Chapter 10. Public Participation Guidelines
Part I
General Information
7VAC10-10-10. Definitions.
The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Department" means the Department of Minority Business Enterprise.
"Director" means the Director of the Department of Minority Business Enterprise.
"Person" means any corporation, partnership, sole proprietorship, association, one or more individuals, or any unit of government or agency thereof.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 1.1, eff. February 13, 1991.
7VAC10-10-20. Policy.
The department shall seek public participation from interested parties prior to formation and during the drafting, promulgation and final adoption process of regulations.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 1.2, eff. February 13, 1991.
7VAC10-10-30. Application.
These guidelines apply to all regulations adopted by the department except for emergency regulations adopted in accordance with § 9-6.14:9 of the Code of Virginia and such regulations as may be otherwise excluded as identified in the Code of Virginia.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 1.3, eff. February 13, 1991.
Part II
Initiation of Process
7VAC10-10-40. Department review.
The department shall review the effectiveness and need for these regulations on an annual basis.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 2.1, eff. February 13, 1991.
7VAC10-10-50. Formal request for action.
Any person may formally request the director to adopt, amend, or delete any regulation. The request shall be in writing and shall state the name and address of the person interested in the proposed action; the recommended addition, deletion or amendment to a specific regulation; and the anticipated impact on persons affected by the regulation. If the director determines not to act upon a formal request, he shall provide a written response not to act within 90 days from the date of the request. The director shall have sole authority to dispose of the formal request.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 2.2, eff. February 13, 1991.
Part III
Public Participation
7VAC10-10-60. Notice of intended regulatory action.
When the director deems it necessary to develop new regulations or make changes to an existing regulation, a "Notice of Intended Regulatory Action" (form RR01) will be published in the Virginia Register. This notice will invite those interested in providing input to notify the department of their interest. This notice will contain a brief and concise statement of the proposed regulation or change in the regulation and invite interested persons to provide written comment on the subject matter.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 3.1, eff. February 13, 1991.
7VAC10-10-70. Identification of interested persons.
The department shall identify persons whom it believes would be interested in or affected by the regulation. To do so, the department will use the following:
1. A directory or listing of minority businesses maintained by the department;
2. A listing of persons who request to be placed on the mailing list;
3. A listing of persons who previously participated in public proceedings concerning related subjects or issues; and
4. The department may also use other mailing lists or publish a notice of a public hearing in a newspaper of general circulation in Virginia.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 3.2, eff. February 13, 1991.
7VAC10-10-80. Informational proceeding.
The director or any representative designated for such purpose may hold informational proceedings on any new regulation or proposed changes to existing regulations. In notifying the public, the department shall file a "Notice of Meeting" (form RR06) with the Virginia Register of Regulations. Such persons desiring to comment shall be encouraged to provide a written copy of their statement to the department.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 3.3, eff. February 13, 1991.
Part IV
Advisory Panel
7VAC10-10-90. Establishment.
The director may establish an advisory panel to comment or make recommendations on new regulations or changes to existing regulations. The panel shall be at least five and no more than seven members in number.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 4.1, eff. February 13, 1991.
7VAC10-10-100. Panel membership.
At least one member shall be a representative from a minority business enterprise; one member shall be employed by an office responsible for a federal, state, or local small or minority assistance program; one member with shall have race relations, equal opportunity or related experience and interest; and one member shall be employed by government with procurement or purchasing responsibility. The balance of the panel shall be at-large members who have expressed or may have an interest in the regulation.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 4.2, eff. February 13, 1991.
7VAC10-10-110. Orientation of panel.
Panel members will be oriented to the department, its program, issues, constraints, entities to be affected, options and time limitations. The panel will discuss and make recommendations which will be considered in the drafting and adopting of regulations. Once the regulations have been developed, the panel will review them and continue to participate during the promulgation process.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 4.3, eff. February 13, 1991.
Part V
Final
7VAC10-10-120. Adoption.
After proposed regulations have been developed by the department in accordance with these guidelines, they shall be submitted for public comment and adopted in final form in accordance with the Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia).
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 5.1, eff. February 13, 1991.
7VAC10-10-130. Final action.
After proposed action on a regulation has been approved, the final regulation will be printed in the Virginia Register of Regulations.
Copies of final regulations shall be printed and will be available by writing the Department of Minority Business Enterprise at its office in Richmond, Virginia.
Statutory Authority
§§ 2.2-1403 and 2.2-4007 of the Code of Virginia.
Historical Notes
Derived from VR486-01-01 § 5.2, eff. February 13, 1991.