2.2-904.1 - One-stop small business permitting program.
§ 2.2-904.1. One-stop small business permitting program.
A. As used in this section:
"Business Permitting Center" or "Center" means the business registrationand permitting center established by this section and located in and underthe administrative control of the Department.
"Comprehensive application" means a document incorporating pertinent datafrom existing applications for permits covered under this section.
"Comprehensive permit" means the single document designed for publicdisplay issued by the Business Permitting Center that certifies state agencypermit approval and that incorporates the endorsements for individual permitsincluded in the comprehensive permitting program.
"Comprehensive permitting program" or "Program" means the mechanism bywhich comprehensive permits are issued and renewed, permit and regulatoryinformation is disseminated, and account data are exchanged by state agencies.
"Department" means the Department of Business Assistance or any division ofthe Department to which the Director has delegated or assigned the duties andresponsibilities of administering the comprehensive permitting program.
"Permit" means the whole or part of any state agency permit, license,certificate, approval, registration, charter, or any form or permissionrequired by law, to engage in activity associated with or involving theestablishment of a small business in the Commonwealth.
"Permit information packet" means a collection of information aboutpermitting requirements and application procedures custom assembled for eachrequest.
"Regulatory" means all permitting and other governmental or statutoryrequirements establishing a small business or professional activitiesassociated with establishing a small business.
"Regulatory agency" means any state agency, board, commission, or divisionthat regulates one or more professions, occupations, industries, businesses,or activities.
"Renewal application" means a document used to collect pertinent data forrenewal of permits covered under this section.
"Small business" means an independently owned and operated business that,together with affiliates, has 250 or fewer employees or average annual grossreceipts of $10 million or less averaged over the previous three years.
"Veteran" means an individual who has served in the active military, naval,or air service and who was discharged or released therefrom under conditionsother than dishonorable.
B. There is created within the Department the comprehensive permittingprogram (the Program). The Program is established to serve as a single accesspoint to aid entrepreneurs in filling out the various permit applicationsassociated with establishing a small business in Virginia. The Program in noway supersedes or supplants any regulatory authority granted to any stateagency with permits covered by this section. As part of the Program, theDepartment shall coordinate with the regulatory agency, and the regulatoryagency shall determine consistent with applicable law, what types of permitsare appropriate for inclusion in the Program as well as the rules governingthe submission of and payment for those permits. The website of theDepartment shall provide access to information regarding the Program. TheDepartment shall have the power and duty to:
1. Create a comprehensive application that will allow an entrepreneur, or anagent thereof, seeking to establish a small business, to create accounts thatwill allow them to acquire the appropriate permits required in theCommonwealth. The comprehensive application shall:
a. Allow the business owner to choose a business type and to provide commoninformation, such as name, address, and telephone number, on the front page,eliminating the need to repeatedly provide common information on each permitapplication;
b. Allow the business owner to preview and answer questions related to theoperation of the business;
c. Provide business owners with a customized to-do agency checklist, whichchecklist shall provide the permit applications pertinent to each businesstype and provide the rules, regulations, and general laws applicable to eachbusiness type as well as local licensing information;
d. Allow the business owner to submit permit applications by electronic meansas authorized by § 59.1-496 and to affix thereto his electronic signature asdefined in § 59.1-480;
e. Allow the business owner to check on the status of applications online andto receive information from the permitting agencies electronically; and
f. Allow a business owner to submit electronic payment for application orpermitting fees for applications that have been accepted by the permittingagency.
2. Develop and administer a computerized system program capable of storing,retrieving, and exchanging permit information, while protecting theconfidentiality of information submitted to the Department to the extentallowable by law. Information submitted to the Department shall be subject tothe provisions of the Virginia Freedom of Information Act (§ 2.2-3700 etseq.) as the same would apply were the information submitted directly to theDepartment or to any permitting agency.
3. Issue and renew comprehensive permits in an efficient manner.
4. Identify the types of permits appropriate for inclusion in the Program.The Department shall coordinate with the regulatory agency, and theregulatory agency shall determine consistent with applicable law, what typesof permits are appropriate for inclusion in the Program.
