Division of Legislative Services > Legislative Record > 2008

Regulatory Alert

A Convenient Guide to Regulatory Activity in the Commonwealth

October, 2008

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.



2VAC5-200. Rules and Regulations Pertaining to the Disposal of Entire Flocks of Dead Poultry (amending 2VAC5-200-10, 2VAC5-200-20, 2VAC5-200-30, 2VAC5-200-50, 2VAC5-200-60).

A public hearing will be held on December 4, 2008 at 10 a.m. in the Oliver Hill Building, Virginia Department of Agriculture and Consumer Services, Richmond, VA. Written public comments may be submitted until December 26, 2008.


The proposed regulation amends the acceptable methods of carcass disposal to permit composting or other methods approved by the State Veterinarian; adds language on provisions governing composting; and amends the requirement to file disposal plans. The substantive changes proposed by this action include adding "composting" as a method of disposing of poultry destroyed to prevent the spread of an infectious or contagious disease; amending the definitions of "incinerator" and "landfill" to mirror definitions in the Code of Virginia; removing the definition of "infectious and contagious disease"; amending the definition of "person" to remove the terminology "for profit" (as well as removing this terminology from other locations within the proposed regulation) to reflect that the regulation applies not only to for-profit operations, but also to those that are not-for-profit.

For more information, please contact Colleen Calderwood, DVM, Program Manager, Department of Agriculture and Consumer Services, Richmond, VA 23218, telephone (804) 786-2483, FAX (804) 371-2380, or email colleen. calderwood @vdacs .virginia.gov.



4VAC25-40. Safety and Health Regulations for Mineral Mining (amending 4VAC25-40-25, 4VAC25-40-90, 4VAC25-40-120, 4VAC25-40-130, 4VAC25-40-190, 4VAC25-40-260, 4VAC25-40-350, 4VAC25-40-410, 4VAC25-40-720, 4VAC25-40-780, 4VAC25-40-800, 4VAC25-40-810, 4VAC25-40-880, 4VAC25-40-890, 4VAC25-40-1600, 4VAC25-40-2790, 4VAC25-40-2800, 4VAC25-40-2980, 4VAC25-40-3800, 4VAC25-40-3830, 4VAC25-40-3840, 4VAC25-40-3990, 4VAC25-40-4060, 4VAC25-40-4240, 4VAC25-40-4260, 4VAC25-40-4400; adding 4VAC25-40-365, 4VAC25-40-893, 4VAC25-40-925, 4VAC25-40-1095, 4VAC25-40-4061, 4VAC25-40-4062, 4VAC25-40-4063, 4VAC25-40-4064, 4VAC25-40-4065, 4VAC25-40-4066; repealing 4VAC25-40-3050 through 4VAC25-40-3090, 4VAC25-40-3110, 4VAC25-40-3120).

A public hearing will be held on November 12, 2008 at 10 a.m. at the Department of Mines, Minerals and Energy, Charlottesville, VA. Written public comment may be submitted until 5 p.m. on December 26, 2008.


As a result of a periodic review, the Department of Mines, Minerals and Energy (DMME) is amending 4VAC25-40, Safety and Health Regulations for Mineral Mining. The amendments improve this chapter by making technical corrections, clarifying unclear language, updating references, making the regulation internally consistent and consistent with the Code of Virginia, and strengthening certain provisions relating to mine safety. Sections to be strengthened relate to blasting, mine rescue, and construction andmaintenance of mine structures.

For more information, please contact David Spears, Regulatory Coordinator, Department of Mines, Minerals and Energy, Richmond, VA, telephone (804) 692-3212, FAX (804) 692-3237, or email david.spears@dmme.virginia.gov.



REGISTRAR'S NOTICE: The following regulation filed by the Virginia Soil and Water Conservation Board is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 9 of the Code of Virginia, which exempts general permits issued by the Virginia Soil and Water Conservation Board pursuant to the Virginia Stormwater Management Act (§ 10.1-603.1 et seq. of the Code of Virginia), if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01; (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit; (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03; and (iv) conducts at least one public hearing on the proposed general permit.

