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Governor Mcdonnell's Regulatory Reform

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Governor Mcdonnell's Regulatory Reform GOVERNOR MCDONNELL’S REGULATORY REFORM INITIATIVE DECEMBER 20, 2013 (WITH CORRECTIONS) 1 December 20, 2013 The Honorable Robert F. McDonnell Office of the Governor Patrick Henry Building, 3rd Floor 1111 East Broad Street Richmond, Virginia 23219 Dear Governor McDonnell: On behalf of your staff, executive branch agencies, citizens and stakeholders, it is our pleasure to provide you with this report of the results of the Regulatory Reform Initiative (“RRI”). A year ago, you asked us to begin this initiative to reduce the burdens that regulations place on the citizens of Virginia. We are pleased to report this initiative has yielded significant results. As you said at the launch of this initiative: “While the regulations contained in the Virginia Administrative Code are important parts of ensuring the safety and well-being of Virginians, these regulations can sometimes also be unnecessarily burdensome on the people and job creators of the Commonwealth. Unnecessary administrative burdens hamper job creation by Virginia employers. Smart regulatory reform will produce a freer and better environment for citizens and businesses.” Through this initiative, 931 sections of state regulations have been, or are in the process of being, repealed. Additionally, executive branch agencies have pursued 110 regulatory actions, impacting 678 sections of regulations, to reduce burdens on Virginians and make our regulations easier to understand. This work could not have been completed without the guidance of former Director of Policy Development & Deputy Counselor to the Governor Jeff Palmore, the hard work and tireless efforts of Melanie K. West and the rest of the Economic and Regulatory Analysis Division at the Department of Planning and Budget, and the 29 agencies that participated in this effort. Thank you for your leadership in instituting this initiative. Sincerely, J. Jasen Eige Counselor & Senior Policy Advisor to the Governor PARTICIPATING STATE AGENCIES Office of the State Inspector General Virginia Department of General Services The Library of Virginia Virginia Department of Health The Virginia Museum of Natural History Virginia Department of Health Professions Virginia Department for the Blind and Vision Virginia Department of Housing and Impaired Community Development Virginia Department for Aging and Virginia Department of Labor and Industry Rehabilitative Services Virginia Department of Medical Assistance Virginia Department of Agriculture and Services Consumer Services Virginia Department of Mines, Minerals and Virginia Department of Alcoholic Beverage Energy Control Virginia Department of Motor Vehicles Virginia Department of Behavioral Health and Developmental Services Virginia Department of Professional and Occupational Regulation Virginia Department of Conservation and Recreation Virginia Department of Social Services Virginia Department of Criminal Justice Virginia Department of Taxation Services Virginia Department of Transportation Virginia Department of Education Virginia Marine Resources Commission Virginia Department of Environmental Quality Virginia Motor Vehicle Dealer Board Virginia Department of Forensic Science Virginia Racing Commission Virginia Department of Game and Inland Fisheries TABLE OF CONTENTS EXECUTIVE SUMMARY .......................................................................................................................................................... 1 REGULATORY REFORM INITIATIVE: OVERVIEW, TIMELINE, AND RESULTS .................................................................... 4 AGENCY RESULTS .................................................................................................................................................................. 7 OFFICE OF THE STATE INSPECTOR GENERAL .................................................................................................................. 7 THE LIBRARY OF VIRGINIA .............................................................................................................................................. 7 THE VIRGINIA MUSEUM OF NATURAL HISTORY............................................................................................................. 8 VIRGINIA DEPARTMENT FOR THE BLIND AND VISION IMPAIRED .................................................................................. 8 DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES ......................................................................................... 8 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES ...................................................................................... 10 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL .................................................................................................. 11 DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES .............................................................. 13 DEPARTMENT OF CONSERVATION AND RECREATION .................................................................................................. 13 DEPARTMENT OF CRIMINAL JUSTICE SERVICES .......................................................................................................... 15 DEPARTMENT OF EDUCATION ........................................................................................................................................ 16 DEPARTMENT OF ENVIRONMENTAL QUALITY .............................................................................................................. 17 DEPARTMENT OF FORENSIC SCIENCE ............................................................................................................................ 19 DEPARTMENT OF GAME AND INLAND FISHERIES.......................................................................................................... 21 DEPARTMENT OF GENERAL SERVICES .......................................................................................................................... 22 VIRGINIA DEPARTMENT OF HEALTH ............................................................................................................................. 23 DEPARTMENT OF HEALTH PROFESSIONS ...................................................................................................................... 25 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ................................................................................... 39 DEPARTMENT OF LABOR AND INDUSTRY ....................................................................................................................... 40 DEPARTMENT OF MEDICAL ASSISTANCE SERVICES ..................................................................................................... 41 DEPARTMENT OF MINES, MINERALS AND ENERGY ...................................................................................................... 42 DEPARTMENT OF MOTOR VEHICLES ............................................................................................................................. 42 DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION ....................................................................... 43 DEPARTMENT OF SOCIAL SERVICES .............................................................................................................................. 45 DEPARTMENT OF TAXATION ........................................................................................................................................... 45 DEPARTMENT OF TRANSPORTATION ............................................................................................................................. 46 VIRGINIA MARINE RESOURCES COMMISSION .............................................................................................................. 46 MOTOR VEHICLE DEALER BOARD ................................................................................................................................. 47 VIRGINIA RACING COMMISSION .................................................................................................................................... 47 SUMMARY OF LEGISLATION ADVOCATED UNDER THE REGULATORY REFORM INITIATIVE ........................................ 49 APPENDIX ................................................................................................................................................................................ i EXECUTIVE ORDER NUMBER FOURTEEN (2010) ............................................................................................................. ii RRI LIST OF REGULATIONS AND ACTIONS ...................................................................................................................... x EXECUTIVE SUMMARY The Virginia Administrative Code (VAC) contains over 31,000 pages of state regulations. These regulations have been promulgated by a host of state agencies, boards, authorities, councils, commissions, and universities. Virginians are affected daily by these rules. They shape many aspects of life including business, education, health, transportation, public safety, and agriculture and forestry. In recent years, the sheer number of regulations has grown excessive, and efforts have been made to simplify and streamline government and reduce unnecessary regulatory burdens. Governor Robert F. McDonnell has been a leader in these efforts. In 2006, then-Attorney General McDonnell established a Government and Regulatory Reform Task Force (Task Force). This Task Force, made up of present and former state and local government officials,
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