Division of Legislative Services > Legislative Record > 2007

Regulatory Alert

A Convenient Guide to Regulatory Activity in the Commonwealth

June, 2007

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.



Reproposed Regulation
2 VAC 20-51. Regulations Governing Pesticide Applicator Certification Under Authority of Virginia Pesticide Control Act (amending 2 VAC 20-51-10 through 2 VAC 20-51-50, 2 VAC 20-51-70, 2 VAC 20-51-90, 2 VAC 20-51-100, 2 VAC 20-51-160, 2 VAC 20-51-170, 2 VAC 20-51-200, and 2 VAC 20-51-210).


The proposed amendments (i) add new definitions to clarify who must be certified and keep pesticide application records; (ii) add new definitions to clarify the required supervision standard for people training to become applicators; (iii) add categories and subcategories of pesticide applicators; (iv) establish minimum standards for on-the-job training for registered technicians when working in different categories or subcategories; (v) establish a time frame within which a person would have to finish training and take the registered technician examination; (vi) eliminate the provision allowing businesses or agencies to proctor the registered technician examination to their own employees; and (vii) require applicators not for hire to keep records of all pesticides applied, not just those that are restricted use.

For additional information contact W. Wayne Surles, Program Manager, Pesticide Control Board, Richmond, VA telephone (804) 371-6558, FAX (804) 371-8598, or email wayne.surles@vdacs.virginia.gov.



Proposed Regulation
2 VAC 5-206. Regulation for Scrapie Eradication (adding 2 VAC 5-206-10 through 2 VAC 5-206-50).

A public hearing will be held August 23, 2007, at 9:30 a.m., Richmond, Virginia. Written public comment may be submitted until August 24, 2007.


The proposed regulation meets the minimum requirements of the "Scrapie Eradication State-Federal-Industry Uniform Methods and Rules" established by the USDA /Animal Plant Health Inspection Service (APHIS) in August 2002, and revised in October 2003. The proposed regulation provides guidance for the prevention, monitoring, control, and eradication of scrapie disease from domestic sheep flocks and goat herds in Virginia and for maintenance of state status in the USDA Scrapie Eradication Program.

For more information contact David Cardin, D.V.M. Deputy State Veterinarian, Division of Animal and Food Industry Services, telephone (804) 692-0601, FAX (804) 371-2380, or email david.cardin@vdacs.virginia.gov.



Proposed Regulation
6 VAC 40-50. Regulations for the Approval of Marijuana Field Tests for Detection of Marijuana Plant Material (adding 6 VAC 40-50-10 through 6 VAC 40-50-80).

A public hearing will be held August 8, 2007 at 10 a.m., Richmond, Virginia. Written public comment may be submitted until 5 p.m. on August 24, 2007.


Section 19.2-188.1 B of the Code of Virginia provides that the Department of Forensic Science shall approve marijuana field tests for use by law-enforcement officers to enable them to testify to the results obtained in any trial for a violation of § 18.2-250.1 regarding whether or not any plant material, the identity of which is at issue, is marijuana. These new regulations establish the process of approval, approval authority, criteria for approval, notification methods, fee assessment, and publication procedures associated with marijuana field tests or marijuana field test kits submitted by manufacturers to the department.

For additional information contact Michele M. Gowdy, Department Counsel, Board of Forensic Science, telephone (804) 786-6848, FAX (804) 786-6857, or email michele.gowdy@dfs.virginia.gov.



Proposed Regulation
9 VAC 20-80. Solid Waste Management Regulations (amending 9 VAC 20-80-10, 9 VAC 20-80-60, 9 VAC 20-80-250, 9 VAC 20-80-260, 9 VAC 20-80-270, 9 VAC 20-80-280, 9 VAC 20-80-485, 9 VAC 20-80-500, and 9 VAC 20-80-510).

Written public comment may be submitted until 5 p.m. on September 7, 2007. A public hearing will be held August 13, 2007 at 1 p.m. at the Department of Environmental Quality, Richmond, VA.


The proposed amendments (i) clarify the closure definition and procedure with particular reference to § 10.1-1413.2 of the Code of Virginia landfills; (ii) address plans and actions related to the management of landfill gas and odors; (iii) provide an option for facilities to apply for research, design, and development, and (iv) streamline public participation requirements by deleting automatic public hearings for certain permit or amendment issuance process. Secondly, the proposed amendments broaden the definition of airport to include military airfields and are intended to ensure consistent wording in sections concerning safety plans and permitting timeframes. Finally, the amendments incorporate citations referencing two new statutory provisions for a landfill location that is protective with respect to water supplies and wetlands and certification of permit application consistency with local government waste management plans.

For more information contact Allen R. Brockman, Department of Environmental Quality, telephone (804) 698-4468, FAX (804) 698-4327, or email arbrockman@deq.virginia.gov.



Proposed Regulation
12 VAC 30-80. Methods and Standards for Establishing Payment Rates; Other Types of Care (amending 12 VAC 30-80-30 and adding 12 VAC 30-80-75).

