ASAP stands for Alcohol Safety Action Program. There are 24 ASAPs located throughout the Commonwealth of Virginia. These programs provide probationary oversight to offenders who have been referred from a court, typically for a conviction of driving under the influence (DUI). The Code of Virginia requires that persons convicted of DUI enroll in, and successfully complete, an Alcohol Safety Action Program.
The majority of persons coming to ASAP are sent by the court due to a recent conviction for DUI or an alcohol-related reckless driving charge. Other persons may have older convictions on their driving record and enroll in ASAP in order to meet outstanding requirements to obtain their driver's license. The requirement to attend an ASAP is usually listed on the person's DMV compliance summary.
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The primary service offered by the ASAP is the probationary oversight of persons convicted of DUI. The ASAP monitors offenders and serves as the liaison with the court. Other services provided by ASAPs include intervention interviews, habitual/multiple offender restoration evaluations, driver improvement classes, reckless/aggressive driver classes, young offender programs, and many others.
If you have been convicted of driving while suspended or revoked for a second time, you may be required to report to an ASAP for an Intervention Interview. The purpose of this meeting is to review your driving record in order to assist you in getting licensed again and to ensure you fully understand the applicable laws and consequences of violating the law in the future.
If your driving privileges were revoked indefinitely due to being declared a habitual or multiple offender, you may be able to obtain restricted driving privileges after three years, or full driving privileges after five years. To accomplish this, you must first petition a circuit court for restoration. The Code of Virginia requires that an ASAP complete a habitual offender evaluation report for the court with a recommendation as to whether your driving privileges should be restored. An ASAP case manager will interview you, check your driving and criminal history, consult with references, etc. in order to make a recommendation to the court. The ASAP report is just a recommendation. The court will determine whether your license will be restored.
You may be ordered to attend a Driver Improvement Program by the court, or voluntarily attend, in order to remove demerit points from your license or to obtain better insurance rates. Some ASAPs offer a Driver Improvement Program as well as many private companies in the state. Check with your local ASAP for program availability.
Some courts may refer you to an ASAP for a specialized course of instruction if you have been convicted of reckless or aggressive driving. This one-day program is only offered by some ASAPs and may be presented in conjunction with a Driver Improvement Program. Information regarding how to prevent reckless and aggressive driving, applicable laws, and anger management is included.
Yes, this is permitted since it will enable an offender to possibly begin classes prior to adjudication by the court; however, the full ASAP fee must be paid at the time of pre-enrollment. Since this pre-enrollment fee is non-refundable, even if your case is subsequently dismissed, you should carefully consider your situation prior to pre-enrolling.
No, the period of probation begins on the date the court order is signed, usually the date of conviction. You will, however, receive credit for any classes attended to date.
You should report to the ASAP within 15 days of the court order/conviction date.
The Code of Virginia requires that you enroll in the ASAP within 15 days of conviction. If you attempt to enroll after 15 days, the ASAP may deny your enrollment and notify the court. The exact consequences of failing to enroll promptly vary from court to court.
The probationary period typically corresponds to the time of license suspension which is usually one year for first offenders and three years for second and subsequent offenders. Even after all ASAP education and/or treatment intervention is completed, you will still be monitored and on probation until the period of license suspension ends.
You will initially report to the ASAP that serves the jurisdiction in which the offense and conviction occurred.
Once you enroll in the ASAP where the offense occurred, arrangements can be made to transfer your case to an ASAP in the area where you live, work, or attend school.
The ASAP will monitor your case throughout the supervision period. You will be given an out-of-state enrollment package with instructions and requirements. Other communication will occur via telephone and e-mail. Once the type of intervention services required is determined, the case manager will assist you in identifying comparable services in your home state that will satisfy Virginia requirements. Ultimately, it is your responsibility to find acceptable education or treatment providers where you live. Always enroll in the ASAP and get prior approval before attending any out-of-state program. The out-of-state service provider will need to be willing to submit progress reports to the ASAP.
Most ASAPs are open Monday through Friday during standard business hours; however, each ASAP maintains its own schedule and may be closed during lunch hours and at other times for periodic training. Be sure to verify the office hours of your ASAP. Most ASAPs observe, and are closed, during recognized Commonwealth of Virginia holidays.
Any conditions of operation will be listed on your restricted driver's license issued by the court. You may have no restrictions other than installation of an ignition interlock or there may be other restrictions such as travel only to and from work.
