Virginia Department of Professional and Occupational Regulation

4. Public Participation Guidelines (Title 18, Chapter 11) 18VAC120-11-50

Provisions: 13 0 13 0 0 Req: 0

5. Public Participation Guidelines (Title 18, Chapter 11) 18VAC120-11-60

Provisions: 7 0 7 0 0 Req: 0

6. Public Participation Guidelines (Title 18, Chapter 11) 18VAC120-11-70

7. Public Participation Guidelines (Title 18, Chapter 11) 18VAC120-11-80

8. Public Participation Guidelines (Title 18, Chapter 11) 18VAC120-11-100

Provisions: 6 0 6 0 0 Req: 0

9. Public Participation Guidelines (Title 18, Chapter 11) 18VAC120-11-110

10. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-10

11. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-20

Provisions: 1 0 1 0 0 Req: 0

12. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-30

Provisions: 3 0 3 0 0 Req: 3

13. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-40

Provisions: 9 0 9 0 0 Req: 10

14. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-50

Provisions: 5 0 5 0 0 Req: 8

15. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-55

Provisions: 3 0 3 0 0 Req: 3

16. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-60

Provisions: 1 0 1 0 0 Req: 1

17. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-270

Provisions: 15 0 15 0 0 Req: 3

18. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-80

Provisions: 2 0 2 0 0 Req: 2

19. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-100

Provisions: 5 0 5 0 0 Req: 4

20. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-110

Provisions: 6 0 6 0 0 Req: 5

21. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-120

Provisions: 1 0 1 0 0 Req: 0

22. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-130

Provisions: 4 0 4 0 0 Req: 3

23. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-160

24. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-170

25. Regulations Governing Polygraph Examiners (Title 18, Chapter 30) 18VAC120-30-180

Public Participation Guidelines

18VAC120-11-10

Express

General

Overreach

Unauthorized

Requirements

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Professional and Occupational Regulation.¹ This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).²

Provision-Level Authorization Analysis

Provision 1

"The purpose of this chapter is to promote public involvement in the development,..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202, and shall have the power and duty to: the power and duty to: 1. Promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) which implement the federal Professional Boxing Safety Act of 1996 (15 U.S.C. § 6301 et seq.) and protect the public against incompetent, unqualified, unscrupulous or unfit persons engaging in the activities regulated by this chapter.

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement federal law and protect the public. This broad grant of authority allows for GENERAL_DELEGATION because it encompasses the regulation's aim to promote public involvement in the regulatory process, which is essential for ensuring that the Department's actions align with public interest and safety. The legal significance of this authorization relationship is that it empowers the Department to create regulations that facilitate transparency and stakeholder engagement, thereby enhancing the effectiveness of its regulatory oversight.

ADDITIONAL AUTHORITY § 2.2-4000

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4000. Short title; purpose A. This chapter may be cited as the "Administrative Process A...

Provision 2

"This chapter does not apply to regulations, guidelines, or other documents exemp..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the chapter's provisions and empowers the Director to promulgate regulations in accordance with the Administrative Process Act. This results in GENERAL_DELEGATION because the regulation's exemption from the Administrative Process Act aligns with the Director's broad authority to create regulations that implement federal standards, allowing flexibility in regulatory oversight. The legal significance of this authorization relationship is that it enables the Department to adapt its regulatory framework efficiently while still adhering to overarching statutory mandates.

ADDITIONAL AUTHORITY § 2.2-4000

Explicit Statutory Citations

SEQUENTIAL REFERENCE § 2.2-4000

Citation text: "§ 2.2-4000"

SEQUENTIAL REFERENCE § 2.2-4000

Citation text: "§ 2.2-4000 et seq."

Total: 2 citations to 1 unique statute

Notification List Requirements

18VAC120-11-30

Express

General

Overreach

Unauthorized

Requirements

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.¹ B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.² C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.³ D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.⁴ E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.⁵ F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.⁶

Provision-Level Authorization Analysis

Provision 1

"A. The agency shall maintain a list of persons who have requested to be notified..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement federal law and protect the public from unfit individuals in regulated activities. This broad grant of authority encompasses the regulation requiring the agency to maintain a list of individuals requesting notifications of regulatory actions, as it falls within the Department's duty to ensure transparency and public engagement in regulatory processes. The legal significance of this authorization relationship is that it allows the agency to establish necessary procedures that support its enforcement and regulatory responsibilities without needing a higher level of delegation.

Provision 2

"B. Any person may request to be placed on a notification list by registering as ..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement federal law and protect the public from unqualified individuals. This broad grant of authority allows for the establishment of a regulation that facilitates public engagement and communication, such as the notification list, which is essential for transparency and public safety in the regulated activities. The legal significance of this authorization relationship is that it enables the agency to create necessary procedural mechanisms that support its overarching regulatory responsibilities without needing to seek further specific legislative approval.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (person requesting to be placed on a notification list)

Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

Action: elect to be notified either by electronic means or through a postal carrier

Provision 3

"C. The agency may maintain additional lists for persons who have requested to be..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the chapter's provisions, along with the power to promulgate regulations that implement federal standards and protect the public. This broad grant of authority encompasses the regulation allowing the agency to maintain additional lists for individuals interested in specific regulatory issues, as it falls within the scope of ensuring public awareness and engagement in the regulatory process. The legal significance of this authorization relationship is that it empowers the agency to take proactive measures in communication and transparency, thereby enhancing its regulatory function without the need for specific legislative approval for each action.

Provision 4

"D. When electronic mail is returned as undeliverable on multiple occasions at le..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement federal law and protect the public from unqualified individuals. This broad grant of authority allows for the establishment of regulations that address operational details, such as the criteria for maintaining communication with regulated individuals, thereby justifying the GENERAL_DELEGATION status. The legal significance of this relationship is that it empowers the agency to create necessary procedural regulations to effectively fulfill its mandate without requiring further specific legislative approval for each regulation.

Discretionary Requirements

1 Discretionary Requirements Identified

"may be" (the person)

that person may be deleted from the list

Action: may be deleted from the list

Conditions: when electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart

Provision 5

"E. When mail delivered by a postal carrier is returned as undeliverable on multi..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, empowering the Director to promulgate regulations that implement federal standards and protect the public from unfit individuals in regulated activities. This broad grant of authority allows for the establishment of regulations that address operational details, such as the handling of undeliverable mail, which is necessary to maintain the integrity of the regulatory process and ensure effective communication with regulated individuals. The legal significance of this authorization relationship is that it enables the Department to create necessary procedural regulations under a general delegation of authority, ensuring compliance with both state and federal standards while safeguarding public interests.

Provision 6

"F. The agency may periodically request those persons on the notification list to..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement federal law and protect the public from unfit individuals in regulated activities. This broad grant of authority encompasses the regulation, as it allows the agency to establish procedures for maintaining communication with stakeholders, ensuring that the public remains informed and engaged in the regulatory process. The legal significance of this relationship is that it enables the agency to effectively manage its responsibilities while ensuring compliance with both state and federal requirements, thereby promoting public safety and transparency.

Discretionary Requirements

1 Discretionary Requirements Identified

"may" (persons on the notification list)

periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from th...

Action: indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list

Public Participation Guidelines

18VAC120-11-40

Express

General

Overreach

Unauthorized

Requirements

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC120-11-30 , the agency shall send the following information: 1. A notice of intended regulatory action (NOIRA).¹ 2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.² 3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.³ B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.⁴

Provision-Level Authorization Analysis

Provision 1

"A. To persons electing to receive electronic notification or notification throug..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007.06

shall (i) suspend the regulatory process for 30 days to solicit additional public comment file notice of the additional 30-day public comment period with the Registrar of Regulations

ANALYSIS

§ 2.2-4007.06 specifically grants the agency the authority to suspend the regulatory process for 30 days to solicit additional public comment and requires the filing of notice regarding this period with the Registrar of Regulations. This broad grant of authority allows the agency to implement procedures for notifying individuals about regulatory actions, such as sending a notice of intended regulatory action (NOIRA) to those opting for electronic or postal notifications, thereby aligning with the intent of soliciting public input. The legal significance of this authorization relationship is that it empowers the agency to engage the public effectively in the regulatory process, ensuring transparency and participation without the need for further specific legislative direction.

CROSS-REFERENCE § 2.2-4007.06

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.06. Changes between proposed and final regulations If one or more changes with substantial...

Provision 2

"2. A notice of the comment period on a proposed, a reproposed, or a fast-track r..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement federal law and protect the public from unqualified individuals in regulated activities. This broad grant of authority encompasses the regulation requiring a notice of the comment period and access to regulatory documents, as it falls under the Department's duty to ensure transparency and public participation in the regulatory process. The legal significance of this authorization relationship is that it allows for a flexible approach to regulation, enabling the Department to effectively engage with stakeholders while fulfilling its mandate to protect public safety.

CROSS-REFERENCE § 2.2-4007.06

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.06. Changes between proposed and final regulations If one or more changes with substantial...

Provision 3

"3. A notice soliciting comment on a final regulation when the regulatory process..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, empowering the Director to promulgate regulations that implement federal law and protect the public from unqualified individuals in regulated activities. This broad grant of authority encompasses the regulation, as it pertains to the procedural aspects of soliciting public comment on final regulations, which is essential for ensuring transparency and public participation in the regulatory process. The legal significance of this authorization relationship is that it allows the Department to effectively engage stakeholders and refine regulations in alignment with the overarching goal of public safety and regulatory compliance.

CROSS-REFERENCE § 2.2-4007.06

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.06. Changes between proposed and final regulations If one or more changes with substantial...

Explicit Statutory Citations

AUTHORIZING CITATION § 2.2-4007.06

Citation text: "§ 2.2-4007.06"

✓ Suggests authorization

Total: 1 citation to 1 unique statute

Provision 4

"B. The failure of any person to receive any notice or copies of any documents sh..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the chapter's provisions, including the power to promulgate regulations that implement federal law and protect the public from unfit individuals in regulated activities. This broad grant of authority encompasses the regulation, as it addresses procedural aspects of regulatory actions, ensuring that the validity of regulations is maintained regardless of individual notice, which is essential for effective enforcement and public protection. The legal significance of this authorization relationship is that it allows the Department to establish necessary procedural safeguards while maintaining the integrity of its regulatory framework, thereby fulfilling its statutory mandate.

CROSS-REFERENCE § 2.2-4007.06

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.06. Changes between proposed and final regulations If one or more changes with substantial...

Public Participation Guidelines

18VAC120-11-50

Express

General

Overreach

Unauthorized

Requirements

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall.¹ 1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.² 2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.³ B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows: 1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).⁴ 2. For a minimum of 60 calendar days following the publication of a proposed regulation.⁵ 3. For a minimum of 30 calendar days following the publication of a reproposed regulation.⁶ 4. For a minimum of 30 calendar days following the publication of a final adopted regulation.⁷ 5. For a minimum of 30 calendar days following the publication of a fast-track regulation.⁸ 6. For a minimum of 21 calendar days following the publication of a notice of periodic review.⁹ 7. Not later than 21 calendar days following the publication of a petition for rulemaking.¹⁰ C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.¹¹ D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.¹² E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.¹³

Provision-Level Authorization Analysis

Provision 1

"A. In considering any nonemergency, nonexempt regulatory action, the agency shal..."

