Division of Legislative Services > Legislative Record > 2004 

Regulatory Alert

A Convenient Guide to Regulatory Activity in the Commonwealth

September, 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


Pesticide Control Board (20:24 VA.R. 2717-2726 8/09/04)

2VAC 20-40. Rules and Regulations Governing Licensing of Pesticide Businesses by the Department of Agriculture and Consumer Services Operating Under Authority of the Virginia Pesticide Control Act (amending 2 VAC 20-40-10, 2 VAC 20-40-20, 2 VAC 20-40-40, 2 VAC 20-40-60 through 2 VAC 20-40-110; repeal 2 VAC 20-40-120).

The proposed amendments (i) define a pesticide business location; (ii) modify the date for a late fee assessment in regards to pesticide business license renewal; (iii) modify the proof of financial responsibility; and (iv) modify recordkeeping requirements for pesticide businesses.

The PesticideControl Board will accept
written public comment through November 1, 2004.


Alcoholic Beverage Control Board (20:25 VA.R. 3038-3046 8/23/04)

3 VAC 5-30. Tied-House (amending 3 VAC 5-30-10, 3 VAC 5-30-30, 3 VAC 5-30-60, 3 VAC 5-30-70; repealing 3 VAC 5-30-40).

The proposed amendments (i) eliminate the restriction on merchandising activities by alcoholic beverage wholesalers on Sundays, except in localities that have ordinances restricting the sale of alcoholic beverages on Sundays; (ii) allow wine and beer removed from the shelf for quality control purposes to be replaced with an identical quantity and brand but not necessarily with identical packaging; (iii) permit the use of a single invoice for sales of alcoholic and nonalcoholic beverage merchandise to retailers as long as the items are separately identified and totaled; (iv) remove the provision requiring that retailers pay wholesalers a minimum deposit per container sold by the wholesaler to the retailer; (v) raise the maximum wholesale value of bottle or can openers on which advertising matter regarding alcoholic beverages appears that manufacturers, bottlers, or wholesalers can give retailers; (vi) eliminate the restriction on the number of wines and beers that can be listed on clipons and table tents provided by manufacturers, wholesalers, or bottlers to retailers; and (vii) eliminate the provision prohibiting manufacturers and wholesalers from providing retailers with business entertainment requiring overnight stays and instead increases the maximum amount spent on business entertainment in a 24-hour period from $200 to $400.

The Department of Alcoholic Beverage Control will accept
written public comment through October 23, 2004.

Alcoholic Beverage Control Board (20:25 VA.R. 3047-3055 8/23/04)

3 VAC 5-40. Requirements for Product Approval (amending 3 VAC 5-40-20 and 3 VAC 5-40-50).
3 VAC 5-70. Other Provisions (adding 3 VAC 5-70-220).

The proposed amendments provide for the application process, recordkeeping and reporting process for wine or beer shippers’ licensees and common carriers approved to deliver shipments from such licensees. An associated secondary action revises current label approval rules to exempt from most of the requirements products sold only by direct shipment.

The Department of Alcoholic Beverage Control will accept
written public comment through October 23, 2004.


State Board of Juvenile Justice (20:24 VA.R. 2727-2743 8/09/04)

6 VAC 35-140. Standards for Juvenile Residential Facilities (amending 6 VAC 35-140-10 through 6 VAC 35-140-90, 6 VAC 35-140-110 through 6 VAC 35- 140-150, 6 VAC 35-140-170 through 6 VAC 35-140-230, 6 VAC 35-140-250 through 6 VAC 35-140-350, 6 VAC 35- 140-400, 6 VAC 35-140-440 through 6 VAC 35-140-500, 6 VAC 35-140-530 through 6 VAC 35-140-630, 6 VAC 35- 140-660 through 6 VAC 35-140-700, 6 VAC 35-140-730 through 6 VAC 35-140-770; adding 6 VAC 35-140-22, 6 VAC 35-140-23, 6 VAC 35-140-24, 6 VAC 35-140-45, 6 VAC 35-140-192, 6 VAC 35-140-275, 6 VAC 35-140-295, 6 VAC 35-140-385 through 6 VAC 35-140-389, 6 VAC 35- 140-545, 6 VAC 35-140-615, 6 VAC 35-140-685, 6 VAC 35- 140-701 through 6 VAC 35-140-709, 6 VAC 35-140-711 through 6 VAC 35-140-715, 6 VAC 35-140-810 and repealing 6 VAC 35-140-510).

