reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 40 - CERTIFICATION REQUIREMENTS MANUAL › Part I › Section 24VAC35-40-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 18.2-271.1 and
						18.2-271.2 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 40 - CERTIFICATION REQUIREMENTS MANUAL › Part II - Standards for Certification › Section 24VAC35-40-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 18.2-271.1 and
						18.2-271.2 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 40 - CERTIFICATION REQUIREMENTS MANUAL › Part II - Standards for Certification › Section 24VAC35-40-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 18.2-271.1 and
						18.2-271.2 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 40 - CERTIFICATION REQUIREMENTS MANUAL › Part II - Standards for Certification › Section 24VAC35-40-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 18.2-271.1 and
						18.2-271.2 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 40 - CERTIFICATION REQUIREMENTS MANUAL › Part II - Standards for Certification › Section 24VAC35-40-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 18.2-271.1 and
						18.2-271.2 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 40 - CERTIFICATION REQUIREMENTS MANUAL › Part II - Standards for Certification › Section 24VAC35-40-60

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 18.2-271.1 and
						18.2-271.2 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 40 - CERTIFICATION REQUIREMENTS MANUAL › Part II - Standards for Certification › Section 24VAC35-40-70

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 18.2-271.1 and
						18.2-271.2 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-20 - When remote alcohol monitoring devices are required

Current through Register Vol. 40, No. 24, July 15, 2024
Remote alcohol monitoring devices are required when ordered
				  by a court.
Statutory Authority: §
											18.2-270.2
					 of the Code of Virginia..
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-40 - Remote alcohol monitoring service facility certification

Current through Register Vol. 40, No. 24, July 15, 2024
Each remote alcohol monitoring service facility shall be
				  inspected and certified by the commission prior to opening and at least
				  annually thereafter. Remote alcohol monitoring service facilities shall:
1. Comply with all local business
				license and zoning requirements and with all federal, state, and local health,
				fire, and building code requirements. Prior to the jurisdictional compliance
				deadline, a copy of a valid business license or business license payment
				receipt, and tax document shall be posted in a conspicuous place at the service
				facility immediately upon receipt when applicable;
2. Comply with all local, state, and federal
				laws pertaining to the provisions of physical access to persons with
				disabilities;
3. Maintain offender
				records in a manner that complies with federal confidentiality guidelines. All
				offender files, payment receipts, and other identifying information shall be
				located in locked filing cabinets if unattended by a technician. Electronic
				storage of offender files shall be encrypted and secured to prevent third party
				access;
4. Require and enforce
				maintenance of a drug-free workplace and have posted in a conspicuous place
				available to employees and applicants for employment a statement notifying
				employees that the manufacture, sale, distribution, dispensation, possession,
				or use of a controlled substance or marijuana is prohibited in the service
				provider's workplace. The notice shall specify the actions that may be taken
				against employees for violations of the policy;
5. Notify offenders of the address and
				closure date of any remote alcohol service facility and provide the address of
				an alternate remote alcohol monitoring service facility within 15 days of the
				closure date, if applicable;
6.
				Ensure that employees maintain a professional appearance and are attired in
				such a manner as to be readily identifiable as service provider employees;
7. Ensure that the locations where
				remote alcohol monitoring services are performed are tidy and pose no hazards
				to public safety; and
8. Provide
				the commission a minimum of 20 days' notice prior to the scheduled opening date
				of a new location. This requirement allows the commission reasonable time to
				schedule an inspection of the new facility prior to opening services to ASAP
				offenders.
Statutory Authority: §
											18.2-270.2
					 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-50 - Remote alcohol monitoring device specifications and certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. All remote
				alcohol monitoring devices used in the Commonwealth of Virginia shall be
				certified by the commission. The commission shall maintain a list of approved
				remote alcohol monitoring devices.
B. A manufacturer seeking to have a remote
				alcohol monitoring device certified by the commission shall submit:
1. The name and address of the remote alcohol
				monitoring device manufacturer;
2.
				The name and model number of the remote alcohol monitoring device;
				and
3. A detailed description of
				the device including drawings, wiring protocols if applicable, and instructions
				used in orientation.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-60 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. All potential
				manufacturers desiring to conduct business in the Commonwealth of Virginia's
				remote alcohol monitoring program shall submit a $250 nonrefundable application
				fee to the commission.
B. The
				following additional fees shall be paid by the manufacturer to the commission:
1. A $250 annual contract review fee;
2. A $50 annual review fee for
				each remote alcohol monitoring service location;
3. A $30 monthly remote alcohol monitoring
				administrative fee for each offender. The fee shall be accompanied by an
				associated offender list, categorized by ASAP, supporting the payment amounts.
				The ASAP offender list and payment shall be submitted no later than the 10th
				day of the month following the month when the remote alcohol monitoring
				services were provided;
4. A $250
				retest fee each and every time a service provider employee is required to take
				a second or subsequent Virginia Remote Alcohol Monitoring Certification Exam
				due to an unsuccessful attempt on the first exam; and 5. A $250 remote alcohol
				monitoring device certification fee for any new device proposed for use in the
				Commonwealth.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-70 - Suspension or revocation of remote alcohol monitoring devices or service facility certification

