Division of Legislative Services > Legislative Record > 2006

Regulatory Alert

A Convenient Guide to Regulatory Activity in the Commonwealth

September, 2006

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 4. CONSERVATION AND NATURAL RESOURCES

DEPARTMENT OF MINES, MINERALS AND ENERGY

4 VAC 25-130. Coal Surface Mining Reclamation Regulations. (amending 4 VAC 25-130-700.12, 4 VAC 25-130-773.21, 4 VAC 25-130-775.11, 4 VAC 25-130-775.13, 4 VAC 25-130-784.20, 4 VAC 25-130-800.51, 4 VAC 25-130-816.105, 4 VAC 25-130-817.11, 4 VAC 25-130-817.64, 4 VAC 25-130-817.121, 4 VAC 25-130-842.15, 4 VAC 25-130-843.12, 4 VAC 25-130-843.13, 4 VAC 25-130-843.15, 4 VAC 25-130-843.16, 4 VAC 25-130-845.13, 4 VAC 25-130-845.15, 4 VAC 25-130-845.18, 4 VAC 25-130-845.19, 4 VAC 25-130-846.14).

Written public comment may be submitted to the Department of Mines, Minerals and Energy until 5 p.m. on November 3, 2006.

The proposed amendments (i) revise references to sections in the Virginia Administrative Process Act to reflect its current numbering, (ii) provide direction as to where requests for formal administrative review and notices of judicial appeal shall be filed, (iii) maintain consistency with corresponding federal amendments regarding survey requirements and the rebuttable presumption of subsidence determinations, (iv) maintain consistency with federal regulations regarding thick overburden, (v) maintain consistency between requirements for surface mines and underground mines, and (vi) increase the civil penalties for violations of the Virginia Coal Surface Mining Control and Reclamation Act that result in personal injury or fatality consistent with amendments to the Act.

For additional information please contact Gavin Bledsoe, Department of Mines, Minerals and Energy, (276) 523-8157, FAX (275) 523-8163, or e-mail gavin.bledsoe @dmme.virginia.gov.


TITLE 12. HEALTH

STATE BOARD OF HEALTH

12 VAC 5-31. Virginia Emergency Medical Services Regulations (adding 12 VAC 5-31-2300 through 12 VAC 5-31-2970).

12 VAC 5-40. Regulations Governing Financial Assistance for Emergency Medical Services (repealing 12 VAC 5-40-10 through 12 VAC 5-40-190).

Written public comment may be submitted to the Department of Health until November 18, 2006.

The proposed action repeals existing 12 VAC 5-40, Regulations Governing Financial Assistance for Emergency Medical Services, and concurrently adds those provisions to existing regulation 12 VAC 5-31. The proposed regulations (i) update the financial assistance requirements to reflect the practices that have been followed since the beginning of the 1990s and (ii) establish provisions to reflect the current practices followed regarding regional emergency medical services councils.

For more information please contact Michael D. Berg, Regulation and Compliance, Department of Health, (804) 864-7600, FAX (804) 864-7580, or e-mail michael.berg @vdh.virginia.gov.

STATE BOARD OF HEALTH

12 VAC 5-585. Biosolids Use Regulations (adding 12 VAC 5-585-760 through 12 VAC 5-585-830).

A public hearing will be held October 4, 2006, at 7 p.m., Virginia Department of Health, Richmond, Virginia. Written public comment may be submitted to Virginia Department of Health until November 10, 2006.

The amendment provides regulations and standards for training, testing, and certification of persons who land apply Class B sewage sludge (biosolids) in the Commonwealth, and for revoking, suspending or denying such certification from any person for cause. The amended regulations are to include standards and criteria for the approval of instructional programs to be taught by governmental entities and by the private sector for the purpose of certifying biosolids land applicators.

For more information please contact C.M. Sawyer, Virginia Department of Health, (804) 864-7463 or FAX (804) 864-7475.


TITLE 13. HOUSING

VIRGINIA HOUSING DEVELOPMENT AUTHORITY

REGISTRAR'S NOTICE: The Virginia Housing Develop-ment 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, it is required to publish all proposed and final regulations.

13 VAC 10-50. Rules and Regulations for Home Rehabilitation Loans. (repealing 13 VAC 10-50-10 through 13 VAC 10-50-100).

A public hearing will be held September 14, 2006, at 10 a.m., Virginia Housing Development Authority, Richmond, Virginia. Written public comment may be submitted to the Virginia Housing Development Authority until 5 p.m. on September 14, 2006.

