Section 90. Administration of regulations

This chapter is administered by the following:

A. The State Board of Health, hereinafter referred to as the board, has the responsibility to promulgate, amend, and repeal regulations necessary to ensure the proper construction and location of private wells.

B. The State Health Commissioner, hereinafter referred to as the commissioner, is the chief executive officer of the State Department of Health. The commissioner has the authority to act, within the scope of regulations promulgated by the board, and for the board when it is not in session. The commissioner may delegate his powers under this chapter in writing to any subordinate, with the exception of (i) his power to issue variances under § 32.1-12 of the Code of Virginia and 12VAC5-630-170, (ii) his power to issue orders under § 32.1-26 of the Code of Virginia and 12VAC5-630-140 and 12VAC5-630-150 B and (iii) the power to revoke permits or inspection statements under 12VAC5-630-290, which may only be delegated pursuant to § 32.1-22 of the Code of Virginia.

The commissioner has final authority to adjudicate contested case decisions of subordinates delegated powers under this section prior to appeal of such case decisions to the circuit court.

C. The State Department of Health hereinafter referred to as department is designated as the primary agent of the commissioner for the purpose of administering this chapter.

D. The district or local health departments are responsible for implementing and enforcing the regulatory activities required by this chapter.

Historical Notes

Derived from VR355-34-100 § 1.9, eff. April 1, 1992.

Statutory Authority

§§ 32.1-12 and 32.1-176 of the Code of Virginia.