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The commission may indefinitely suspend or revoke certification of a remote
				alcohol monitoring device or service facility. The Executive Finance Committee,
				for a period not to exceed 30 days, may suspend or revoke certification of a
				remote alcohol monitoring device or service facility for the following reasons:
1. When there is a voluntary request by a
				manufacturer to cancel certification of a device;
2. When a device is discontinued by the
				manufacturer;
3. When the
				manufacturer's liability insurance is terminated or canceled, or in cases where
				the service provider is responsible for the liability insurance, the insurance
				is canceled and not remedied by the manufacturer within three business days;
4. When the manufacturer or a
				manufacturer's service provider attempts to conceal its true
				ownership;
5. When materially false
				or inaccurate information is provided relating to a device's performance
				standards by the manufacturer;
6.
				When there are defects in design, materials, or workmanship causing repeated
				failures of a device;
7. When a
				manufacturer or a manufacturer's service provider knowingly permits
				nonqualified employees to perform work;
8. When a manufacturer or a manufacturer's
				service provider assists users with circumventing or tampering with a device;
9. When a manufacturer fails to
				fully correct an identified remote alcohol monitoring facility noncompliance
				issue within the timeframe required by the Code of Virginia, the provisions of
				this chapter, or a remote alcohol monitoring manufacturer contract;
10. When there is a pattern of identified
				remote alcohol monitoring facility noncompliance issues;
11. When a manufacturer or a manufacturer's
				service provider impedes, interrupts, disrupts, or negatively impacts an
				investigation conducted by the commission involving customer service issues or
				other complaint brought forward by a third party;
12. When there is an identified public safety
				or offender confidentiality issue at a remote alcohol monitoring service
				facility; or
13. When a
				manufacturer fails to maintain annual certification with the International
				Organization for Standardization (ISO) 9001 Quality Management System (QMS) for
				aspects related to design, maintenance, and distribution of a remote alcohol
				monitoring device.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-80 - Remote alcohol monitoring device orientation