4VAC50-60. Virginia Stormwater Management Program (VSMP) Permit Regulations (amending 4VAC50-60-10, 4VAC50-60-1100 through 4VAC50-60-1190; adding 4VAC50-60-1182, 4VAC50-60-1184, 4VAC50-60-1186, 4VAC50-60-1188).

The following public hearings will be held:

December 2, 2008 at 7 p.m. - City of Manassas Council Chambers, Manassas, VA

December 3, 2008 at 7 p.m. - City of Roanoke Council Chambers, Noel C. Taylor Municipal Building, Roanoke, VA

December 10, 2008 at 7 p.m. - City of Williamsburg Council Chambers, 412 North Boundary Street, Williamsburg, VA

Written public comment may be submitted until 5 p.m. on December 26, 2008.


This regulatory action amends the Virginia Soil and Water Conservation Board’s Virginia Stormwater Management Program (VSMP) Permit Regulations by developing a new General Permit for Stormwater Discharges from Construction Activities and amending associated definitions contained in Part I of the regulations. Regulations developed under the federal Clean Water Act (33 USC § 1251 et seq.) and Article 1.1 (§ 10.1-603.1 et seq.) of Chapter 6 of Title 10.1 of the Code of Virginia require that VSMP permits be effective for a fixed term not to exceed five years (§ 10.1-603.2:2 B) of the Code of Virginia. The existing five-year general permit was issued on July 1, 2004, thus necessitating the promulgation of a new general permit by the June 30, 2009, expiration date.

For more information, please contact David C. Dowling, Policy, Planning, and Budget Director, Department of Conservation and Recreation, Richmond, VA, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.



12VAC5-120. Regulations for Testing Children for Elevated Blood-Lead Levels (amending 12VAC5-120-10, 12VAC5-120-30; adding 12VAC5-120-35).

A public hearing will be held on December 10, 2008 at 10 a.m. at the Madison Building, Richmond, VA. Written public comment may be submitted until 5 p.m. on December 26, 2008.

The proposed amendments permit the use of the Clinical Laboratory Improvement Amendments (CLIA)-waived instruments for point-of-care testing to screen for elevated blood-lead levels, provided any elevated blood-lead level is followed up with a venous blood-lead test performed by a qualified laboratory. The proposed amendments also require health care providers to make information available on the dangers of lead poisoning, along with a list of available resources, to parents as part of regular well-check visits for all children up to 72 months of age.

For more information, please contact Nancy Van Voorhis, Director, Lead Safe Virginia, Department of Health, Richmond, VA, telephone (804) 864-7694, or email nancy.vanvoorhis @vdh.virginia.gov.



12VAC35-190. Regulations Establishing Procedures for Voluntarily Admitting Persons Who Are Mentally Retarded to State Mental Retardation Facilities (amending 12VAC35-190-10, 12VAC35-190-21, 12VAC35-190-30, 12VAC35-190-41, 12VAC35-190-51).

Written public comment may be submitted until December 26, 2008.


This action revises the statutory references to reflect the recent recodification of Title 37.1 to Title 37.2 of the Code of Virginia. Changes have been made to definitions of "authorized representative," "case management community services board," "mental retardation" and several other terms for clarity and consistency with the Code of Virginia and other regulations of the board. The application process and requirements are revised to require that the diagnosis of mental retardation be made by a "licensed professional," which has been defined in the regulations. The required timeframe for a decision on a request for admission has been reduced from 30 to 10 working days from the date of receipt of the completed application package.

For additional information, please contact Dawn Traver, Office of Mental Retardation Services, Department of Mental Health, Mental Retardation and Substance Abuse Services, Richmond, VA, telephone (757) 253-4316, FAX (757) 253-5440, or email dawn.traver@co.dmhmrsas.virginia.gov.



18VAC30-20. Regulations Governing the Practice of Audiology and Speech-Language Pathology (amending 18VAC30-20-160; adding 18VAC30-20-185).

