Current through Register Vol. 41, No. 3, September 23, 2024
A.
General petitioning requirements. The petition shall be submitted to the
director by certified mail and shall include:
1. The petitioner's name and
address;
2. A statement of
petitioner's interest in the proposed action;
3. A description of desired action and a
citation of the regulation from which a variance is requested;
4. A description of need and justification
for the proposed action;
5. The
duration of the variance, if applicable;
6. The potential impact of the variance on
public health or the environment;
7. Other information believed by the
applicant to be pertinent; and
8.
The following statement signed by the petitioner or authorized representative:
"I certify that I have personally examined and am familiar
with the information submitted in this petition and all attached documents, and
that, based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe that the submitted information is true,
accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment."
B. Petition processing.
1. After receiving a petition that includes
the information required in
9VAC20-140-170 A, the director will
determine whether the information received is sufficient to render the
decision. If the information is deemed insufficient, the director will specify
additional information needed and request that it be furnished.
2. The petitioner may submit the additional
information requested, or may attempt to show that no reasonable basis exists
for additional information. If the director agrees that no reasonable basis
exists for the request for additional information, he will act in accordance
with 9VAC20-140-170 B 3. If the director
continues to believe that a reasonable basis exists to require the submission
of such information, he will proceed with the denial action in accordance with
the Administrative Process Act.
3.
After the petition is deemed complete:
a. The
director will make a tentative decision to grant or deny the
petition.
b. Where the petition is
tentatively denied, the director will offer the petitioner the opportunity to
withdraw the petition, submit additional information, or request the director
to proceed with the evaluation.
c.
Upon a written request of the applicant, the director may, at his discretion,
hold an informal fact-finding meeting described in § 9-6.14:11 of the
Administrative Process Act. The person requesting a hearing shall state the
issues to be raised and explain why written comments would not suffice to
communicate the person's views. The director may in any case decide on his own
motion to hold such a meeting.
d.
After evaluating all comments, the director will within 15 days after the
expiration of the comment period, notify the applicant of the final
decision.
C.
Petition resolution. If the director grants a variance request, the notice to
the petitioner shall provide that the variance may be terminated upon a finding
by the director that the petitioner has failed to comply with any variance
requirements.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
Code of Virginia.