Current through Register Vol. 40, No. 24, July 15, 2024
A. No offender who has a court order pursuant
				to §
									18.2-270.1
				of the Code of Virginia shall use a remote alcohol monitoring device in
				Virginia unless enrolled in and monitored by the ASAP. Prior to providing
				offender orientation of the device, the service provider shall first receive
				written or electronic authorization from the ASAP for the particular offender.
				This section also applies to out-of-state offenders who have a Virginia
				court-ordered remote alcohol monitoring requirement. This enables the
				commission to maintain consistency in policy and use of remote alcohol
				monitoring devices in the Commonwealth of Virginia and allows for a consistent
				pattern of instruction to the manufacturer's service providers.
B. The remote monitoring device shall have
				orientation provided by a commission-approved service provider within 30 days
				of the date of the court order; if not, the service provider shall notify the
				ASAP. Once orientation has occurred, the service provider shall notify the ASAP
				via a method established by the commission, documenting that the remote alcohol
				monitoring device orientation has been completed.
C. All agreements between the service
				provider and the offender shall be in the form of a contract and signed by the
				service provider and the offender. Copies of the contract shall be retained by
				the service provider in a manner that complies with federal confidentiality
				guidelines, with a copy given to the offender.
D. Prior to orientation of the remote alcohol
				monitoring device, offenders shall provide to the service provider:
1. Photo identification; and
2. Written authorization from the commission
				when the air volume requirement, blow pressure, or anti-circumvention features
				of the remote alcohol monitoring device are to be lowered or disabled in order
				to compensate for an offender's diminished lung capacity, when
				applicable.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-90 - Calibration and monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Only calibration units found on the current National Highway Traffic Safety
				Administration's Conforming Products List of Calibrating Units for Breath
				Alcohol Testers [ or subsequently approved for inclusion in the next conforming
				products list publication, ] and certified by the commission shall be used by
				manufacturers or their service providers to calibrate remote alcohol monitoring
				devices.
B. The manufacturer or the
				manufacturer's service provider shall:
1.
				Provide calibration and monitoring of the remote alcohol monitoring device at
				least every 30 days. If the device self-system check during calibration
				indicates a potential inaccuracy issue, the manufacturer or service provider
				shall:
a. Check the remote alcohol monitoring
				device for accuracy using a dry gas reference sample approved by the
				commission;
b. Check the remote
				alcohol monitoring device for accuracy by using a dry gas alcohol standard with
				an alcohol reference value between 0.030 and 0.050 g/210L;
c. Expel a three-second purge of the remote
				alcohol monitoring device prior to introducing the alcohol reference sample
				into the device. This is not required if there is less than three inches of
				tubing from the dry gas dispenser to the device;
d. Perform an accuracy check that will
				consist of two consecutive reference checks with the result of each individual
				check being within plus or minus 10% or 0.003, whichever is greater, of the
				alcohol reference value introduced into the remote alcohol monitoring device.
				The time period between the first and second consecutive accuracy checks shall
				not exceed five minutes; and
e.
				Store dry gas alcohol standard tanks in a manner consistent with the gas
				manufacturer's specifications. The dry gas tanks shall have a label attached
				that contains the components and concentration of the reference value of the
				gas, an expiration date that shall not be longer than three years from the date
				of preparation, and the lot or batch number. Dry gas alcohol standards must be
				certified to a known reference value and be traceable to the National Institute
				of Standards and Technology. The reference value shall be adjusted for changes
				in elevation and pressure. Manufacturers or their service providers shall
				possess a certificate of analysis from the dry gas standard manufacturer. Dry
				gas tanks shall be secured in a manner as to prevent harm to the
				public;
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-100 - Approval of manufacturers and service providers

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to retrieval of the remote alcohol
				monitoring device, the service provider must receive written or electronic
				authorization from the ASAP. This requirement also applies to offenders with a
				court-ordered Virginia remote alcohol monitoring requirement who are receiving
				services from a service provider in another state.
B. Offenders may not have their remote
				alcohol monitoring device retrieved or replaced by another manufacturer without
				written or electronic authorization from the commission. Whenever retrieval of
				a remote alcohol monitoring device is approved by the commission for the
				purpose of changing service providers, and the authorized retrieval is a result
				of a determination that the initial service provider failed to provide a level
				of service meeting contract requirements, the remote alcohol monitoring
				regulations, or the Code of Virginia, the original service provider shall bear
				the costs associated with orientation of the device by the new service
				provider.
C. Once the remote
				alcohol monitoring device has been retrieved, the service provider shall send
				an authorized report to the ASAP via a method established by the commission
				documenting that the remote alcohol monitoring device has been retrieved by the
				service provider.
D. No fee shall
				be charged to the offender for retrieval of the remote alcohol monitoring
				device.
Statutory Authority: §
											18.2-270.2
					 of the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-110 - Records and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The service provider shall be subject to announced or unannounced site reviews
				by the commission for the purpose of inspecting the facilities and offender
				records. Upon request, access to all service provider locations, records, and
				financial information shall be provided to the commission for the purpose of
				verifying compliance with state laws, commission regulations, and service
				provider agreements.
B. In
				accordance with federal confidentiality guidelines, all personal and medical
				information provided to the service provider regarding offenders shall be kept
				confidential. If the information is temporarily held at the offender's service
				center, it shall be stored in a locked filing cabinet when unattended by a
				service provider employee.
C. After
				providing orientation for a remote alcohol monitoring device, the service
				provider shall provide the ASAP, within 24 hours, an orientation report that
				includes:
1. The name, address, and telephone
				number of the offender; and
2. The
				serial number of the offender's remote alcohol monitoring device.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-130 - Service provider technician certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Service provider technicians and state
				directors are required to possess a Virginia Remote Alcohol Monitoring
				Certification Letter to perform any remote alcohol monitoring services in the
				Commonwealth of Virginia. Newly hired service provider technicians or state
				directors, however, may perform remote alcohol monitoring services under the
				direct supervision of a certified technician or state director for training
				purposes for up to 90 days prior to obtaining a Virginia Remote Alcohol
				Monitoring Certification Letter. In order to apply for a certification letter,
				manufacturers shall submit a completed application to the commission for
				approval of newly hired service provider technicians and state directors. The
				completed application shall include submission of:
1. A completed applicant form provided by the
				commission;
2. A complete local and
				national criminal history check;
3.
				A complete driver's record; and
4.
				Documentation issued by the commission of successful completion of the Virginia
				Remote Alcohol Monitoring Device Certification Exam.
Failure to submit a completed application will result in
				  disqualification from consideration for a Virginia Remote Alcohol Monitoring
				  Certification Letter by the commission to perform remote alcohol monitoring
				  services in the Commonwealth of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-140 - Emergency declarations