Typically, you will complete a number of enrollment documents to include an offender questionnaire, consent forms, and a participation agreement. You may have an orientation meeting or watch an orientation video. During enrollment, you will be assigned a case manager and an intake appointment will be scheduled. In some cases, the intake appointment may occur on the same day as enrollment.
You should bring a copy of any paperwork given to you by the court, the police, and your attorney to include summonses, court orders, restricted driver's license, accident reports, etc. You should also bring some form of identification, preferably a photo ID, and your vehicle registration.
You will attend an intake appointment with your case manager.
The standard ASAP fee is $300 plus a $100 intervention fee. Additional fees may be charged for rescheduling appointments, returned checks, etc. The local ASAP can provide you with a list of approved fees. Offenders requiring a treatment assessment and treatment will contract with the treatment provider and will be responsible for paying the treatment costs directly to the provider.
Payment is due when enrolling. If this is not possible, the ASAP will work with you to establish a payment plan.
The case manager will review your case in detail and go over your questionnaire information with you. The case manager will use screening criteria to classify you for the most appropriate level and type of intervention to ensure your success. Based on your classification, you will either be scheduled for ASAP intensive education classes or you will be directed to select a treatment provider from an approved directory who will assess your case to determine if there is a need for substance abuse treatment. The case manager will also review the conditions of your participation agreement and probation requirements and assist you with other requirements such as ignition interlock installation.
You will be assigned to the first available class session. Classes commence within 60 days of your intake session.
Classes are 10 hours long, conducted at two-hour intervals with meetings occurring once per week for 5 weeks.
The number of classes offered is limited in some areas of the state; other ASAPs provide more options. Your case manager will work with you to schedule your class times and locations to maximize your chances of being able to attend all required meetings. Please recognize that you will be required to attend all class sessions to which you are assigned and this may necessitate coordination with your employer and other impacted individuals for you to comply with your probation.
Yes, substance abuse education is a critical intervention component of the probation process.
Check with your local ASAP for their inclement weather policy.
Attendance is mandatory except for bona fide emergencies. Consult with your case manager regarding the ASAP's missed class policy.
No. Due to confidentiality regulations, only offenders enrolled in the class may attend.
Some ASAPs may offer classes in other languages. Check with your ASAP case manager for availability.
Yes, the Americans with Disability Act (ADA) requires sign language interpreters to be permitted in the classroom. The interpreter will be required to sign a nondisclosure agreement to protect the confidentiality of class participants.
Service animals are permitted to accompany persons with disabilities, except when doing so will fundamentally alter the activity or safe operation of the program. You may be asked if the animal's presence is required due to a disability and what functions the animal is trained to perform.
If you are classified as treatment assessment, you will be required to select a qualified treatment service provider who will conduct a treatment assessment to determine if treatment is necessary.
No, you are responsible for paying all costs for the treatment assessment and any required treatment directly to the provider.
The treatment provider will develop a treatment regimen/plan that you must follow. The treatment provider will keep the ASAP case manager informed regarding your progress. Treatment must be successfully completed in order to meet all ASAP probationary requirements. In addition, you will be required to complete a four-session, ASAP treatment education class.
You may undergo a subsequent assessment provided the assessment can be conducted within the required 60-day intervention commencement time frame. You will be responsible for paying for each treatment assessment.
If you encounter problems, contact your case manager first. If the situation cannot be resolved, then you should speak to the local ASAP director. Complaints regarding unethical or illegal behavior of a service provider should be directed to the Commission on VASAP state office. If you believe your service provider has violated a law or regulation, you may also file a complaint with the Virginia Department of Health Professions or the Virginia Department of Behavioral Health and Developmental Services.
Complaints about the behavior or performance of any case manager or other ASAP staff member should first be made to the local ASAP director. Problems that cannot be resolved at the local ASAP may be directed to the Commission on VASAP state office.
Yes; this means that you cannot simply attend the class. You are expected to interact with other class members, complete all in-class and homework assignments, and bring your book to each session. You will not be required to reveal personal information or participate in activities unrelated to your intervention; however, arriving late or leaving class early, failing to engage in required class activities, sleeping in class, not completing assignments, etc. may be grounds for non-compliance resulting in removal from the class and a return to court.
The treatment provider assesses treatment fees. You will need to contact the treatment provider directly regarding their fees for services.
Yes; this is possible if the provider meets all the requirements as those listed in the VASAP directory. At a minimum, the service provider must be licensed by either the Virginia Department of Health Professions or the Virginia Department of Behavioral Health and Developmental Services. The provider must be ASAM trained or have someone on their staff who is licensed by one of the aforementioned agencies and is ASAM trained. The provider will also be required to meet all ASAP reporting requirements. Be sure to check with your case manager prior to using someone not on the VASAP directory.
