Section 40. Administration of chapter

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 daily posting of water quality test results and water quality standards at public swimming pools.

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 these regulations 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 12VAC5-462-150 and (ii) his power to issue orders under § 32.1-26 of the Code of Virginia and 12VAC5-462-100.

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 the 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 VR355-35-700 § 2.3, Volume 10, Issue 20, eff. August 1, 1994.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.