Current through Register Vol. 40, No. 24, July 15, 2024
The commission reserves the right to suspend service-related
				  requirements of this chapter in applicable geographical areas when there exists
				  a federal or state disaster or declaration of emergency.
Statutory Authority: §
											18.2-270.2
					 of the Code of Virginia..
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-20 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 18.2-271.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-30 - Emergency declarations

Current through Register Vol. 40, No. 24, July 15, 2024
The commission reserves the right to suspend service-related
				  requirements of this chapter in applicable geographical areas when there exists
				  a federal or state disaster or declaration of emergency.
Statutory Authority: § 18.2-271.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-40 - Alcohol safety action program administrative structure and accessibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. Alcohol
				safety action programs shall consist of, at a minimum, an ASAP director, staff
				deemed necessary by the commission, and the local policy board to efficiently
				accomplish all duties of the program.
B. ASAPs shall be accessible to the public
				for all ASAP-related services during days and times established by the
				commission. The commission shall determine the method of
				accessibility.
C. ASAPs that incur
				a pattern of verified sub-standard customer service complaints resulting in the
				use of commission resources, including rental vehicle expenses, fuel, labor
				hours, and office supplies, may be billed by the commission for any of the
				aforementioned accrued expenses in their entirety. ASAPs that are billed by the
				commission for reimbursement under this section shall remit a payment to the
				commission within 30 days of the date of the invoice sent by the commission to
				the ASAP unless otherwise approved by the executive director.
Statutory Authority: § 18.2-271.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-60 - Alcohol safety action program revenues

Current through Register Vol. 40, No. 24, July 15, 2024
The commission shall be empowered to collect unexpended
				  revenue from local ASAPs in the commission's duties to establish and ensure the
				  maintenance of minimum standards and criteria for program operations and
				  performance, accounting, auditing, public information, and administrative
				  procedures for the various alcohol safety action programs and oversight of the
				  administration of the local statewide VASAP system. In instances where the
				  commission intends to collect unexpended revenue from a local ASAP, the
				  commission shall provide the local ASAP a 30-day notice of the amount of
				  unexpended revenue to be collected and the date of collection by the
				  commission. Once notice of the collection amount and date is given to the local
				  ASAP by the commission, the local ASAP shall release the total amount of the
				  unexpended revenue cited by the commission to the commission within 15 calendar
				  days of the collection date provided by the commission. The payment method
				  shall be established by the commission.
Statutory Authority: § 18.2-271.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-70 - Alcohol safety action program audits and financial records

