A Convenient Guide to Regulatory
Activity in the Commonwealth
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.
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.
Virginia Register of Regulations online at http://legis.state.va.us/codecomm/register/issfiles.htm
or contact email@example.com
or the Code Commission staff at (804) 786-3591 for further information.
BOARD OF AGRICULTURE AND CONSUMER SERVICES
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,
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.
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.
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
4. CONSERVATION AND NATURAL RESOURCES
OF MINES, MINERALS AND ENERGY
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 firstname.lastname@example.org.
SOIL AND WATER CONSERVATION BOARD
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.
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.
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 email@example.com.
BOARD OF HEALTH
Regulations for Testing Children for Elevated Blood-Lead Levels (amending
12VAC5-120-10, 12VAC5-120-30; adding 12VAC5-120-35).
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.
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.
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.
MENTAL HEALTH, MENTAL RETARDATION
AND SUBSTANCE ABUSE SERVICES BOARD
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).
public comment may be submitted until December 26, 2008.
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.
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 firstname.lastname@example.org.
18. PROFESSIONAL AND OCCUPATIONAL LICENSING
OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
Regulations Governing the Practice of Audiology and Speech-Language Pathology
(amending 18VAC30-20-160; adding 18VAC30-20-185).
public comment may be submitted until 5 p.m. on December 12, 2008.
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
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 email@example.com.
Regulations Governing the Practice of Marriage and Family Therapy (amending
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.
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.
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 firstname.lastname@example.org.
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,
public comment may be submitted until 5 p.m. on December 12, 2008.
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.
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@
22. SOCIAL SERVICES
OF REHABILITATIVE SERVICES
Protection of Participants in Human Research (amending 22VAC30-40-10,
22VAC30-40-30 through 22VAC30-40-150; adding 22VAC30-40-160).
public comment may be submitted until December 27, 2008.
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
additional information, please contact S. Rakestraw, Policy Analyst, Department
of Rehabilitative Services, Richmond, VA, telephone (804) 662-7612, FAX
(804) 662-7696, or email email@example.com.
BOARD OF SOCIAL SERVICES
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).
public comment may be submitted until December 12, 2008.
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.
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 firstname.lastname@example.org.
Entitlement Date in the General Relief Program (repealing 22VAC40-410-10,
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).
public comment may be submitted until December 12, 2008.
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
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 email@example.com.
24. TRANSPORTATION AND MOTOR VEHICLES
Access Management Regulations: Minor Arterials, Collectors, and Local
Streets (adding 24VAC30-73-10 through 24VAC30-73-170).
following public hearings will be held:
28, 2008 at 1 p.m. - (Richmond) John Tyler Community College, Chester,
30, 2008 at 1 p.m. - (Staunton) Augusta County Government Center, Verona,
5, 2008 at 10 a.m. - (Northern Virginia) Virginia Department of Transportation,
Northern Virginia District Office, Chantilly, VA
12, 2008 at 1 p.m. - (Dublin) New iver Community College, Dublin, VA
public comment may be submitted until December 15, 2008.
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.
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 firstname.lastname@example.org.
OF MOTOR VEHICLES
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.
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 email@example.com.
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