General Delegation

AUTHORIZING STATUTE § 2.2-4012

all regulations... may be formally and finally adopted by the signed order of the agency so stating regulations shall contain a citation to the section of the Code of Virginia that authorizes or requires the regulations

ANALYSIS

§ 2.2-4012 specifically grants agencies the authority to adopt regulations through a signed order, indicating that the agency has broad discretion in determining the content and process of these regulations. This results in GENERAL_DELEGATION because the statute's language allows the agency to establish procedures for regulatory actions, including affording opportunities for public participation, which is reflected in the regulation's requirements for input and representation. The legal significance of this relationship is that it empowers the agency to implement regulatory processes that enhance transparency and stakeholder engagement, while still operating within the framework established by the statute.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Provision 2

"1. To any requesting person, the agency shall provide copies of the statement of..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

To promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000et seq.) necessary to assure continued competency, to prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for ensuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. This broad language allows the agency to establish procedures that facilitate transparency and public engagement in the regulatory process, which is reflected in the regulation's requirement to provide essential documentation and responses to public comments. The legal significance of this authorization relationship is that it empowers the agency to implement measures that enhance accountability and stakeholder participation, aligning with the overarching goals of the statutory framework.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Provision 3

"2. The agency may begin crafting a regulatory action prior to or during any oppo..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for assuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. This broad grant of authority allows the agency to initiate regulatory actions at its discretion, which aligns with the need for flexibility in responding to public input and regulatory needs, thereby resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the agency to proactively manage regulatory processes while ensuring that public engagement is integrated into its actions, thus enhancing the overall regulatory framework.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Provision 4

"B. The agency shall accept public comments in writing after the publication of a..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for ensuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. This broad language allows the agency to establish procedures, such as accepting public comments, which are essential for transparency and stakeholder engagement in the regulatory process. The legal significance of this relationship is that it empowers the agency to implement necessary procedural steps within its regulatory framework, thereby fulfilling its mandate under the statute while maintaining accountability and public involvement.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Provision 5

"2. For a minimum of 60 calendar days following the publication of a proposed reg..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for ensuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. This broad grant of authority allows the agency to establish procedural requirements, such as the minimum 60-day period for public comment on proposed regulations, as a means to enhance transparency and stakeholder engagement in the regulatory process. The legal significance of this relationship is that it empowers the agency to implement essential regulatory practices without requiring further specific legislative approval, thereby facilitating efficient governance and oversight.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Provision 6

"3. For a minimum of 30 calendar days following the publication of a reproposed r..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for assuring continued competency and preventing deceptive practices. The regulation requiring a minimum of 30 calendar days following the publication of a reproposed regulation aligns with the statute's broad mandate to effectively administer the regulatory system, as it establishes a clear process for stakeholder engagement and transparency. This authorization relationship signifies that the agency has the discretion to implement procedural requirements that support its regulatory objectives without needing to seek further specific legislative approval.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Provision 7

"4. For a minimum of 30 calendar days following the publication of a final adopte..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for assuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. The regulation's requirement for a minimum of 30 calendar days following the publication of a final adopted regulation aligns with the statute's broad mandate to establish procedures that support the effective administration of the regulatory system. This authorization relationship signifies that the agency has the discretion to implement procedural regulations that facilitate compliance and transparency, thereby reinforcing the overall regulatory framework established by the statute.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Provision 8

"5. For a minimum of 30 calendar days following the publication of a fast-track r..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary to assure continued competency and to effectively administer the regulatory system. This broad language encompasses the regulation's requirement for a minimum of 30 calendar days following the publication of a fast-track regulation, as it is essential for maintaining transparency and ensuring practitioners are informed of regulatory changes. The legal significance of this authorization relationship is that it allows the agency to implement necessary procedural safeguards without requiring additional legislative approval, thereby facilitating efficient regulatory administration.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Provision 9

"6. For a minimum of 21 calendar days following the publication of a notice of pe..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for ensuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. The regulation's requirement for a minimum of 21 calendar days following the publication of a notice of periodic review aligns with the statute's broad mandate to establish procedures that support the effective administration of the regulatory framework. This relationship signifies that the agency has the discretion to implement regulations that facilitate its overarching goals, thus justifying the GENERAL_DELEGATION authorization level.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Provision 10

"7. Not later than 21 calendar days following the publication of a petition for r..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for ensuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. This broad grant of authority allows for the establishment of procedural requirements, such as the timeline for responding to petitions for rulemaking, which is reflected in the regulation. The legal significance of this relationship is that it enables the agency to implement necessary operational procedures under a GENERAL_DELEGATION framework, ensuring flexibility in regulatory administration while adhering to the overarching goals outlined in the statute.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Provision 11

"C. The agency may determine if any of the comment periods listed in subsection B..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for ensuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. This broad language allows the agency to exercise discretion in managing procedural aspects, such as determining the extension of comment periods, which supports the overall regulatory framework. The legal significance of this relationship is that it empowers the agency to adapt its processes to enhance regulatory effectiveness without requiring specific legislative approval for each procedural adjustment.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Provision 12

"D. If the Governor finds that one or more changes with substantial impact have b..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary to assure continued competency, prevent deceptive practices, and effectively administer the regulatory system. This broad grant of authority encompasses the regulation, as it allows for the adjustment of the public comment period in response to significant changes in proposed regulations, thereby ensuring transparency and stakeholder engagement in the regulatory process. The legal significance of this authorization relationship is that it empowers the agency to adapt its regulatory procedures in a manner that aligns with the overarching goals of competency and effective administration, which is essential for maintaining public trust and regulatory integrity.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Explicit Statutory Citations

REFERENCE § 2.2-4013

Citation text: "§ 2.2-4013"

✓ Suggests authorization

Total: 1 citation to 1 unique statute

Provision 13

"E. The agency shall send a draft of the agency's summary description of public c..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for assuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. This broad grant of authority encompasses the regulation's requirement to send a draft summary of public comments to all public commenters, as it aligns with the agency's responsibility to ensure transparency and engagement in the regulatory process. The legal significance of this authorization relationship is that it allows the agency to implement procedural steps that enhance public participation and oversight, thereby fulfilling its statutory mandate without exceeding its delegated powers.

EXCEPTION § 2.2-4012

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4012. Purpose; adoption; effective date; filing; duties of Registrar of Regulations A. The purp...

ADDITIONAL AUTHORITY § 2.2-4013

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4013. Executive review of proposed and final regulations; changes with substantial impact A. Th...

Explicit Statutory Citations

AUTHORIZING CITATION § 2.2-4012

Citation text: "§ 2.2-4012"

✓ Suggests authorization

Total: 1 citation to 1 unique statute

Public Participation Guidelines

18VAC120-11-60

Express

General

Overreach

Unauthorized

Requirements

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.¹ B. A petition shall include but is not limited to the following information: 1. The petitioner's name and contact information;² 2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and³ 3. Reference to the legal authority of the agency to take the action requested.⁴ C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.⁵ D. The petition shall be posted on the Town Hall and published in the Virginia Register.⁶ E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.⁷

Provision-Level Authorization Analysis

Provision 1

"A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition th..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for ensuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. This broad grant of authority allows for GENERAL_DELEGATION because it encompasses the ability to consider regulatory actions as part of the agency's responsibility to maintain effective regulation and respond to public input. The legal significance of this relationship is that it empowers the agency to adapt its regulatory framework in response to petitions, thereby enhancing its responsiveness and effectiveness in governance.

ADDITIONAL AUTHORITY § 2.2-4007

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007. Petitions for new or amended regulations; opportunity for public comment A. Any person ma...

Explicit Statutory Citations

REFERENCE § 2.2-4007

Citation text: "§ 2.2-4007"

✓ Suggests authorization

Total: 1 citation to 1 unique statute

Provision 2

"B. A petition shall include but is not limited to the following information: 1. ..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary to assure continued competency and to effectively administer the regulatory system. This broad language allows for the establishment of procedural requirements, such as those outlined in the regulation regarding the information required in a petition, thereby fitting within the agency's mandate to prevent misleading practices and ensure effective administration. The legal significance of this relationship is that it empowers the agency to create detailed regulations that support its overarching goals, reinforcing its ability to regulate effectively without the need for specific legislative approval for each individual regulation.

ADDITIONAL AUTHORITY § 2.2-4007

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007. Petitions for new or amended regulations; opportunity for public comment A. Any person ma...

Provision 3

"2. The substance and purpose of the rulemaking that is requested, including refe..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for assuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. This broad language allows for GENERAL_DELEGATION because it encompasses a wide range of regulatory activities, including the requirement for rulemaking to clarify the substance and purpose of regulations, which is essential for transparency and compliance. The legal significance of this relationship is that it empowers the agency to create detailed regulations that fulfill its statutory mandate without needing to seek further specific authorization for each individual regulatory action.

ADDITIONAL AUTHORITY § 2.2-4007

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007. Petitions for new or amended regulations; opportunity for public comment A. Any person ma...

Provision 4

"3. Reference to the legal authority of the agency to take the action requested."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for ensuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. This broad language allows the agency to establish regulations that encompass various aspects of its regulatory functions, including the requirement for a reference to the legal authority of the agency in its actions. The legal significance of this relationship is that it provides the agency with the flexibility to implement regulations that align with its overarching mandate, thereby justifying the GENERAL_DELEGATION authorization level.

ADDITIONAL AUTHORITY § 2.2-4007

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007. Petitions for new or amended regulations; opportunity for public comment A. Any person ma...

Provision 5

"C. The agency shall receive, consider and respond to a petition pursuant to § 2...."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for ensuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. This broad grant of authority encompasses the regulation's requirement for the agency to receive, consider, and respond to petitions, as it directly relates to the effective administration of the regulatory system and the assurance of competent practices. The legal significance of this authorization relationship is that it allows the agency to exercise discretion in handling petitions, thereby facilitating responsive governance within its regulatory framework.

ADDITIONAL AUTHORITY § 2.2-4007

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007. Petitions for new or amended regulations; opportunity for public comment A. Any person ma...

Explicit Statutory Citations

AUTHORIZING CITATION § 2.2-4007

Citation text: "§ 2.2-4007"

✓ Suggests authorization

Total: 1 citation to 1 unique statute

Provision 6

"D. The petition shall be posted on the Town Hall and published in the Virginia R..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for ensuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. The regulation requiring that the petition be posted and published aligns with this broad authority, as it facilitates transparency and public awareness, which are essential for effective administration and oversight. The legal significance of this authorization relationship is that it allows the agency to implement necessary procedural steps that support its regulatory objectives without requiring a higher level of specificity or oversight.

ADDITIONAL AUTHORITY § 2.2-4007

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007. Petitions for new or amended regulations; opportunity for public comment A. Any person ma...

Provision 7

"E. Nothing in this chapter shall prohibit the agency from receiving information ..."

General Delegation

AUTHORIZING STATUTE § 54.1-201

ANALYSIS

§ 54.1-201 specifically grants the agency the authority to promulgate regulations necessary for ensuring continued competency, preventing deceptive practices, and effectively administering the regulatory system. This broad grant of authority encompasses the regulation's provision that allows the agency to receive information and initiate rulemaking on its own motion, thereby facilitating proactive governance and oversight. The legal significance of this authorization relationship is that it empowers the agency with the flexibility to adapt and respond to emerging issues within its regulatory framework without needing specific legislative approval for each action.

