Division of Legislative Services > Legislative Record > 2005

Regulatory Alert

A Convenient Guide to Regulatory Activity in the Commonwealth

June, 2005

The Regulatory Alert is 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 website maintained by the Department of Planning and Budget. It is hoped that 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 online at http://legis.state.va.us/codecomm/register/issfiles.htm or contact epalen@leg.state.va.us or the Code Commission staff at (804) 786-3591 for further information.

Proposed Regulations Open to Public Comment:

 

TITLE 1. ADMINISTRATION

COMMISSION ON LOCAL GOVERNMENT

1 VAC 50-10. Public Participation Guidelines (adding 1 VAC 50-10-60 through 1 VAC 50-10-150; repealing 1 VAC 50-10-10 through 1 VAC 50-10-50).

A public hearing will be held July 18, 2005, at 10 a.m. at the Commission on Local Government in Richmond. Written public comment will be accepted until August 1, 2005.

The proposed amendments reflect changes in the Administrative Process Act and modern practice. The proposed amendments repeal obsolete provisions and add purpose, definitions, creation of notification lists, notice of intent to revise regulations, notification of actions, and advisory committees to enhance public participation in the commission's regulations in the future.

For additional information contact: Ted McCormack, Associate Director for the Commission on Local Government, (804) 786-6508, or e-mail ted.mccormack@dhcd.virginia.gov.

COMMISSION ON LOCAL GOVERNMENT

1 VAC 50-20. Organization and Regulations of Procedure (amending 1 VAC 50-20-10, 1 VAC 50-20-40, 1 VAC 50-20-50, 1 VAC 50-20-110, 1 VAC 50-20-140, through 1 VAC 50-20-180, 1 VAC 50-20-230, 1 VAC 50-20-270, 1 VAC 50-20-310, 1 VAC 50-20-350, 1 VAC 50-20-390, 1 VAC 50-20-540 through 1 VAC 50-20-670; adding 1 VAC 50-20-1, 1 VAC 50-20-5, 1 VAC 50-20-142, 1 VAC 50-20-382, 1 VAC 50-20-384, 1 VAC 50-20-601, 1 VAC 50-20-605, 1 VAC 50-20-612, 1 VAC 50-20-614, 1 VAC 50-20-616; repealing 1 VAC 50-20-20, 1 VAC 50-20-30, 1 VAC 50-20-60 through 1 VAC 50-20-90, 1 VAC 50-20-120, 1 VAC 50-20-130, 1 VAC 50-20-190 through 1 VAC 50-20-220, 1 VAC 50-20-240, 1 VAC 50-20-250, 1 VAC 50-20-260, 1 VAC 50-20-280, 1 VAC 50-20-290, 1 VAC 50-20-300, 1 VAC 50-20-320, 1 VAC 50-20-330, 1 VAC 50-20-340, 1 VAC 50-20-360, 1 VAC 50-20-370, 1 VAC 50-20-380, 1 VAC 50-20-400 through 1 VAC 50-20-530, 1 VAC 50-20-680, 1 VAC 50-20-690, 1 VAC 50-20-700.)

A public hearing will be held July 18, 2005, at 10 a.m. at the Commission on Local Government in Richmond. Written public comment will be accepted until August 1, 2005.

The proposed amendments add language to reflect changes made to the Code of Virginia for property-owner initiated annexations, transition of city to town status, consolidations creating a new independent city, voluntary economic growth-sharing agreements, determination of city status, and additional public notice in the review of town-county agreements defining annexation rights. Provisions regarding the announcement and development of regulations are transferred to the public participation guidelines. Additional proposed changes (i) increase the commission's authority in the conduct of its proceedings, (ii) allow for the electronic filing of exhibits and materials, and (iii) allow for the prefiling of direct testimony.

For additional information contact: Ted McCormack, Associate Director, Commission on Local Government, (804) 786-6508, or e mail ted.mccormack@dhcd.virginia.gov.

 

TITLE 2. AGRICULTURE

PESTICIDE CONTROL BOARD

Notice of Additional Public Comment Period

2 VAC 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 Pesticide Control Board noticed a public comment period on the above-referenced proposed regulations (2 VAC 20-40) in the August 9, 2004, issue of the Virginia Register of Regulations (20:24 VA.R. 2717-2726 August 9, 2004).

The board is extending the deadline for receipt of public comment on the proposed regulation until September 15, 2005.

For more information contact: W. Wayne Surles, Executive Secretary, Virginia Pesticide Control Board, or e-mail wayne.surles@vdacs.virginia.gov.

 

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

STATE BOARD OF JUVENILE JUSTICE

6 VAC 35-10. Public Participation Guidelines (amending 6 VAC 35-10-10 through 6 VAC 35-10-50 and 6 VAC 35-10-70 through 6 VAC 35-10-110; adding 6 VAC 35-10-105, 6 VAC 35-10-120 through 6 VAC 35-10-150; and repealing 6 VAC 35-10-60).