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Financial records shall be subject to local, state, and federal audits and
				shall be maintained in an orderly fashion using generally accepted accounting
				principles and shall be retained per the Library of Virginia retention
				schedule.
B. An annual income
				statement shall be submitted to the commission by August 1 of each calendar
				year.
C. Monthly financial reports
				shall be submitted to the commission by the 15th calendar day of the following
				month. ASAPs that fail to send in their monthly financial report by the 15th
				calendar day of the following month shall pay the following daily late fees to
				the commission, unless otherwise approved by the commission:
1. $25 daily late fee for the first five
				calendar days in which the monthly financial report is not received by the
				commission; and
2. $100 daily late
				fee for any calendar days after the first five days in which the monthly
				financial report is not received by the commission.
ASAPs that are more than 15 calendar days late in submitting
				  the prior month's financial report may be decertified by the commission.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-80 - Alcohol safety action program budgets and requests for allocation of commission funds

Current through Register Vol. 40, No. 24, July 15, 2024
A. ASAPs are
				required to submit annual budgets to the commission via a method approved by
				the commission by May 1 of each calendar year for approval by the commission.
				Submitted budgets shall include all information required by the commission
				along with the prior year's collection rate. Budgets submitted by local
				programs with collection rates below the target collection rate are subject to
				a reduction in the approved budget amount by a percentage equal to the target
				collection rate minus the actual collection rate.
B. The commission may reduce the approved
				budget amount for any ASAP budget by the total salary amount of any employee
				included in the budget who does not possess a valid VASAP Certification Letter
				or for any delinquent ASAP administrative fees owed to the
				commission.
C. ASAPs may use a
				local political subdivision as a fiscal agent if approved by the commission.
				Any desired change in fiscal agent by an ASAP shall be submitted to the
				executive director for approval at least 60 days prior to the desired date of
				change.
D. In instances where an
				unforeseen circumstance occurs, which requires a budget amendment, the ASAP may
				submit the budget amendment to the commission clearly identifying the
				circumstances and the dollar amount of the budget amendment change requested.
				The commission shall respond to the ASAP on the approval status of the budget
				amendment within 30 calendar days.
E. In instances where an ASAP is requesting
				an allocation of commission funds, the ASAP is required to submit a
				commission-approved application detailing the reason for the allocation of
				commission funds request along with other commission-requested financial
				information. ASAPs that own buildings that possess a collection rate below the
				target collection rate or possess the financial means to fund operations more
				than six months into the future, factoring in a zero-revenue sum over the same
				period of time, are ineligible to apply for an allocation of commission funds
				from the commission. ASAP requests to the commission for an allocation of
				commission funds are subject to commission approval. ASAPs that receive
				substantial financial contributions from their localities and have received
				these contributions for a substantial period of time prior to their request for
				an allocation of commission funds, may be eligible for an allocation of
				commission funds if approved by the commission. Substantial financial
				contributions and substantial period of time shall be determined by the
				commission.
Statutory Authority: § 18.2-271.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-90 - Alcohol Safety Action Program certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				commission shall be empowered to certify, decertify, regionalize, reorganize,
				or merge local ASAPs, including their finances and personnel, to establish and
				ensure the maintenance of minimum standards and criteria for program operations
				and performance, accounting, auditing, public information, and administrative
				procedures for the various local ASAPs and shall be responsible for overseeing
				the administration of the statewide VASAP system.
B. ASAPs shall adhere to the certification
				process and procedures for certifying ASAPs as established in the Commission on
				VASAP Certification Manual and maintain the required certification standards of
				the commission at all times.
C.
				ASAPs shall be certified, at a minimum, at least every three years.
D. If an ASAP is found out of compliance
				during certification, the ASAP shall complete an action plan within 10 days of
				notice of any compliance issue citing the procedures to be implemented to
				attain compliance. The commission shall conduct a secondary review to validate
				the corrective action has occurred and make a recommendation for certification
				if the ASAP has resolved all outstanding noncompliance issues in a satisfactory
				manner. If noncompliance issues remain, the ASAP's conditional certification
				may be extended or their full certification may be revoked by the
				commission.
E. An ASAP may submit a
				waiver in writing to the commission of certification standards that are
				impacted directly by staffing issues or emergency declarations. An exemption
				may be granted from a specific ASAP certification requirement or any part
				thereof by the executive director.
F. The executive director may at the
				executive director's discretion establish or conclude a regional leadership
				team to assist ASAPs in achieving and maintaining commission certification
				standards. The executive director shall establish the members, duties, process,
				and procedures of the regional leadership team.
G. ASAPs that fail to meet certification
				standards set forth in the Commission on VASAP Certification Manual may be
				conditionally certified by the commission permitting the ASAP to continue to
				receive referrals from the courts and provide services for DMV administrative
				cases.
Statutory Authority: § 18.2-271.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-100 - Suspension or revocation of certification of an Alcohol Safety Action Program