Written public comment may be submitted until 5 p.m. on December 12, 2008.


The amendments allow an applicant whose license has been lapsed for five or more years to apply for reinstatement based on documentation of meeting current requirements for education, examination and certification or documentation of a current license in another jurisdiction in the United States and evidence of active practice for at least three of the past five years. If an applicant for reinstatement in audiology cannot meet the current licensure requirements or cannot document current licensure and active practice for three years, a third option is provided in the amended regulation. The applicant who has the educational qualifications and has passed the examination may be granted a provisional license and practice under supervision for six months and must be recommended for licensure by his supervisor.

New regulations for licensure by endorsement mirror the provisions for reinstatement of a lapsed Virginia license as evidence of current competency to practice.

For more information, please contact Lisa R. Hahn, Executive Director, Board of Audiology and Speech-Language Pathology, Richmond, VA, telephone (804) 367-4630, FAX (804) 527-4413, or email lisa.hahn@dhp.virginia.gov.



18VAC115-50. Regulations Governing the Practice of Marriage and Family Therapy (amending 18VAC115-50-40, 18VAC115-50-60).

A public hearing will be held on November 13, 2008 at 1 p.m. at the Department of Health Professions, Perimeter Center, Richmond, VA. Written public comment may be submitted until December 26, 2008.


The requirements for a residency in marriage and family therapy are amended to specify that at least 100 of the required 200 hours of face-to-face supervision must be provided by a person holding a license as a marriage and family therapist. The requirements for licensure by endorsement are amended to repeal the provision that allows a person holding a license as a licensed professional counselor to be licensed by endorsement without taking and passing the national examination in marriage and family therapy.

For more information, please contact Evelyn B. Brown, Executive Director, Board of Counseling, Richmond, VA 23233, telephone (804) 367-4488, FAX (804) 527-4435, or email evelyn.brown@dhp.virginia.gov.



18VAC110-20. Regulations Governing the Practice of Pharmacy (amending 18VAC110-20-10, 18VAC110-20-20 through 18VAC110-20-70, 18VAC110-20-80 through 18VAC110-20-104, 18VAC110-20-106 through 18VAC110-20-120, 18VAC110-20-130, 18VAC110-20-140, 18VAC110-20-180 through 18VAC110-20-210, 18VAC110-20-240, 18VAC110-20-270, 18VAC110-20-275, 18VAC110-20-280, 18VAC110-20-320, 18VAC110-20-340, 18VAC110-20-350, 18VAC110-20-355, 18VAC110-20-395, 18VAC110-20-410, 18VAC110-20-425, 18VAC110-20-440, 18VAC110-20-450, 18VAC110-20-460, 18VAC110-20-490, 18VAC110-20-500, 18VAC110-20-520 through 18VAC110-20-555, 18VAC110-20-570, 18VAC110-20-580, 18VAC110-20-590, 18VAC110-20-610, 18VAC110-20-620, 18VAC110-20-621, 18VAC110-20-622, 18VAC110-20-680 through 18VAC110-20-710, adding 18VAC110-20-286, 18VAC110-20-391, 18VAC110-20-535, 18VAC110-20-536).

Written public comment may be submitted until 5 p.m. on December 12, 2008.


The agency is amending regulations to address the numerous questions and recommendations that arose from the periodic review conducted by board members and advisors from all aspects of pharmacy practice. In some cases, there is a need for clarification of a rule; in others there is a need to amend the regulation to allow the practice of pharmacy to be more responsive to patient needs and changing times.

Some of the issues addressed include: (i) practical experience leading up to licensure by allowing interns to count hours within the school curriculum and by clearly delineating expiration dates for internships; (ii) oversight of continuing education approval by setting expiration dates for courses; (iii) guidance for free clinics to allow greater access to areas where drugs are kept; (iv) oversight of pharmacy technician training by setting a time limit on work by a person engaged in a program and an expiration for programs approved by the board; and (v) elimination of board approval of robotic systems by incorporating criteria for such systems in regulation.