It is recognized that operational commitments often make it difficult or impossible for active duty military to meet ASAP intensive education attendance requirements. Accordingly, active duty military members, who are classified by the ASAP for intensive education intervention, will be permitted to attend the SARP IMPACT, PRIME FOR LIFE, or other comparable military substance abuse education program that fulfills ASAM Level 0.5 (early intervention) requirements in lieu of the ASAP intensive education classes. Persons who have already successfully completed such program shall be given credit towards their ASAP intervention requirement, provided the intervention occurred within one year of the ASAP enrollment and subsequent to the referral offense.
Persons classified for treatment assessment by the ASAP shall be permitted to receive services in a military program comparable to outpatient treatment (ASAM Level 1) or higher. This will suffice to meet ASAP treatment intervention requirements; however, as is standard practice with all treatment cases, these probationers will still be required to attend the ASAP four-week treatment education classes. The ASAP shall contact the Commission on VASAP for guidance when persons are unable to attend the four-week ASAP treatment education classes within the probationary period due to military orders.
No, weapons of any kind are not permitted on ASAP premises. DUI is a disqualifying offense for obtaining or maintaining a concealed weapons permit. If you have a concealed weapons permit, and were convicted of DUI, you must immediately surrender your permit to the issuing circuit court.
Possibly. If the court has issued an abstinence order, you are not permitted to drink at any time, and doing so may result in you being returned to court for non-compliance. If an abstinence order has not been issued, you may consume alcohol, but you may not report to ASAP offices, meetings or classes with any measurable blood alcohol concentration. Doing so will result in a violation of your probation. You will be subject to breath testing during any ASAP appointment or class.
Be sure to provide a copy of your prescription to your case manager. If you have a valid prescription, the presence of THC in your blood will not be considered by ASAP as a violation of your probation; however, recognize that marijuana is illegal in Virginia, so use may still violate the law.
The ASAP will not administer drug tests unless ordered by the court. If a court order authorizes the ASAP to administer drug tests, you will be required to submit to testing upon request and be responsible for any associated costs of testing.
If the service provider's treatment regimen calls for random, or scheduled drug testing, you may be drug tested. No court order is required for this, and the ASAP and court will be notified of any positive results for illegal substances. Positive drug tests may result in a modification of the length and type of treatment you receive as well as impact your probationary status with ASAP and the court.
If you are under the supervision of the court, a transfer to another ASAP can be arranged. Do not plan a move to occur during the middle of your classes since doing so might result in having to start classes over.
Immediately notify your ASAP of any changes to your contact information.
Immediately notify the ASAP, DMV, applicable court and the post office of this change.
ASAP staff are required to protect the confidentiality of your information in compliance with federal, state, and local laws and regulations. You will be asked to complete various consents for release of your information so that the ASAP is authorized to confer with law enforcement, the court, DMV, treatment providers, etc. in order to properly supervise the case.
Yes, you are entitled to a copy of your file. The ASAP may charge for second and subsequent requests for file information and for requests made after probation has ended.
Yes. Upon request, the ASAP can issue you a completion certificate or letter of completion. You should keep any documentation of your program completion indefinitely.
The ASAP will communicate your successful completion to the DMV electronically.
Yes, the ASAP will not report successful completion until all outstanding balances have been paid.
At the enrollment appointment you will be required to complete a consent form and an intake questionnaire in addition to other paperwork. If you are also subject to an ignition interlock requirement, it is important to bring a copy of your vehicle registration. If you would like to complete some of this paperwork beforehand, and bring it to your enrollment appointment, please click, print, and complete the appropriate documents below:
- Consent Form (Individual) - a form that permits you to authorize release of information to selected individuals.
- Consent Form (Out of Program) - this form permits persons formally under ASAP supervision to authorize release of their existing records to individuals and entities of their choice.
An ignition interlock is a device that is installed in a motor vehicle to prevent alcohol-impaired individuals from driving. Before starting the vehicle, you will be required to blow into the ignition interlock's mouthpiece to provide a breath sample for analysis. If your blood alcohol concentration (BAC) is above the pre-set limit of 0.02%, the vehicle will not start. Once the vehicle is started, you may be required to submit additional breath samples at random times while the engine is running. Failing, or not submitting a breath sample for one of these "rolling re-tests", will cause your vehicle lights and horn to sound. Keep in mind, the ignition interlock contains a data logger that records all vehicle activity, test results, and violations.
