Regulation should rarely be a “one size fits all” process. Different considerations apply to different regulated parties. And requirements that might impose little to no burden for some citizens or businesses may be crushing to others. This week’s Modernization Highlights features two regulatory actions that tailored regulatory requirements to account for the diverse needs of regulated parties.

 

Virginia Department of Transportation eliminates over 9,000 requirements by rescinding documents incorporated by reference.

Incorporating a private standard by reference is a convenient way to refer to regulatory requirements without reprinting them in full in the regulatory code. But agencies must be careful to ensure that they specify which requirements in the incorporated documents apply to whom.

The Virginia Department of Transportation (VDOT) recently reviewed dozens of incorporated documents across its various regulations. It determined that, in many cases, those documents contained thousands of requirements, the vast majority of which would not apply to any one regulated party. VDOT therefore eliminated these incorporated documents and will instead specify requirements on a case-by-case basis through permits.

A recent action eliminating the incorporated documents relating to vegetation along highways will cut 9,353 requirements, representing 12.7% of all requirements across the entire agency.

With this change, Virginia agencies will have streamlined 24.4% of the requirements in their regulations!

 

Department of Health Professions provides additional flexibility for funeral establishments that do not perform embalming.

Most funeral establishments provide embalming services, but some do not. In particular, funeral establishments that serve clients who practice Islam or Judaism often do not provide embalming since the practice is prohibited under the tenets of both faiths.

The Department of Health Professions (DHP) recently amended a guidance document to specify that certain equipment maintenance requirements do not apply to funeral establishments that do not offer embalming. Though these requirements are important to maintaining health and safety in establishments that offer embalming, they are unnecessary in those establishments that do not.

This change eliminates a one-size-fits-all approach and instead tailors requirements based on the services that businesses actually offer. It will save money for small businesses and show proper respect for the variation in cultural practices across the Commonwealth, furthering the Youngkin Administration’s work to ensure Virginians of all backgrounds are able to practice and observe their faith and culture.