Administrative Code

Virginia Administrative Code
7/24/2024

Part I. Definitions and General Information

22VAC30-50-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Advisory board" means the Commonwealth Neurotrauma Initiative Advisory Board.

"Commissioner" means the Commissioner of the Department for Aging and Rehabilitative Services.

"Department" means the Department for Aging and Rehabilitative Services.

"Fund" means the Commonwealth Neurotrauma Initiative Trust Fund.

"Neurotrauma" means an injury to the central nervous system (i.e., a traumatic spinal cord or brain injury) that results in loss of physical functions, cognitive functions, or both.

"RFP" means a request for proposals issued by the advisory board seeking applications for grant moneys in the fund.

Statutory Authority

§§ 51.5-131 and 51.5-181 of the Code of Virginia.

Historical Notes

Former 12VAC5-185-10 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; amended and adopted as 22VAC30-50-10, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 2, eff. October 19, 2016.

22VAC30-50-20. Statement of general policy.

The Commonwealth of Virginia has recognized the need to prevent traumatic spinal cord and brain injuries and is committed to improving the treatment and care of Virginians with traumatic spinal cord and brain injuries. By creating the fund and authorizing the advisory board to administer the fund, the Commonwealth of Virginia makes grant funds available to Virginia-based organizations, institutions, and researchers to address these needs. The advisory board administers the fund to carry out the intent of the law in accordance with its authority.

Statutory Authority

§§ 51.5-131 and 51.5-181 of the Code of Virginia.

Historical Notes

Former 12VAC5-185-20 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; adopted as 22VAC30-50-20, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 2, eff. October 19, 2016.

22VAC30-50-30. Disbursement of funds.

A. This chapter serves to (i) establish policies and procedures for soliciting and receiving applications for grants from the fund, (ii) establish criteria for reviewing and ranking such applications, and (iii) establish procedures for distributing moneys in the fund, which shall be used solely to provide grants to Virginia-based organizations, institutions, and researchers.

B. Forty-seven and one-half percent of the moneys in the fund distributed under this chapter shall be allocated for research on the mechanisms and treatment of neurotrauma; 47-1/2% of the moneys shall be allocated for rehabilitative services (i.e., the development of innovative, model community-based rehabilitative programs and services for individuals with neurotrauma); and 5.0% of the moneys shall be allocated for the department's costs for administering and staffing the fund and advisory board.

Statutory Authority

§§ 51.5-131 and 51.5-181 of the Code of Virginia.

Historical Notes

Former 12VAC5-185-30 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; amended and adopted as 22VAC30-50-30, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 20, Issue 18, eff. June 18, 2004; Volume 25, Issue 24, eff. September 3, 2009; Volume 28, Issue 24, eff. August 30, 2012; Volume 33, Issue 2, eff. October 19, 2016.

22VAC30-50-40. Compliance with the Administrative Process Act.

Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia (the Administrative Process Act) governs the promulgation and administration of this chapter .

Statutory Authority

§§ 51.5-131 and 51.5-181 of the Code of Virginia.

Historical Notes

Former 12VAC5-185-40 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; amended and adopted as 22VAC30-50-40, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; Volume 37, Issue 19, eff. June 25, 2021.

22VAC30-50-50. Application of exemption to the Virginia Freedom of Information Act.

Pursuant to subdivision 9 of § 2.2-3705.5 of the Virginia Freedom of Information Act, Chapter 37 (§ 2.2-3700 et seq.) of Title 2.2 of the Code of Virginia, records submitted to the advisory board as a grant application, or accompanying a grant application, pursuant to Article 12 (§ 51.5-178 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia and this chapter are excluded from the requirement of open inspection to the extent that they contain medical or mental health records or other data identifying individual patients, or proprietary business or research-related information produced or collected by an applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, or scholarly issues. This exemption shall apply when the information has not been publicly released, published, copyrighted, or patented, if the disclosure of the information would be harmful to the competitive position of the applicant. The advisory board intends to rely upon this exemption in order to encourage the submission of applications.

Statutory Authority

§§ 51.5-131 and 51.5-181 of the Code of Virginia

Historical Notes

Former 12VAC5-185-50 derived from Virginia Register Volume 17, Issue 9, eff. February 14, 2001; amended and adopted as 22VAC30-50-50, Virginia Register Volume 19, Issue 9, eff. February 13, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 3, 2009; Volume 33, Issue 2, eff. October 19, 2016; Volume 37, Issue 19, eff. June 25, 2021.

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