ADDITIONAL AUTHORITY § 2.2-4007

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007. Petitions for new or amended regulations; opportunity for public comment A. Any person ma...

Public Participation Guidelines

18VAC120-11-70

Express

General

Overreach

Unauthorized

Requirements

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.¹ B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.² C. A RAP may be dissolved by the agency if: 1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or³ 2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.⁴

Provision-Level Authorization Analysis

Provision 1

"A. The agency may appoint a regulatory advisory panel (RAP) to provide professio..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the chapter's provisions, including the power to promulgate regulations that implement federal law and protect the public from unqualified individuals. This broad grant of authority encompasses the regulation allowing the agency to appoint a regulatory advisory panel, as it aligns with the Director's duty to seek expertise necessary for addressing regulatory issues and ensuring public safety. The legal significance of this authorization relationship is that it empowers the agency to utilize specialized knowledge and resources, thereby enhancing its regulatory effectiveness while remaining within the scope of its statutory mandate.

Provision 2

"B. Any person may request the appointment of a RAP and request to participate in..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, as well as the power to promulgate regulations that implement federal law and protect the public from unqualified individuals. This broad grant of authority encompasses the regulation's provision for the appointment and activities of a Regulatory Advisory Panel (RAP), as it aligns with the Department's duty to ensure competent oversight in regulated activities. The legal significance of this authorization relationship is that it allows the agency to exercise discretion in establishing mechanisms, such as the RAP, to fulfill its regulatory responsibilities effectively.

Provision 3

"C. A RAP may be dissolved by the agency if: 1. The proposed text of the regulati..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the chapter's provisions, including the power to promulgate regulations that implement federal law and protect the public from unfit individuals in regulated activities. This broad grant of authority allows for GENERAL_DELEGATION because it encompasses the agency's ability to establish procedures, such as the dissolution of a RAP, which are necessary for the effective enforcement and administration of the regulatory framework. The legal significance of this authorization relationship is that it empowers the agency to create and enforce regulations that ensure compliance and safeguard public interests without requiring further specific legislative approval for each regulatory action.

Provision 4

"2. The agency determines that the regulatory action is either exempt or excluded..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement federal law and protect the public from unqualified individuals in regulated activities. This broad grant of authority allows the agency to determine the applicability of the Administrative Process Act to its regulatory actions, thereby justifying the regulation's stipulation that certain actions may be exempt or excluded from those requirements. The legal significance of this relationship is that it enables the agency to exercise discretion in its regulatory processes while still adhering to the overarching goal of public protection as outlined in the statute.

Public Participation Guidelines

18VAC120-11-80

Express

General

Overreach

Unauthorized

Requirements

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.¹ B. An NRP that has been appointed by the agency may be dissolved by the agency when: 1. There is no longer controversy associated with the development of the regulation;² 2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or³ 3. The agency determines that resolution of a controversy is unlikely.⁴

Provision-Level Authorization Analysis

Provision 1

"A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory ac..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, along with the power to promulgate regulations that implement federal law and protect the public from unqualified individuals in regulated activities. This broad grant of authority encompasses the regulation allowing the agency to appoint a negotiated rulemaking panel, as it aligns with the agency's duty to engage in regulatory actions that may require stakeholder input, particularly in controversial matters. The legal significance of this authorization relationship is that it enables the agency to effectively manage regulatory processes while ensuring public safety and compliance with federal standards.

Provision 2

"B. An NRP that has been appointed by the agency may be dissolved by the agency w..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement federal law and protect the public. This broad grant of authority allows the agency to determine the conditions under which an NRP may be dissolved, as it falls within the scope of ensuring competent and qualified individuals are engaged in regulated activities. The legal significance of this relationship is that it enables the agency to exercise discretion in managing its regulatory framework while ensuring compliance with overarching statutory mandates.

Provision 3

"2. The agency determines that the regulatory action is either exempt or excluded..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the chapter's provisions, including the power to promulgate regulations that implement federal law and protect the public from unqualified individuals. This broad grant of authority allows the agency to determine the applicability of the Administrative Process Act to its regulatory actions, which aligns with the need for flexibility in addressing various regulatory scenarios. The legal significance of this relationship is that it enables the agency to act efficiently and responsively within its regulatory framework while maintaining the overarching goal of public protection.

Provision 4

"3. The agency determines that resolution of a controversy is unlikely."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement federal law and protect the public from unfit individuals in regulated activities. This broad grant of authority encompasses the regulation, as it allows the agency to determine the likelihood of controversy resolution, which is essential for ensuring that the regulatory framework effectively addresses public safety and the integrity of the regulated activities. The legal significance of this authorization relationship is that it empowers the agency to make necessary determinations and establish procedures that align with its mandate to protect the public, thereby reinforcing the agency's regulatory authority under the statute.

Public Participation Guidelines

18VAC120-11-100

Express

General

Overreach

Unauthorized

Requirements

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.¹ B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.² C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when: 1. The agency's basic law requires the agency to hold a public hearing;³ 2. The Governor directs the agency to hold a public hearing; or⁴ 3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.⁵ D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.⁶

Provision-Level Authorization Analysis

Provision 1

"A. The agency shall indicate in its notice of intended regulatory action whether..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the chapter's provisions, including the power to promulgate regulations that implement federal law and protect the public. This broad grant of authority encompasses the regulation, which requires the agency to indicate its intent regarding public hearings, as it is a procedural aspect of the regulatory process that aligns with the agency's duty to ensure transparency and public participation in regulatory actions. The legal significance of this authorization relationship is that it allows the agency to exercise discretion in its regulatory processes while remaining accountable to the public and adhering to statutory mandates.

Provision 2

"B. The agency may conduct one or more public hearings during the comment period ..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement federal law and protect the public. This broad grant of authority allows the agency to conduct public hearings during the comment period for proposed regulatory actions, as it is a necessary step in the regulatory process to ensure transparency and public input. The legal significance of this authorization relationship is that it empowers the agency to engage with stakeholders and gather feedback, thereby enhancing the regulatory framework while maintaining compliance with the overarching statutory mandate.

Provision 3

"C. An agency is required to hold a public hearing following the publication of t..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement the federal Professional Boxing Safety Act and protect the public. This broad grant of authority encompasses the regulation requiring a public hearing, as it aligns with the Director's duty to ensure that the regulatory process is transparent and accountable, thereby safeguarding public interests. The legal significance of this authorization relationship is that it allows for a flexible regulatory framework that can adapt to the needs of public safety while ensuring compliance with procedural requirements.

Provision 4

"2. The Governor directs the agency to hold a public hearing; or"

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement federal law and protect the public. This broad grant of authority allows the agency to hold public hearings as part of its regulatory process, which aligns with the need for transparency and public involvement in regulatory actions. The legal significance of this authorization relationship is that it empowers the agency to engage in necessary regulatory activities without requiring further specific legislative approval, thus facilitating effective governance and oversight.

Provision 5

"3. The agency receives requests for a public hearing from at least 25 persons du..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement federal law and protect the public from unqualified individuals. This broad grant of authority encompasses the regulation requiring the agency to receive requests for a public hearing from at least 25 persons, as it aligns with the Department's duty to ensure public participation and transparency in the regulatory process. The legal significance of this authorization relationship is that it allows the agency to establish procedures that facilitate stakeholder engagement, thereby enhancing the regulatory framework's accountability and responsiveness to public concerns.

Provision 6

"D. Notice of any public hearing shall be posted on the Town Hall and Commonwealt..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations that implement the federal Professional Boxing Safety Act and protect the public from unqualified individuals. This broad grant of authority encompasses the regulation's requirement for public notice of hearings, as it falls within the Department's duty to ensure transparency and public involvement in the regulatory process. The legal significance of this authorization relationship is that it allows the agency to effectively carry out its responsibilities while ensuring compliance with procedural standards that promote public awareness and participation.

Public Participation Guidelines

18VAC120-11-110

Express

General

Overreach

Unauthorized

Requirements

A. The agency shall conduct a periodic review of its regulations consistent with: 1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and¹ 2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.² B. A periodic review may be conducted separately or in conjunction with other regulatory actions.³ C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.⁴

Provision-Level Authorization Analysis

Provision 1

"A. The agency shall conduct a periodic review of its regulations consistent with..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the chapter's provisions and empowers the Director to promulgate regulations that implement federal law and protect the public from unqualified individuals. This broad grant of authority encompasses the regulation's requirement for periodic reviews of existing regulations, as it aligns with the Director's duty to ensure the effectiveness and necessity of regulations in fulfilling the statutory mandate. The legal significance of this authorization relationship is that it allows for a flexible and responsive regulatory framework that can adapt to changing circumstances while maintaining the overarching goal of public protection.

ADDITIONAL AUTHORITY § 2.2-4017

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4017. Periodic review of regulations Each Governor shall mandate through executive order a proc...

DEFINITION § 2.2-4007.1

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.1. Regulatory flexibility for small businesses; periodic review of regulations A. As used ...

Explicit Statutory Citations

AUTHORIZING CITATION § 2.2-4017

Citation text: "§ 2.2-4017"

✓ Suggests authorization

Total: 1 citation to 1 unique statute

Provision 2

"2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding ..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, empowering the Director to promulgate regulations that implement federal law and protect the public from unqualified individuals in regulated activities. This broad grant of authority encompasses the regulation regarding regulatory flexibility for small businesses, as it aligns with the Director's duty to create regulations that ensure compliance and safeguard public interests while considering the operational realities of small entities. The legal significance of this authorization relationship is that it allows the Department to adapt its regulatory framework to support small businesses, thereby fulfilling its mandate to protect public safety while promoting fair regulatory practices.

ADDITIONAL AUTHORITY § 2.2-4017

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4017. Periodic review of regulations Each Governor shall mandate through executive order a proc...

DEFINITION § 2.2-4007.1

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.1. Regulatory flexibility for small businesses; periodic review of regulations A. As used ...

Explicit Statutory Citations

REFERENCE § 2.2-4007.1

Citation text: "§ 2.2-4007.1"

Total: 1 citation to 1 unique statute

Provision 3

"B. A periodic review may be conducted separately or in conjunction with other re..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the chapter's provisions, including the power to promulgate regulations that implement federal law and protect the public from unqualified individuals. This broad grant of authority allows for GENERAL_DELEGATION because the regulation regarding periodic reviews is a necessary mechanism to ensure ongoing compliance and effectiveness of the regulatory framework established by the statute. The legal significance of this authorization relationship is that it empowers the agency to take proactive measures in maintaining the integrity of the regulated activities, thereby fulfilling its mandate to protect the public.

ADDITIONAL AUTHORITY § 2.2-4017

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4017. Periodic review of regulations Each Governor shall mandate through executive order a proc...

DEFINITION § 2.2-4007.1

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.1. Regulatory flexibility for small businesses; periodic review of regulations A. As used ...

Provision 4

"C. Notice of a periodic review shall be posted on the Town Hall and published in..."