Section 18.2-270.1 of the Virginia Code states that an offender, convicted of driving under the influence in Virginia, shall be required to have an ignition interlock device installed on his or her vehicle as a condition of a restricted license or license restoration. It is important to note that individuals subject to a DUI 2nd or subsequent conviction are required to have an interlock device installed in all vehicles registered or titled to them, in whole or in part, in addition to any vehicle(s) they operate.
The short answer is yes! Per Virginia Code 18.2-270.1, individuals who fail to abide by all licensing requirements will receive no credit for interlock installation time from the expiration date of the 60-day allotted time in their restricted license order to the date they come into licensing compliance through the Virginia Department of Motor Vehicles. Please check with your local ASAP and DMV for any other licensing requirements for which you may need to comply.
Current Virginia law requires that for a first driving under the influence conviction, an ignition interlock shall be installed on any motor vehicle operated by the offender. If convicted of a 2nd DUI, or subsequent driving under the influence conviction, an ignition interlock shall be installed on all motor vehicles owned by or registered to the offender, in whole or in part. If you register or title a second vehicle in your name, and you are subject to an ignition interlock requirement for a 2nd or subsequent driving impaired conviction, it is imperative that you contact the ASAP immediately to have an interlock device installed in the new vehicle. Failure to do so will result in an extension of the interlock requirement for all vehicles registered or titled in your name.
You are required to contact your servicing ASAP office to provide pertinent information, to include your independent choice of an interlock vendor and vehicle information, in order to initiate an interlock installation authorization. Once the ASAP verifies the interlock requirement, and authorizes the interlock installation, it is your responsibility to contact the interlock vendor to schedule the installation appointment.
Any person who enters into the Alcohol Safety Action Program prior to trial may pre-qualify with the program to schedule installation of an interlock device. You must contact the ASAP in the jurisdiction of your offense to enroll and pay any applicable fees. Please keep in mind, that although you can schedule the installation of the interlock device, no actual installation of the interlock device can occur until a court issues you a restricted license with the ignition interlock restriction. You may select from one of the following state-approved interlock service providers:
- Smart Start, Inc (800) 880-3394, www.smartstartinc.com
- Draeger US Interlock, LLC (800) 332-6858, https://draegerinterlock.com/
- Intoxalock (804) 381-4774, www.intoxalock.com/virginia
- LifeSafer (866) 202-3381, www.lifesafer.com
When you first report for your installation appointment, the vendor will provide you with detailed instructions and training regarding the proper operation and care of the ignition interlock device. It is important that you bring a valid picture ID and the vehicle registration card to your installation appointment. If other family members will be driving the vehicle, they should come with you to the appointment for training.
After installation of the interlock device, you are required to report to the vendor's service center at least every 30 days to have your interlock device calibrated and data downloaded. You carry the responsibility of making these monthly monitoring appointments with the interlock vendor. It is very important to note that state law requires that your interlock device be calibrated at least every 30 days, and failure to abide by this requirement, will result in your interlock device entering a permanent lock-out resulting in additional costs and non-compliance with the program.
Interlock vendors may charge up to $65 for normal interlock installations and up to $130 for more complex vehicles. The monthly calibration cost is $95 and there is no charge for removal of the interlock device. You may also purchase optional insurance to cover certain causes of loss to the interlock device. The prices mentioned here do not include applicable taxes or fees for returned checks. Please keep in mind that if you fail to keep up with your payments with the interlock service provider, services may be discontinued.
The ASAP case manager will review the conditions of your probation and ignition interlock requirement with you and require you to sign a participation and interlock agreement. Violations include positive BAC's on breath tests, failing to submit to a test when required, failing to report to the vendor's service center for required appointments, tampering with the interlock device, circumvention of the camera, and driving a vehicle not equipped with an interlock device. Some of these violations may result in additional criminal charges. All violations will be reported to your ASAP case manager resulting in an extension of your interlock requirement and may result in your case being returned to court for non-compliance.
If someone provides a breath test into an interlock device in order to provide an operable vehicle to a person subject to a Virginia interlock requirement, the consequences for both can be severe. At a minimum, both individuals can be charged with a separate class 1 misdemeanor for EACH breath test. Individuals who participate in this type of behavior will be held accountable to the fullest extent of the law.