The authority's rules and regulations for the home rehabilitation loan program are being repealed because the program authorized by such rules and regulations has been terminated.

For additional information please contact J. Judson McKellar, Jr., Virginia Housing Development Authority, (804) 343-5540, FAX (804) 783-6701, toll free 1-800-968-7837, or email judson.mckellar@vhda.com.

VIRGINIA HOUSING DEVELOPMENT AUTHORITY

13 VAC 10-120. Rules and Regulations for REACH Virginia (amending 13 VAC 10-120-10 through 13 VAC 10-120-80).

A public hearing will be held September 14, 2006, at 10 a.m., Virginia Housing Development Authority, Richmond, Virginia. Written public comment may be submitted to the Virginia Housing Development Authority until 5 p.m. on September 14, 2006.

The proposed amendments to the authority's rules and regulations for the Virginia Housing Fund will (i) include references to REACH Virginia that supersede the authority's Virginia Housing Fund and that provide increased funding for housing previously assisted by the authority through the Virginia Fund and (ii) make related technical changes.

For additional information please contact J. Judson McKellar, Jr., Virginia Housing Development Authority, (804) 343-5540, FAX (804) 783-6701, toll free 1-800-968-7837, or email judson.mckellar@vhda.com.


TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

AUCTIONEERS BOARD

18 VAC 25-21 Regulations of the Virginia Auctioneers Board (amending 18 VAC 25-21-80, 18 VAC 25-21-90, 18 VAC 25-21-180; adding 18 VAC 25-21-230 through 18 VAC 25-21-280).

A public hearing will be held October 5, 2006, at 10 a.m., Department of Professional and Occupational Regulation, Richmond, Virginia. Written public comment may be submitted until November 3, 2006, Department of Professional and Occupational Regulation.

The proposed amendments implement a mandatory continuing education program for the renewal and reinstatement of auctioneer licenses as required by Chapter 956 of the 2004 Acts of Assembly.

For further information please contact Marian H. Brooks, Department of Professional and Occupational Regulation, (804) 367-8514, FAX (804) 367-0795, or e-mail auctioneers@dpor.virginia.gov.

CEMETERY BOARD

18 VAC 47-20. Cemetery Board Rules and Regulations (amending 18 VAC 47-20-10; adding 18 VAC 47-20-35, 18 VAC 47-20-250, 18 VAC 47-20-260, 18 VAC 47-20-270; repealing 18 VAC 47-20-240).

A public hearing will be held October 17, 2006, at 10:30 a.m., Department of Professional and Occupational Regulation, Richmond, Virginia. Written public comment may be submitted to the Department of Professional and Occupational Regulation until November 3, 2006.

To conform the regulations with Chapters 192 and 247 of the 2004 Acts of Assembly, the proposed amendments establish qualifications and standards of conduct for compliance agents employed by cemetery companies and add a section on protection of perpetual care and preneed trust funds.

For more information please contact Christine Martine, Department of Professional and Occupational Regulation, (804) 367-8552, FAX (804) 367-6946, or e-mail cemetery@dpor.virginia.gov.

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

18 VAC 120-40. Virginia Professional Boxing and Wrestling Events Regulations (amending 18 VAC 120-40-10, 18 VAC 120-40-20, 18 VAC 120-40-80 through 18 VAC 120-40-360, 18 VAC 120-40-390, 18 VAC 120-40-410, 18 VAC 120-40-420, 18 VAC 120-40-430; adding 18 VAC 120-40-15, 18 VAC 120-40-221, 18 VAC 120-40-222, 18 VAC 120-40-295, 18 VAC 120-40-342, 18 VAC 120-40-385, 18 VAC 120-40-411, 18 VAC 120-40-411.1 through 18 VAC 120-40-411.21, 18 VAC 120-40-415, 18 VAC 120-40-415.1, 18 VAC 120-40-415.2, 18 VAC 120-40-415.3; repealing 18 VAC 120-40-370, 18 VAC 120-40-380, 18 VAC 120-40-400).

Written public comment may be submitted to the Department of Professional and Occupational Regulation until November 3, 2006.

The proposed amendments include restructuring the regulations to better distinguish between boxing (including kick boxing, mixed martial arts, and other similar contests) and wrestling. The changes separate duties of event officials into two parts: (i) boxing, kick boxing and similar contests; and (ii) wrestling. The changes separate the event licensing and standards of conduct into three parts: (i) boxing; (ii) kick boxing and similar contests; and (iii) wrestling. The changes are made to comply with Chapter 287 of the 2005 Acts of Assembly that incorporate generally accepted industry standards and make the regulations easier to use.

