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This action by the Board of Housing and Community Development is necessary to conform to changes in Virginia statutory law (ch. 951 and 1065, 2000 Va. Acts) and no agency discretion is involved. Therefore, the amendment of the regulation is excluded from Article 2 (public participation) of the Administrative Process Act by reason of the exemption in § 9-6.14:4.1C4(a). Effective January 1, 2001, § 27-97 and 27-97.2 of the Code of Virginia require that, "The Board shall require a background investigation, to include a national criminal history record check, of all individual applicants and all designated persons representing an applicant that is not an individual, for a permit to manufacture, store, handle, use or sell explosives, and for any applicant for certification as a blaster. Each such applicant shall submit his fingerprints to the Board on a form provided by the Board and provide personal descriptive information to be forwarded along with the applicant's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining a national criminal history record check regarding such applicant. Any firm or company manufacturing, storing, using, or selling explosives shall provide to the Board or other issuing authority the name of a representative responsible for (i) ensuring compliance with state law and regulations relating to blasting agents and explosives and (ii) applying for permits. The Board or other issuing authority shall deny any application for a permit or for certification as a blaster if the applicant or designated person representing an applicant has been convicted of any felony, whether such conviction occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, unless his civil rights have been restored by the Governor or other appropriate authority."
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