Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
July, 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.
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TITLE 10.
FINANCE AND FINANCIAL INSTITUTIONS
STATE
CORPORATION COMMISSION
Proposed
Regulation
| 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. |
10VAC5-200.
Payday Lending (amending 10VAC5-200-10, 10VAC5-200-20, 10VAC5-200-40,
10VAC5-200-60, 10VAC5-200-70, 10VAC5-200-80; adding 10VAC5-200-33, 10VAC5-200-35,
10VAC5-200-110, 10VAC5-200-120).
A public hearing
will be held August 5, 2008, at 10 a.m. at the State Corporation Commission
Courtroom, 1300 East Main Street, Richmond, Virginia.
The proposed
amendments incorporate changes made by Chapter 849 of the 2008 Acts
of Assembly (Chapter 849), which generally amends the Payday Loan Act
effective January 1, 2009.* The proposed amendments (i) specify the
information that licensees are required to collect and transmit to the
payday lending database and establish rules governing what licensees
must do if they are unable to access the database at the time that they
are required to transmit information to the database; (ii) limit licensees’
access to the database and require licensees to transmit limited information
to the database in connection with certain loans that remain outstanding
as of January 1, 2009; (iii) instruct licensees how to calculate a borrower’s
pay cycle and minimum loan term, and require licensees to return the
check given as security for a loan to a borrower within three business
days of the loan being repaid in full with cash or good funds instrument;
(iv) establish the rules applicable to extended payment plans and extended
term loans, including when these types of repayment arrangements may
be elected by borrowers; (v) require licensees to provide consumers
with oral and written notices regarding extended payment plans and extended
term loans, and address the waiting periods associated with these repayment
arrangements; (vi) contain definitions for "member of the military
services of the United States" and "other dependent of a member
of the military services of the United States," and establish the
process by which licensees are required to determine whether an individual
is a member of the military services of the United States, or the spouse
or other dependent of a member of the military services of the United
States; (vii) make various changes to 10VAC5-200-40, which relates to
the prepayment of a payday loan, as well as 10VAC5-200-60, which pertains
to the required posting of charges; and (viii) revise the text of the
payday lending pamphlet, which licensees must give to all consumers
prior to entering into payday loan transactions.
- Subsection
A of §6.1-453.1 of the Code of Virginia becomes effective on July
1, 2008.
For more information
contact: E.J. Face, Jr., Bureau of Financial Institutions Commissioner,
State Corporation Commission, P.O. Box 640, Richmond, VA 23218, telephone
(804) 371-9659, FAX (804)371-9416, or email joe.face @scc.virginia.gov.
TITLE
12. HEALTH
STATE
BOARD OF HEALTH
Proposed
Regulation
12VAC5-490. Virginia Radiation Protection Regulations: Fee Schedule (amending
12VAC5-490-10, 12VAC5-490-20).
Public comments may
be submitted until 5 p.m. on September 19, 2008.
The proposed
amendments increase X-ray machine registration fees and inspection fees
for most X-ray machines; decrease inspection fees for veterinary, podiatric,
and cephalometric machines; and include additional types of X-ray machines
in the inspection fee schedule.
For more information
contact: Les Foldesi, Director, Bureau of Radiological Health, Department
of Health, 109 Governor Street, Room 730, Richmond, VA 23219, telephone
(804) 864-8151, FAX (804) 864-8155, or email les.foldesi@vdh.virginia.gov.
TITLE
18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PSYCHOLOGY
Proposed
Regulation
18VAC125-20. Regulations Governing the Practice of Psychology
(amending18VAC 25-20-121, 18VAC125-20-122).
Public comments
may be submitted until 5 p.m. on September 19, 2008.
The proposed
action reduces the number of continuing education hours that must be
gained face-to-face, include real-time interactive hours as face-to-face,
recognize the education value in preparation for presentations or publication,
expand the listing of approved providers, and eliminate the process
and fee for board approval of individual courses and providers.
For more information
contact Evelyn B. Brown, Executive Director, Department of Health Professions,
9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804)367-4697,
FAX (804)327-4435, or email evelyn.brown@dhp.virginia.gov.
TITLE
20. PUBLIC UTILITIES AND TELECOMMUNICATIONS
STATE
CORPORATION COMMISSION
Proposed
Regulation
| 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. |
20VAC5-414.
Bad Check Charges and Late Payment Charges (adding 20VAC5-414-10 through
20VAC5-414-70).
Public comments
may be submitted until August 21, 2008.
The
proposed regulations govern local exchange telecommunications carriers
in the determination and calculation of charges for bad or dishonored
checks and payments not made by the customer by the stated due date
on his bill. The regulations address bad check charges and late payment
charges for local exchange telecommunications carriers notwithstanding
20VAC5-10-10. The proposed regulations define terms used and set forth
a basis for understanding the proposed chapter; set forth the ability
of a local exchange telecommunications carrier to impose a charge for
checks made in payment by a customer that are dishonored by the payor
bank, and set forth a maximum charge that may be imposed; set forth
the ability of a local exchange telecommunications carrier to assess
a late payment charge for bills that are not paid by the due date stated
on the bill and set forth calculation options for the charge; and set
forth the commission’s authority to grant exceptions to any provision
of the rules, which is consistent with and similar to the language used
in other chapters. The proposed regulations reflect changes suggested
by the Virginia Telephone Industry Association in Case No. PUC-2008-00037,
"Application of the Virginia Telecommunications Industry Association
for change in 20VAC5-10-10 regarding bad check charges and late payment
charges."
For more information
contact: Katie Cummings, Deputy Director, Division of Communications,
State Corporation Commission, P.O. Box 1197, 1300 East Main Street, Richmond,
VA 23218, telephone (804)371-9101, FAX (804)371-9069, or email katie.cummings@scc.virginia.gov.
Proposed
Regulation
| 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. |
20VAC5-427.
Rules for Local Exchange Telecommunications Company Service Quality Standards
(repealing 20VAC5-427-10 through 20VAC5-427-170).
20VAC5-428.
Rules Governing Local Exchange Telecommunications Carrier Retail Service
Quality (adding 20VAC5-428-10 through 20VAC5-428-120.
A public hearing
will be held September 25, 2008, at 10 a.m. at the State Corporation Commission
Courtroom, Richmond, Virginia. Written public comment may be submitted
until 5 p.m. on August 21, 2008.
Rules Governing
Local Exchange Telecommunications Carrier Retail Service Quality, 20VAC5-428,
replace the existing Rules for Local Exchange Telecommunications Company
Service Quality Standards, 20VAC5-427. The regulations apply to all
certificated local exchange carriers and prescribe a minimum acceptable
level of quality of service under normal operating conditions. The regulations
require the restoration of private property that has been disturbed
as a result of construction or maintenance operations. They require
companies with 10,000 or more network access lines to file quarterly
performance reports, which can be publicly available, covering four
performance standards including the restoration of out-of-service conditions,
responding to customer calls, installing telephone service, and meeting
scheduled customer appointments. They also set forth an enforcement
and sanction process to address any concern for inadequate service.
For more information
contact Steven Bradley, Department Director, Division of Communications,
State Corporation Commission, Richmond, Virginia, telephone (804)371-9420,
FAX (804)371-9069, or email steve.bradley@scc.virginia.gov.
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