Virginia Register of Regulations Vol. 8 Iss. 20
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OF REGULATIONS VA DOC VOLUME EIGHT • ISSUE TWENTY June 29, 1992 .I I Pages 3463 Through 3616 VIRGINIA REGISTER be after the expiration of the twenty-one day extension period; or (ii) the Governor exercises his authority to suspend the regulatory 'The Virginia Register is an official state publication issued process for solicitation of additional public comment, in which every other week throughout the year. Indexes are published event the regulation, unless withdrawn, becomes effective on the quarterly, and the last index of the year is cumulative. date specified which date shall be after the expiration of the The Virginia Register has several functions. The full text of all period for which the Governor has suspended the regulatory regulations, both as proposed and as finally adopted or changed process. by amendment are required by law to be published in the Proposed action on regulations may be withdrawn by the Virginia Register of Regulations. promulgating agency at any time before the regulation becomes In addition, the Virginia Register is a source of other final. information about state government, including all Emergency Regulations issued by the Governor, and Executive Orders, the EMERGENCY REGULATIONS Virginia Tax Bulletin issued periodically by the Department of Taxation, and notices of all public hearings and open meetings of If an agency determines that an emergency situation exists, it state agencies. then requests the Governor to issue an emergency regulation. The emergency regulation becomes operative upon its adoption and ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS filing with the Registrar of Regulations, unless a later date is specified. Emergency regulations are limited in time and cannot An agency wislting to adopt, amend, or repeal regulations must exceed a twelve-months duration. The emergency regulations will first publish in the Virginia Register a notice of proposed action; be published as quickly as possible in the Virginia Register. a basis, purpose, impact and summary statement; a notice giving During the time the emergency status is in effect, the agency the public an opportunity to comment on the proposal, and the may proceed with the adoption of permanent regulations through text of tbe proposed regulations. the usual procedures (See "Adoption, Amendment, and Repeal of Under the provisions of the Administrative Process Act, the Regulations," above). If the agency does not choose to adopt the Registrar has the right to publish a summary, rather than the full regulations, the emergency status ends when the prescribed time text, of a regulation which is considered to be too lengthy. In limit expires. such case, the full text of the regulation will be available for public inspection at the office of the Registrar and at the office STATEMENT of the promulgating agency. Following publication of the proposal in the Virginia Register, The foregoing constitutes a generalized statement of the sixty days must elapse before the agency may take action on the procedures to be followed. For specific statutory language, it is proposal. suggested that Article 2 of Chapter 1.1:1 (§§ 9-6.14:6 through During this time, the Governor and the General Assembly will 9-6.14:9) of the Code of Virginia be examined carefully. review the proposed regulations. The Governor will transmit his comments on the regulations to the Registrar and the agency and CITATION TO THE VIRGINIA REGISTER such comments will be published in the Virginia Register. Upon receipt of the Governor's comment on a proposed The Virginia Register is cited by volume, issue, page number, regulation, the agency (i) may adopt the proposed regulation, if and date. 1:3 VA.R. 75~77 November 12, 1984 refers to Volume 1, the Governor has no objection to the regulation; (ii) may modify Issue 3, pages 75 through 77 of the Virginia Register issued on and adopt the proposed regulation after considering and November 12, 1984. incorporating the Governor's suggestions, or (iii) may adopt the regulation without changes despite the Governor's recommendations for change. "The Virginia Register of Regulations" (USPS-001831) is The appropriate standing committee of each branch of the published bi-weekly, except four times in January, April, July and General Assembly may meet during the promulgation or final October" for $100 per year by the Virginia Code Commission, adoption process and file an objection with the Virginia Registrar General Assembly Building, capitol Square, Richmond, Virginia and the promulgating agency. The objection will be published in 23219. TelephOne (804) 786-3591. Second-Class Postage Rates Paid the Virginia Register. Within twenty-one days after receipt