Virginia Administrative Code

A. Accreditation remains in effect until withdrawn by DCLS, withdrawn voluntarily at the written request of the accredited laboratory, or expiration of the accreditation period. To maintain accreditation, the accredited laboratory shall comply with the elements listed in this sec…

A. Changes to key accreditation criteria. The accredited laboratory shall notify DCLS in writing of any changes in key accreditation criteria within 30 calendar days of the change. Key accreditation criteria are laboratory ownership (including legal, commercial, or organizational…

A. Before withdrawing accreditation, DCLS may suspend accreditation from an environmental laboratory in total or in part to allow the laboratory time to correct the reason for which DCLS may withdraw accreditation. Suspension is limited to the reasons listed in subsection B of th…

(Repealed.)

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The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Abuse" means an employer's or employee's conduct or omissions that result in substantial misuse, destruction, waste, or loss of funds or reso…

A. OSIG shall submit an annual report to the Governor and the General Assembly of Virginia summarizing the activities of the fund. B. OSIG will provide a copy of the WBPA Program annual report to the Chief of Staff to the Governor, the Secretary of Finance, and the State Comptrol…

A. OSIG is responsible for administering the WBPA Program and fund and the following tasks: 1. Notifying annually Commonwealth employees, citizens, and governmental bodies, including state agencies, of the WBPA Program and fund regulations and procedures for submitting informatio…

A. Annually, the State Inspector General will communicate with all state agency heads. The communication will: 1. Publicize the WBPA Program and fund. 2. Explain the protections afforded to individuals who report instances of wrongdoing or abuse committed within executive branch …

A. A Commonwealth employee or citizen with an allegation of wrongdoing or abuse under the WBPA Program may contact OSIG by phone, email, online complaint form, United States Postal Service, or FAX. B. OSIG staff is available to advise citizens on what to report that meets the def…

A. Allegations of wrongdoing or abuse received by OSIG undergo the hotline screening process. B. Allegations submitted by an individual who is not a Commonwealth employee or citizen will be referred to the appropriate governmental agency or organization. C. If the agency or organ…

A. OSIG will prepare a detailed written summary that describes the allegation of wrongdoing or abuse submitted through the WBPA Program. B. The hotline manager or designee will create a confidential tracking number for each case and assign it for formal investigation. C. OSIG wil…

A. OSIG will coordinate with the State Comptroller to establish a special nonreverting fund. B. The fund will be established on the books of the State Comptroller and administered by the State Inspector General. C. All moneys recovered by an OSIG investigation as a result of whis…

A. Within 10 working days, excluding state holidays and weekends, of the closing of a WBPA Program investigation that verifies a final recovery and deposit in the fund of $5,000 or more, the State Inspector General will review and certify the fund claim. Within five working days …

A. Employee protections. 1. No employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower, whether acting individually or under the direction of another individual. 2. No employer may discharge, threaten, or otherwise discriminate or retalia…

The purpose of this chapter is to promote public involvement in the development, amendment, or repeal of the regulations of the Office of the State Inspector General. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisio…

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. B. The agency may conduct one or more public hearings during the comment period following t…

A. The agency shall conduct a periodic review of its regulations consistent with the following: 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, efficien…

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia. "Agency" means the Office of the Stat…

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency. 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.…

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 1VAC42-5-30, the agency shall send the following information: 1. A notice of intended regulatory action (NOIRA). 2. A notice of the comment period on a proposed or a…

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 represen…

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action. B. A petition shall include but is not limited to the following information: 1. The petitioner's name and contact information; 2. The substance and purpose of…

A. The agency may appoint a 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 spe…

A. The agency may appoint an NRP if a regulatory action is expected to be controversial. 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. The agency determi…

Notice of any open meeting, including meetings of a RAP or an NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with…

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: "Bad Faith Assertions of Patent Infringement law" means Chapter 18.1 (§ 59.1-215.1 et seq.) of Title 59.1 of the Code of Virginia. "Law-enfor…

Any law-enforcement authority found to have used material provided by the Attorney General in a manner inconsistent with this chapter shall be required to immediately return all material provided, as well as copies thereof, and information derived therefrom. The Attorney General …

(Repealed.)

This chapter shall apply to all law-enforcement authorities that request material from the Attorney General. This chapter shall not apply to federal law-enforcement authorities or to law-enforcement authorities that represent states other than the Commonwealth.Statutory Authority…

Any law-enforcement authority may request material from the Attorney General. The request shall be in writing. The request shall state with reasonable specificity the material desired, subject matter of the investigation for which material is desired, and the specific statute tha…

Within seven days of receipt of a request for material, the Attorney General, in his discretion, shall inform the chief officer of the law-enforcement authority (i) of his refusal to disclose any material; (ii) that no such material exists; (iii) that all or part of the material …

The law-enforcement authority to which material is provided pursuant to this chapter shall designate one person to receive and act as custodian of such material. The person so designated shall be solely responsible for the material and shall certify that the material is used excl…

The law-enforcement authority and its custodian in receipt of material shall strictly maintain the confidentiality of the material. The law-enforcement authority shall use material provided pursuant to this chapter to conduct an investigation into violations of the Virginia Antit…

The law-enforcement authority and its custodian in receipt of materials shall not release material provided pursuant to this chapter, either directly or indirectly, to any person not employed by or assigned to the law-enforcement authority for purposes of enforcement of the Virgi…