By default, the ignition interlock device requires 1.5 liters of breath volume. If an individual is unable to adequately provide this volume of air, they can submit a physician's statement to their ASAP case manager indicating the maximum liter of breath volume they are able to provide. Once received, the ASAP case manager will forward the documentation to the Commission on VASAP for approval. It is imperative that you sign the VASAP Breath Reduction Form and take it to your physician as this provides the physician with important information related to the nature of your appointment.
Yes, a person, subject to a Virginia ignition interlock requirement, can have an interlock installed in a friend or family member's vehicle but it is imperative that any operators of the vehicle are in attendance at the interlock installation appointment so that they can be trained on proper use of the interlock device. It is important to note that the interlock vendor will not install the interlock in a non-owned vehicle unless they receive a signed and notarized copy of the VASAP Consent to Install Form or the owner of the vehicle signs this document in the presence of the interlock technician at the installation appointment. For a Spanish version of this form, please click here.
Yes, a person can purchase an additional vehicle after installation of an interlock device in the original vehicle or vehicles. If the interlock requirement is related to a DUI 2nd or subsequent conviction, it is imperative that the person notify their ASAP case manager immediately upon purchase if not before. The reason this is important is because an interlock must be installed in the new vehicle within 10 calendar days or the person's license will be placed in suspended status. If this occurs, the time period for which the interlock device must be installed starts over for all vehicles registered or titled to that person.
Yes, in order to ensure that the owner of the business is aware of the situation, and to ensure that the person subject to the interlock requirement is not in control or ownership of the business, in whole or in part, they must ensure the employer provides a notarized signature on the Employer Vehicle Verification Form. Individuals who fail to have this form properly executed and returned within 10-calendar days are subject to non-compliance with the program.
Once you have selected an interlock vendor, you will generally be required to use the same vendor for at least six months. Authorization to change interlock vendors will only be granted if it can be shown that there was a problem with the services provided by the original vendor. If you experience any problems related to your interlock device, or service, you should first advise the interlock vendor or your ASAP case manager. If your problem is still not resolved, you may contact the director of your assigned ASAP. The Commission on VASAP is available for you at (804) 786-5895 if your problem is not resolved after communication with your ASAP case manager and director.
You may select from one of the following state-approved RAMD service providers:
- Smart Start, Inc (800) 880-3394, www.smartstartinc.com
- SCRAM Systems, Inc. - Service providers include Mid-Atlantic Alcohol Monitoring Systems, Inc (757-744-4007), Knight's Armor Security Training, LLC (540-550-3268 Winchester and 571-261-0538 Manassas) and Virginia Electronic Monitoring Systems, LLC (757-513-0942)
- LifeSafer (866) 202-3381, www.lifesafer.com
In order to view the Ignition Interlock Process & Procedure Manual, please click here.
In order to view the list of certified ignition interlock and remote alcohol monitoring devices, please click here.
The Virginia Freedom of Information Act (FOIA), located in Section 2.2-3700 of the Code of Virginia, guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees. A public record is any writing or recording, regardless of whether it is a paper record, an electronic file, an audio or video recording, or any other format, that is prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business. The policy of FOIA states that FOIA's purpose is to promote an increased awareness by all persons of governmental activities. In furthering this policy, FOIA requires that the law be interpreted liberally, in favor of access, and that any exemption allowing public records to be withheld must be interpreted narrowly.
What are your FOIA rights? You have the right to request to inspect or receive copies of public records, or both, the right to request that any charges for the requested records be estimated in advance, and if you feel your FOIA rights have been violated, you may file a petition in district or circuit court to compel compliance with FOIA. Alternatively, you may contact the FOIA Council for a non binding advisory opinion.
In regards to making a request for records from the Commission on VASAP:
- You may request records by US Mail, fax, e-mail, in person, or over the phone. FOIA does not require that your request be in writing, nor do you need to specifically state that you are requesting records under FOIA. From a practical perspective, it may be helpful to both you and the person receiving your request to put your request in writing. This allows you to create a record of your request and gives us a clear statement of what records you are requesting, so that there is no misunderstanding of your verbal request. However, we cannot refuse to respond to your FOIA request if you elect to not put it in writing.
- Your request must identify the records you are seeking with "reasonable specificity". This is a common-sense standard. It does not refer to, or limit, the volume or number of records that you are requesting; instead, it requires that you be specific enough so that we can identify and locate the records that you are seeking.
- Your request must ask for existing records or documents. FOIA gives you a right to inspect or copy records; it does not apply to a situation where you are asking general questions about the work of the Commission on VASAP, nor does it require the Commission on VASAP to create a record that does not exist.
