Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
July, 2009
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 or contact epalen@dls.virginia.gov
or the Code Commission staff at (804) 786-3591 for further information.
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TITLE 3. ALCOHOLIC
BEVERAGES
ALCOHOLIC
BEVERAGE CONTROL BOARD
3VAC5-20. Advertising (amending 3VAC5-20-10 through 3VAC5-20-40, 3VAC5-20-60,
3VAC5-20-90, 3VAC5-20-100; repealing 3VAC5-20-50, 3VAC5-20-70, 3VAC5-20-80).
3VAC5-30.
Tied-House (amending 3VAC5-30-10, 3VAC5-30-20, 3VAC5-30-30, 3VAC5-30-60;
adding 3VAC5-30-80).
A public
hearing will be held on August 24, 2009, at 10 a.m., Dept. of Alcoholic
Beverage Control, Richmond, Virginia. Written public comment may be submitted
until September 4, 2009.
This
action proposes several changes to the regulations governing the advertising
of alcoholic beverages, as well as to the tied-house regulations, designed
to maintain a reasonable separation between manufacturing and wholesaling
interests and retailers of alcoholic beverages. Several outdated advertising
regulations will be repealed. Others will be modified to conform to
statutory changes or to modernize them. The two chapters will be reorganized,
moving some provisions dealing with limitations on the provision of
advertising materials by manufacturers or wholesalers to retailers from
the advertising chapter to the chapter dealing with tied-house restrictions.
For
additional information, please contact Jeffrey L. Painter, Legislative
and Regulatory Coordinator, Dept. of Alcoholic Beverage Control, Richmond,
VA, telephone (804) 213-4621, FAX (804) 213-4411, TTY (804) 213-4687,
or email jeffrey.painter@abc.virginia.gov.
TITLE
6. CRIMINAL JUSTICE AND CORRECTIONS
STATE
BOARD OF JUVENILE JUSTICE
6VAC35-150.
Standards for Nonresidential Services Available to Juvenile and Domestic
Relations District Courts (amending 6VAC35-150-10, 6VAC35-150-30, 6VAC35-150-40,
6VAC35-150-50, 6VAC35-150-60, 6VAC35-150-80, 6VAC35-150-90, 6VAC35-150-100,
6VAC35-150-110, 6VAC35-150-130, 6VAC35-150-140, 6VAC35-150-200 through
6VAC35-150-320, 6VAC35-150-335, 6VAC35-150-340, 6VAC35-150-350, 6VAC35-150-380
through 6VAC35-150-425, 6VAC35-150-430, 6VAC35-150-435, 6VAC35-150-450
through 6VAC35-150-510, 6VAC35-150-530 through 6VAC35-150-550, 6VAC35-150-620,
6VAC35-150-640, 6VAC35-150-670, 6VAC35-150-680, 6VAC35-150-690; adding
6VAC35-150-62, 6VAC35-150-64, 6VAC35-150-66, 6VAC35-150-336, 6VAC35-150-355,
6VAC35-150-365, 6VAC35-150-415, 6VAC35-150-615; repealing 6VAC35-150-20,
6VAC35-150-35, 6VAC35-150-55, 6VAC35-150-70, 6VAC35-150-150 through 6VAC35-150-165,
6VAC35-150-175, 6VAC35-150-180, 6VAC35-150-190, 6VAC35-150-330, 6VAC35-150-370,
6VAC35-150-427, 6VAC35-150-440, 6VAC35-150-560, 6VAC35-150-570, 6VAC35-150-590,
6VAC35-150-600, 6VAC35-150-610, 6VAC35-150-650, 6VAC35-150-660, 6VAC35-150-700
through 6VAC35-150-740).
Written
public comment may be submitted until September 4, 2009.