A public hearing will be held November 9, 2005, at 10 a.m. at the Department of Juvenile Justice in Richmond. Written public comment may be submitted until November 25, 2005.

The proposed amendments (i) establish requirements for maintaining, updating, and purging lists of interested parties in the formation, development and promulgation of regulations; (ii) specify the documents to be sent to persons or entities on the mailing list; and (iii) delete existing requirements for advisory panels to have at least three members and to meet at least twice. Other proposed amendments include updating references to the Code of Virginia, deleting references to "operating units," and providing for notice and public hearing when the department acquires real property for certain purposes.

For additional information contact: Donald R. Carignan, Regulatory Coordinator, Department of Juvenile Justice, (804) 371-0743, or e-mail don.carignan@djj.virginia.gov.

 

TITLE 10. FINANCE AND FINANCIAL INSTITUTIONS

STATE CORPORATION COMMISSION

Withdrawal of Proposed Regulation

10 VAC 5-20. Banking and Savings Institutions (adding 10 VAC 5-20-50).

The State Corporation Commission has WITHDRAWN the proposed regulation relating to exemption from loan-to-value limitation for interest-only equity lines (BFI 2004-00108; 10 VAC 5-20-50), which was published in 21:1 VA.R. 20-21 September 20, 2004. Chapter 263 of the 2005 Acts of Assembly
completely eliminates the 50% loan-to-value limitation in § 6.1-63 A of the Code of Virginia. The legislation is effective July 1, 2005. The Dismissal Order on the proposed regulation was published in 21:17 VA.R. 2305 May 2, 2005.

For further information contact: E. J. Face, Jr., Commissioner, Bureau of Financial Institutions, State Corporation Commission, (804) 371-9659, or e-mail jface@scc.virginia.gov.

 

TITLE 11. GAMING

VIRGINIA RACING COMMISSION

11 VAC 10-20. Regulations Pertaining to Horse Racing With Pari-Mutuel Wagering (amending 11 VAC 10-20-240).

A public hearing will be held June 15, 2005, at 9:30 a.m. in New Kent. Written public comment will be accepted until July 29, 2005.

The amendments specify certain procedures for the transfer or acquisition of an interest in an existing owner's, owner-operator's or operator's license. In those cases where the applicant has not sought the approval of the commission, the Commission may take actions against the holder of the existing license.

For additional information contact: David S. Lermond, Jr., Regulatory Coordinator, Virginia Racing Commission, (804) 966-7404, or e-mail david.lermond@vrc.virginia.gov.

 

TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

12 VAC 30-50. Amount, Duration, and Scope of Medical and Remedial Care Services (amending 12 VAC 30-50-130).

12 VAC 30-60. Standards Established and Methods Used to Assure High Quality Care (amending 12 VAC 30-60-61).

12 VAC 30-130. Amount, Duration and Scope of Selected Services (amending 12 VAC 30-130-860 through 12 VAC 30-130-890).

Written public comments will be accepted until July 29, 2005, Department of Medical Assistance Services, Richmond.

The proposed amendments implement coverage of new community-based, residential mental health services as mandated by Item 325 QQQ of the 2003 Appropriation Act. Amendments differentiate service intensity into two separate levels of service (A and B) and designate the highest intensity level of residential treatment programs as Level C. This regulation also describes provider requirements for the various levels of service and adds the requirement that a physician sign and date the plan of care.

For additional information contact: Catherine Hancock, Project Manager, Department of Medical Assistance Services, (804) 225-4272, or e-mail cathrine.hancock@dmas.
virginia.gov.

 

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR CONTRACTORS

18 VAC 50-22. Board for Contractors Regulations (amending 18 VAC 50-22-10, 18 VAC 50-22-20, 18 VAC 50-22-30, 18 VAC 50-22-50, 18 VAC 50-22-60, 18 VAC 50-22-100, 18 VAC 50-22-140, 18 VAC 50-22-170, 18 VAC 50-22-250, and 18 VAC 50-22-260; repealing 18 VAC 50-22-270).

Public hearings will be held June 14, 2005, at 1 p.m. in Richmond; July 13, 2005, at 7 p.m. in Abingdon; and July 14, 2005, at 7 p.m. in Chesapeake. An additional hearing will be scheduled in Prince William or Fairfax. Written public comment will be accepted until July 29, 2005.

The proposed amendments (i) remove the alarm/security systems specialty classification from the regulations; (ii) require tradesmen to supervise helpers and laborers; (iii) increase the license reinstatement period from six months to one year; (iv) remove the requirement that contracts include the expiration date of the contractor's license; and (v) clarify the language in a number of places regarding the definition or the scope of several specialties and the fee schedule.

For further information contact: Eric Olson, Executive Director, Board for Contractors, (804) 367-2785, or e-mail eric.olson@dpor.virginia.gov.