5. Incorporate permits into the Program.
6. Do all acts necessary or convenient to carry out the purposes of thischapter.
C. The Business Permitting Center shall compile information regarding theregulatory programs associated with each of the permits obtainable under theProgram. This information shall include, at a minimum, a listing of thestatutes and administrative rules requiring the permits and pertaining to theregulatory programs that are directly related to the permit. The Center shallprovide information governed by this section to any person requesting it.Materials used by the Center to describe the services provided by the Centershall indicate that this information is available upon request.
D. Each state agency shall cooperate and provide reasonable assistance to theDepartment in the implementation of this section.
E. Any person requiring permits that have been incorporated into the Programmay submit a comprehensive application to the Department requesting theissuance of the permits. The comprehensive application form shall contain inconsolidated form information necessary for the issuance of the permits.
F. The applicant, if not a veteran, shall include with the application thehandling fee established by the Department. An applicant who is a veteranshall be exempt from payment of the handling fee prescribed by thissubsection. The amount of the handling fee assessed against the applicantshall be set by the Department at a level necessary to cover the costs ofadministering the comprehensive permitting program.
G. The authority for approving the issuance and renewal of any requestedpermit that requires an investigation, inspection, testing, or otherjudgmental review by the regulatory agency otherwise legally authorized toissue the permit shall remain with that agency. The Center may issue thosepermits for which proper fee payment and a completed application form havebeen received and for which no approval action is required by the regulatoryagency.
H. Upon receipt of the application, and proper fee payment for any permit forwhich issuance is subject to regulatory agency action under subsection G, theDepartment shall immediately notify the regulatory agency with authority toapprove the permit issuance or renewal requested by the applicant. Eachregulatory agency shall advise the Department within a reasonable time afterreceiving the notice of one of the following:
1. That the regulatory agency approves the issuance of the requested permitand will advise the applicant of any specific conditions required for issuingthe permit;
2. That the regulatory agency denies the issuance of the permit and gives theapplicant reasons for the denial;
3. That the application is pending; or
4. That the application is incomplete and further information from or actionby the applicant is necessary.
I. The Department shall issue a comprehensive permit endorsed for all theapproved permits to the applicant and advise the applicant of the status ofother requested permits. The applicant shall be responsible for contestingany decision regarding conditions imposed or permits denied through thenormal process established by statute or by the regulatory agency with theauthority for approving the issuance of the permit.
J. Regulatory agencies shall be provided information from the comprehensiveapplication for their permitting and regulatory functions.
K. The Department shall be responsible for directing the applicant to makeall payments for applicable fees established by the regulatory agencydirectly to the proper agency.
L. There is hereby created in the state treasury a special nonreverting fundto be known as the Comprehensive Permitting Fund, hereafter referred to as"the Fund." The Fund shall be established on the books of the Comptroller.The Fund shall consist of all moneys collected from the handling feeestablished by the Department pursuant to subsection F and such other fundsas may be appropriated by the General Assembly. Interest earned on moneys inthe Fund shall remain in the Fund and be credited to it. Any moneys remainingin the Fund, including interest thereon, at the end of each fiscal year shallnot revert to the general fund but shall remain in the Fund. Moneys in theFund shall be used solely to administer the Program. Expenditures anddisbursements from the Fund shall be made by the State Treasurer on warrantsissued by the Comptroller upon written request signed by Director of theDepartment.
M. Unless otherwise directed by the regulatory agency, the Department shallnot issue or renew a comprehensive permit to any person under any of thefollowing circumstances:
1. The person does not have a valid tax registration, if required.
2. The person is a corporation, limited liability company, business trust,limited partnership or registered limited liability partnership that (i) isdelinquent in the payment of fees or penalties collected by the StateCorporation Commission pursuant to the business entity statutes itadministers; (ii) does not exist; or (iii) is not authorized to transactbusiness in the Commonwealth pursuant to one of the business entity statutesadministered by the State Corporation Commission.
3. The person has not submitted the sum of all fees and deposits required forthe requested individual permit endorsements, any outstanding comprehensivepermit delinquency fee, or other fees and penalties to be collected throughthe comprehensive permitting program.
N. The Department may adopt regulations in accordance with § 2.2-901 as maybe necessary to carry out the purposes of this section.
(2007, c. 706; 2010, cc. 697, 719.)