Section 30. Review process  


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  • Part II. Review Process

    A. Any proposed agreement between the department and the public or private entity shall consist of a Proposed Joint Venture Application Form which shall be completed by the public or private entity. The completed application form shall be submitted directly to the department, which shall then forward the application to the appropriate organizational unit for initial research and evaluation of the proposed agreement. This initial research and evaluation shall be completed in a timely manner, not to exceed 30 calendar days from the receipt of the completed application from the public or private entity.

    B. The department shall submit the proposed agreement with a submission package to the board. The submission package shall include, at a minimum:

    1. A prospectus of the public or private entity.

    2. A description of the size and scope of the proposed operation.

    3. An assessment of the project's financial viability.

    4. A recommendation for entering or not entering into the proposed agreement.

    5. Draft formal agreement papers, if the department recommends entering into the agreement.

    C. The board shall review the proposed agreement and submission package and submit the package to the director with a recommendation for entering or not entering into the agreement.

    D. The director shall evaluate the proposed agreement according to the criteria listed under 6VAC15-28-40.

    E. Upon approval by the director, any contractual documents implementing the agreement shall be forwarded to the Office of the Attorney General to ensure compliance with state statutes.

    F. The Office of the Attorney General will assure that the agreement is in compliance with state statutes. The governor shall review the agreement.

    G. Upon the governor's authorization, the director and the public or private entity may sign the agreement.

Historical Notes

Derived from VR230-01-005 § 2.1, eff. January 26, 1995; amended, Volume 27, Issue 12, eff. March 16, 2011.

Statutory Authority

§§ 53.1-5 and 53.1-45.1 of the Code of Virginia.