 

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

18 VAC 85-40. Regulations Governing the Practice of Respiratory Care Practitioners (amending 18 VAC 85-40-66).

A public hearing will be held July 14, 2005, at 8 a.m. Department of Health Professions, Richmond. Written public comment will be accepted until July 29, 2005, Department of Health Professions, Richmond.

The proposed amendment recognizes courses directly related to the practice of respiratory care that are approved by the American Medical Association for Category 1 CME credit as meeting the required hours for renewal of licensure as a respiratory care practitioner.

For more information contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, (804) 662-9918, or e-mail elaine.yeatts@dhp.virginia.gov.

BOARD OF NURSING

18 VAC 90-25. Regulations Governing Certified Nurse Aides (amending 18 VAC 90-25-80).

A public hearing will be held on July 19, 2005, at 1:30 p.m., at the Department of Health Professions in Richmond. Written public comment will be accepted until July 29, 2005.

The proposed amendments increase the biennial renewal fee for certified nurse aides from $45 to $50.

For further information contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, (804) 662-9918, or e-mail elaine.yeatts@dhp.virginia.gov.

BOARD OF OPTOMETRY

18 VAC 105-20. Regulations Governing the Practice of Optometry (amending 18 VAC 105-20-10, 18 VAC 105-20-15, 18 VAC 105-20-20, 18 VAC 105-20-70; adding 18 VAC 105-20-5, 18 VAC 105-20-16).

18 VAC 105-30. Regulations for Certification of Optometrists to Use Therapeutic Pharmaceutical Agents (repealing 18 VAC 105-30-10 through 18 VAC 105-30-120).

A public hearing will be held June 8, 2005, at 11 a.m. at the Board of Optometry in Richmond. Written public comment will be accepted until July 29, 2005.

The proposed amendments incorporate the requirements for initial licensure with therapeutic pharmaceutical agents (TPA) certification, fees for applications and renewals, and the continuing education requirement for TPA-certified optometrists into 18 VAC 105-20, Regulations Governing the Practice of Optometry. This action will replace the emergency regulations that have been in effect since December 8, 2004.

The board is also repealing 18 VAC 105-30, Regulations on Certification of Optometrists to Use Therapeutic Pharmaceutical Agents.

For additional information contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Board of Optometry, (804) 662-9918, or e-mail elaine.yeatts@dhp.virginia.gov.

BOARD OF PHARMACY

18 VAC 110-20. Regulations Governing the Practice of Pharmacy (amending 18 VAC 110-20-320).

A public hearing will be held June 7, 2005, at 9 a.m. at the Board of Pharmacy in Richmond. Written public comment will be accepted until July 29, 2005.

The amendment limits the time for dispensing or refilling Schedule VI drugs to one year from date of issuance unless the prescriber specifies a longer period, not to exceed two years.

For further information contact: Elizabeth Scott Russell, RPh, Executive Director, Board of Pharmacy, (804) 662-9911, or e-mail elizabeth.russell@dhp.virginia.gov.

BOARD OF COUNSELING

18 VAC 115-20. Regulations Governing the Practice of Professional Counseling (amending 18 VAC 115-20-130, 18 VAC 115-20-140, and 18 VAC 115-20-150).

18 VAC 115-50. Regulations Governing the Practice of Marriage and Family Therapy (amending 18 VAC 115-50-110, 18 VAC 115-50-120, and 18 VAC 115-50-130).

18 VAC 115-60. Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners (amending 18 VAC 115-60-130, 18 VAC 115-60-140, and 18 VAC 115-60-150).

A public hearing will be held June 2, 2005, at 9 a.m. at the Board of Counseling in Richmond. Written public comment will be accepted until July 29, 2005.

The proposed changes clarify, update, and make consistent the standards of conduct that apply to professional counselors, marriage and family therapists, and substance abuse treatment practitioners.

For additional information contact: Evelyn B. Brown, Executive Director, Board of Counseling, (804) 662-9133, or e-mail evelyn.brown@dhp.virginia.gov.

 

TITLE 22. SOCIAL SERVICES

STATE BOARD OF SOCIAL SERVICES

22 VAC 40-901. Community Services Block Grant Program (amending 22 VAC 40-901-10; adding 22 VAC 40-901-40 through 22 VAC 40-901-90).

Written public comments may be submitted until July 29, 2005.

The proposed amendments establish the process for providing community action agency services to low-income individuals and families in areas of the Commonwealth that do not currently receive those services.

The amendments lay out the preferences stated in federal law for expansion of community action agencies into unserved areas of the Commonwealth. The amendments address the process for expanding the services area of an existing community action agency and designation of a new community action agency. In addition, amendments address funding for new community action agencies and agencies that have expanded their service area.

For more information contact: J. Mark Grigsby, Director, Office of Community Services, Department of Social Services, (804) 726-7922, or e-mail james.grigsby@dss.
virginia.gov.

 
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