For more information, please contact Elizabeth Scott Russell, RPh, Executive Director, Board of Pharmacy, Richmond, VA , telephone (804) 367-4456, FAX (804) 527-4472, or email scotti.russell@



22VAC30-40. Protection of Participants in Human Research (amending 22VAC30-40-10, 22VAC30-40-30 through 22VAC30-40-150; adding 22VAC30-40-160).

Written public comment may be submitted until December 27, 2008.


These regulations provide a basis for the Department of Rehabilitative Services (DRS) to oversee human subjects research involving the Department of Rehabilitative Services, the Woodrow Wilson Rehabilitation Center, sheltered workshops, and independent living centers. The proposed amendments: (i) make minor changes in language to ensure consistency with 45 CFR 46.101 et seq.; (ii) change the definition of sheltered workshop so that only those vocational rehabilitation service programs that have a vendor relationship with the department and are not operated by a community services board are covered by this regulation; (iii) provide that independent living centers and sheltered workshops no longer have the option to establish their own human research review committee or to affiliate with other centers or workshops to establish a central human research committee but are required to affiliate with the DRS human research review committee; (iv) change the procedures for obtaining the informed written consent of prospective research subjects to ensure consistency with the requirements of federal regulations; (v) change the composition of the human research review committee that reviews research proposals to determine if they meet the requirements of this regulation to ensure consistency with federal requirements; (vi) add a new section that governs the inclusion of minors as research subjects; and (vii) change procedures for expedited review and the description of research that may receive expedited review to reflect existing federal regulations.

For additional information, please contact S. Rakestraw, Policy Analyst, Department of Rehabilitative Services, Richmond, VA, telephone (804) 662-7612, FAX (804) 662-7696, or email vanessa.rakestraw@drs.virginia.gov.



22VAC40-35. Virginia Independence Program (amending 22VAC40-35-10, 22VAC40-35-20, 22VAC40-35-40 through 22VAC40-35-120, 22VAC40-35-130; repealing 22VAC40-35-5, 22VAC40-35-125, 22VAC40-35-126, 22VAC40-35-127, 22VAC40-35-128).

Written public comment may be submitted until December 12, 2008.


The proposed amendments eliminate references to the obsolete Virginia Targeted Jobs Grant (VTJG) program and corresponding statutory citations, and replace applicable references to the Aid to Families with Dependent Children (AFDC) with Temporary Assistance for Needy Families (TANF). The proposed amendments also (i) update statutory references, (ii) reduce the allowable processing time for TANF applications from 45 days to 30 days, (iii) revise the definition of “job search” to reflect a federal requirement that states count hours spent searching for jobs rather than number of job searches, (iv) align exemptions from the Virginia Initiative for Employment Not Welfare (VIEW) with those listed in state code, (v) expand opportunities for hardship exceptions in the TANF program, (vi) allow greater participation in educational activities when participating in community work experience, and (vii) set limits on the number of paternity tests (per child) for which the Division of Child Support Enforcement (DCSE) will pay.

For more information, please contact Mark L. Golden, TANF Program Manager, Department of Social Services, Division of Benefit Programs, Richmond, VA, telephone (804) 726-7385, FAX (804) 726-7356, or email mark.golden@dss.virginia.gov.

22VAC40-410. Entitlement Date in the General Relief Program (repealing 22VAC40-410-10, 22VAC40-410-20).

22VAC40-411. General Relief Program (adding 22VAC40-411-10 through 22VAC40-411-220).

22VAC40-570. General Relief (GR) Program - Locality Options (repealing 22VAC40-570-10 through 22VAC40-570-100).

22VAC40-640. General Relief Program - Deeming Income from Alien Sponsors (repealing 22VAC40-640-10 through 22VAC40-640-80).

Written public comment may be submitted until December 12, 2008.


