Chapter 10. Public Participation Guidelines
19VAC10-10-10. General.
The Department of Emergency Services ("department") promulgates emergency operations plans which are considered to be "regulations" as that term is defined in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). These plans are generally procedural, rather than substantive, in nature and do not require public participation. Plans that are substantive in nature, either wholly or in part, will be developed subject to the guidelines herein.
Statutory Authority
§ 2.2-4007 and Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 of the Code of Virginia.
Historical Notes
Derived from VR290-01-1 § 1, eff. May 5, 1985.
19VAC10-10-20. Identification of interested parties.
Prior to the development of any substantive regulation, the department shall identify persons it feels may be interested in or affected by the proposed regulation. The methods for identifying interested parties shall include, but not be limited to, the following:
1. Reviewing department subject matter files to identify persons who have previously raised questions or expressed an interest in the subject at hand.
2. Reviewing lists of attendees at any pertinent hearings or public meetings conducted by the department.
3. Consulting the department's listing of emergency service coordinators and directors for local governments.
4. Listing all agencies (state, local, or private) tasked by the regulation.
Statutory Authority
§ 2.2-4007 and Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 of the Code of Virginia.
Historical Notes
Derived from VR290-01-1 § 2, eff. May 5, 1985.
19VAC10-10-30. Notification of interested parties.
A. The department shall prepare a Notice of Intent to Develop Regulations ("notice") prior to the development of any substantive regulation. The notice will identify the subject matter and purpose for the development of the regulation and shall specify a time deadline and point of contact for receipt of responses from persons interested in participating in the developmental process.
B. The methods for disseminating the notice to the public shall include, but not be limited to, the following:
1. Send notice to all persons identified pursuant to 19VAC10-10-20 as having a potential interest in the regulation;
2. Publish notice in the Virginia Register of Regulations;
3. Publish notice in the DES "Update" or other agency newsletter;
4. Send notice to Virginia emergency service organizations, requesting that they publish it in their newsletters or journals;
5. Send news releases to the news media in the are to be affected by the regulation; or
6. Publish notice in a newspaper of general circulation in the four major metropolitan areas of the Commonwealth or in a newspaper in the particular area affected by the regulation.
Statutory Authority
§ 2.2-4007 and Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 of the Code of Virginia.
Historical Notes
Derived from VR290-01-1 § 3, eff. May 5, 1985.
19VAC10-10-40. Participation of interested parties.
A. Initial comment. After interested parties have responded to the notice, the department will analyze the level of interest. If sufficient interest exists, the department shall schedule informal meetings prior to the development of any regulation to determine the specific areas of interest and to gather factual information relative to the subject matter of that regulation. Alternatively, the department will request that persons who have responded to the notice make written submissions of comments, concerns and suggestions relative to the proposed regulation.
B. Preparation of proposed regulation. Subsequent to the initial public input on the development of any regulation, the department shall develop a proposed regulation. A copy will be furnished to all persons who responded to the notice indicating an interest in the regulation and to those persons participating in the initial comment phase. If the regulation in its entirety is too lengthy to furnish to all interested parties, it will be made available for review at the department's offices. Relevant portions of the regulation may also be furnished to interested parties. Comments will be invited at this time. If the response warrants, additional informal meetings may be held. The proposed regulation will be published in the Virginia Register of Regulations in accordance with § 2.2-4007 of the Code of Virginia.
Statutory Authority
§ 2.2-4007 and Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 of the Code of Virginia.
Historical Notes
Derived from VR290-01-1 § 4, eff. May 5, 1985.
19VAC10-10-50. Final comment and promulgation.
Public comment, executive review and legislative review of the proposed regulation will proceed in accordance with Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Public comment will be solicited by the same means listed in 19VAC10-10-30 B and will be permitted for at least 60 days.
Statutory Authority
§ 2.2-4007 and Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 of the Code of Virginia.
Historical Notes
Derived from VR290-01-1 § 5, eff. May 5, 1985.