - Practices

Current through Register Vol. 40, No. 24, July 15, 2024
For purposes of this chapter, a violation of the following
					 regulated advertising practices shall be an unfair, deceptive, or misleading
					 act or practice.
A. New motor vehicle.
				  A motor vehicle shall not be advertised as new, either by word or implication,
				  unless it is one which conforms to the definition of a "new motor vehicle" as
				  defined in
				  24VAC22-30-20.
B. Used motor vehicle.
1. The fact that a motor vehicle is used
				  should be clearly and unequivocally expressed by the term "used" or by such
				  other term as is commonly understood to mean that the vehicle is used. For
				  example, "special purchase" or "program cars" by itself is not a satisfactory
				  disclosure; however, such terms as "pre-owned" or "former leased and/or rental
				  vehicles" used alone clearly express that they meet the definition of a used
				  vehicle for advertising purposes. When in doubt, the dealer should provide more
				  information or simply say "used."
2. Once a certificate of origin as defined in
				  § 46.2-1500 has been assigned to a purchaser, the motor vehicle becomes a
				  used vehicle and must be advertised as such.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 30 - MOTOR VEHICLE DEALER ADVERTISING PRACTICES AND ENFORCEMENT REGULATIONS › Part III - Enforcement › Section 24VAC22-30-40 - Administrative and civil penalties

Current through Register Vol. 40, No. 24, July 15, 2024
Violations of any regulated advertising practice may, in
					 the discretion of the board or executive director, be addressed by a verbal or
					 written warning to the licensee as an initial step in the enforcement
					 process.
Statutory Authority: §§ 46.2-1506 and
						46.2-1582 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 30 - MOTOR VEHICLE DEALER ADVERTISING PRACTICES AND ENFORCEMENT REGULATIONS › Part III - Enforcement › Section 24VAC22-30-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 46.2-1506 and
						46.2-1582 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 30 - MOTOR VEHICLE DEALER ADVERTISING PRACTICES AND ENFORCEMENT REGULATIONS › Part III - Enforcement › Section 24VAC22-30-60 - Other enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter and the provisions of Article 9 (§
					 46.2-1580 et seq.) of Chapter 15 of Title 46.2 of the Code of Virginia shall be
					 in addition to and not a substitute for the powers and authority granted
					 pursuant to the provisions of the Virginia Consumer Protection Act (§
					 59.1-196 et seq.) or of any other provision of the Code of
					 Virginia.
Statutory Authority
§ 46.2-1581 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 40 › Part I › Section 24VAC22-40-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: 46.2-1503.4 and 46.2-1506.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 40 › Part I › Section 24VAC22-40-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: 46.2-1503.4 and 46.2-1506.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 40 › Part II › Section 24VAC22-40-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: 46.2-1503.4 and 46.2-1506.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 40 › Part II › Section 24VAC22-40-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: 46.2-1503.4 and 46.2-1506.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 40 › Part III › Section 24VAC22-40-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: 46.2-1503.4 and 46.2-1506.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 40 › Part III › Section 24VAC22-40-60

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: 46.2-1503.4 and 46.2-1506.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 40 › Part IV › Section 24VAC22-40-70