Current through Register Vol. 40, No. 24, July 15, 2024
A. The executive
				finance committee, for a period not to exceed 90 days, may suspend
				certification of an ASAP for the following reasons, including:
1. When an ASAP knowingly violates any state
				or federal law;
2. When an ASAP
				violates any requirements of the Commission on VASAP Certification
				Manual;
3. When an ASAP abuses
				access to the DMV system or any system created or co-created by the commission
				and provided to the ASAPs by the commission for use;
4. When an ASAP consistently fails to adhere
				to the case management operational guidelines;
5. When an ASAP violates law or commits an
				unethical act that negatively impacts the integrity of the state VASAP
				system;
6. When there is a pattern
				of ASAP noncompliance or customer service issues;
7. When the ASAP or an ASAP's policy board
				impedes, interrupts, disrupts, or negatively impacts an investigation conducted
				by the commission of the ASAP related to customer service issues, a violation
				of law, financial discrepancies of any form, unethical acts or any complaint
				brought forward by a third party;
8. When an ASAP attempts to conceal any
				source of income or financial assets owned by or in control of in whole or in
				part by the ASAP;
9. When an ASAP
				uses a treatment service provider that is not on the state approved treatment
				provider list without prior approval from the commission;
10. When an ASAP fails to cooperate, in any
				way, with the regional leadership team; or
11. When an ASAP fails to abide by the
				recommendations of the regional leadership team.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-110 - Alcohol Safety Action Program case management processes and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
ASAP employees will find processes and procedures for case
				  management, which are important to successful ASAP certification, via the Case
				  Management Policy and Procedure Guidelines established by the commission. ASAP
				  employees shall attend any commission-provided training via a method approved
				  by the commission.
Statutory Authority: § 18.2-271.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-120 - Alcohol Safety Action Program privacy and security procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				ASAPs shall maintain and handle all offender records and all other confidential
				information as required by federal, state, and local guidelines and
				laws.
B. ASAPs shall maintain all
				offender case files via the applicable Library of Virginia retention
				schedule.
Statutory Authority: § 18.2-271.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-130 - Alcohol Safety Action Program personnel policies

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each ASAP
				employee will be provided the ASAP Code of Conduct.
B. ASAP employees, serving in any type of
				supervisory capacity, shall not supervise any employee, directly or indirectly,
				who is a spouse, partner, family member, or household member or a party deemed
				as a conflict of interest by the commission. "Family member" or "household
				member" includes any person who cohabitates with or is related by blood,
				marriage, or adoption.
C. ASAP
				directors shall administer in person evaluations for all employees unless
				otherwise approved by the commission. Employee evaluations shall be:
1. Completed by the ASAP director or an
				ASAP-designated supervisor on an official commission evaluation form;
2. Completed for each ASAP employee on no
				less than an annual basis; and
3.
				Signed and dated by both the ASAP director or a supervisor-designee and the
				ASAP employee who is being evaluated. In situations where an ASAP employee
				refuses to sign the evaluation, the ASAP director or a supervisor-designee
				shall write "refused to sign" under the employee signature line. The ASAP
				director or a supervisor-designee shall initial and date the
				evaluation.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section 24VAC35-80-140 - Alcohol Safety Action Program employee certification, revocation, or suspension

Current through Register Vol. 40, No. 24, July 15, 2024
A. All ASAP
				employees are required to possess a VASAP Certification Letter in order to
				perform any ASAP services in the Commonwealth of Virginia, including servicing
				ASAP offenders with an ASAP requirement that may reside out of state. Newly
				hired employees, however, may perform ASAP services for training purposes up to
				90 days prior to obtaining a VASAP Certification Letter. In order to apply for
				a VASAP Certification Letter, the ASAP shall submit a completed application to
				the commission for approval for any ASAP employee not in possession of a VASAP
				Certification Letter, excluding an ASAP employee who is newly hired and within
				the first 90 days of training. The completed application shall include
				submission to the commission of:
1. A complete
				local and national criminal history;
2. A complete driver's record; and
3. Successful completion of the VASAP
				Certification Exam.
Failure to submit a completed application will result in
				  disqualification of the applicant from consideration for a VASAP Certification
				  Letter by the commission to perform ASAP services in the Commonwealth of
				  Virginia or to ASAP offenders who may reside out of state.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Form - FORMS (24VAC35-80)