For additional information please contact Karen W. O'Neal, Department of Professional and Occupational Regulation, (804) 367-8537, FAX (804) 367-2475, or e-mail karen.oneal@dpor.virginia.gov.


TITLE 22. SOCIAL SERVICES

STATE BOARD OF SOCIAL SERVICES

22 VAC 40-20. Food Stamp Program - Income Conversion Method (repealing 22 VAC 40-20-10).

22 VAC 40-540. Allowance of Telephone Costs in the Food Stamp Program (repealing 22 VAC 40-540-10).

22 VAC 40-600. Food Stamp Program Administrative Disqualification Hearings (repealing 22 VAC 40-600-10 through 22 VAC 40-600-240).

22 VAC 40-601. Food Stamp Program (adding 22 VAC 40-601-10 through 22 VAC 40-601-40).

Written public comment may be submitted to the Department of Social Services until November 3, 2006.

This is a joint action to repeal three regulations, 22 VAC 40-20, 22 VAC 40-540, and 22 VAC 40-600, that affect different aspects of the Food Stamp Program and incorporate them into a single regulation to streamline the regulatory structure for the program. The new regulation, 22 VAC 40-601, will serve as a comprehensive regulation for the Food Stamp Program. The regulation addresses eligibility determination through the conversion of weekly or biweekly income to monthly amounts and use of a standard amount for the basic cost for telephone service. The regulation also includes an administrative hearing process to determine intentional program violations.

For additional information please contact Celestine Jackson, Department of Social Services, (804) 726-7376, Fax (804) 726-7356, or e-mail celestine.jackson@dss.virginia.gov.

STATE BOARD OF SOCIAL SERVICES

22 VAC 40-25. Auxiliary Grants Program (amending 22 VAC 40-25-10 through 22 VAC 40-25-70; adding 22 VAC 40-25-45).

Written public comment may be submitted to the Department of Social Services until November 3, 2006.

This regulatory action updates terminology and establishes guidelines and expectations relative to (i) the requirements to participate in the Auxiliary Grants Program, (ii) minimum services to be provided, and (iii) establishment of reimbursable rates and reporting requirements. Changes provide that (a) only the recipient or representative is authorized to cash or deposit the auxiliary grant payment, (b) providers must submit an annual audit report instead of the current annual cost report, and (c) providers are prohibited from charging additional fees to recipients. The term "adult care residence" is replaced with "adult living facility."

For more information please contact Sandra Coffey, Virginia Department of Social Services, (804) 662-9784, FAX (804) 662-7023, e-mail sandra.coffey@dss.virginia.

22 VAC 40-41. Neighborhood Assistance Tax Credit Program (amending 22 VAC 40-41-10 through 22 VAC 40-41-50, 22 VAC 40-41-55 and 22 VAC 40-41-60).

Written public comments may be submitted to the Virginia Department of Social Services until November 3, 2006.

The Board of Social Services (board) proposes to amend the Neighborhood Assistance Tax Credit Program (program) by capping the tax credits available to any one eligible organization in a given year at $500,000. The proposed regulation also promulgates an inclusion of an eligibility requirement that at least 60% of a program's clients must be impoverished and requires organizations that apply for inclusion into the program expend at least 75% of revenues received in any given year for ongoing programs during that year and limits the tax credit that can be taken by businesses that donate goods for sale, auction or raffle to the lesser of either Internal Revenue Service (IRS) valuation or actual proceeds generated for the eligible organization.

For additional information please contact J. Mark Grigsby, Virginia Department of Social Services, (804) 726-7922, FAX (804) 726-7946, or e-mail celestine.jackson @dss.virginia.gov.

STATE BOARD OF SOCIAL SERVICES

22 VAC 40-880. Child Support Enforcement Program (amending 22 VAC 40-880-200, 22 VAC 40-880-250, 22 VAC 40-880-270, 22 VAC 40-880-350 and 22 VAC 40-880-620).

Written public comments may be submitted to the Department of Social Services until November 3, 2006.

The proposed amendments update outdated code cites and references to the noncustodial and custodial parents; outline DCSE requirements for consideration of self-employment tax paid in the computation of a support obligation; conform state regulations to state law; allow the department to negotiate for payment in full from the noncustodial parent before seized property is returned to the noncustodial parent; and give authority to the department to not issue refund checks for less than $1.

For more information please contact Cynthia Holdren, Department of Social Services, (804) 726-7474, FAX (804) 726-7482, or e-mail cynthia.holdren@dss.virginia.gov.

 

Division of Legislative Services > Legislative Record > 2006 

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