General Delegation

AUTHORIZING STATUTE § 54.1-831

ANALYSIS

§ 54.1-831 specifically grants the Department the authority to administer and enforce the provisions of the chapter, as well as the power to promulgate regulations that implement federal law and protect the public. This broad grant of authority allows for the establishment of regulations, such as the requirement for notice of periodic reviews, which serves to ensure transparency and public awareness in the regulatory process. The legal significance of this authorization relationship is that it empowers the Department to create necessary procedural regulations under the umbrella of its overarching mandate to protect the public and uphold regulatory standards.

ADDITIONAL AUTHORITY § 2.2-4017

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4017. Periodic review of regulations Each Governor shall mandate through executive order a proc...

DEFINITION § 2.2-4007.1

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 2. Regulations › § 2.2-4007.1. Regulatory flexibility for small businesses; periodic review of regulations A. As used ...

Regulations Governing Polygraph Examiners

18VAC120-30-10

Express

General

Overreach

Unauthorized

Requirements

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Advisory board" or "board" means the Polygraph Examiner's Advisory Board. "Polygraph examination" means the entire period of contact between a licensee and an examiner. "Polygraph test" means the part of the polygraph examination during which the examinee is connected to a polygraph instrument which is continuously recording the examinee's reactions to questions. "Reciprocity" means any individual holding a current license in another jurisdiction may obtain a Virginia polygraph examiners license provided the requirements and standards under which the license was issued are substantially equivalent to those established in this chapter and the individual meets all other board requirements for licensure in Virginia. "Reinstatement" means having a license restored to effectiveness after the expiration date on the license has passed.¹ When a licensee fails to renew his license within one calendar month after its expiration date, the licensee is required to apply for reinstatement of the license.² Six months after the expiration date on the license, reinstatement is no longer possible and the applicant must reapply and requalify for licensure. "Relevant question" means a question asked of an examinee during a polygraph test which concerns an issue identified to the examinee during the pretest and which is to be reported by the licensee to any other person. "Renewal" means continuing the effectiveness of a license for another period of time.³

Provision-Level Authorization Analysis

Provision 1

"The following words and terms, when used in this chapter, shall have the followi..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the establishment of definitions and terms relevant to the chapter, such as those pertaining to the "Advisory board" and "Polygraph examination," which are essential for clarity and effective implementation of the regulatory framework. The legal significance of this authorization relationship is that it enables the Department to create detailed regulations that facilitate compliance and enforcement, ensuring that the statutory objectives are met while maintaining flexibility in administration.

Provision 2

"When a licensee fails to renew his license within one calendar month after its e..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation regarding license renewal and reinstatement, as it falls within the scope of ensuring compliance with licensing requirements and maintaining the integrity of the regulatory framework. The legal significance of this authorization relationship is that it allows the Department to implement necessary procedures for license management, thereby facilitating effective regulation and oversight of licensees.

Discretionary Requirements

1 Discretionary Requirements Identified

"is required to" (licensee)

When a licensee fails to renew his license within one calendar month after its expiration date, the licensee is required to apply for reinstatement of the license.

Action: apply for reinstatement of the license

Conditions: fails to renew his license within one calendar month after its expiration date

Provision 3

"Six months after the expiration date on the license, reinstatement is no longer ..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the establishment of regulations that detail the processes and requirements for licensure, such as the stipulation that reinstatement is not possible after six months post-expiration, which aligns with the need for clarity and structure in regulatory practices. The legal significance of this authorization relationship is that it enables the agency to implement specific regulatory provisions that ensure compliance and maintain the integrity of the licensing process without exceeding the scope of its delegated powers.

Discretionary Requirements

1 Discretionary Requirements Identified

"must" (applicant)

the applicant must reapply and requalify for licensure

Action: reapply and requalify for licensure

Conditions: Six months after the expiration date on the license

Regulations Governing Polygraph Examiners

18VAC120-30-20

Express

General

Overreach

Unauthorized

Requirements

Each reference in this chapter to a person shall be deemed to refer, as appropriate, to the masculine and the feminine, to the singular and the plural, and to natural persons and organizations.¹

Provision-Level Authorization Analysis

Provision 1

"Each reference in this chapter to a person shall be deemed to refer, as appropri..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter's provisions and empowers the Director to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the regulation to establish inclusive language that applies universally to individuals and entities, thereby facilitating clarity and consistency in interpretation across the chapter. The legal significance of this authorization relationship is that it enables the agency to implement regulations that ensure equitable application of the law, reflecting the intent of the statute to govern a diverse range of applicants and licensees.

Regulations Governing Polygraph Examiners

18VAC120-30-30

Express

General

Overreach

Unauthorized

Requirements

A. The Polygraph Examiners Advisory Board, consisting of eight members appointed by the director, shall exercise the authority delegated by the director consistent with § 2.2-2100 A of the Code of Virginia and advise the department on any matters relating to the practice of polygraphy and the licensure of polygraph examiners in the Commonwealth of Virginia.¹ B. The advisory board shall be composed of three Virginia licensed polygraph examiners employed by law enforcement agencies of the Commonwealth, or any of its political subdivisions; three Virginia licensed polygraph examiners employed in private industry; and two citizen members as defined in §§ 54.1-107 and 54.1-200 of the Code of Virginia. All members must be residents of the Commonwealth of Virginia.² C. Each member shall serve a four-year term. No member shall serve more than two consecutive four-year terms.³

Provision-Level Authorization Analysis

Provision 1

"A. The Polygraph Examiners Advisory Board, consisting of eight members appointed..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate necessary regulations and conduct investigations related to licensure. This broad grant of authority allows for the establishment of an advisory board, as outlined in the regulation, to exercise delegated authority and provide guidance on matters related to the practice of polygraphy. The legal significance of this authorization relationship is that it enables the Department to effectively manage and oversee the regulatory framework while allowing the advisory board to contribute specialized knowledge and advice, thereby ensuring compliance with the statutory mandates.

EXCEPTION § 54.1-200

Title 54.1. Professions and Occupations › Subtitle II. Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards within the Department › Chapter 2. General Provisions › § 54.1-200. Composition of regulatory boards A regulatory board established to...

ADDITIONAL AUTHORITY § 2.2-2100

Title 2.2. Administration of Government › Subtitle I. Organization of State Government › Part D. State Authorities, Boards, Commissions, Councils, Foundations and Other Collegial Bodies › Chapter 21. General Provisions › § 2.2-2100. Classification of executive branch boards, commissions and councils...

EXCEPTION § 54.1-107

Title 54.1. Professions and Occupations › Subtitle I. General Provisions Relating to Regulatory Boards › Chapter 1. General Provisions › § 54.1-107. Appointments, terms and removal of members of regulatory boards; citizen members All members of regulatory boards shall be citizens of the United State...

Explicit Statutory Citations

MULTIPLE CITATIONS § 2.2-2100

Citation text: "§ 2.2-2100"

✓ Suggests authorization

Total: 1 citation to 1 unique statute

Provision 2

"B. The advisory board shall be composed of three Virginia licensed polygraph exa..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate necessary regulations for reasonable administration. This broad grant of authority encompasses the regulation regarding the composition of the advisory board, as it falls within the scope of creating necessary operational structures to fulfill the Department's regulatory duties. The legal significance of this authorization relationship is that it allows the Department to establish and manage advisory boards, thereby facilitating effective oversight and implementation of licensing and compliance processes.

EXCEPTION § 54.1-200

ADDITIONAL AUTHORITY § 2.2-2100

EXCEPTION § 54.1-107

Explicit Statutory Citations

MULTIPLE CITATIONS § 54.1-107

Citation text: "§§ 54.1-107"

MULTIPLE CITATIONS § 54.1-107

Citation text: "§§ 54.1-107 and 54.1-200"

MULTIPLE CITATIONS § 54.1-200

Citation text: "§§ 54.1-107 and 54.1-200"

Total: 3 citations to 2 unique statutes

Discretionary Requirements

1 Discretionary Requirements Identified

"must" (the members of the advisory board)

All members must be residents of the Commonwealth of Virginia.

Action: be residents of the Commonwealth of Virginia

Provision 3

"C. Each member shall serve a four-year term. No member shall serve more than two..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter's provisions, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the establishment of terms of service for members, as it falls within the scope of reasonable administration necessary for the effective functioning of the regulatory board. The legal significance of this relationship is that it enables the Department to create and enforce regulations that ensure consistent governance and operational efficiency within the regulatory framework.

EXCEPTION § 54.1-200

ADDITIONAL AUTHORITY § 2.2-2100

EXCEPTION § 54.1-107

Discretionary Requirements

2 Discretionary Requirements Identified

"shall" (members)

Each member shall serve a four-year term.

Action: serve a four-year term

"shall not" (members)

No member shall serve more than two consecutive four-year terms.

Action: not serve more than two consecutive four-year terms

Conditions: consecutive terms

Regulations Governing Polygraph Examiners

18VAC120-30-40

Express

General

Overreach

Unauthorized

Requirements

A. Every applicant to the board for a license shall provide information on his application establishing that: 1. The applicant is at least 18 years old.¹ 2. The applicant is in good standing as a licensed polygraph examiner in every jurisdiction where licensed. The applicant must disclose if he has had a license as a polygraph examiner which was suspended, revoked, or surrendered in connection with a disciplinary action or which has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia. At the time of application for licensure, the applicant must also disclose any disciplinary action taken in another jurisdiction in connection with the applicant's practice as a polygraph examiner and whether he has been previously licensed in Virginia as a polygraph examiner.² 3. The applicant is fit and suited to engage in the profession of polygraphy. The applicant must disclose if he has been convicted in any jurisdiction of a felony or misdemeanor involving lying, cheating, stealing, sexual offense, non-marijuana drug distribution, physical injury, or relating to the practice of the profession. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction authenticated in such form as to be admissible in the evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction.³ 4. The applicant has disclosed the applicant's physical address. A post office box is not acceptable.⁴ 5. The nonresident applicant for a license has filed and maintained with the department an irrevocable consent for the department to serve as a service agent for all actions filed in any court in this Commonwealth.⁵ 6. The applicant has signed, as part of the application, a statement certifying that the applicant has read and understands the Virginia polygraph examiner's license law and regulations.⁶ 7. The applicant has submitted an application, provided by the department, which shall include criminal history record information from the Central Criminal Records Exchange, with a report date within 30 days of the date the application is received by the department.⁷ B. The department may (i) make further inquiries and investigations with respect to the qualifications of the applicant, (ii) require a personal interview with the applicant, or (iii) both.⁸ C. The applicant shall pass all parts of the polygraph examiners licensing examination approved by the department within one year from examination approval in order to be eligible for a polygraph examiners license.⁹

Provision-Level Authorization Analysis

Provision 1

"A. Every applicant to the board for a license shall provide information on his a..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for its reasonable administration. This broad grant of authority encompasses the regulation requiring applicants to provide proof of age, as it is a necessary criterion for determining suitability for licensure under the Department's regulatory responsibilities. The legal significance of this authorization relationship is that it allows the Department to establish specific requirements, such as age verification, which are essential for ensuring compliance with the licensing standards set forth in the statute.