Written public comment may be submitted until August 10, 2007.


This proposed regulation changes reimbursement for school divisions from statewide fee- for-service to a cost settlement process. School division providers shall file annual cost reports for these services and the department shall settle reimbursement to actual costs. Reimbursement to school divisions shall continue to be subject to the provisions of § 32.1- 326.3 A 1 of the Code of Virginia that only the federal share shall be reimbursed for special education health services and that local governments fund the state match for special education health services provided by school divisions. This reimbursement methodology change is being required by the Centers for Medicare and Medicaid Services, the federal funding agency for the Medicaid program.

For additional information contact Mike Lupien, Provider Reimbursement Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 786-3673, FAX (804) 786-1680, or email michael.lupien@dmas.virginia.gov.



Proposed Regulation
12 VAC 35-105. Rules and Regulations for the Licensing of Providers of Mental Health, Mental Retardation and Substance Abuse, the Individual and Family Developmental Disabilities Support Waiver and Residential Brain Injury Services (adding 12 VAC 35-105-115).

Written public comment may be submitted until August 24, 2007.

Summary :

This proposed action adds a new section to the existing Rules and Regulations for the Licensing of Providers of Mental Health, Mental Retardation, Substance Abuse, the Individual and Family Developmental Disabilities Support Waiver, and Residential Brain Injury Services that establishes a process for issuing an order of summary suspension of a license for group home or other residential services for adults in cases of immediate threat to the health, safety, and welfare of residents. It also includes provisions for scheduling and conducting an administrative hearing, including the appointment of a hearing officer by the Executive Secretary of the Supreme Court. The regulation is currently in effect as an emergency regulation that will expire in December 2007.

For additional information contact Leslie Anderson, Director, Office of Licensing, Department of Mental Health, Mental Retardation and Substance Abuse Services, telephone (804) 371-6885, FAX (804) 692-0066, or email leslie.anderson@co.dmhmrsas.virginia.gov.



Proposed Regulation
12 VAC 5-90. Regulations for Disease Reporting and Control (adding 12 VAC 5-90-370).

Written public comment may be submitted until August 24, 2007.


The proposed amendments identify the process acute care hospitals shall use in reporting healthcare-associated infections to the Centers for Disease Control and Prevention and the Virginia Department of Health. The type of infection and the methods and timing of reporting are defined.

For additional information contact Diane Woolard, Ph.D., MPH, Director, Division of Surveillance and Investigation, Department of Health, telephone (804) 864-8141, FAX (804) 864-8139, or email diane.woolard@vdh.virginia.gov.



Proposed Regulation
18 VAC 115-20. Regulations Governing the Practice of Professional Counseling (amending 18 VAC 115-20-10, 18 VAC 115-20-45, 18 VAC 115-20-49, 18 VAC 115-20-51, 18 VAC 115-20-52; repealing 18 VAC 115-20-120).

18 VAC 115-50. Regulations Governing the Practice of Marriage and Family Therapy (amending 18 VAC 115-50-10, 18 VAC 115-50-40, 18 VAC 115-50-55, 18 VAC 115-50-60).

18 VAC 115-60. Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners (amending 18 VAC 115-60-10, 18 VAC 115-60-50, 18 VAC 115-60-70, 18 VAC 115-60-80).

A public hearing will be held August 9, 2007, at 1 p.m., Richmond, VA. Written public comment may be submitted until 5 p.m. on August 10, 2007.


The board is amending existing regulations for supervision and residency to (i) address what constitutes professional training for an approved supervisor, (ii) remove contradictory and burdensome language regarding face-to-face supervision, and (iii) require registration of supervisors regardless of the exemption/nonexempt setting.

Further, the board is amending existing regulations regarding requirements for licensure by endorsement to allow for greater portability of licensure from state to state. The proposed regulations include language that will allow for the issuance of a license by endorsement to any individual who qualifies for such license pursuant to having met the qualifications for licensure in another state and demonstrated competency by practice for at least five of the past six years. The credentials for licensure that are filed with a board-recognized credentials registry, such as that of the American Association of State Counseling Boards, would be acceptable for licensure by endorsement.

For more information contact Evelyn B. Brown, Executive Director, Board of Counseling, telephone (804) 662-9133, FAX (804) 662-9943, or email evelyn.brown@dhp.virginia.gov.



Proposed Regulation
18 VAC 135-60. Common Interest Community Management Information Fund Regulations (amending 18 VAC 135-60-60).

A public hearing will be held on August 1, 2007, at 10 a.m., Richmond, VA. Written public comment may be submitted until 5 p.m. on August 24, 2007.


The proposed amendments increase fees that common interest communities (property owners’ associations, real estate cooperative associations and condominium associations) pay into the Common Interest Community Management Fund and institute a seven-tier graduated fee structure so that common interest communities with greater numbers of lots will proportionately pay higher fees.

For more information contact Thomas K. Perry, Property Registration Administrator, Department of Professional and Occupational Regulation, 3600 West Broad Street, Richmond, VA 23230, telephone (804) 367-8510, FAX (804) 367-2475, or email propreg@dpor.virginia.gov.