This
regulation was last reviewed in 2002, and since then, a number of administrative
changes have occurred. This regulation was reviewed in light of current
practices and in consultation with representatives of state and locally
operated court service units. The proposed changes will update regulatory
provisions in light of best practices and with the goal of providing
a user-friendly regulatory scheme for which the requirements for compliance
are clearly delineated. The proposed changes (i) update the definitions
section and terms used for clarity and consistency with other regulations
promulgated by the board; (ii) remove unnecessary verbiage; (iii) amend
the background check section in light of recent statutory changes; (iv)
clarify requirements for volunteers and interns; (v) streamline requirements
for all reports to the court; (vi) clarify when procedures should be
required for handling nondepartment funds; (vii) incorporate appropriate
cross references to statutes, regulations, and guidance documents amended,
enacted, or promulgated since the last review; (viii) formalize the
process for obtaining a waiver of regulatory provisions; and (ix) amend
the duties of court service unit staff in light of legislative changes
since 2002.
For
additional information, please contact Janet Van Cuyk, Regulatory Coordinator,
Dept. of Juvenile Justice, Richmond, VA, telephone (804) 371-4097, FAX
(804) 371-0773, or email Janet.vancuyk@djj.virginia.gov.
TITLE
9. ENVIRONMENT
VIRGINIA
WASTE MANAGEMENT BOARD
| REGISTRAR'S
NOTICE: Due to the length, the following regulations filed by
the Virginia Waste Management Board are not being published. However,
in accordance with § 2.2-4031 of the Code of Virginia, the
summary is being published in lieu of the full text. The regulations
are available for public inspection at the office of the Registrar
of Regulations and at the Virginia Waste Management Board (see contact
information below) and are accessible on the Virginia Register of
Regulations website at http://register.dls.virginia.gov/vol25/Welcome.htm.
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9VAC20-80.
Solid Waste Management Regulations (repealing 9VAC20-80-10 through 9VAC20-80-790).
9VAC20-81.
Solid Waste Management Regulations (adding 9VAC20-81-10 through 9VAC20-
81-760).
9VAC20-101.
Vegetative Waste Management and Yard Waste Composting Regulations (repealing
9VAC20-101-10 through 9VAC20-101-210).
A public hearing
will be held on August 3, 2009, at 10 a.m., Dept. of Environmental Quality,
Richmond, VA. Written public comments may be submitted until September
4, 2009.
This proposed
action recodifies the Virginia Solid Waste Management Regulations and
incorporates the Vegetative Waste and Yard Waste Composting Regulations
into the regulations. The proposed regulations (i) no longer necessitate
a full permit application for changes made to the operations manual
of a solid waste facility; (ii) remove the composting facility capacity
limit for a full permit and allow a facility to obtain a permit by rule;
(iii) reduce the number of permit modifications considered major; (iv)
add new standards for centralized sludge treatment facilities; (v) remove
the Phase I groundwater monitoring; (vi) change the adoption of alternate
concentration limit from a variance procedure to an approval procedure;
(vii) modify language to conform to existing statutes and add citations
to federal regulations; (viii) add a preapproved alternate liner to
eliminate the variance process for those alternate liners routinely
approved; (ix) make composting permitting requirements less burdensome;
and (x) format, reorganize, and edit the regulations to improve clarity
and streamline the flow of language.
For more information,
contact Leslie D. Beckwith, Dept. of Environmental Quality, Richmond,
VA, telephone (804) 698-4123, FAX (804) 698-4237, or email ldbeckwith@deq.virginia.gov.
STATE
WATER CONTROL BOARD
9VAC25-630.
Virginia Pollution Abatement General Permit Regulation for Poultry Waste
Management (amending 9VAC25-630-10, 9VAC25-630-20, 9VAC25-630-30, 9VAC25-630-40,
9VAC25-630-50, 9VAC25-630-60; adding 9VAC25-630-70, 9VAC25-630-80).
The
State Water Control Board announced public hearings and a public comment
period on proposed amendments to 9 VAC 25-630 in the Virginia Register
of Regulations in Volume 25, Issue 21, page 3867. There has been a change
in the date and time of the public hearing in Onley, Virginia. The public
hearing is now scheduled for 7:30 p.m., August 4, 2009, Nandua High
School Auditorium, 26350 Lankford Highway, Onley, VA. An informational
briefing will be held one hour prior to the public hearing.
For
additional information, contact Betsy Bowles, Dept. of Environmental Quality,
Richmond, VA, telephone (804) 698-4059, FAX (804) 698-4116, or email betsy.bowles@deq.virginia.gov.