The General Relief Program provides assistance to individuals who are not eligible for other forms of assistance and is an optional program at the local level. The proposed regulation defines the different types of assistance available, how income and resources are evaluated for aliens, how recipients can receive assistance through the disability advocacy project, and establishes the date for which eligibility for general relief begins. This action combines the provisions of four existing regulations into one comprehensive set of rules for the General Relief Program.

For additional information, please contact Mark Golden, TANF Program Manager, Department of Social Services, Richmond, VA, telephone (804) 726-7385, FAX (804) 726-7356, or email mark.golden@dss.virginia.gov.



24VAC30-73. Access Management Regulations: Minor Arterials, Collectors, and Local Streets (adding 24VAC30-73-10 through 24VAC30-73-170).

The following public hearings will be held:

October 28, 2008 at 1 p.m. - (Richmond) John Tyler Community College, Chester, VA

October 30, 2008 at 1 p.m. - (Staunton) Augusta County Government Center, Verona, VA

November 5, 2008 at 10 a.m. - (Northern Virginia) Virginia Department of Transportation, Northern Virginia District Office, Chantilly, VA

November 12, 2008 at 1 p.m. - (Dublin) New iver Community College, Dublin, VA

Written public comment may be submitted until December 15, 2008.


This action promulgates a new regulation; however, the proposed regulation carries over and consolidates existing regulations in the Minimum Standards of Entrances (24VAC30-71) and the entrance regulations in the Land Use Permit Manual (24VAC30-150). Items appearing in the Minimum Standards such as entrance illustrations and sight distance standards are relocated to the Road Design Manual and incorporated by reference.
Significant proposed changes are as follows:

1. The definition of “private entrance” is revised to include entrance to agricultural fields and entrance to communication infrastructure that generate 10 or fewer trips per day such as cell towers, pump stations, and stormwater management basins.

2. The proposed regulation establishes that the Department of Transportation (VDOT) will permit reasonably convenient access to a parcel of record, but that VDOT is not obligated to permit the most convenient access or the permit applicant's preferred entrance location or entrance design.

3. Drainage pipes where private entrance driveways meet public roads will no longer be installed by VDOT at no cost. The property owners will be responsible for the installation of the pipes.

4. A deadline is included for VDOT to make a decision on an appeal from the entrance permit applicants.

5. A grandfather provision is included that locations of entrances that are approved prior to the effective date of the proposed regulations shall remain valid.

6. The proposed regulation requires that the permit applicant contact the local government to identify possible conflicts with local, state, or federal regulations and plans.

7. The proposed regulation adds a few requirements to the commercial entrance access management, including requirements on shared entrances, spacing of entrances and intersections, vehicular/pedestrian circulation between adjoining undeveloped properties, and traffic signal spacing.

8. The proposed regulation requires additional signage and certified flaggers for temporary entrances in the event that adequate sight distance is not achieved.

For more information, please contact Paul Grasewicz, AICP, Access Management Program Administrator, Department of Transportation, Maintenance Division, Richmond, VA, telephone (804) 786-0778, FAX (804) 662-9405, or email paul.grasewicz@vdot.virginia.gov.



24VAC20-81. Hauling Permit Regulation (adding 24VAC20-81-10 through 24VAC20-81-250).

The following public hearings are scheduled:

November 4, 2008 at 1 p.m. - Virginia Department of Motor Vehicles, Richmond, VA

November 21, 2008 –at 1 p.m. - Mary D. Pretlow Library, Norfolk, VA

Written public comment may be submitted until December 27, 2008.


The Department of Motor Vehicles is responsible for the issuance of oversize and overweight permits for the movement of objects and vehicles that exceed the statutory limits set forth in the Code of Virginia. The proposed regulation is a new regulation that will contain the Hauling Permit Manual. This manual establishes the requirements for the issuance of hauling permits and the movement of these objects and vehicles over the highways of the Commonwealth of Virginia.

For more information, please contact Ron Thompson, Senior Policy Analyst, Department of Motor Vehicles, Richmond, VA, telephone (804) 367-1844, FAX (804) 367-6631, or email ronald.thompson@dmv.virginia.gov.

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