Current through Register Vol. 40, No. 24, July 15, 2024
Application for Distribution of Commission on VASAP Funds
				  (filed 1/2023)
Statutory Authority: § 18.2-271.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 80 - ALCOHOL SAFETY ACTION PROGRAM REGULATION › Section - DOCUMENTS INCORPORATED BY REFERENCE (24VAC35-80)

Current through Register Vol. 40, No. 24, July 15, 2024
Commission on the Virginia Alcohol Safety Action Program
				  Certification Manual, effective January 3, 2023
Statutory Authority: § 18.2-271.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 40 - VIRGINIA PORT AUTHORITY

Current through Register Vol. 40, No. 24, July 15, 2024
AGENCY SUMMARY
The Virginia Port Authority is empowered to adopt and enforce
			 reasonable rules and regulations governing (i) the maximum and minimum speed
			 limits of motor vehicles using authority property, (ii) the kinds and sizes of
			 vehicles which may be operated upon authority property, (iii) materials which
			 shall not be transported through or over authority property, and (iv) other
			 matters affecting the safety and security of authority property. Code of
			 Virginia, Title 62.1, Chapter 10.
The authority operates under the supervision of the Secretary of
			 Transportation. Regulations and documents filed by description are available
			 for inspection at the authority's central regional office at 600 World Trade
			 Center, Norfolk, VA 23510 and on the authority's website. Internet address:
http://www.vaports.com/
Washington Administrative Code › Title 1 - Code Reviser, Office of the › Chapter 1-04 - General provisions › Section 1-04-010 - State Environmental Policy Act

Current through Register Vol. 24-14, July 15, 2024
Under
				RCW
				  43.21C.120 and the SEPA guidelines, chapter
				197-11 WAC, the office of the code reviser has reviewed its authorized
				activities and has found them all to be exempt under chapter 197-11
				WAC.
Statutory Authority:
				  RCW
				  1.08.110, 34.05.356,
				  34.05.385, and
				  34.08.030. 00-18-001, §
										1-04-010, filed 8/23/00, effective
				  12/31/00; Order 11, §
										1-04-010, filed
				  9/14/76.
Washington Administrative Code › Title 1 - Code Reviser, Office of the › Chapter 1-06 - Public records › Section 1-06-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to ensure compliance by the
				statute law committee and the office of the code reviser with the provisions of
				chapter 42.56 RCW, the Public Records Act. The agency adopts these rules and
				regulations so as to provide fullest assistance to inquirers and full public
				access to the agency's public records while protecting those records from
				damage or disorganization, preventing excessive interference with other
				essential agency functions, and not unreasonably disrupting agency
				operations.
Statutory Authority:
				  RCW
				    1.08.110,
				  34.05.385,
				  1.08.001, and Executive Order 97-2.
				  06-16-019, §
										1-06-010, filed 7/24/06, effective
				  8/24/06. Statutory Authority:
				  RCW
				    1.08.110, 34.05.356,
				  34.05.385, and
				  34.08.030. 00-18-001, §
										1-06-010, filed 8/23/00, effective
				  12/31/00; Order 8, §
										1-06-010, filed 9/25/74, effective
				  10/25/74.
Washington Administrative Code › Title 1 - Code Reviser, Office of the › Chapter 1-06 - Public records › Section 1-06-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this chapter
				unless the context clearly requires otherwise.
(1) "Agency" means the committee, the code
			 reviser, the office of the code reviser, and the staff and employees
			 thereof.
(2)"Business days" are
			 weekdays, Monday through Friday, excluding state legal holidays.
(3)"Code reviser" means the code reviser
			 employed by the committee pursuant to
			 RCW
			   1.08.011.
(4) "Committee" means the statute law
			 committee created pursuant to chapter 1.08 RCW.
(5) "Public record" and "writing" have the
			 meanings given in
			 RCW
			   42.56.010.
(6)"Public Records Act" means chapter 42.56
			 RCW.
Statutory Authority:
				  RCW
				    1.08.110,
				  34.05.385,
				  1.08.001, and Executive Order 97-2.
				  06-16-019, §
										1-06-020, filed 7/24/06, effective
				  8/24/06; Order 8, §
										1-06-020, filed 9/25/74, effective
				  10/25/74.
Washington Administrative Code › Title 1 - Code Reviser, Office of the › Chapter 1-06 - Public records › Section 1-06-030 - Description of central and field organization

