Regulatory Alert

TITLE 4. CONSERVATION AND NATURAL RESOURCES

DEPARTMENT OF MINES, MINERALS AND ENERGY

4VAC25-150. Virginia Gas and Oil Regulation (amending 4VAC25-150-10, 4VAC25-150-60, 4VAC25-150-80, 4VAC25-150-90 through 4VAC25-150-160, 4VAC25-150-180 through 4VAC25-150-260, 4VAC25-150-280, 4VAC25-150-300, 4VAC25-150-310, 4VAC25-150-340, 4VAC25-150-360, 4VAC25-150-380, 4VAC25-150-390, 4VAC25-150-420, 4VAC25-150-460, 4VAC25-150-490, 4VAC25-150-500, 4VAC25-150-510, 4VAC25-150-520, 4VAC25-150-530, 4VAC25-150-550, 4VAC25-150-560, 4VAC25-150-590, 4VAC25-150-600, 4VAC25-150-610, 4VAC25-150-620, 4VAC25-150-630, 4VAC25-150-650 through 4VAC25-150-750).

A public hearing will be held on October 23, 2009 - 1 p.m. - Department of Mines, Minerals and Energy, Big Stone Gap, VA. Written public comments may be submitted until 5 p.m. on October 30, 2009.

Summary:

As a result of periodic review, the Department of Mines, Minerals and Energy is amending 4VAC25-150, Virginia Gas and Oil Regulation. Sections within 4VAC25-150 will be amended to correct technical areas for accuracy, improve worker safety, and provide clarity. These amendments will aid the gas and oil industry and the Gas and Oil Board in the review and regulation of gas and oil permits. Amending 4VAC25-150-150 will reduce workload and increase efficiency for applicants by providing flexibility and economy to the permit process. 4VAC25-150-90 will be updated to include symbols that are consistent with current industry usage and available CAD technology. Amendments to 4VAC25-150-80, 4VAC25-150-260, 4VAC25-150-300, 4VAC25-150-380, and 4VAC25-150-630 will protect the safety and health of oil and gas industry employees. An amendment to 4VAC25-150-90 is being made to bring consistency to data submission requirements for the Division of Gas and Oil.

For more information please contact Tabitha Hibbitts Peace, Policy Analyst, Department of Mines, Minerals and Energy, Big Stone Gap, VA, telephone (276) 523-8212, FAX (276) 523-8148, TTY (800) 828-1120, or email tabitha.peace@dmme.virginia.gov.

VIRGINIA GAS AND OIL BOARD

4VAC25-160. Virginia Gas and Oil Board Regulations (amending 4VAC25-160-10, 4VAC25-160-30, 4VAC25-160-40, 4VAC25-160-50, 4VAC25-160-60, 4VAC25-160-70, 4VAC25-160-130, 4VAC25-160-190, 4VAC25-160-200).

A public hearing will be held on October 23, 2009 - 9 a.m. - Department of Mines, Minerals and Energy, Big Stone Gap, VA. Written public comments may be submitted until 5 p.m. on October 30, 2009.

Summary:

As a result of periodic review, the Department of Mines, Minerals and Energy and the Virginia Gas and Oil Board are amending 4VAC25-160, Virginia Gas and Oil Board Regulations, to make technical corrections, improve clarity, increase efficiency, and to restore consistency with other chapters. 4VAC25-160-30, 4VAC25-160-40, 4VAC25-160-50, 4VAC25-160-60, 4VAC25-160-70, and 4VAC25-160-200 will be amended to correct several technical areas for accuracy, and provide clarity. Amending 4VAC25-160-30 will reduce workload and increase efficiency for applicants by providing flexibility and economy in the permit process. Amendments to 4VAC25-160-40, 4VAC25-160-50, and 4VAC25-160-70 are being made to bring consistency to data submission requirements for the Division of Gas and Oil.