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: 46.2-1503.4 and 46.2-1506.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 25 - DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Section 24VAC25-5-10 - 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 Commonwealth
				  Transportation Board or the Virginia Department of Rail and Public
				  Transportation. 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 33.1-391.5 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 25 - DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Section 24VAC25-5-30 - 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 33.1-391.5 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 25 - DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Section 24VAC25-5-40 - 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
				24VAC25-5-30, 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 or a reproposed 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 25 - DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Section 24VAC25-5-50 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 25 - DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Section 24VAC25-5-60 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 25 - DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Section 24VAC25-5-70 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 25 - DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Section 24VAC25-5-80 - 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. A 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 25 - DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Section 24VAC25-5-90 - 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 33.1-391.5 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 25 - DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Section 24VAC25-5-100 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 25 - DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Section 24VAC25-5-110 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 24VAC30-11-10 - 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
					 Commonwealth Transportation Board, the Commissioner of Highways, or the
					 Virginia Department of Transportation. 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
§ 33.1-12 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 24VAC30-11-30 - 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 33.1-12 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 24VAC30-11-40 - 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
				  24VAC30-11-30, 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 24VAC30-11-50 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 24VAC30-11-60 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 24VAC30-11-70 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 24VAC30-11-80 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 24VAC30-11-90 - 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 33.1-12 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 24VAC30-11-100 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 24VAC30-11-110 - 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 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 21 - GENERAL RULES AND REGULATIONS OF THE COMMONWEALTH TRANSPORTATION BOARD › Section 24VAC30-21-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Board" means the Commonwealth Transportation Board.
"Commissioner" means the Commissioner of Highways, the
				  individual who serves as the chief executive officer of the Virginia Department
				  of Transportation (VDOT) or his designee.
"Commonwealth" means the Commonwealth of Virginia.
"Right of way" means that property within the entire area of
				  every way or place of whatever nature within the system of state highways under
				  the ownership, control, or jurisdiction of the board or VDOT that is open or is
				  to be opened within the future for the use of the public for purposes of travel
				  in the Commonwealth. The area set out above includes not only the traveled
				  portion but the entire area within and without the traveled portion, from
				  boundary line to boundary line, and also all parking and recreation areas that
				  are under the ownership, control, or jurisdiction of the board or VDOT.
"System of state highways" means all highways and roads under
				  the ownership, control, or jurisdiction of the board including, but not limited
				  to, the primary, secondary, and interstate systems.
"VDOT" means the Virginia Department of Transportation, the
				  Commissioner of Highways, or a designee.
Statutory Authority
§ 33.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 21 - GENERAL RULES AND REGULATIONS OF THE COMMONWEALTH TRANSPORTATION BOARD › Section 24VAC30-21-20 - General provisions concerning permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No work of any nature shall be performed
				on any real property under the ownership, control, or jurisdiction of the board
				or VDOT including, but not limited to, the right of way of any highway in the
				system of state highways until written permission is first obtained from VDOT.
				Written permission under this section is granted by way of permit. In addition,
				the letting of a contract by and between VDOT and any other party grants to
				that party automatically such permission for the area under contract, unless
				otherwise stated in the contract. VDOT is authorized to establish specific
				requirements for such permits including, but not limited to, permit authority,
				application procedure, and conditions under which a permit may be denied or
				revoked.
B. No land use permit
				shall be issued until the applicant has complied with the conditions set forth
				in and pursuant to applicable VDOT regulations filed as part of the Virginia
				Administrative Code.
C. Applicants
				to whom permits are issued shall at all times indemnify and save harmless the
				board, members of the board, the Commonwealth, and all Commonwealth employees,
				agents, and officers from responsibility, damage, or liability arising from the
				exercise of the privileges granted by these permits.
D. Any structure placed upon or within the
				right of way pursuant to a permit issued by VDOT shall be relocated or removed
				whenever ordered by VDOT. Such relocation or removal shall be accomplished at
				no expense to the Commonwealth unless VDOT agrees or has agreed
				otherwise.
Statutory Authority
§ 33.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 21 - GENERAL RULES AND REGULATIONS OF THE COMMONWEALTH TRANSPORTATION BOARD › Section 24VAC30-21-30 - Authority to regulate entrances to systems of state highways

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person, firm,
				or corporation shall use or occupy the right of way of any highway for any
				purpose except travel, except as may be authorized by VDOT, either pursuant to
				regulation or as provided by law.
B. Except as permitted by subdivision 2 of
				this subsection, the following restrictions apply to activities occurring on
				bridges forming a part of the system of state highways:
1. No person, firm, or corporation shall
				stand or park a vehicle of any description on any bridge unless authorized by
				VDOT.
2. No person shall fish or
				seine from any bridge except when facilities are provided for such purposes as
				set out in § 33.2-278 of the Code of Virginia.
3. No person, firm, or corporation shall use
				any bridge as a wharf from which to load or unload any vehicle, as a place of
				deposit for any property, or for any other purpose except crossing.
4. No master or owner of any vessel shall
				make it fast to or lay it alongside such bridge.
5. Provisions of this subsection shall not
				apply to highway maintenance vehicles or vessels.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 21 - GENERAL RULES AND REGULATIONS OF THE COMMONWEALTH TRANSPORTATION BOARD › Section 24VAC30-21-40 - Board authority to regulate entrances from adjacent property to right of way of highways within the state highway system

