Regulatory Alert

A Convenient Guide to Regulatory Activity in the Commonwealth

October, 2003

The Regulatory Alert is a new feature in the Legislative Record intended to assist General Assembly members as they keep up with the myriad regulations being proposed by agencies in the Commonwealth. The goal of this project is to provide a timely, simple, and accurate summary of the rules that are being proposed by agencies, boards, and commissions. Highlighting regulations when they are published as “proposed regulations” gives General Assembly members notice that the critical public participation phase of the rulemaking process is well underway—it is during the public participation process that the questions of an Assembly member or constituent may be most effectively communicated to the agency and examined by the individuals crafting the regulatory proposal.

The Regulatory Alert is not intended to be a substitute for the comprehensive information on agency rulemaking activity that is currently published biweekly in the Virginia Register of Regulations or the notification services offered by the Regulatory Town Hall Web site maintained by the Department of Planning and Budget. This addition to the Legislative Record is designed to assist all members as they monitor the development, modification, and repeal of administrative rules in the Commonwealth.

Access the Virginia Register of Regulations on-line at or contact or the Code Commission staff at (804) 786-3591 for further information.

Proposed Regulations Open to Public Comment


State Board of Juvenile Justice (20:2 VA.R. 89-99)

6 VAC 35-30. Regulations for Approving Juvenile Residential Facilities and for State Reimbursement of Local Juvenile Residential Facility Costs (amending 6 VAC 35-30-10 through 6 VAC 35-30-40, 6 VAC 35-30-60 through 6 VAC 35-30-190; adding 6 VAC 35-30-35, 6 VAC 35-30-200, and 6 VAC 35-30-210; repealing 6 VAC 35-30-50).

The proposed amendments set construction standards for juvenile residential facilities. The proposed revisions to the regulation are intended to provide an additional, clearly articulated, and reasonable basis for the department to approve certain facilities whether or not the locality seeks reimbursement for the project from the Commonwealth. Changes to the regulation provide a process that includes the Governor’s approval of the board’s endorsement of a reimbursement for construction costs.

Written public comment is being accepted by the DJJ through December 5, 2003. A public hearing to receive oral comment on the proposed amendments will be held in Richmond on November 12, 2003.


Virginia Racing Commission (19:26 VA.R. 3897-3910)

11 VAC 10-20. Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering (amending 11 VAC 10-20-190).

The proposed changes will allow the Virginia Racing Commission to alter the number of live racing days in the Commonwealth and require licensees to post a sign where pari-mutuel wagering is conducted with a toll free number for Gamblers Anonymous or for other similar organizations providing assistance to compulsive gamblers. The proposed changes will also establish new racetrack, equipment, and safety specifications.

Written public comment is being accepted by the Department of Charitable Gaming through November 7, 2003.

1 VAC 10-20. Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering (amending 11 VAC 10-20-200).

The proposed change will provide discretion to the Virginia Racing Commission to establish a deadline for a licensee to place a request for racing days.

Written public comment is being accepted by the Department of Charitable Gaming through November 7, 2003.

11 VAC 10-20. Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering (amending 11 VAC 10-20-220).

Pursuant to amendments to § 59.1-380 of the Code of Virginia in 2000, the proposed changes will allow the Virginia Racing Commission to accept a letter of credit in addition to a surety bond from an owner’s licensee to cover any indebtedness incurred and will reduce the amount of surety required from at least $1 million to any amount the commission determines sufficient to cover such indebtedness. Additionally, two other changes will allow the commission to consider a request to change the assignment of racing days at its next meeting without having to wait 15 days and once the request is approved allow the commission to change the schedule without having to wait until the beginning of the calendar year.

Written public comment is being accepted by the Department of Charitable Gaming through November 7, 2003.


Department of Medical Assistance Services (20:2 VA.R. 100-127)

12 VAC 30-120. Waiver Services (amending 12 VAC 30-120-140 through 12 VAC 30-120-190; adding 12 VAC 30-120-165, 12 VAC 30-120-195, 12 VAC 30-120-201; repealing 12 VAC 30-120-200).

The proposed regulations will make available to HIV/AIDS waiver recipients consumer-directed personal and respite care services in addition to the agency-directed services that are currently provided. Other proposed changes include conducting desk reviews for waiver eligibility, allowing agency-directed respite care to be provided in nursing homes or in long-term care facilities, reducing the frequency of registered nurse supervisory visits of the personal care aides, requiring that personal care aides be able to communicate effectively in English, and incorporating statutory background check (criminal record checks) requirements into the regulations.

Written public comment is being accepted by the DMAS through December 5, 2003.


Virginia Housing Development Authority (20:3 VA.R. 192-213)

The Virginia Housing Development Authority is exempt from the Administrative Process Act (§2.2-4000 et seq. of the Code of Virginia) pursuant to § 2.2-4002 A 4; however, under the provisions of § 2.2-4031 A, it is required to publish all proposed and final regulations.

13 VAC 10-180. Rules and Regulations for Allocation of Low-Income Housing Tax Credits (amending 13 VAC 10-180-10, 13 VAC 10-180-50, and 13 VAC 10-180-60).

The proposed amendments (i) include a definition of older central cities, (ii) revise the definition of revitalization area, (iii) require market studies for developments intended for persons age 55 and older to be submitted with the application, (iv) require a certification that the proposed development meets all applicable amenity and design requirements, (v) replace the nonprofit set-aside and local housing authority set-aside with a nonprofit pool and local housing authority pool, (vi) revise the points awarded for developments located in revitalization areas, (vii) delete points awarded for certain amenity items and award points for including new amenity items, (viii) revise the standard for which points will be awarded to developments that include units that will serve people with disabilities, (ix) add point categories relating to management companies, architects that are LEED certified and architects that have completed Fair Housing Act compliance training (x) limit the amount of credits that may be awarded to elderly developments, (xi) limit the amount of credits that may be awarded to developments located in older central cities, (xii) create a tax credit set-aside for developments intended to serve persons with disabilities with extremely low incomes, and (xiii) make other miscellaneous administrative clarification changes.

Written public comment is being accepted by VHDA through October 27, 2003. A public hearing on the proposed regulation will be held in Richmond on October 27, 2003.



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