Current through Register Vol. 24-14, July 15, 2024
(1) The committee consists of eleven members.
			 The committee employs a code reviser, who serves as its secretary, employs
			 necessary staff for the office of the code reviser, and manages the daily
			 operations of the office of the code reviser.
(2) Among the primary responsibilities of the
			 agency is the duty to periodically codify, index, and publish the
Revised Code of Washington
and to revise, correct, and
			 harmonize the statutes by means of administrative or suggested legislative
			 action as may be appropriate. The agency is also the official bill drafting arm
			 of the legislature and its various committees, and prepares for the legislature
			 all bills, memorials, resolutions, amendments, and conference reports, which
			 activities are pursued on a nonpartisan, professional, lawyer-client,
			 confidential basis under
			 RCW
			   1.08.027. The agency also produces the
			 legislative digest and history of bills. Immediately following each session of
			 the legislature, the committee indexes and publishes the session laws. The
			 committee administers chapter 34.05 RCW, the Administrative Procedure Act,
			 serving as official repository for the rules of the various state agencies and
			 the institutions of higher education, and creating and publishing the
Washington Administrative Code
and the
Washington
			 State Register
.
Statutory Authority:
				  RCW
				    1.08.110,
				  34.05.385,
				  1.08.001, and Executive Order 97-2.
				  06-16-019, §
										1-06-030, filed 7/24/06, effective
				  8/24/06. Statutory Authority:
				  RCW
				    1.08.110, 34.05.356,
				  34.05.385, and
				  34.08.030. 00-18-001, §
										1-06-030, filed 8/23/00, effective
				  12/31/00; Order 8, §
										1-06-030, filed 9/25/74, effective
				  10/25/74.
Washington Administrative Code › Title 1 - Code Reviser, Office of the › Chapter 1-06 - Public records › Section 1-06-040 - Operations and procedures (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    1.08.110, 34.05.356,
				  34.05.385, and
				  34.08.030. 00-18-001, §
										1-06-040, filed 8/23/00, effective
				  12/31/00. Statutory Authority:
				  RCW
				    1.08.110,
				  34.05.220 and
				  34.05.250. 91-10-010, §
										1-06-040, filed 4/19/91, effective
				  5/20/91; Order 8, §
										1-06-040, filed 9/25/74, effective
				  10/25/74.
Washington Administrative Code › Title 1 - Code Reviser, Office of the › Chapter 1-06 - Public records › Section 1-06-050 - Public records available

Current through Register Vol. 24-14, July 15, 2024
All public records of the agency are available for public
				inspection and copying pursuant to this chapter, except as otherwise provided
				by law.
Statutory Authority:
				  RCW
				    1.08.110,
				  34.05.385,
				  1.08.001, and Executive Order 97-2.
				  06-16-019, §
										1-06-050, filed 7/24/06, effective
				  8/24/06; Order 8, §
										1-06-050, filed 9/25/74, effective
				  10/25/74.
Washington Administrative Code › Title 1 - Code Reviser, Office of the › Chapter 1-06 - Public records › Section 1-06-060 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The agency's public records are in the charge of the public
				records officer designated by the code reviser. The public records officer is
				responsible for the following: The implementation of the agency's rules and
				regulations regarding release of public records, coordinating the staff of the
				agency in this regard, and generally insuring compliance by the staff with the
				public records disclosure requirements of the Public Records Act. The public
				records officer may be contacted as described in WAC
				1-06-140.
Statutory Authority:
				  RCW
				    1.08.110,
				  34.05.385,
				  1.08.001, and Executive Order 97-2.
				  06-16-019, §
										1-06-060, filed 7/24/06, effective
				  8/24/06; Order 8, §
										1-06-060, filed 9/25/74, effective
				  10/25/74.