The regulation sets operating standards for residential facilities in Virginia’s juvenile justice system, including group homes, detention homes, juvenile correctional centers and boot camps. Two broad categories of amendments are proposed. The first category includes new or expanded standards governing postdispositional detention programs as required by § 16.1-284.1 D of the Code of Virginia.

The Department of Juvenile Justice will accept
written public comment through October 15, 2004.


State Air Pollution Control Board (20:24 VA.R. 2743-2777 8/09/04)

9 VAC 5-20. General provisions (amending 9 VAC 5-21).
9 VAC 5-40. Existing Stationary Sources (adding 9 VAC 5- 40-7240 through 9 VAC 5-40-7360).

This action will add a new rule (Article 50) to Chapter 40 of Regulations for the Control and Abatement of Air Pollution. The regulation will apply only to sources in the Northern Virginia volatile organic compounds (VOC) emissions control area designated in 9 VAC 5-20-206. The regulation will limit VOC emissions from consumer products such as adhesives, adhesive removers, aerosol products (like cooking and dusting sprays), air freshener, antiperspirants and deodorants, facial toners and astringents, waxes and polishes (for cars, floors, etc.), tile cleaners, tar removers, bug sprays, rug cleaners, charcoal lighter fluid, disinfectants, cosmetics, soaps.

The Department of Environmental Quality will accept
written public comment through October 8, 2004.

State Air Pollution Control Board (20:24 VA.R. 2777-2792 8/09/04)

9 VAC 5-91. Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area (amending 9 VAC 5-91-20, 9 VAC 5-91-160, 9 VAC 5-91- 180, 9 VAC 5-91-740, 9 VAC 5-91-750, and 9 VAC 5-91-760; adding 9 VAC 5-91-741, 9 VAC 5-91-742, and 9 VAC 5-91-743).

The proposed amendments make a number of revisions to conform to changes in Virginia law pertaining to remote sensing. In general, the regulation needs to be amended to reflect new emission standards for vehicles detected via remote sensing as well as criteria for conducting random testing of motor vehicle emissions, procedures to notify owners of test results, and assessment of civil charges for noncompliance with emissions standards in the current regulation. Two specific changes to the regulation as a result of changes to the Code of Virginia include the change in the model year coverage for vehicles subject to remote sensing to include model year 1968 and newer model vehicles, and the requirement to establish a program to subsidize repair costs of some vehicles identified by remote sensing.

The Department of Environmental Quality will accept
public comment through October 8, 2004.


State Board of Health (20:24 VA.R. 2792-2815 8/09/04)

12 VAC 5-390. Regulations for the Licensure of Hospice (REPEAL) (repealing 12 VAC 5-390-10 through 12 VAC 5-390-660).
12 VAC 5-391. Regulations for the Licensure of Hospice (adding 12 VAC 5-391-10 through 12 VAC 5-391-500).

The proposed regulation is a comprehensive revision of the current regulation addressing hospice programs. In addition to the provisions as required by § 32.1-162.12 of the Code of Virginia, the proposed regulation also addresses (i) the services unique to a hospice program such as volunteer services, bereavement counseling, family-focused service, palliative versus curative care, and the interdisciplinary team approach to service provision; (ii) reorganization of the regulation into a user-friendlier format; and (iii) reconciling the state regulatory requirements with the federal regulations, where appropriate, to eliminate contradictions. Because of the extensive revision to the current regulation (12 VAC 5-390), the department chose to replace the current regulation and promulgate a new regulation in its place. To accomplish this, it is necessary to repeal the current regulation as the proposed regulation is promulgated.

The Department of Health will accept written
public comment through October 8, 2004.


Board of Housing and Community Development (20:25 VA.R. 3055-3073 8/23/04)

13 VAC 5-111. Virginia Enterprise Zone Program Regulation (amending 13 VAC 5-111-10, 13 VAC 5-111-50, 13 VAC 5-111-70, 13 VAC 5-111-80, 13 VAC 5- 111-90, 13 VAC 5-111-100, 13 VAC 5-111-140, 13 VAC 5-111-160, 13 VAC 5-111-180, 13 VAC 5-111-190, 13 VAC 5-111-210, 13 VAC 5-111-290 through 13 VAC 5-111-330, 13 VAC 5-111-350, 13 VAC 5-111-360, 13 VAC 5-111-370, 13 VAC 5-111-390; adding 13 VAC 5-111-95, 13 VAC 5-111-162, 13 VAC 5-111-172, 13 VAC 5-111-175, 13 VAC 5-111-245, 13 VAC 5-111-315; repealing 13 VAC 5-111-380).