by the at Richmond, Virginia. POSTMASTER: Send address changes to agency of a legislative objection, the agency shall file a response the Virginia Register of Regulations, 910 Capitol Street, 2nd Floor, with the Registrar, the objecting legislative Committee, and the Richmond, VIrginia 23219. Governor The Virginia Register of Regulations is published pursuant to When final action is taken, the promulgating agency must again Article 7 of Chapter 1.1:1 (§ 9-6.14:2 et seq.) of the Code of publish the text of the regulation, as adopted, highlighting and Virginia. Individual copies are available for $4 each from the explaining any substantial changes in the final regulation. A Registrar of Regulations. thirty"day final adoption period will commence upon publication in Members 2! the Virginia Code Commission: Joseph V. Gartlan, the Virginia Register. Jr. , Chairman, W. Tayloe Murphy, Jr., Vice Chairman; Russell The Governor will review the final regulation during this time M. Carneal; Bernard S. Cohen; Gail S. Marshall; E. M. Miller, and if he objects, forward his objection to the Registrar and the Jr.; Theodore V. Morrison, Jr.; William F. Parkerson, Jr.; agency. His objection will be published in the Virginia Register. If Jackson E. Reasor, Jr. the Governor finds that changes made to the proposed regulation Staff Qf. the Virginia Register: Joan W. Smith, Registrar of are substantial, he may suspend the regulatory process for thirty Regulations; Ann M. Brown, Deputy Registrar of Regulations. days and require the agency to solicit additional public comment on the substantial changes. A regulation becomes effective at the conclusion of this thirty·day final adoption period, or at any other later date specified by the promulgating agency, unless (i) a legislative objection has been filed, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall VIRGINIA REGISTER OF REGULATIONS PUBLICATION DEADLINES AND SCHEDULES March 1992 through June 1993 MATERIAL SUBMITTED BY PUBLICATION DATE Noon \1/ednesday Volume 8 - 1992 Mar. 18 Apr. 6 Apr. 1 Apr. 20 Apr. 15 May 4 Apr. 29 May 18 May 13 June 1 May 27 June 15 June lO June 29 Index 3 - Volume 8 June 24 July 13 July 8 July 27 July 22 Aug. 10 Aug. 5 Aug. 24 Aug. 19 Sept. 7 Sept. 2 Sept. 21 Final Index - Volume 8 Volume 9 - 1992-93 Sept. 16 Oct. 5 Sept. 30 Oct. 19 Oct. 14 Nov. 2 Oct. 28 Nov. 16 Nov. II Nov. 30 Nov. 25 Dec. 14 Dec. 9 Dec. 28 Index I Volume 9 Dec. 23 Jan. 11, 1993 Jan. 6 Jan 25 Jan. 20 Feb. 8 Feb. 3 Feb. 22 Feb. 17 Mar. l Mar. 3 Mar. 15 Mar. 17 Mar. 29 Index 2 Volume 9 Mar. 31 Apr. 12 Apr. 14 Apr. 26 Apr. 28 May 10 May 12 May 24 May 26 June 7 June 9 June 21 June 16 June 28 Index 3 - Volume 9 TABLE OF CONTENTS NOTICES OF INTENDED REGULATORY Program. (VR 240-04-2) .................................................. 3517 ACTION DEPARTMENT OF HEALTH (STATE BOARD OF) Notices of Intent ............................................................. 3465 Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings. (VR 355-34-400) ............................................................... 3523 PROPOSED REGULATIONS STATE COUNCIL OF HIGHER EDUCATION FOR DEPARTMENT OF AGRICULTURE AND VIRGINIA CONSUMER SERVICES (BOARD OF) Policies and Procedures for the Virginia Graduate Rules and Regulations Governing the Prevention, and Undergraduate Assistance Program. (VR Control and Eradication of Bovine Tuberculosis 380-03-05) ·········································································· 3554 (REPEALED). (VR ll5-02-02) ...................................... 3470 Rules and Regulations Governing the Prevention, Control, and Eradication of Tuberculosis in Bovidae, EMERGENCY REGULATIONS Cervidae, and Capridae in Virginia. (VR ll5-02-02:1) ALCOHOLIC BEVERAGE CONTROL BOARD ···························································································· 3470 Other Provisions. (VR 125-01-7) .................................... 3557 Rules and Regulations Governing the Prevention, Control and Eradication of Brucellosis of Cattle in DEPARTMENT OF SOCIAL SERVICES (BOARD Virginia (REPEALED). (VR ll5-02-03) ....................... 3481 OF) Rules and Regulations Governing the Prevention, Regulation for Criminal Record Checks for Homes Control and Eradication of Brucellosis of Bovidae in for Child Welfare Agencies. (VR 615-36-01 and Virginia. (VR ll5-02-03:1) .............................................. 3481 175-10-01) ·········································································· 3557 Health Requirements Governing the Admission of Regulation for Criminal Record Checks for Homes Livestock, Poultry, Companion Animals, and Other for Adults and Adult Day Care Centers. (VR Animals or Birds into Virginia (REPEALED). (VR 615-37-01) ··········································································