- You may choose to receive electronic records in any format used by the Commission on VASAP in the regular course of business. For example, if you are requesting records maintained in an Excel database, you may elect to receive those records electronically, via e-mail or on a computer disk, or to receive a printed copy of those records.
- If we have questions about your request, please cooperate with staff's efforts to clarify the type of records that you are seeking, or to attempt to reach a reasonable agreement about a response to a large request. Making a FOIA request is not an adversarial process, but we may need to discuss your request with you to ensure that we understand what records you are seeking.
In order to request records from the Commission on VASAP, please direct your request to the following via mail:
Attention: FOIA Officer EdQuina Bradley
The Commission on VASAP
1111 E. Main Street Suite 801
Richmond, VA 23219
or via phone at (804) 786-5895
or via e-mail at email@example.com
Additional information regarding FOIA may be directed to the Freedom of Information Advisory Council by e-mail at firstname.lastname@example.org, or phone at (804) 698-1810, or toll free at 1-(866) 448-4100, or via fax at (804) 698-1899.
The Commission on VASAP's responsibilities in responding to your request include:
- The Commission on VASAP must respond to your request within five working days of receipt. "Day One" is considered the day after your request is received. The five-day period does not include weekends or holidays.
- The reason behind your request for public records from the Commission on VASAP is irrelevant, and you do not have to state why you want the records before we respond to your request. FOIA does, however, allow the Commission on VASAP to require you to provide your name and legal address.
- FOIA requires that the Commission on VASAP make one of the following responses to your request within the five-day time period.
- We provide you with the requested records in their entirety.
- We withhold all of the records requested due to a statutory exemption. If all of the records are being withheld, we must send you a response in writing which must identify the volume and subject matter of the records being withheld, and state the specific section of the Virginia Code that allows us to withhold the records.
- We provide some, but not all, of the records requested. We cannot withhold an entire record if only a portion of it is subject to an exemption. In that instance, we may redact the portion of the record that may be withheld, and must provide you with the remainder of the record. We must provide you with a written response stating the specific section of the Virginia Code that allows portions of the requested records to be withheld.
- We inform you in writing that the requested records cannot be found or do not exist (we do not have the records you want). However, if we know that another public body has the requested records, we must include contact information for the other public body in our response to you.
- If it is practically impossible for the Commission on VASAP to respond to your request within the five-day period, we must state this in writing, explaining the conditions that make the response impossible. This will allow us seven additional working days to respond to your request.
- If you make a request for a particularly large volume of records, and meeting the time limit will keep the public body from fulfilling its operating responsibilities, we may petition the court for additional time to respond to your request. However, FOIA requires that we make a reasonable effort to reach an agreement with you concerning the production or the records before we go to court to ask for more time.
- A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. All charges for the supplying of requested records shall be estimated in advance at the request of the citizen as set forth in subsection F of Virginia Code Section 2.2-3704.
- You may have to pay for the records that you request from the Commission on VASAP. FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records. It cannot include general overhead costs.
- The requestor (you) may always ask for an advance estimate of the charges for complying with his or her request. If the charges are expected to exceed $200, the public body (The Commission on VASAP) may require the requester to pay the estimated charges in advance, before it processes the request. If the public body does this, the time for its response does not run until the requester pays the estimated charges. The public body may not insist on advance payment if the amount of the charges is less than $200.
- If you owe us money from a previous FOIA request that has remained unpaid for more than 30 days, the Commission on VASAP may require payment of the past-due bill before it will respond to your new FOIA request.
The Virginia Code allows any public body the right to withhold certain records from public disclosure. The Commission on VASAP commonly withholds records subject to the following exemptions:
- Personnel records - Virginia Code Section 2.2-3705.1
- Records subject to attorney-client privilege or attorney work product - Virginia Code Sections 2.2-3705.1 (2) and 2.2-3705.1 (3) respectively.
- Vendor Proprietary Information - Virginia Code Section 2.2-3705.1 (6)
- Records relating to the negotiation and award of a contract, prior to the contract being awarded - Virginia Code Section 2.2-3705.1 (12)
The general policy of the Commission on VASAP is to invoke the personnel records exemption in those instances where it applies in order to protect the privacy of employees and officials of the Commission on VASAP. In addition, the general policy of the Commission on VASAP is to invoke the contract negotiations exemption whenever it applies in order to protect the Commission on VASAP's bargaining position and negotiating strategy.