3.2-408 - Guidelines to be published by Commissioner; report. - Virginia Statutes

§ 3.2-408. Guidelines to be published by Commissioner; report.

A. In consultation with the districts, the Department of Conservation andRecreation, and interested persons, the Commissioner shall develop guidelinesfor the implementation of this chapter. These guidelines shall address, amongother things, the conduct of investigations, sources of assistance for ownersand operators, and intergovernmental cooperation. Within 90 days of theeffective date of this section, the Commissioner shall submit the proposedguidelines to the Registrar of Regulations for publication in the VirginiaRegister of Regulations. At least 30 days shall be provided for publiccomment after the publication of the proposed guidelines. After the close ofthe public comment period, the Commissioner shall consider the comments thathe has received and may incorporate any changes into the guidelines that hedeems appropriate. He shall develop a written summary and analysis of thecomments, which shall be made available to the public upon request.Thereafter, the Commissioner shall submit final guidelines for publication inthe Register. The guidelines shall become effective on April 1, 1997. TheCommissioner may alter the guidelines periodically after his proposed changeshave been published in the Register and a public comment period has beenprovided.

B. The Commissioner shall compile a report by August 31 annually listing thenumber of complaints received, the nature of each complaint, the actionstaken in resolution of each complaint, and any penalties that may have beenassessed. The Commissioner shall have the discretion to exclude and keepconfidential specific information regarding ongoing investigations. TheCommissioner shall: (i) provide the report to the Board, the Department ofConservation and Recreation, and to every district; (ii) publish notice inthe Virginia Register that the report is available; and (iii) make the reportavailable to the public upon request.

(1996, c. 773, § 10.1-559.9; 2008, c. 860.)