Discretionary Requirements

2 Discretionary Requirements Identified

"shall" (applicants)

Every applicant to the board for a license shall provide information on his application establishing that:

Action: provide information on their application establishing that they are at least 18 years old

"implied requirement" (applicants)

The applicant is at least 18 years old.

Action: demonstrate or establish that they are at least 18 years old

Provision 2

"2. The applicant is in good standing as a licensed polygraph examiner in every j..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate necessary regulations for its reasonable administration. This broad language allows for the establishment of regulations that ensure applicants meet specific criteria, such as being in good standing as licensed polygraph examiners, which aligns with the Department's duty to assess the suitability of applicants. The legal significance of this authorization relationship is that it empowers the Department to create detailed requirements that support the overarching goals of the statute, ensuring compliance and maintaining professional standards within the field.

Discretionary Requirements

2 Discretionary Requirements Identified

"must" (applicant)

The applicant must disclose if he has had a license as a polygraph examiner which was suspended, revoked, or surrendered in connection with a disciplinary action or which has been the subject of disci...

Action: disclose license suspensions, revocations, surrenders, or disciplinary actions in any jurisdiction prior to applying for licensure in Virginia

Conditions: prior to applying for licensure in Virginia

"must" (applicant)

At the time of application for licensure, the applicant must also disclose any disciplinary action taken in another jurisdiction in connection with the applicant's practice as a polygraph examiner and...

Action: disclose any disciplinary action taken in another jurisdiction related to practice as a polygraph examiner and disclose previous licensure in Virginia

Conditions: at the time of application for licensure

Provision 3

"3. The applicant is fit and suited to engage in the profession of polygraphy. Th..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation requiring applicants to disclose criminal convictions, as it is a necessary measure to determine the suitability of applicants for licensure in the profession of polygraphy. The legal significance of this authorization relationship is that it allows the Department to establish specific criteria for licensure, ensuring that only qualified individuals engage in the profession, thereby protecting public interest.

Discretionary Requirements

1 Discretionary Requirements Identified

"must" (applicant)

The applicant must disclose if he has been convicted in any jurisdiction of a felony or misdemeanor involving lying, cheating, stealing, sexual offense, non-marijuana drug distribution, physical injur...

Action: disclose convictions of specified crimes

Provision 4

"4. The applicant has disclosed the applicant's physical address. A post office b..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation requiring applicants to disclose their physical address, as it is a reasonable measure to ensure compliance with licensure standards and facilitate effective administration. The legal significance of this authorization relationship is that it allows the Department to implement necessary regulations under a GENERAL_DELEGATION framework, ensuring that the regulatory process aligns with the statutory mandate for oversight and enforcement.

Discretionary Requirements

2 Discretionary Requirements Identified

"has disclosed" (applicant)

The applicant has disclosed the applicant's physical address.

Action: disclose the applicant's physical address

"may not" (applicant)

A post office box is not acceptable.

Action: use a physical address instead of a post office box

Provision 5

"5. The nonresident applicant for a license has filed and maintained with the dep..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the establishment of requirements, such as the irrevocable consent for service as a service agent, which is essential for ensuring compliance and facilitating legal processes involving nonresident applicants. The legal significance of this authorization relationship is that it empowers the Department to create regulations that support the effective enforcement of licensure requirements, thereby enhancing the regulatory framework and protecting public interests.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (nonresident applicant for a license)

The nonresident applicant for a license has filed and maintained with the department an irrevocable consent for the department to serve as a service agent for all actions filed in any court in this Co...

Action: file and maintain an irrevocable consent with the department

Provision 6

"6. The applicant has signed, as part of the application, a statement certifying ..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows the regulation requiring applicants to certify their understanding of the licensing law and regulations to fall under GENERAL_DELEGATION, as it is a reasonable measure to ensure compliance and understanding of the regulatory framework. The legal significance of this authorization relationship is that it empowers the Department to implement necessary procedural safeguards that support the integrity of the licensing process without requiring specific legislative approval for each regulation.

Provision 7

"7. The applicant has submitted an application, provided by the department, which..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration and to conduct investigations related to licensure. This broad grant of authority encompasses the regulation requiring applicants to submit criminal history record information, as it is a necessary component for assessing the suitability of applicants and ensuring compliance with the chapter's provisions. The legal significance of this authorization relationship is that it allows the Department to establish specific requirements that support its regulatory responsibilities, ensuring that the licensing process is thorough and aligned with the statutory intent.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (applicant)

The applicant has submitted an application, provided by the department, which shall include criminal history record information from the Central Criminal Records Exchange, with a report date within 30...

Action: submit an application that includes criminal history record information from the Central Criminal Records Exchange with a report date within 30 days o...

Conditions: application is submitted

Provision 8

"B. The department may (i) make further inquiries and investigations with respect..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for its reasonable administration. This broad grant of authority allows the Department to establish regulations that facilitate inquiries and investigations into the qualifications of applicants, thereby aligning with the statutory mandate to ensure compliance and suitability for licensure. The legal significance of this authorization relationship is that it empowers the Department to implement necessary procedures that support its regulatory functions, ensuring that the licensing process is thorough and effective.

Provision 9

"C. The applicant shall pass all parts of the polygraph examiners licensing exami..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter's provisions, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows the Department to establish requirements, such as the necessity for applicants to pass all parts of the polygraph examiners licensing examination, as it directly relates to ensuring compliance and suitability for licensure. The legal significance of this authorization relationship is that it enables the Department to create detailed regulations that operationalize the statutory framework, ensuring effective regulation and oversight of the licensing process.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (applicant)

The applicant shall pass all parts of the polygraph examiners licensing examination approved by the department within one year from examination approval in order to be eligible for a polygraph examine...

Action: pass all parts of the polygraph examiners licensing examination approved by the department within one year from examination approval

Conditions: in order to be eligible for a polygraph examiners license

Regulations Governing Polygraph Examiners

18VAC120-30-50

Express

General

Overreach

Unauthorized

Requirements

A. A polygraph examiner intern registration shall be issued to applicants who fulfill the requirements of 18VAC120-30-40 and the following: 1. The applicant has met the experience requirements by having a high school diploma or its equivalent and a minimum of five years experience as an investigator or detective, or in a field acceptable to the department that demonstrates the ability to practice polygraphy. a. The applicant will be credited two years of the five years of experience required in subdivision 1 of this subsection if he has an associate degree from an accredited college or university. b. The applicant will be credited all five years of experience required in subdivision 1 of this subsection if he has a bachelor's degree from an accredited college or university.¹ 2. The applicant has met the education requirements by either completing the required training in detection of deception at a polygraph school approved by the department, or by submitting evidence of satisfactory completion of substantially equivalent training if the polygraph school at which the applicant received the training in the detection of deception is not approved by the department.² B. An intern registration shall be valid for 12 months from the date of issue as indicated on the registration.³ C. Each intern shall be supervised by a licensed polygraph examiner who meets the qualifications in 18VAC120-30-60 .⁴ D. A polygraph intern may apply for an extension of a polygraph intern registration after the expiration of the initial intern registration for no more than one year by submitting the fee referenced in 18VAC120-30-100 . Additional extensions will be allowed if the individual repeats the education requirements set forth in subdivision A 2 of 18VAC120-30-50 .⁵

Provision-Level Authorization Analysis

Provision 1

"A. A polygraph examiner intern registration shall be issued to applicants who fu..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows the Department to establish specific requirements, such as the experience criteria for polygraph examiner intern registration, which aligns with the overarching goal of ensuring suitability for licensure. The legal significance of this authorization relationship is that it enables the Department to create detailed regulations that support the effective implementation of the statutory framework, ensuring compliance and maintaining standards within the profession.

Discretionary Requirements

3 Discretionary Requirements Identified

"has met" (applicants)

The applicant has met the experience requirements by having a high school diploma or its equivalent and a minimum of five years experience as an investigator or detective, or in a field acceptable to ...

Action: meet the experience requirements

Conditions: having a high school diploma or its equivalent, minimum of five years experience as an investigator or detective, or in a field acceptable to the department that demonstrates the ability to practice polygraphy

"will be credited" (applicants)

The applicant will be credited two years of the five years of experience required in subdivision 1 of this subsection if he has an associate degree from an accredited college or university.

Action: be credited two years of the five years of experience

Conditions: if he has an associate degree from an accredited college or university, References other regulatory requirements

"will be credited" (applicants)

The applicant will be credited all five years of experience required in subdivision 1 of this subsection if he has a bachelor's degree from an accredited college or university.

Action: be credited all five years of experience

Conditions: if he has a bachelor's degree from an accredited college or university, References other regulatory requirements

Provision 2

"2. The applicant has met the education requirements by either completing the req..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation concerning education requirements for applicants, as it falls within the necessary regulations for licensure and compliance as outlined in the statute. The legal significance of this authorization relationship is that it allows the Department to establish specific criteria for licensure, ensuring that applicants meet the necessary qualifications as determined by the regulatory framework.

Discretionary Requirements

1 Discretionary Requirements Identified

"may" (applicant)

The applicant has met the education requirements by either completing the required training in detection of deception at a polygraph school approved by the department, or by submitting evidence of sat...

Action: meet the education requirements by completing approved training or submitting evidence of equivalent training

Conditions: if the applicant's training was not at an approved polygraph school

Provision 3

"B. An intern registration shall be valid for 12 months from the date of issue as..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the establishment of specific requirements, such as the duration of intern registrations, under the umbrella of reasonable administration without needing to specify each detail in the statute itself. The legal significance of this authorization relationship is that it enables the Department to create and enforce regulations that operationalize the statutory framework, ensuring effective oversight and compliance within the licensing process.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (intern registration holder)

An intern registration shall be valid for 12 months from the date of issue as indicated on the registration.

Action: maintain a valid registration for 12 months from the date of issue

Conditions: from the date of issue as indicated on the registration

Provision 4

"C. Each intern shall be supervised by a licensed polygraph examiner who meets th..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the establishment of regulations that ensure proper supervision and qualifications of interns, which is essential for the integrity of the licensing process. The legal significance of this authorization relationship is that it provides the Department with the flexibility to implement necessary oversight measures while ensuring compliance with the overarching statutory framework.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (intern)

Each intern shall be supervised by a licensed polygraph examiner who meets the qualifications in 18VAC120-30-60.

Action: be supervised by a licensed polygraph examiner who meets the qualifications in 18VAC120-30-60

Conditions: References other regulatory requirements

Provision 5

"D. A polygraph intern may apply for an extension of a polygraph intern registrat..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration and to charge fees related to licensure. This broad grant of authority encompasses the regulation regarding the extension of a polygraph intern registration because it involves the administration of licensure processes, including the application for extensions and the associated fees. The legal significance of this authorization relationship is that it allows the Department to establish specific procedures and requirements for licensure, ensuring compliance with the overarching statutory framework.

Discretionary Requirements

2 Discretionary Requirements Identified

"may" (polygraph intern)

A polygraph intern may apply for an extension of a polygraph intern registration after the expiration of the initial intern registration for no more than one year by submitting the fee referenced in 1...

Action: apply for an extension of the polygraph intern registration

Conditions: after the expiration of the initial intern registration, for no more than one year...

"will be allowed" (individual holding the polygraph intern registration)

Additional extensions will be allowed if the individual repeats the education requirements set forth in subdivision A 2 of 18VAC120-30-50.