Current through Register Vol. 40, No. 24, July 15, 2024
The board, under § 33.2-210 of the Code of Virginia,
				  reserves the power to regulate entrances from adjacent property upon the right
				  of way of any highway within the system of state highways. No entrance of any
				  nature shall be made, built, or constructed upon the right of way of any
				  highway within the system of state highways until the location has been
				  determined in the opinion of the commissioner or designee of VDOT to be
				  acceptable from a public safety standpoint and, further, until approval has
				  been granted by VDOT. The design and construction of such entrances as approved
				  by the commissioner pursuant to §§ 33.1-198 33.2-241 and 33.1-198.1
				  33.2-245 of the Code of Virginia must comply with VDOT's regulations where
				  applicable.
Statutory Authority: § 33.2-245 of the Code of
					 Virginia (24VAC30-73-20,
					 24VAC30-73-60
					 ).
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 21 - GENERAL RULES AND REGULATIONS OF THE COMMONWEALTH TRANSPORTATION BOARD › Section 24VAC30-21-50 - Placement of airport or heliport facilities

Current through Register Vol. 40, No. 24, July 15, 2024
No airport runways, heliports, or similar facilities either
				  private or commercial, shall be placed adjacent to highway rights of way in
				  such a manner as to impede the safe flow of vehicular traffic. Runways or
				  similar facilities shall be placed a proper distance to allow a minimum glide
				  slope for aircraft of 3° approaching said runway, or at a height over the
				  roadway of 30 feet, whichever is greater. All airports or heliports, or both,
				  proposed in the vicinity of highway rights of way shall take these minimum road
				  clearances into consideration when planning the location of the end of their
				  runways.
Statutory Authority
§ 33.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 21 - GENERAL RULES AND REGULATIONS OF THE COMMONWEALTH TRANSPORTATION BOARD › Section 24VAC30-21-60 - Use of electronic means for submitting documents or payments

Current through Register Vol. 40, No. 24, July 15, 2024
Where practicable, VDOT shall allow the alternative of
				  submitting any documents or payments by electronic means.
Statutory Authority
§ 33.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part I - General Provisions and Administration of Program › Section 24VAC30-41-10 - General

Current through Register Vol. 40, No. 24, July 15, 2024
In order to acquire the rights of way necessary for the
					 construction, reconstruction, alteration, maintenance and repair of the public
					 highways of the Commonwealth, it is often necessary for individuals, families,
					 businesses, farms, and nonprofit organizations to be displaced. A comprehensive
					 program of services and benefits has been established to ensure, to the maximum
					 extent possible, the timely and successful relocation of displacees and
					 reestablishment of businesses. These regulations guide the administration of
					 the relocation program in a manner that is equitable, consistent, and cost
					 effective. They will ensure effective relocation services, and will provide
					 moving reimbursement, replacement housing payments and other cost
					 reimbursements so that individuals displaced will not suffer disproportionate
					 injuries as a result of the Virginia Department of Transportation's (VDOT's)
					 highway improvement program.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part I - General Provisions and Administration of Program › Section 24VAC30-41-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
The provisions of this chapter are applicable to any
					 person who is displaced by any project on which state or federal funds are or
					 will be utilized. This includes persons displaced from rights of way acquired
					 by any city, county or town where right of way is to be furnished as a required
					 contribution incidental to a state or federal assisted highway
					 project.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part I - General Provisions and Administration of Program › Section 24VAC30-41-40 - Duplication of payment

Current through Register Vol. 40, No. 24, July 15, 2024
A person is not eligible to receive relocation payments if
					 that person receives a payment under federal, state or local law which is
					 determined to have the same purpose and effect as payments under these
					 regulations.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part I - General Provisions and Administration of Program › Section 24VAC30-41-50 - Withholding of relocation payment