TITLE
11. GAMING
CHARITABLE
GAMING BOARD
11VAC15-22.
Charitable Gaming Rules and Regulations (amending 11VAC15-22-10, 11VAC15-22-40,
11VAC15-22-50, 11VAC15-22-80).
Written
public comments may be submitted until September 4, 2009.
The
proposed amendments (i) clarify and add definitions; (ii) specify that
paid callers and managers may not play bingo at any session they have
worked and may not purchase instant bingo, pull-tab, or seal card products
from organizations they assist on the day they have worked or later
from any deal they have helped sell; (iii) no longer allow organizations
to substitute an annual financial report for a quarterly report; and
(iv) cap cumulative late fees at $750 for late report filing.
For
more information, contact Betty Bowman, Dir., Div. of Charitable Gaming,
James Monroe Bldg, Richmond, VA, telephone (804) 786-3015, FAX (804) 786-1079,
or email betty.bowman@dcg.virginia.gov.
11VAC15-31.
Supplier Regulations (amending 11VAC15-31-10).
Written public comments
may be submitted until September 4, 2009.
The amendments
add the definition of "last sale game" and modify the definition
of "pack."
For more information,
contact Betty Bowman, Dir., Div. of Charitable Gaming, James Monroe Bldg,
Richmond, VA, telephone (804) 786- 3015, FAX (804) 786-1079, or email
betty.bowman@dcg.virginia.gov.
TITLE
12. HEALTH
DEPARTMENT
OF MEDICAL ASSISTANCE SERVICES
12VAC30-80.
Methods and Standards for Establishing Payment Rates; Other Types of Care
(amending 12VAC30-80-200; adding 12VAC30-80-35).
Written public comments
may be submitted until September 4, 2009.
The amendments
are intended to implement reimbursement changes for ambulatory surgery
centers. This action will also implement reimbursement changes for outpatient
rehabilitation facilities that are currently reimbursed on a cost basis.
For more information,
contact Brian McCormick, Regulatory Supervisor, Dept. of Medical Assistance
Services, Richmond, VA, telephone (804) 371-8856, FAX (804) 786-1680,
or email brian.mccormick@dmas.virginia.gov.
TITLE
14. INSURANCE
STATE
CORPORATION COMMISSION
| REGISTRAR'S
NOTICE: The State Corporation Commission is exempt from the
Administrative Process Act in accordance with
§ 2.2-4002 A 2 of the Code of Virginia, which exempts courts,
any agency of the Supreme Court, and any agency that by the Constitution
is expressly granted any of the powers of a court of record.
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14VAC5-260.
Rules Governing Insurance Holding Companies (amending 14VAC5-260-40, 14VAC5-260-60,
14VAC5-260-70, 14VAC5-260-90).
A public hearing
will be held upon request. Written public comment may be submitted until
August 14, 2009.
The purpose
of the proposed revisions to the rules and forms is to amend the language
regarding declaration of dividends and disclaimer of affiliation. Additionally,
a reference to electronic filing and clarification that dividends and
distributions are to be paid out of earned surplus unless the commission
approves otherwise, has been added. These proposed revisions are necessary
as a result of the passage of Senate Bill 1352 (Chapter 717 of the 2009
Acts of Assembly), which amended § 38.2-1329 of the Code of Virginia.
For more information,
contact Raquel C. Pino-Moreno, Principal Insurance Analyst, Bureau of
Insurance, State Corporation Commission, Richmond, VA, telephone (804)
371-9499, FAX (804) 371-9511, or email raquel.pino-moreno@scc.virginia.gov.
14VAC5-290.
Rules Establishing Standards for Companies Deemed to Be in Hazardous Financial
Condition (amending 14VAC5-290-10, 14VAC5-290-20, 14VAC5-290-30, 14VAC5-290-40,
14VAC5-290-50).
A public hearing
will be scheduled upon request.