Action: obtain additional extensions

Conditions: if the individual repeats the education requirements set forth in subdivision A 2 of 18VAC120-30-50, References other regulatory requirements

Regulations Governing Polygraph Examiners

18VAC120-30-55

Express

General

Overreach

Unauthorized

Requirements

A. A polygraph examiner license shall be issued to applicants who fulfill the requirements of 18VAC120-30-40 , 18VAC120-30-50 , and subsections B and C of this section:¹ B. The applicant shall have completed six months as a registered intern examiner under the personal and direct on-premise supervision of an examiner qualified under 18VAC120-30-60 who shall supervise each and every polygraph examination administered by the intern. The internship need not be accomplished in Virginia. However, any internship conducted outside of Virginia must comply fully with this regulation. An intern shall not be eligible to sit for the license examination until the intern's supervisor has submitted to the department a written statement that the internship has been satisfactorily completed. The department may waive the internship for any person who practiced polygraphy in a federal jurisdiction or the United States Military.² C. Upon submission of the completed application and fee, the applicant will be considered for the examination required by 18VAC120-30-110 . Upon passing such examination, the applicant shall be granted his polygraph examiners license provided the applicant is otherwise qualified.³

Provision-Level Authorization Analysis

Provision 1

"A. A polygraph examiner license shall be issued to applicants who fulfill the re..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate necessary regulations for reasonable administration. This broad grant of authority allows for GENERAL_DELEGATION because it enables the Director to establish specific licensing requirements, such as those outlined in the regulation regarding the issuance of polygraph examiner licenses based on fulfillment of certain criteria. The legal significance of this authorization relationship is that it empowers the agency to create detailed regulations that ensure the effective implementation of the statutory framework, thereby facilitating the regulation of licensure in a manner consistent with legislative intent.

Provision 2

"B. The applicant shall have completed six months as a registered intern examiner..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter's provisions, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the establishment of specific requirements, such as the completion of an internship under qualified supervision, as it aligns with the Director's duty to ensure compliance and suitability for licensure. The legal significance of this authorization relationship is that it empowers the Department to create detailed regulations that support the overarching statutory framework, ensuring effective oversight and regulation of the profession.

Discretionary Requirements

2 Discretionary Requirements Identified

"shall" (applicant)

The applicant shall have completed six months as a registered intern examiner under the personal and direct on-premise supervision of an examiner qualified under 18VAC120-30-60

Action: complete six months as a registered intern examiner under supervision

Conditions: References other regulatory requirements

"shall not" (intern)

An intern shall not be eligible to sit for the license examination until the intern's supervisor has submitted to the department a written statement that the internship has been satisfactorily complet...

Action: be eligible to sit for the license examination

Conditions: until the supervisor submits a written statement of satisfactory internship completion

Provision 3

"C. Upon submission of the completed application and fee, the applicant will be c..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration and to conduct investigations regarding licensure. This broad grant of authority encompasses the regulation, as it establishes a process for applicants to be considered for licensure based on their qualifications and examination results, aligning with the Department's duty to ensure compliance with applicable statutes and regulations. The legal significance of this authorization relationship is that it allows the Department to implement detailed procedures within the framework established by the statute, thereby facilitating effective regulation and oversight of the licensing process.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (applicant)

the applicant shall be granted his polygraph examiners license provided the applicant is otherwise qualified

Action: be granted his polygraph examiners license

Conditions: the applicant is otherwise qualified

Regulations Governing Polygraph Examiners

18VAC120-30-60

Express

General

Overreach

Unauthorized

Requirements

Each supervisor for a registered intern examiner shall be currently licensed and have held a valid Virginia examiner's license for three years or submit evidence satisfactory to the department that he has qualifications that are substantially equivalent to those required herein.¹

Provision-Level Authorization Analysis

Provision 1

"Each supervisor for a registered intern examiner shall be currently licensed and..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for its reasonable administration. This broad grant of authority allows the regulation to establish specific qualifications for supervisors of registered intern examiners, as it falls within the scope of ensuring compliance and suitability of applicants for licensure. The legal significance of this authorization relationship is that it empowers the Department to create detailed regulations that support the overarching goals of the statute, thereby facilitating effective oversight and enforcement of licensure standards.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (supervisors for registered intern examiners)

Action: be currently licensed and have held a valid Virginia examiner's license for three years or submit evidence satisfactory to the department that they ha...

Regulations Governing Polygraph Examiners

18VAC120-30-270

Express

General

Overreach

Unauthorized

Requirements

A. There must be one type of polygraph instrument per three students in the course.¹ B. To receive approval, the institution must offer a minimum of 240 hours of instruction, unless the school has obtained approval from the department for less than the minimum hours of course instruction. The following subject areas must be included in the school's curriculum: 1. Polygraph theory;² 2. Examination techniques and question formulation;³ 3. Polygraph interrogation;⁴ 4. Case observation;⁵ 5. Polygraph case practice;⁶ 6. Chart interpretation;⁷ 7. Legal aspects of polygraph examination;⁸ 8. Physiological aspects of polygraphy;⁹ 9. Psychological aspects of polygraphy;¹⁰ 10. Instrumentation;¹¹ 11. History of polygraph;¹² 12. Reviews and examinations;¹³ 13. Ethics as it relates to polygraphy.¹⁴ C. Out-of-state schools seeking approval of their curriculum which has been approved by their state must have the appropriate regulatory agency of their state certify such approval to the department.¹⁵

Provision-Level Authorization Analysis

Provision 1

"A. There must be one type of polygraph instrument per three students in the cou..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the establishment of specific operational requirements, such as the regulation mandating one type of polygraph instrument per three students, as it falls within the scope of ensuring compliance and suitability in the educational context. The legal significance of this authorization relationship is that it empowers the Department to create detailed regulations that facilitate effective oversight and administration of licensure standards, thereby promoting public safety and professional integrity.

Discretionary Requirements

1 Discretionary Requirements Identified

"must" (educational institutions or course providers)

There must be one type of polygraph instrument per three students in the course.

Action: provide or ensure the availability of one type of polygraph instrument for every three students in the course

Provision 2

"B. To receive approval, the institution must offer a minimum of 240 hours of ins..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation's requirement for a minimum number of instructional hours and curriculum content, as it falls within the scope of reasonable administration of licensure standards. The legal significance of this authorization relationship is that it allows the Department to set specific educational requirements for institutions, ensuring compliance with the overarching regulatory framework established by the statute.

Discretionary Requirements

1 Discretionary Requirements Identified

"must" (institution)

To receive approval, the institution must offer a minimum of 240 hours of instruction, unless the school has obtained approval from the department for less than the minimum hours of course instruction...

Action: offer a minimum of 240 hours of instruction

Conditions: unless the school has obtained approval from the department for less than the minimum hours of course instruction

Provision 3

"2. Examination techniques and question formulation;"

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation regarding examination techniques and question formulation, as it falls within the necessary regulations for the administration of licensure processes. The legal significance of this authorization relationship is that it allows for flexibility in the implementation of regulatory measures that support the overall objectives of the statutory framework without requiring further legislative action.

Provision 4

"3. Polygraph interrogation;"

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration in accordance with the Administrative Process Act. This broad grant of authority allows the regulation concerning polygraph interrogation to fall under GENERAL_DELEGATION, as it is a necessary component for the effective enforcement of licensure standards and compliance investigations outlined in the statute. The legal significance of this authorization relationship is that it empowers the agency to create specific regulations that facilitate the implementation of the statutory framework, ensuring that the regulatory environment remains adaptable and responsive to the needs of licensure and enforcement.

Provision 5

"4. Case observation;"

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, empowering the Director to promulgate regulations necessary for reasonable administration in accordance with the Administrative Process Act. This broad grant of authority allows for the establishment of regulations that facilitate the oversight and evaluation of licensure applicants, which includes requirements such as case observation to ensure compliance and suitability. The legal significance of this authorization relationship is that it enables the Department to implement necessary regulatory measures that support the overarching goals of public safety and professional accountability within the licensing framework.

Provision 6

"5. Polygraph case practice;"

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for its reasonable administration. This broad grant of authority allows for GENERAL_DELEGATION because it encompasses the ability to create regulations that address specific practices, such as polygraph case practice, which are essential for the effective enforcement of the chapter. The legal significance of this authorization relationship is that it empowers the Department to establish detailed regulations that ensure compliance and maintain standards within the profession, thereby fulfilling its regulatory responsibilities.

Provision 7

"6. Chart interpretation;"

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses a wide range of regulatory activities, including those related to chart interpretation, as it falls within the necessary regulations for the administration of licensure and compliance. The legal significance of this authorization relationship is that it allows the Department to establish regulations that facilitate effective oversight and ensure that practitioners meet the required standards for licensure and practice.

Provision 8

"7. Legal aspects of polygraph examination;"

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter's provisions, empowering the Director to promulgate regulations necessary for reasonable administration in accordance with the Administrative Process Act. This broad grant of authority allows for the establishment of regulations that address various aspects of the regulatory framework, including the legal aspects of polygraph examinations, which fall under the Director's duty to ensure compliance and suitability of applicants. The legal significance of this authorization relationship is that it provides the necessary flexibility for the Department to create detailed regulations that support effective enforcement and administration of the licensing process.

Provision 9

"8. Physiological aspects of polygraphy;"

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the establishment of regulations that address various aspects of the profession, such as the physiological aspects of polygraphy, which fall under the necessary administration of the chapter. The legal significance of this authorization relationship is that it enables the Department to create regulations that ensure compliance and suitability within the field, thereby supporting the overall regulatory framework established by the statute.

Provision 10

"9. Psychological aspects of polygraphy;"

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the establishment of regulations that address various aspects of the field, such as the psychological aspects of polygraphy, which fall under the Department's responsibility to ensure compliance and suitability of applicants. The legal significance of this authorization relationship is that it empowers the Department to create regulations that are essential for effective oversight and regulation within the scope of its statutory mandate.

Provision 11

"10. Instrumentation;"

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for GENERAL_DELEGATION because it encompasses the ability to create regulations that ensure compliance and suitability of applicants, which aligns with the requirements outlined in the regulation regarding instrumentation. The legal significance of this authorization relationship is that it empowers the agency to implement necessary regulatory measures while maintaining oversight and ensuring adherence to the statutory framework.

Provision 12

"11. History of polygraph;"

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation concerning the history of polygraph, as it falls within the scope of necessary regulations for the administration of licensure and compliance investigations. The legal significance of this authorization relationship is that it allows the Department to create and enforce regulations that support its regulatory duties without exceeding the limits of its statutory powers.

Provision 13

"12. Reviews and examinations;"

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, empowering the Director to promulgate necessary regulations for reasonable administration in accordance with the Administrative Process Act. This broad language encompasses the regulation regarding reviews and examinations, as it falls within the scope of necessary actions to ensure compliance and suitability of applicants and licensees. The legal significance of this authorization relationship is that it allows for the establishment of detailed procedures that support the overarching regulatory framework, ensuring effective oversight and enforcement of licensure requirements.