For more information please contact Tabitha Hibbitts Peace, Policy Analyst, Department of Mines, Minerals and Energy, Big Stone Gap, VA, telephone (276) 523-8212, FAX (276) 523-8148, TTY (800) 828-1120, or email tabitha.peace@dmme.virginia.gov.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

8VAC20-70. Regulations Governing Pupil Transportation (amending 8VAC20-70-10, 8VAC20-70-40, 8VAC20-70-100, 8VAC20-70-110, 8VAC20-70-130 through 8VAC20-70-180, 8VAC20-70-200, 8VAC20-70-220, 8VAC20-70-230, 8VAC20-70-280, 8VAC20-70-300, 8VAC20-70-350, 8VAC20-70-360, 8VAC20-70-370, 8VAC20-70-380, 8VAC20-70-420, 8VAC20-70-430, 8VAC20-70-450, 8VAC20-70-460, 8VAC20-70-480, 8VAC20-70-490, 8VAC20-70-510, 8VAC20-70-525; adding 8VAC20-70-31, 8VAC20-70-271, 8VAC20-70-359, 8VAC20-70-411, 8VAC20-70-435; repealing 8VAC20-70-310).

Public hearings will be held on September 24, 2009, at 7 p.m. at Robert E. Lee High School, Springfield, VA; Glenvar Middle School, Salem, VA; and Jolliff Middle School, Chesapeake, VA. Written public comment may be submitted until 5 p.m. on October 16, 2009.

Summary:

The proposed amendments include (i) updating definitions to conform to the 2005 National School Transportation Specifications and Procedures; (ii) adding numerous clarifications; (iii) prohibiting school divisions from having students stand during school bus rides during the first 30 instructional days of the school year; (iv) mandating that all high school students receive additional training on the rules for motorists approaching a stopped school bus and on safe following distances when operating a personal vehicle; (v) amending the required minimum frequency of school bus maintenance inspections; (vi) eliminating the requirement that bus collisions be reported to the Department of Education when no one is injured and damage is less than $1,000; (vii) requiring review of school bus routes, school sites, and safety of pupils at designated school bus stops at least twice each year rather than just once; (viii) requiring new transportation directors/supervisors employed by school divisions to complete the "Train the Trainer" class conducted by the Department of Education; and (ix) requiring school bus driver instructors to meet the requirements of a school bus driver and have at least two years experience.

For more information please contact Dr. Margaret N. Roberts, Office of Policy and Communications, Department of Education, Richmond, VA, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.

TITLE 10. FINANCE AND FINANCIAL INSTITUTIONS

STATE CORPORATION COMMISSION

10VAC5-200. Payday Lending (amending 10VAC5-200-100).

A public hearing will be scheduled upon request. Written public comments may be submitted until 5 p.m. on October 30, 2009.

Summary:

The proposed changes incorporate certain provisions of Chapters 784 and 860 of the 2009 Acts of Assembly that relate to the conduct of open-end credit business from payday lending offices. The proposal also incorporates a provision of § 6.1-439 of the Code of Virginia by providing that a person registered or required to be registered as a check casher under Chapter 17 (§ 6.1-432 et seq.) of Title 6.1 of the Code of Virginia is prohibited from making loans unless the person is licensed under, and the loans are made in accordance with, the Payday Loan Act. Subsection B of 10VAC5-200-100 specifies additional findings that the State Corporation Commission (commission) would need to make before approving an application to conduct other business in a licensee's payday lending offices. Subsection E of 10VAC5-200-100 adds a set of uniform conditions that would generally be applicable to the conduct of other business in payday lending offices. Subsections F through K of 10VAC5-200-100 prescribe the conditions that would be attached to specific types of other businesses, such as making open-end auto title loans, acting as an agent of a money transmitter, and providing tax preparation services. Under subsection M of 10VAC5-200-100, the conditions set forth in the regulation would generally supersede the conditions established in the approval orders that were previously entered by the commission. Lastly, subsection O of 10VAC5-200-100 is added to expressly provide that failure to comply with applicable laws or conditions may result in revocation of a payday lender's other business authority, fines, suspension, or revocation of a payday lender's license, or other appropriate enforcement action.

For more information please contact E. J. Face, Jr., Commissioner, Bureau of Financial Institutions, State Corporation Commission, Richmond, VA, telephone (804) 371-9659, FAX (804) 371-9416, or email joe.face@scc.virginia.gov.