Language is added to reflect amendments made to the Code of Virginia through Chapter 763 of the 2003 Acts of Assembly (effective July 1, 2003) to adjust state enterprise zones to conform to the federal empowerment zones’ expiration date and to specify how high investment/low employment firms may qualify for general income tax credits. In addition, other changes are proposed for the purpose of (i) further clarifying the intent of the program and ensuring that it is being met, (ii) providing additional guidance to program constituents, (iii) formalizing what has been common practice, and (iv) updating references to specific statutes and dates.

The Department of Housing and Community Development will
accept written public comment through October 23, 2004.


Board for Contractors (20:24 VA.R. 2816-2822 8/09/04)

18 VAC 50-22. Board for Contractors Regulations (amending 18 VAC 50-22-100, 18 VAC 50-22- 140, 18 VAC 50-22-170 and 18 VAC 50-22-250).
18 VAC 50-30. Tradesman Rules and Regulations (amending 18 VAC 50-30-90, 18 VAC 50-30-120 and 18 VAC 50-30-130).

The proposed amendments increase licensing fees, remove the dishonored check fee from the regulations and provide that the department will establish this charge, and increase the license reinstatement period from six months to one year.

The Board for Contractors will accept written
public comment through October 8, 2004.

Board for Geology (20:24 VA.R. 2822-2831 8/09/04)

18 VAC 70-20. Rules and Regulations for the Virginia Board for Geology (amending 18 VAC 70- 20-10, 18 VAC 70-20-30, 18 VAC 70-20-50 through 18 VAC 70-20-90, 18 VAC 70-20-110, 18 VAC 70-20-140, 18 VAC 70-20-150; adding 18 VAC 70-20-105; and repealing 18 VAC 70-20-20).

The proposed amendments (i) delete language redundant to the statutory authority of the Board for Geology; (ii) amend the language establishing the fee for the certification examination; (iii) amend the qualifications for certification to more clearly articulate the requirements that must be fulfilled prior to qualifying for certification; (iv) amend the certification by reciprocity standards; (v) add a section requiring the board to be notified in the event of a change in name or address of a regulant; and (vi) amend the grounds for certification denial or disciplinary action as the result of a criminal conviction.

The Department of Professional and Occupational Regulation will
accept written public comment through October 8, 2004.

Boards of Nursing and Medicine (20:24 VA.R. 2832-2835 8/09/04)

18 VAC 90-30. Regulations Governing the Licensure of Nurse Practitioners (amending 18 VAC 90-30-10, 18 VAC 90-30-60 through 18 VAC 90-30-90; adding 18 VAC 90-30-85).

The proposed amendments to the nurse practitioner regulations (i) update the names of accrediting bodies; (ii) clarify that approved programs refer to educational programs that offer doctoral degrees as well as those that offer master’s degrees; (iii) clarify that the boards will grant field licensure only if the applicant’s education and certification are consistent with that field; (iv) clarify that a graduate degree is required for licensure; (v) eliminate six fields of licensure; and (vi) establish qualifications for licensure by endorsement.

The Department of Professional and Occupational Regulation
will accept written public comment through October 8, 2004.

Board for Opticians (20:24 VA.R. 2835-2838 8/09/04)

18 VAC 100-20. Board for Opticians Regulations (amending 18 VAC 100-20-54 and 18 VAC 100-20-81).

The proposed amendments increase fees and reduce the timeframe within which an optician licensee can pay a late renewal fee versus a reinstatement fee.

The Board for Opticians will accept written
public comment through October 8, 2004.

Fair Housing Board (20:25 VA.R. 3073-3081 8/23/04)

18 VAC 62-20. Fair Housing Certification Regulations (adding 18 VAC 62-20-10 through 18 VAC 62-20-180).

The proposed regulation implements Chapter 575 of the 2003 Acts of Assembly, which requires the board to establish by regulation an education-based certification program for persons subject to the Fair Housing Law who are involved in the business or activity of selling or renting dwellings. The proposed regulation includes requirements (i) to obtain certification; (ii) to renew certification; (iii) for course provider approval; and (iv) for course approval and instructor approval. The regulations also include definitions, fees, and standards of conduct.