Provision 14

"13. Ethics as it relates to polygraphy."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate necessary regulations for reasonable administration. This broad grant of authority encompasses the regulation regarding ethics as it relates to polygraphy, as it falls within the scope of necessary regulations to ensure compliance and suitability of applicants and licensees. The legal significance of this authorization relationship is that it allows the Department to establish standards and guidelines that are essential for the ethical practice of polygraphy, thereby ensuring public trust and regulatory oversight.

Provision 15

"C. Out-of-state schools seeking approval of their curriculum which has been appr..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for its reasonable administration. This broad grant of authority allows the Department to establish requirements for out-of-state schools to ensure their curricula meet the necessary standards, thereby justifying the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Department to effectively oversee and ensure compliance with educational standards, thereby protecting the integrity of the licensing process.

Discretionary Requirements

1 Discretionary Requirements Identified

"must" (out-of-state schools)

Out-of-state schools seeking approval of their curriculum which has been approved by their state must have the appropriate regulatory agency of their state certify such approval to the department.

Action: have the appropriate regulatory agency of their state certify such approval to the department

Conditions: seeking approval of their curriculum which has been approved by their state

Regulations Governing Polygraph Examiners

18VAC120-30-80

Express

General

Overreach

Unauthorized

Requirements

An individual who is currently licensed as a polygraph examiner in another jurisdiction may obtain a Virginia license provided the requirements and standards under which the license was issued are substantially equivalent to those in Virginia.¹ An individual applying for licensure by reciprocity shall have been a licensed examiner engaged in the practice of polygraphy for at least 12 consecutive months prior to application.²

Provision-Level Authorization Analysis

Provision 1

"An individual who is currently licensed as a polygraph examiner in another juris..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows the regulation concerning licensure for polygraph examiners from other jurisdictions to fall under GENERAL_DELEGATION, as it aligns with the Director's duty to establish regulations that facilitate the licensing process while ensuring compliance with applicable standards. The legal significance of this authorization relationship is that it empowers the Department to create flexible regulations that can adapt to varying licensure requirements, thereby promoting efficient administration and enforcement of the chapter's provisions.

Discretionary Requirements

1 Discretionary Requirements Identified

"may" (individuals seeking a Virginia license as a polygraph examiner)

Action: may obtain a Virginia license

Conditions: the individual is currently licensed as a polygraph examiner in another jurisdiction, the requirements and standards under which the license was issued are substantially equivalent to those in Virginia

Provision 2

"An individual applying for licensure by reciprocity shall have been a licensed e..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation concerning licensure by reciprocity, as it establishes criteria related to the qualifications of applicants, which is essential for the reasonable administration of the licensing process. The legal significance of this authorization relationship is that it allows the Department to create specific regulations that ensure the integrity and suitability of applicants, thereby fulfilling its statutory mandate without the need for a higher level of delegation.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (individual applying for licensure by reciprocity)

An individual applying for licensure by reciprocity shall have been a licensed examiner engaged in the practice of polygraphy for at least 12 consecutive months prior to application.

Action: have been a licensed examiner engaged in the practice of polygraphy for at least 12 consecutive months prior to application

Conditions: prior to application

Regulations Governing Polygraph Examiners

18VAC120-30-100

Express

General

Overreach

Unauthorized

Requirements

A. All application fees for licenses and registrations are nonrefundable and shall not be prorated. The date of receipt by the department is the date that will be used to determine whether or not the fee is on time.¹ B. Application and examination fees must be submitted with the application for licensure. All other fees are discussed in greater detail in later sections of this chapter.² C. In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the department.³ D. 1. The following fees listed in the table apply: FEE TYPE AMOUNT DUE WHEN DUE Application for Examiner's License $90 With application Application for Examiner's License by Reciprocity $190 With application Application for Intern Registration $75 With application Application for Examiner's License by Examination $200 With application Reexamination $200 With approval letter Renewal $110 Up to the expiration date on the license Reinstatement $150 From the expiration date to 24 calendar months after the expiration date on license⁴ 2. For renewal fees received on or before June 30, 2024, the fee shall be $40.⁵

Provision-Level Authorization Analysis

Provision 1

"A. All application fees for licenses and registrations are nonrefundable and sha..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation regarding nonrefundable application fees, as it directly relates to the administration of licensure processes outlined in the statute. The legal significance of this authorization relationship is that it allows the Department to establish specific operational procedures, such as fee structures, under the general authority provided by the statute, ensuring effective regulatory oversight.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall not" (applicants or entities submitting applications for licenses and registrations)

All application fees for licenses and registrations are nonrefundable and shall not be prorated.

Action: not to request refunds of application fees and not to prorate fees

Provision 2

"B. Application and examination fees must be submitted with the application for l..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for its reasonable administration. This broad grant of authority encompasses the regulation requiring application and examination fees to be submitted with the application for licensure, as it is a necessary component of the licensure process and aligns with the Director's duty to charge fees. The legal significance of this authorization relationship is that it allows the Department to establish specific requirements that facilitate the effective implementation of the statutory provisions, ensuring compliance and operational efficiency.

Discretionary Requirements

1 Discretionary Requirements Identified

"must" (applicants)

Application and examination fees must be submitted with the application for licensure.

Action: submit application and examination fees with the application for licensure

Provision 3

"C. In the event that a check, money draft, or similar instrument for payment of ..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad language allows the regulation to address specific administrative needs, such as the handling of dishonored payments, which falls under the Director's duty to ensure compliance with applicable statutes and regulations. The legal significance of this relationship is that it establishes a framework within which the Department can create detailed regulations that support the overarching statutory mandate, thereby ensuring effective governance and oversight.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (applicant or regulant)

the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the department

Action: remit fees sufficient to cover the original fee plus an additional processing charge

Conditions: when a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named

Provision 4

"D. 1. The following fees listed in the table apply: FEE TYPE AMOUNT DUE WHEN DUE..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to promulgate regulations necessary for the reasonable administration of the chapter, along with the power to charge fees for licensure applications and renewals. This broad grant of authority encompasses the regulation that establishes specific fee amounts and due dates for various licensing applications, thereby allowing for GENERAL_DELEGATION as it falls within the scope of reasonable administration and enforcement of the chapter. The legal significance of this authorization relationship is that it empowers the agency to set and adjust fees in a manner that supports its regulatory functions without requiring further legislative approval, ensuring efficient management of the licensing process.

Provision 5

"2. For renewal fees received on or before June 30, 2024, the fee shall be $40."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration and to charge fees for licensure. This broad grant of authority encompasses the regulation regarding renewal fees, as it falls within the scope of necessary actions for the administration of licensure processes outlined in the statute. The legal significance of this authorization relationship is that it allows the Department to establish specific operational details, such as fee amounts, under the general framework provided by the statute, ensuring compliance with the regulatory objectives.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (regulated entities responsible for renewal fees)

For renewal fees received on or before June 30, 2024, the fee shall be $40.

Action: charge a renewal fee of $40

Conditions: fees received on or before June 30, 2024

Regulations Governing Polygraph Examiners

18VAC120-30-110

Express

General

Overreach

Unauthorized

Requirements

All examinations required for licensure shall be approved by the advisory board and provided by the department, a testing service acting on behalf of the advisory board, or another governmental agency or organization.¹ Applicants for licensure shall pass a two-part licensing examination approved by the board, of which Part I is a written examination and Part II is an Advisory Board Evaluation.² Applicants must pass the written examination in order to sit for the advisory board evaluation.³ The applicant shall follow all the rules established by the department with regard to conduct at the examination.⁴ Such rules shall include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on the date of the examination.⁵ Failure to comply with all rules established by the department with regard to conduct at the examination shall be grounds for denial of application.⁶

Provision-Level Authorization Analysis

Provision 1

"All examinations required for licensure shall be approved by the advisory board ..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the regulation concerning the approval of examinations for licensure, as it falls within the scope of necessary regulations to ensure compliance and suitability of applicants. The legal significance of this authorization relationship is that it enables the Department to implement specific operational procedures, such as examination approval, under the general framework established by the statute, thereby ensuring effective regulatory oversight.

Provision 2

"Applicants for licensure shall pass a two-part licensing examination approved by..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation requiring applicants for licensure to pass a two-part examination, as it falls within the scope of necessary regulations for determining the suitability of applicants and ensuring compliance with licensure standards. The legal significance of this authorization relationship is that it allows the Department to establish specific requirements that support the overarching goals of the statute, thereby facilitating effective regulation and oversight of the licensing process.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (applicants for licensure)

Applicants for licensure shall pass a two-part licensing examination approved by the board, of which Part I is a written examination and Part II is an Advisory Board Evaluation.

Action: pass a two-part licensing examination

Conditions: examination is approved by the board, Part I is a written examination...

Provision 3

"Applicants must pass the written examination in order to sit for the advisory bo..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter's provisions and empowers the Director to promulgate necessary regulations for reasonable administration. This broad grant of authority allows for the establishment of requirements, such as the need for applicants to pass a written examination, as a reasonable measure to ensure compliance and suitability for licensure. The legal significance of this authorization relationship is that it enables the Department to implement specific regulatory standards that align with the overarching goals of the statute, ensuring effective oversight and regulation of the profession.

Discretionary Requirements

1 Discretionary Requirements Identified

"must" (applicants)

Applicants must pass the written examination in order to sit for the advisory board evaluation.

Action: pass the written examination

Conditions: in order to sit for the advisory board evaluation

Provision 4

"The applicant shall follow all the rules established by the department with rega..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows the Department to establish rules regarding conduct at examinations, as it falls within the scope of necessary regulations for the administration of licensure processes. The legal significance of this authorization relationship is that it enables the Department to ensure compliance and maintain standards essential for the integrity of the examination process, thereby supporting the overall regulatory framework.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (applicant)

The applicant shall follow all the rules established by the department with regard to conduct at the examination.

Action: follow all the rules established by the department with regard to conduct at the examination

Provision 5

"Such rules shall include any written instructions communicated prior to the exam..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation, as it allows for the establishment of rules regarding the communication of instructions related to the examination process, which is essential for ensuring clarity and compliance during licensure assessments. The legal significance of this authorization relationship is that it empowers the Department to create necessary guidelines that facilitate the effective implementation of the licensure process, thereby ensuring that applicants are adequately informed and prepared.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (regulated entities (those subject to the rules))

Such rules shall include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on the date of the examination.

Action: include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on ...

Provision 6

"Failure to comply with all rules established by the department with regard to co..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for its reasonable administration. The regulation concerning compliance with examination conduct falls within the broad scope of the Director's authority to establish rules that ensure the suitability of applicants and the integrity of the licensing process. This authorization relationship is legally significant as it allows the Department to set necessary standards and conditions for licensure, thereby ensuring that all applicants meet the required qualifications for professional practice.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (applicants)

Failure to comply with all rules established by the department with regard to conduct at the examination shall be grounds for denial of application.

Action: comply with all rules established by the department with regard to conduct at the examination

Regulations Governing Polygraph Examiners

18VAC120-30-120

Express

General

Overreach

Unauthorized

Requirements

Licenses issued under this chapter shall expire 24 months from the last day of the month in which the license was issued, as indicated on the license.¹

Provision-Level Authorization Analysis

Provision 1

"Licenses issued under this chapter shall expire 24 months from the last day of t..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation regarding license expiration, as it is a necessary provision for the reasonable administration of the licensing process and aligns with the Director's duties to ensure compliance and manage licensure effectively. The legal significance of this authorization relationship is that it allows for flexibility in regulatory implementation while ensuring that the Department operates within the scope of its statutory powers.