Proposed Regulation
18 VAC 135-20. Virginia Real Estate Board Licensing Regulations (amending 18 VAC 135-20-10, 18 VAC 135-20-30, 18 VAC 135-20-60, 18 VAC 135-20-100, 18 VAC 135-20-105, 18 VAC 135-20-160, 18 VAC 135-20-170, 18 VAC 135-20-180, 18 VAC 135-20-190, 18 VAC 135-20-210, 18 VAC 135-20-220, 18 VAC 135-20-300, 18 VAC 135-20-360, 18 VAC 135-20-370, 18 VAC 135-20-390; adding 18 VAC 135-20-345).

A public hearing will be held on August 1, 2007, at 10 a.m., Richmond, VA. Written public comment may be submitted until 5 p.m. on August 24, 2007.


The proposed amendments bring the regulations into compliance with Chapter 998 of the 2003 Acts of Assembly and Chapter 61 of the 2006 Acts of Assembly. Chapter 998 requires that real estate salespeople complete at least 30 hours of continuing education within two years of initial licensure (before they renew their licenses for the first time) and that brokers complete at least 16 hours of continuing education before biannual license renewal. Chapter 61 mandates that successful applicants for licensure have at least a high school diploma or its equivalent.

In addition, the proposed amendments (i) require that salesmen licensed by reciprocity take the state portion of the real estate salesperson’s exam before biennial license renewal even if they have upgraded to a broker’s license in the interim; (ii) require principal brokers to report all instances where they reasonably believe that escrow accounts are being improperly maintained; (iii) require licensees who are selling a property in which they (or a friend, family member or associate) have an ownership interest, disclose that interest as soon as any substantive discussions about that property are held; (iv) allow the board to suspend, revoke or fail to renew all licenses held by an individual at once; (v) require that licensees who provide prelicensure training take a “Train the Trainer” course, specify that the experience required of these licensees must be consecutive and “immediately prior to application” for approval as an instructor; (vi) reduce the number of years of experience that nonlicensee subject area prelicensure instructors must have in their area of expertise from five years to three years; and (vii) reword language in the fees section so that nonrevoked licenses will be valid for two calendar years.

For additional information contact Christine Martine, Executive Director, Real Estate Board, telephone (804) 367-8552, FAX (804) 367-6946, or email reboard@dpor.virginia.gov.



Proposed Regulation
18 VAC 10-20. Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations (amending 18 VAC 10-20-10, 18 VAC 10-20-280, 18 VAC 10-20-295, 18 VAC 10-20-310, 18 VAC 10-20-340, 18 VAC 10-20-350, 18 VAC 10-20-360, 18 VAC 10-20-380; adding 18 VAC 10-20-382, 18 VAC 10-20-392, and 18 VAC 10-20-395).

Written public comment may be submitted until September 13, 2007. A public hearing will be held on September 13, 2007, at 9 a.m. at the Perimeter Center, 9960 Mayland Drive, Suite 200, Richmond, VA.


The proposed amendments implement a regulatory program for photogrammetrists, including standards for determination of topography, as permitted by Chapter 440 of the 2005 Acts of Assembly.

For more information contact Mark N. Courtney, Executive Director, Department of Professional and Occupational Regulation telephone (804) 367-8514, FAX (804) 367-0795, or email



Proposed Regulation
24 VAC 30-150. Land Use Permit Manual (REPEALED.)

24 VAC 30-151. Land Use Permit Manual (adding 24 VAC 30-151-10 through 24 VAC 30-151-760).

Written public comment may be submitted until September 9, 2007.

Public hearings will be held on August 2, 2007 at 10 a.m., VDOT Main Auditorium, First Floor, 731 Harrison Avenue, Salem, Virginia and on August 6, 2007 at 10 a.m., VDOT Conference Room, First Floor, 14685 Avion Parkway, Chantilly, Virginia and on August 10, 2007 at 10 a.m., VDOT Conference Room, Basement, Brookfield Office Park, 6600 West Broad Street, Richmond, Virginia


This proposed action repeals the existing Land Use Permit Manual and replaces it with a new regulation. The proposed changes require logging permits to be used as single use permits and eliminate the availability of blanket permits, provide that the Virginia Department of Transportation (VDOT) will no longer install entrance pipes where private driveways meet public roads and impose the responsibility for installation of the pipes on the property owners, permit roadside memorial signing under certain conditions, increase permit fees, add accommodation fees for utilities within limited access right-of-way, address the concept of access management in the review of commercial entrance permits, establish the authority for VDOT to adjust the application fee and additive fees by up to 25% on an annual basis, eliminate redundant and obsolete provisions, and make other clarification changes.

For additional information contact Mutaz Alkhadra, Land Use Permits Manager, Assets Management Division, Virginia Department of Transportation, telephone (804) 662-9403, FAX (804) 662-9426, or email mutaz.alkhadra@vdot.virginia.gov.

Division of Legislative Services > Legislative Record > 2007

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