Division of Legislative Services > Legislative Record > 2004

Regulatory Alert

A Convenient Guide to Regulatory Activity in the Commonwealth

June, 2004

The Regulatory Alert is intended to assist General Assembly members with tracking of 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” should alert General Assembly members that the critical public participation phase of the rulemaking process is well underway—it is during the public participation process that the questions of a 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. It is hoped that this addition to the Legislative Record will 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 http://register.state.va.us/issfiles.htm or contact hbutros@leg.state.va.us or the Code Commission staff at (804) 786-3591 for further information.

Proposed Regulations Open to Public Comment

TITLE 4 — CONSERVATION AND NATURAL RESOURCES

Board of game and Inland Fisheries (20:14 VA.R. 1858-1861 4/19/04)

4 VAC 15-50. Game: Bear (amending 4 VAC 15-50-81).
4 VAC 15-90. Game: Deer (amending 4 VAC 15-90-231 and 4 VAC 15-90-241).
4 VAC 15-240. Game: Turkey (amending 4 VAC 15-240-81 and 4 VAC 15-240-91).

The proposed amendments (i) provide for bear, deer or turkey tags to be located any place on the bear, deer or turkey hunting license by removing the requirement that the tags be located on the left margin of the license; (ii) clarify how a bear, deer or turkey tag is to be physically validated or “notched” when being used to check a bear, deer or turkey that has been legally killed; (iii) replace references to “Telecheck” with “automated harvest reporting system”; and (iv) provide for the forfeiture of a deer or turkey carcass to the Commonwealth when any deer or turkey that has not been checked is found in the possession of any person exempt from license requirements or from holding a license authorization number.

Written public comment is being accepted by DGIF through June 24, 2004.
A public hearing to receive oral comment will be held in Richmond on June 25, 2004.

TITLE 12 — HEALTH

Department of Medical Assistance Services (20:18 VA.R. 2017-2020 5/17/04)

12 VAC 30-90. Methods and Standards for Establishing Payment Rates for Long-Term Care (amending 12 VAC 30-90-29).

The proposed changes will establish an eight-year holding period as a non-chain-affiliated facility in order for a nursing home to qualify for immediate transition to the full fair rental value capital reimbursement methodology following the sale of the facility. The proposed change is designed to eliminate a loophole in the current regulation that is believed to be abused by chain nursing homes that would not qualify for the exemption under the original intent of the regulations.

Written public comment is being accepted by the DMAS through July 15, 2004.

TITLE 24 — TRANSPORTATION AND MOTOR VEHICLES

Commonwealth Transportation Board (20:17 VA.R. 1955-1973 5/03/04)

24 VAC 30-90. Subdivision Street Requirements (repealing 12 VAC 30-90-29).
24 VAC 30-91. Subdivision Street Requirements (adding 24 VAC 30-91-10 through 24 VAC 30-91-290).

The proposed changes (i) clarify text to improve comprehensibility and usefulness; (ii) update obsolete titles and work unit names; (iii) move geometric standards from the regulatory requirements to a new section of the Road Design Manual; (iv) update the list of documents incorporated by reference; (v) address the impact of technical issues on the regulation (definition of roles, design processes, right-of-way, sidewalks, flexibility of standards, traffic calming, utilities, etc.); (vi) update amounts for surety and maintenance fees; and (vii) provide a mechanism under which VDOT can recover administrative costs associated with new street development.

Written public comment is being accepted by the VDOT through July 2, 2004.