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Volume 27, Issue 10 Virginia Register of Regulations January 17, 2011

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Volume 27, Issue 10 Virginia Register of Regulations January 17, 2011 http://register.dls.virginia.gov Virginia Code Commission Virginia Register of Regulations VOL. 27 ISS. 10 PUBLISHED EVERY OTHER WEEK BY THE VIRGINIA CODE COMMISSION JANUARY 17, 2011 TABLE OF CONTENTS Register Information Page .....................................................................................................................843 Publication Schedule and Deadlines .....................................................................................................844 Notices of Intended Regulatory Action.................................................................................................845 Regulations ..............................................................................................................................................846 1VAC20-50. Candidate Qualification (Final)..........................................................................................................................846 4VAC15-20. Definitions and Miscellaneous: in General (Final).............................................................................................847 4VAC15-20. Definitions and Miscellaneous: in General (Final).............................................................................................850 4VAC15-30. Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals (Final)...................................852 4VAC15-250. Game: Falconry (Final) ....................................................................................................................................855 4VAC15-320. Fish: Fishing Generally (Final) ........................................................................................................................857 4VAC15-330. Fish: Trout Fishing (Final) ...............................................................................................................................863 4VAC15-350. Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc (Final) ....................................................................................865 4VAC15-360. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish (Final) ..............................................866 4VAC15-370. Watercraft: in General (Final) ..........................................................................................................................867 4VAC15-390. Watercraft: Safe and Reasonable Operation of Vessels (Final)........................................................................869 4VAC15-410. Watercraft: Boating Safety Education (Final) ..................................................................................................869 4VAC20-1230. Pertaining to Restrictions on Shellfish (Emergency)......................................................................................870 4VAC25-165. Regulations Governing the Use of Arbitration to Resolve Coalbed Methane Gas Ownership Disputes (Emergency).........................................................................................................................................................................870 6VAC20-60. Rules Relating to Compulsory Minimum Training Standards for Dispatchers (Proposed)................................873 10VAC5-200. Payday Lending (Final) ....................................................................................................................................877 12VAC30-20. Administration of Medical Assistance Services (Proposed).............................................................................881 12VAC30-50. Amount, Duration, and Scope of Medical and Remedial Care Services (Proposed)........................................890 12VAC30-80. Methods and Standards for Establishing Payment Rates; Other Types of Care (Proposed).............................890 12VAC30-120. Waivered Services (Proposed)........................................................................................................................890 12VAC30-50. Amount, Duration, and Scope of Medical and Remedial Care Services (Final) ..............................................900 12VAC30-70. Methods and Standards for Establishing Payment Rates - Inpatient Hospital Services (Proposed).................907 12VAC30-80. Methods and Standards for Establishing Payment Rates; other Types of Care (Proposed) .............................907 12VAC30-120. Waivered Services (Notice of Extension of Emergency Regulation).............................................................914 18VAC48-50. Common Interest Community Manager Regulations (Proposed).....................................................................915 18VAC48-70. Common Interest Community Ombudsman Regulations (Proposed)...............................................................926 18VAC65-20. Regulations of the Board of Funeral Directors and Embalmers (Fast-Track) ..................................................932 18VAC85-120. Regulations Governing the Licensure of Athletic Trainers (Fast-Track) .......................................................935 22VAC40-80. General Procedures and Information for Licensure (Final)..............................................................................938 22VAC40-120. Minimum Standards for Licensed Family Day-Care Systems (Withdrawal of Proposed Regulation)...........940 22VAC40-121. Standards for Licensed Family Day Systems (Withdrawal of Proposed Regulation) ....................................940 THE VIRGINIA REGISTER OF REGULATIONS (USPS 001-831) is published biweekly by Matthew Bender & Company, Inc., 1275 Broadway, Albany, NY 12204-2694 for $197.00 per year. Periodical postage is paid in Albany, NY and at additional mailing offices. POSTMASTER: Send address changes to The Virginia Register of Regulations, 136 Carlin Road, Conklin, NY 13748-1531. TABLE OF CONTENTS 24VAC5-10. Public Participation Guidelines for the Enactment of Regulations (Fast-Track)................................................940 24VAC5-11. Public Participation Guidelines (Fast-Track) .....................................................................................................940 24VAC30-20. General Rules and Regulations of the Commonwealth Transportation Board (Fast-Track)............................944 24VAC30-21. General Rules and Regulations of the Commonwealth Transportation Board (Fast-Track)............................944 24VAC30-71. Minimum Standards of Entrances to State Highways (Fast-Track) .................................................................948 Governor................................................................................................................................................. 951 General Notices/Errata.......................................................................................................................... 957 THE VIRGINIA REGISTER INFORMATION PAGE REGISTER INFORMATION PAGE THE VIRGINIA REGISTER OF REGULATIONS is an official state unless withdrawn, becomes effective on the date specified, which shall publication issued every other week throughout the year. Indexes are be after the expiration of the period for which the Governor has provided published quarterly, and are cumulative for the year. The Virginia for additional public comment; (iii) the Governor and the General Register has several functions. The new and amended sections of Assembly exercise their authority to suspend the effective date of a regulations, both as proposed and as finally adopted, are required by law regulation until the end of the next regular legislative session; or (iv) the to be published in the Virginia Register. In addition, the Virginia agency suspends the regulatory process, in which event the regulation, Register is a source of other information about state government, unless withdrawn, becomes effective on the date specified, which shall including petitions for rulemaking, emergency regulations, executive be after the expiration of the 30-day public comment period and no orders issued by the Governor, and notices of public hearings on earlier than 15 days from publication of the readopted action. regulations. A regulatory action may be withdrawn by the promulgating agency at ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS any time before the regulation becomes final. An agency wishing to adopt, amend, or repeal regulations must first FAST-TRACK RULEMAKING PROCESS publish in the Virginia Register a notice of intended regulatory action; a Section 2.2-4012.1 of the Code of Virginia provides an exemption from basis, purpose, substance and issues statement; an economic impact certain provisions of the Administrative Process Act for agency analysis prepared by the Department of Planning and Budget; the regulations deemed by the Governor to be noncontroversial. To use this agency’s response to the economic impact analysis; a summary; a notice process, Governor's concurrence is required and advance notice must be giving the public an opportunity to comment on the proposal; and the provided to certain legislative committees. Fast-track regulations will text of the proposed regulation. become effective on the date noted in the regulatory action if no Following publication of the proposal in the Virginia Register, the objections to using the process are filed in accordance with § 2.2-4012.1. promulgating agency receives public comments for a minimum of 60 EMERGENCY REGULATIONS days. The Governor reviews the proposed regulation to determine if it is Pursuant to § 2.2-4011 of the Code of Virginia, an agency, upon
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