The proposed
amendments incorporate the revisions made by the National Association
of Insurance Commissioners to its Model Regulation to Define Standards
and Commissioner's Authority for Companies Deemed to be in Hazardous
Financial Condition, which provides additional tools for state insurance
departments to utilize in identifying and dealing with companies in
hazardous financial condition, including the authority to issue corrective
action orders.
For more information,
contact Raquel C. Pino-Moreno, Principal Insurance Analyst, Bureau of
Insurance, SCC, Richmond, VA, telephone (804) 371-9499, FAX (804) 371-9511,
or email raquel.pino-moreno@scc.virginia.gov.
TITLE
15. JUDICIAL
VIRGINIA
STATE BAR
| REGISTRAR'S
NOTICE: The Virginia State Bar is exempt from the Administrative
Process Act in accordance with § 2.2-4002 A 2 of the Code of
Virginia, which exempts courts, any agency of the Supreme Court,
and any agency that by the Constitution is
expressly granted any of the powers of a court of record.
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15VAC5-80.
Regulations Under the Virginia Consumer Real Estate Settlement Protection
Act (amending 15VAC5-80-20, 15VAC5-80-30, 15VAC5-80-40).
The
amendments delete nonattorney settlement agents from those required
to register with the Virginia State Bar. This conforms the regulations
to Chapter 256 of the 2009 Acts of Assembly, which shifted the responsibility
to register nonattorney settlement agents to the appropriate licensing
agencies.
For
further information, please contact Mary Yancey Spencer, Deputy Executive
Director, Virginia State Bar, Richmond, VA, telephone (804) 775-0575 or
email spencer@vsb.org.
15VAC5-80.
Regulations under the Virginia Consumer Real Estate Settlement Protection
Act (amending 15VAC5-80-40, 15VAC5-80-50).
The Virginia
State Bar has withdrawn the proposed amendments to 15VAC5-80, Regulations
Under the Virginia Consumer Real Estate Protection Act, which were published
25:4 VA.R. 669-672 October 27, 2008.
For more information,
contact Mary Yancey Spencer, Deputy Executive Director, Virginia State
Bar, Richmond, VA, telephone (804) 775-0575 or email spencer@vsb.org.
TITLE
16. LABOR AND EMPLOYMENT
SAFETY
AND HEALTH CODES BOARD
16VAC25-50.
Boiler and Pressure Vessel Regulations (amending 16VAC25-50-150, 16VAC25-50-360,
16VAC25-50-380, 16VAC25-50-430, 16VAC25-50-480).
Written
public comments may be submitted until September 18, 2009.
The
proposed amendments (i) update the current regulation for consistency
with national and international standards; (ii) add a fee of $10 for
the reprinting of inspection certificates; and (iii) increase the boiler
inspection fee from $800 to $1,000.
For
more information, please contact Ed Hilton, Dir., Boiler Safety Compliance,
Dept. of Labor and Industry, Richmond, VA, telephone (804) 786-2389, FAX
(804) 371-2324, TTY (804) 785-2376, or email ed.hilton@doli.virginia.gov.
TITLE
23. TAXATION
DEPARTMENT
OF TAXATION
23VAC10-210.
Retail Sales and Use Tax (amending 23VAC10-210-1020).
A public
hearing will be held on August 20, 2009, at 10 a.m., Richmond, VA. Written
public comments may be submitted until September 18, 2009.
Chapter
121 of the 2005 Acts of Assembly amended the definition of “retail
sale” and “sale at retail” set forth in § 58.1-602
of the Code of Virginia to include separately stated charges for materials
used in automotive refinishing and repair when such materials become
permanently attached to the vehicle being refinished or repaired. This
change in the definition of “retail sale” and “sale
at retail” is a departure from the department's longstanding policy
that treats automotive refinishers and painters as service providers
and the taxable user and consumer of tangible personal property used
in providing their service. The proposed amendments allow automotive
refinishers and repairers the option of continuing to operate as service
providers or to be treated as retailers by separately stating their
charges for materials.
For
more information, contact Bland Sutton, Analyst, Dept. of Taxation, Richmond,
VA, telephone (804) 371-2332, FAX (804) 371-2355, or email bland.sutton@tax.virginia.gov.
Division
of Legislative Services > Legislative
Record > 2009
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