Regulations Governing Polygraph Examiners

18VAC120-30-130

Express

General

Overreach

Unauthorized

Requirements

The department will mail a renewal application form to the licensee at the last known address of department record.¹ Failure to receive this notice shall not relieve the licensee of the obligation to renew.² Prior to the expiration date shown on the license, each licensee desiring to renew his license must return to the department all required forms and the appropriate fee as referenced in 18VAC120-30-100 .³ Any licensee who fails to submit the renewal payment on or prior to the expiration date shall be required to apply for reinstatement.⁴

Provision-Level Authorization Analysis

Provision 1

"The department will mail a renewal application form to the licensee at the last ..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation requiring the department to mail a renewal application form to the licensee, as it is a necessary procedural step in the administration of licensure. The legal significance of this authorization relationship is that it allows the Department to implement efficient processes for licensure renewal, ensuring compliance with statutory requirements while maintaining regulatory oversight.

Provision 2

"Failure to receive this notice shall not relieve the licensee of the obligation ..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows for the establishment of regulations that ensure compliance with licensure requirements, such as the stipulation that failure to receive a notice does not exempt a licensee from the obligation to renew. The legal significance of this authorization relationship is that it empowers the agency to create and enforce regulations that facilitate the effective management of licensure processes, thereby supporting the overall regulatory framework established by the statute.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (licensee)

Failure to receive this notice shall not relieve the licensee of the obligation to renew.

Action: renew the license

Provision 3

"Prior to the expiration date shown on the license, each licensee desiring to ren..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration and to charge fees for licensure. This results in GENERAL_DELEGATION because the regulation requiring licensees to submit forms and fees for renewal is a necessary procedure for the reasonable administration of the licensing process as outlined in the statute. The legal significance of this authorization relationship is that it allows the Department to establish specific operational requirements that facilitate compliance with the broader statutory mandate.

Discretionary Requirements

1 Discretionary Requirements Identified

"must" (licensee)

Prior to the expiration date shown on the license, each licensee desiring to renew his license must return to the department all required forms and the appropriate fee as referenced in 18VAC120-30-100...

Action: return to the department all required forms and the appropriate fee

Conditions: prior to the expiration date shown on the license, References other regulatory requirements

Provision 4

"Any licensee who fails to submit the renewal payment on or prior to the expirati..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority encompasses the regulation regarding license renewal payments, as it falls within the Director's duty to ensure compliance with applicable statutes and regulations, thereby allowing for the establishment of specific procedures related to licensure. The legal significance of this authorization relationship is that it enables the Department to implement necessary regulatory measures to maintain the integrity of the licensing process while adhering to the overarching statutory framework.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (licensee)

Any licensee who fails to submit the renewal payment on or prior to the expiration date shall be required to apply for reinstatement.

Action: apply for reinstatement

Conditions: fails to submit the renewal payment on or prior to the expiration date

Regulations Governing Polygraph Examiners

18VAC120-30-160

Express

General

Overreach

Unauthorized

Requirements

A. Applicants for renewal of a license shall continue to meet the standards for entry as set forth in subdivisions A 2 through A 5 of 18VAC120-30-40 .¹ B. The department may deny renewal of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee has a right to appeal any such action by the department under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).² C. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall result in delaying or withholding services provided by the department, such as renewal, reinstatement, or processing of a new application; or exam administration.³

Provision-Level Authorization Analysis

Provision 1

"A. Applicants for renewal of a license shall continue to meet the standards for ..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration. This broad grant of authority allows the regulation, which requires applicants for license renewal to continue meeting established standards, to fall under GENERAL_DELEGATION as it is a necessary component for the effective enforcement and administration of the licensing process. The legal significance of this authorization relationship is that it enables the Department to ensure ongoing compliance with licensing standards, thereby maintaining the integrity and effectiveness of the regulatory framework.

ADDITIONAL AUTHORITY § 2.2-4000

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (applicants for renewal of a license)

Applicants for renewal of a license shall continue to meet the standards for entry as set forth in subdivisions A 2 through A 5 of 18VAC120-30-40.

Action: continue to meet the standards for entry as set forth in subdivisions A 2 through A 5 of 18VAC120-30-40

Conditions: References other regulatory requirements

Provision 2

"B. The department may deny renewal of a license for the same reasons as it may r..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the chapter, including the power to promulgate regulations necessary for reasonable administration and to conduct investigations related to licensure. This broad grant of authority encompasses the regulation, as it allows the Department to deny renewal of a license for reasons consistent with initial licensure criteria, thereby ensuring compliance with the statutory framework. The legal significance of this authorization relationship is that it empowers the Department to enforce standards of licensure effectively while providing a structured process for licensees to appeal decisions, thereby upholding regulatory integrity and fairness.

ADDITIONAL AUTHORITY § 2.2-4000

Explicit Statutory Citations

AUTHORIZING CITATION § 2.2-4000

Citation text: "§ 2.2-4000"

✓ Suggests authorization

AUTHORIZING CITATION § 2.2-4000

Citation text: "§ 2.2-4000 et seq."

✓ Suggests authorization

Total: 2 citations to 1 unique statute

Provision 3

"C. Failure to timely pay any monetary penalty, reimbursement of cost, or other f..."

General Delegation

AUTHORIZING STATUTE § 54.1-1802.1

The Department shall administer and enforce the provisions of this chapter. the Director shall have the powers and duties of a regulatory board as contained in § § 54.1-201 and 54.1-202 shall have the power and duty to: 1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq). charge each applicant for licensure and for renewals of licensure a nonrefundable fee conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

ANALYSIS

§ 54.1-1802.1 specifically grants the Department the authority to administer and enforce the provisions of the chapter, including the power to promulgate regulations necessary for reasonable administration and to charge fees related to licensure. This broad grant of authority allows for the regulation to establish consequences for failure to pay fees, as it falls within the scope of administering licensure processes and ensuring compliance with applicable statutes and regulations. The legal significance of this authorization relationship is that it enables the Department to enforce compliance and maintain the integrity of the licensing system through appropriate regulatory measures.

ADDITIONAL AUTHORITY § 2.2-4000

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (regulated entities (those subject to penalties, costs, or fees assessed by consent or final order))

Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall result in delaying or withholding services provided by the department, su...

Action: pay monetary penalties, reimbursement of costs, or other fees assessed by consent or final order in a timely manner

Regulations Governing Polygraph Examiners

18VAC120-30-170

Express

General

Overreach

Unauthorized

Requirements

A. Any licensee who fails to renew his license on or prior to the expiration date on the license shall be required to apply for reinstatement and submit the proper fee referenced in 18VAC120-30-100 .¹ B. Twenty-four calendar months after the expiration date on the license, reinstatement is no longer possible. To resume practice as a polygraph examiner, the former licensee must apply as a new applicant for licensure, meeting all then current entry requirements at the time of reapplication, including retaking an examination.² C. Any examiner activity conducted subsequent to the expiration of the license may constitute unlicensed activity and may be subject to prosecution under § 54.1-111 of the Code of Virginia.³

Provision-Level Authorization Analysis

Provision 1

"A. Any licensee who fails to renew his license on or prior to the expiration dat..."

General Delegation

AUTHORIZING STATUTE § 54.1-111

the Department of Professional and Occupational Regulation or the Department of Health Professions, without compliance with the Administrative Process Act (§ 2.2-4000et seq.), shall have the authority to enforce the provisions of subsection A and may institute proceedings in equity to enjoin any person, partnership, corporation or any other entity from engaging in any unlawful act enumerated in this section and to recover a civil penalty of at least $200 but not more than $5,000 per violation

ANALYSIS

§ 54.1-111 specifically grants the Department of Professional and Occupational Regulation the authority to enforce provisions related to unlawful acts and to impose civil penalties without adhering to the Administrative Process Act. This broad authority encompasses the regulation requiring licensees to apply for reinstatement and pay a fee if they fail to renew their license, as it addresses the enforcement of compliance with licensing requirements. The legal significance of this authorization relationship is that it allows the agency to implement and enforce regulatory measures efficiently, ensuring that licensees adhere to renewal processes while maintaining the ability to impose penalties for non-compliance.

ADDITIONAL AUTHORITY § 54.1-111

Title 54.1. Professions and Occupations › Subtitle I. General Provisions Relating to Regulatory Boards › Chapter 1. General Provisions › § 54.1-111. Unlawful acts; prosecution; proceedings in equity; civil penalty A. It is unlawful for any person, partnership, corporation, or other entity to engage ...

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (licensee)

Any licensee who fails to renew his license on or prior to the expiration date on the license shall be required to apply for reinstatement and submit the proper fee referenced in 18VAC120-30-100.

Action: apply for reinstatement and submit the proper fee

Conditions: fails to renew his license on or prior to the expiration date, References other regulatory requirements

Provision 2

"B. Twenty-four calendar months after the expiration date on the license, reinsta..."

General Delegation

AUTHORIZING STATUTE § 54.1-111

ANALYSIS

§ 54.1-111 specifically grants the Department of Professional and Occupational Regulation the authority to enforce provisions related to unlawful acts and to institute proceedings to enjoin such acts, as well as to impose civil penalties. This broad grant of authority encompasses the regulation by allowing the agency to establish specific conditions under which licensure may be reinstated, thus ensuring compliance with the statutory framework for regulating professional conduct. The legal significance of this authorization relationship is that it empowers the agency to create and enforce regulations that uphold the integrity of the profession while maintaining public safety, without the need for compliance with the Administrative Process Act.

ADDITIONAL AUTHORITY § 54.1-111

Discretionary Requirements

1 Discretionary Requirements Identified

"must" (former licensee)

the former licensee must apply as a new applicant for licensure, meeting all then current entry requirements at the time of reapplication, including retaking an examination

Action: apply as a new applicant for licensure, meet all then current entry requirements, including retaking an examination

Conditions: after twenty-four calendar months from the expiration date on the license

Provision 3

"C. Any examiner activity conducted subsequent to the expiration of the license m..."

General Delegation

AUTHORIZING STATUTE § 54.1-111

ANALYSIS

§ 54.1-111 specifically grants the Department of Professional and Occupational Regulation or the Department of Health Professions the authority to enforce provisions related to unlawful acts and to institute proceedings to enjoin such acts without following the Administrative Process Act. This broad grant of authority encompasses the regulation, as it addresses the consequences of engaging in activities after a license has expired, which falls under the category of unlawful acts that the statute empowers the agency to address. The legal significance of this authorization relationship is that it allows the agency to take necessary enforcement actions against unlicensed activity, ensuring compliance with professional standards and protecting public interest.

ADDITIONAL AUTHORITY § 54.1-111

Explicit Statutory Citations

AUTHORIZING CITATION § 54.1-111

Citation text: "§ 54.1-111"

✓ Suggests authorization

⚠ Contains limitations

Total: 1 citation to 1 unique statute

Regulations Governing Polygraph Examiners

18VAC120-30-180

Express

General

Overreach

Unauthorized

Requirements