TITLE 12. HEALTH

STATE BOARD OF HEALTH

12VAC5-421. Food Regulations (amending 12VAC5-421-10, 12VAC5-421-50 through 12VAC5-421-100, 12VAC5-421-140, 12VAC5-421-180, 12VAC5-421-360, 12VAC5-421-370,
12VAC5-421-400, 12VAC5-421-410, 12VAC5-421-430, 12VAC5-421-440, 12VAC5-421-450, 12VAC5-421-490, 12VAC5-421-500, 12VAC5-421-540, 12VAC5-421-570, 12VAC5-421-680, 12VAC5-421-700, 12VAC5-421-730, 12VAC5-421-740, 12VAC5-421-760, 12VAC5-421-780, 12VAC5-421-790, 12VAC5-421-800, 12VAC5-421-820, 12VAC5-421-830, 12VAC5-421-850, 12VAC5-421-860, 12VAC5-421-870, 12VAC5-421-900, 12VAC5-421-950, 12VAC5-421-980, 12VAC5-421-1200, 12VAC5-421-1230, 12VAC5-421-1260, 12VAC5-421-1310, 12VAC5-421-1420, 12VAC5-421-1550, 12VAC5-421-1560, 12VAC5-421-1690, 12VAC5-421-1890, 12VAC5-421-1980, 12VAC5-421-2040, 12VAC5-421-2190, 12VAC5-421-2230, 12VAC5-421-2280, 12VAC5-421-2310, 12VAC5-421-2520, 12VAC5-421-2600, 12VAC5-421-2630, 12VAC5-421-2790, 12VAC5-421-2810, 12VAC5-421-2920, 12VAC5-421-2950, 12VAC5-421-2960, 12VAC5-421-3020, 12VAC5-421-3030, 12VAC5-421-3040, 12VAC5-421-3045, 12VAC5-421-3080, 12VAC5-421-3130, 12VAC5-421-3180, 12VAC5-421-3240, 12VAC5-421-3460, 12VAC5-421-3750, 12VAC5-421-3815, 12VAC5-421-3860, 12VAC5-421-4040, 12VAC5-421-4050, 12VAC5-421-4070; repealing 12VAC5-421-110, 12VAC5-421-120, 12VAC5-421-150, 12VAC5-421-750, 12VAC5-421-1020, 12VAC5-421-1030, 12VAC5-421-1440, 12VAC5-421-1880, 12VAC5-421-2510, 12VAC5-421-2590, 12VAC5-421-3010, 12VAC5-421-3050, 12VAC5-421-3060, 12VAC5-421-3110, 12VAC5-421-3120, 12VAC5-421-3160).

A public hearing will be held on October 21, 2009 - 2 p.m. - Virginia Department of Health, Richmond, VA. Written public comments may be submitted until 5 p.m. on October 30, 2009.

Summary:

The Food Regulations establish minimum sanitary standards for operating restaurants. Those standards include the safe and sanitary maintenance, storage, operation, and use of equipment; the safe preparation, handling, protection, and preservation of food, including necessary refrigeration or heating methods; procedures for vector and pest control; requirements for toilet and cleansing facilities for employees and customers; requirements for appropriate lighting and ventilation not otherwise provided for in the Uniform Statewide Building Code; requirements for an approved water supply and sewage disposal system; personal hygiene standards for employees, particularly those engaged in food handling; and the appropriate use of precautions to prevent the transmission of communicable diseases. The regulations also inform potential restaurant owners or operators how to obtain a permit to operate a restaurant from the department. The regulations are being amended to be consistent with the current 2007 supplement to the 2005 Food and Drug Administration's (FDA) Food Code. The current Food Regulations are based on the 2003 Supplement to the 2001 FDA Food Code. These changes are also being proposed concurrently with the Virginia Department of Agriculture and Consumer Services (VDACS) adoption of the 2007 Supplement to the 2005 FDA Food Code. Pursuant to § 35.1-14 C and E of the Code of Virginia, this action is exempt from portions of the Administrative Process Act (APA), provided VDACS adopts the same version and both agency’s regulations have the same effective date. Both agencies are working toward that end. Both VDH and VDACS previously adopted the 2003 supplement to the 2001 FDA Food Code with an effective date of October 16, 2007.

For more information please contact Gary L. Hagy, Director of Food and General Environmental Services, Department of Health, Richmond, VA, telephone (804) 864-7455, TTY (800) 828-1120, or email gary.hagy@vdh.virginia.gov.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

18VAC110-20. Regulations Governing the Practice of Pharmacy (adding 18VAC110-20-25).

A public hearing will be held on September 2, 2009 - 9 a.m. - Department of Health Professions, 9960 Mayland Drive, Perimeter Center, 2nd Floor Conference Center, Richmond, VA. Written public comments may be submitted until 5 p.m. on October 30, 2009.