The Fair Housing Board will accept written
public comment through October 22, 2004.


State Board of Social Services (20:24 VA.R. 2838-2853 8/09/04)

22 VAC 40-120. Standards for Licensed Family Day Systems (REPEAL) (repealing 22 VAC 40-120-10 through 22 VAC 40-120-60).
22 VAC 40-121. Standards for Licensed Family Day Systems (adding 22 VAC 40-121-10 through 22 VAC 40- 121-390).

The proposed joint action repeals the Minimum Standards for Licensed Family Day-Care Systems, 22 VAC 40-120, and replaces it with a new regulation, Standards for Licensed Family Day-Care Systems, 22 VAC 40-121. The new regulation (i) removes procedural language that is now covered in another regulation; (ii) reorganizes and rewords the text for clarity; (iii) incorporates requirements based on changes in the Code of Virginia; and (iv) adds new requirements that increase protection to children.

The Department of Social Services will accept
written public comment through October 8, 2004.

State Board of Social Services (20:24 VA.R. 2853-2866 8/09/04)

22 VAC 40-170. Voluntary Registration of Family Day Homes - Requirements for Contracting Organizations (amending 22 VAC 40-170-10 through 22 VAC 40-170-230; and repealing 22 VAC 40-170-20).

The proposed amendments (i) update statutory references throughout the regulation to the new citations in recodified Title 63.2 of the Code of Virginia, along with other revised statutory references since initial adoption; (ii) eliminate requirements that have been found to be inefficient or burdensome, including but not limited to the establishment and duties of the contracting organization’s review committee; (iii) clarify contracting organizations’ responsibilities in areas including but not limited to training and complaint investigations; (iv) add requirements that establish time frames for submission of reports and for notification of the department of certain events and changes; and (v) transfer responsibility for providing certain information to parents and for processing all aspects of adverse enforcement actions from contracting organizations to the department.

The Department of Social Services will accept
written public comment through October 8, 2004.

State Board of Social Services (20:24 VA.R. 2866-2872 8/09/04)

22 VAC 40-660. Child Day Care Services Policy (REPEAL) (repealing 22 VAC 40-660-10 through 22 VAC 40-660-100).

2 VAC 40-661. Child Care Program (adding 22 VAC 40-661-10 through 22 VAC 40-661-90).
The proposed joint action repeals 22 VAC 40-660 and replaces it with new regulation 22 VAC 40-661. The new regulation (i) eliminates obsolete language, replacing it with current terms and practices; (ii) makes substantive changes, including a new requirement for families to be referred to the Division of Child Support Enforcement unless there is good cause why this should not be done; (iii) clarifies the receipt of child care subsidies for children of family day home owners or operators; (iv) clarifies the length of time background checks will be valid; and (v) specifies a requirement for child care provider training and new policies on how to handle suspected fraud.

The Department of Social Services will accept
written public comment through October 8, 2004.

State Board of Social Services (20:24 VA.R. 2872-2891 8/09/04)

22 VAC 40-770. Standards and Regulations for Agency Approved Providers (REPEAL) (repealing 22 VAC 40-770-10 through 22 VAC 40-770-160)
22 VAC 40-771. Local Department Approved Provider Standards (adding 22 VAC 40-771-10 through 22 VAC 40-771-510).

The regulation addresses standards for local departments of social services to approve and regulate service providers including adult service providers, child care providers, and adoptive and foster providers. The purpose of the proposed action is to repeal the existing regulation, 22 VAC 40-770, and replace it with a new regulation. The current regulation includes generic provisions that apply to all providers. Because of the uniqueness of each type of provider, such a format is no longer effective. The new regulation is divided into appropriate sections for adult services, child care, adoptive and foster providers, and is updated to comply with changes to federal and state laws and regulations. Substantive changes include the addition of barrier crimes standards for adult providers and rights and responsibilities of adults in care. In addition, timeframes for repeat background checks and prohibition of allowable variances for certain crimes are addressed.

The Department of Social Services will accept
written public comment through October 8, 2004.

Division of Legislative Services > Legislative Record > 2004 


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