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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 221. Regulations Governing Cooperative Agreements
2/4/2026

12VAC5-221-80. Commissioner's review.

A. When reviewing an application, the commissioner shall consult: (i) the Attorney General and (ii) all other affected agencies of the Commonwealth.

B. When reviewing an application, the commissioner may (i) consult with the Federal Trade Commission and (ii) consult and coordinate with other affected jurisdictions.

C. During review of an application, the commissioner shall examine (i) the record developed by the authority, (ii) the authority's recommendation for approval, (iii) any additional information received from the parties, and (iv) any other data and information available.

D. The commissioner may not render a decision on an application until all requested supplemental information is received.

E. The commissioner shall consider the factors that the authority is required to consider pursuant to § 15.2-5384.1 E of the Code of Virginia when reviewing an application.

F. The commissioner shall approve the application if he finds by a preponderance of the evidence that the benefits likely to result from the proposed cooperative agreement outweigh the disadvantages likely to result from a reduction in competition from the proposed cooperative agreement.

Statutory Authority

§ 32.1-12 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 34, Issue 1, eff. October 20, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 15, 2026.

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