Current through Register Vol. 40, No. 24, July 15, 2024
When a displacee is advanced any relocation payment, that
					 amount should be withheld from the relocation payment to which the displacee is
					 other entitled. No relocation payment shall be withheld to satisfy an
					 obligation to any other creditor or for any other purpose.
Statutory Authority
§§ 25.1-402 and 33.1-12 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part I - General Provisions and Administration of Program › Section 24VAC30-41-60 - Relocation payments not considered as income

Current through Register Vol. 40, No. 24, July 15, 2024
No relocation payment received by a displaced person shall
					 be considered as income for the purpose of the Internal Revenue Code or for the
					 purpose of determining the eligibility of any person for assistance under the
					 Social Security Act or any other federal law, except for any federal law
					 providing low-income housing.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part I - General Provisions and Administration of Program › Section 24VAC30-41-70 - Civil rights and equal opportunity requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. All aspects of the relocation assistance
				  program of VDOT shall be conducted without regard to race, color, religious
				  creed, ancestry, national origin, age or sex. VDOT, through its field
				  representatives, should advise all claimants of this policy of
				  nondiscrimination. Displacees who feel that they have been discriminated
				  against because of any of the factors listed shall be advised to write the
				  district right of way and utilities manager (district manager) and explain
				  their situation.
B. Replacement
				  housing listings referred to persons displaced shall be available without
				  regard to race, color, religion, ancestry, national origin, age or sex. Each
				  right of way and utilities office (referred to in this regulation as a district
				  office) shall make parties providing listings aware of this requirement. If any
				  instance of discrimination against displacees by listing agencies or other
				  parties providing listings is reported, the district shall attempt to ascertain
				  the facts of the case. If the charges of discrimination are valid, the listing
				  agency shall be so notified and the listing will no longer be used.
C. Independent contractors employed by the
				  displacee for the purpose of moving the personal property, or to perform any
				  other services related to the relocation, will be expected to observe
				  nondiscrimination statutes and policies. If any incidence of discrimination is
				  observed or reported, the contractor involved shall be asked to explain actions
				  taken involving the particular displacee. Appropriate further action will be
				  taken as required by relevant laws and policies.
D. Availability of financing and access to
				  social services, which may be required by the displacee, shall be on a
				  nondiscriminatory basis.
E.
				  Relocation activities will comply with the applicable federal laws and
				  implementing regulations listed in 54 FR 8932, § 24.8.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part I - General Provisions and Administration of Program › Section 24VAC30-41-80 - Administration of relocation program

Current through Register Vol. 40, No. 24, July 15, 2024
A. Central office organization and
				  responsibility. The right of way and utilities division's relocation section
				  administers the relocation program at the central office level. The primary
				  functions of the relocation section are to promulgate policies and procedures,
				  to monitor program implementation, and to coordinate administrative
				  responsibilities necessary to successfully carry out the provision of the
				  relocation program. The relocation section is staffed with skilled personnel to
				  enable it to monitor program activities in district offices to assure delivery
				  of consistent, fair and high quality services to displacees. It provides advice
				  and policy interpretations to district right of way and utilities offices
				  (referred to in this regulation as district offices) in the administration of
				  complex or unique relocation cases. It monitors the relocation status on all
				  projects, assuring that resources are available and problems are resolved so
				  transportation projects can proceed to construction on schedule. The relocation
				  section maintains close coordination with the district offices to assure
				  adequate levels of staffing and to perform training needed to inform relocation
				  personnel in changing and evolving relocation policy and practices.
B. District organization and responsibility.
1. It is the responsibility of the district
				  office to carry out the relocation program in accordance with the provisions of
				  this policy in a manner which assures timely, orderly and humane treatment of
				  all displaced persons. The district office will perform the program in an
				  efficient and orderly manner, so as to clear right of way needed for scheduled
				  transportation project construction.
2. The district manager is responsible for
				  assigning personnel to perform the relocation function and for managing and
				  coordinating their activities.
3.
				  The district office will monitor relocation assistance activities conducted by
				  any other agencies or by consultants performing the relocation function for
				  VDOT projects. Such monitoring will be by whatever means and extent necessary
				  to assure compliance with the provisions of policy, procedures and
				  instructions.