Summary:

The proposed regulatory action adds a section on unprofessional conduct to address certain issues and licensee conduct that have been problematic and to supplement the statutory provision in § 54.1-3316 of the Code of Virginia that establishes grounds for disciplinary action based on unprofessional conduct specified in regulations promulgated by the board. The amendments include, but are not limited to, patient confidentiality, unethical behavior, sexual misconduct, failure to report a known dispensing error in a manner that protects the public, and inappropriate delegation of pharmacy acts to subordinates.

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@dhp.virginia.gov.

TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS

STATE CORPORATION COMMISSION

20VAC5-316. Regulations Governing Exemptions for Large General Services Customers Under § 56-585.1 A 5 c of the Code of Virginia (adding 20VAC5-316-10 through 20VAC5-316-40).

A public hearing will be held upon request. Written public comment may be submitted until 5 p.m. on September 3, 2009.

Background:

The State Corporation Commission has initiated a commission rulemaking required by Chapter 824 of the 2009 Acts of Assembly. Chapter 824 authorizes Virginia's electric utilities to seek rate adjustment clause treatment of the "projected and actual costs…to design, implement and operate energy efficiency programs, including a margin to be recovered on operating expenses. . . ." § 56-585.1 A 5 c of the Code of Virginia. However, Chapter 824 prohibits electric utilities from recovering the costs of these energy efficiency programs from any customer that has a verifiable history of having used more than 10 megawatts of demand from a single meter of delivery. Additionally, the legislation prohibits program cost recovery from any large general service customer that has, at its own expense, implemented energy efficiency programs that have produced or will produce measured and verified results consistent with industry standards and other regulatory criteria stated in § 56-585.1 A 5 c of the Code of Virginia. For purposes of this legislation, large general service customers are customers that have a verifiable history of having used more than 500 kilowatts of demand from a single meter of delivery. Chapter 824 further directs the commission to promulgate rules and regulations not later than November 15, 2009, "to accommodate the process under which such large general service customers shall file notice for such an exemption, and (i) establish the administrative procedures by which eligible customers will notify the utility and (ii) define the standard criteria that must be satisfied by an applicant in order to notify the utility." § 56-585.1 A 5 c of the Code of Virginia. The commission's staff has prepared proposed rules implementing the exemption process outlined above (proposed rules).

Summary:

The proposed rules set forth (i) administrative procedures for notices of nonparticipation to be provided by large general service customers to electric utilities, (ii) standard criteria for such notices of nonparticipation, and (iii) dispute resolution procedures governing all disputes arising out of the exemption process. The proposed rules add a new Chapter 316 (20VAC5-316) within Title 20 of the Virginia Administrative Code.

For more information please contact Cody Walker, Assistant Director, State Corporation Commission, Richmond, VA, telephone (804) 371-9611, FAX (804) 371-9350, or email cody.walker@scc.virginia.gov.

TITLE 21. SECURITIES AND RETAIL FRANCHISING

STATE CORPORATION COMMISSION

21VAC5-20. Broker-Dealers, Broker-Dealer Agents and Agents of the Issuer (amending 21VAC5-20-160).

21VAC5-80. Investment Advisors (amending 21VAC5-80-200).

A public hearing will be held upon request. Written public comment may be submitted until 5 p.m. on August 31, 2009.

Summary:

The proposed amendments (i) change the reference of 21VAC5-80-140 to 21VAC5-80-145 in 21VAC5-80-200 A 15 and B 15; and (ii) add a two-year expiration period from the date of taking the required examination referenced in 21VAC5-20-160 B 4 to qualify as a registered agent of the issuer.

For more information please contact Al Hughes, Registration Chief, State Corporation Commission, Securities Division, Richmond, VA, telephone (804) 371-9415, FAX (804) 371-9911, or email al.hughes@scc.virginia.gov.

21VAC5-120. Virginia Trademark and Service Mark Act (amending 21VAC5-120-100).

A public hearing will be scheduled upon request. Written public comment may be submitted until 5 p.m. on August 31, 2009.

Summary:

The proposed amendment modifies the class of services with which a mark can actually be used, to include services for providing food and drink; medical services; veterinary services; hygienic and beauty care services; agricultural, horticulture, and forestry services; legal services; security services for the protection of property and individuals; and personal and social services rendered by others to meet the needs of individuals. Additional minor revisions and updates are also included.

For more information please contact Al Hughes, Registration Chief, Securities Division, State Corporation Commission, Richmond, VA, telephone (804) 371-9415, FAX (804) 371-9911, or email al.hughes@scc.virginia.gov.