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Virginia Register of Regulations Vol. 2 Iss. 22

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Virginia Register of Regulations Vol. 2 Iss. 22 HfVIKGINIAROOISTEK i OF REGULATIONS ~ VOLUME TWO • ISSUE TWENTY-TWO August 4, .I .,I ' I I PAGES 2137 THROUGH 2234 INFORMATION ABOUT THE VIRGINIA REGISTER OF REGULATIONS VIRGINIA REGISTER require the agency to solicit additional public comment on the substantial changes. The Virginia Register is an official state publication A regulation becomes effective at the conclusion of issued every other week throughout the year. Indexes are this thirty-day final adoption period, or at any other later published quarterly, and the last index of the year is date specified by the promulgating agency, unless (i) a cumulative. legislative objection has been filed, in which event the The Virginia Register has several functions. The full regulation, unless withdrawn, becomes effective on the text of all regulations, both as proposed and as finally date specified, which shall be after the expiration of the adopted or changed by amendment are required by law to twenty-one day extension period; or (ii) the Governor be published in the Virginia Register of Regulations. exercises his authority to suspend the regulatory process In addition, the Virginia Register is a source of other for solicitation of additional public comment, in which information about state government, including all event the regulation, unless withdrawn, becomes effective Emergency Regulations issued by the Governor, and on the date specified which date shall be after the Executive Orders, the Virginia Tax Bulletin issued monthly expiration of the period for which the Governor has by the Department of Taxation, and notices of all public suspended the regulatory process. hearings and open meetings of state agencies. Proposed action on regulations may be withdrawn by the promulgating agency at any time before final action is taken. ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS EMERGENCY REGULATIONS An agency wishing to adopt, amend, or repeal regulations must first publish in the Virginia Register a If an agency determines that an emergency situation notice of proposed action; a basis, purpose, impact and exists, it then requests the Governor to issue an summary statement; a notice giving the public an emergency regulation. The emergency regulation becomes opportunity to comment on the proposal, and the text of operative upon its adoption and filing with the Registrar of the proposed regulations. Regulations, unless a later date is specified. Emergency Under the provisions of the Administrative Process regulations are limited in time and cannot exceed a Act, the Registrar has the right to publish a summary, twelve-months duration. The emergency regulations will be rather than the full text, of a regulation which is published as quickly as possible in the Virginia Register. considered to be too lengthy. In such case, the full text of · During the time the emergency status is in effect, the the regulation will be available for public inspection at the agency may proceed with' the adoption of permanent office of the Registrar and at the office of the regulations through the usual procedures (See "Adoption, promulgating agency. Amendment, and Repeal of Regulations," above). If the Following publication of the proposal in the Virginia agency does not choose to adopt the regulations, the Register, sixty days must elapse before the agency may emergency status ends when the prescribed time limit take action on the proposaL expires. During this time, the Governor and the General Assembly will review the proposed regulations. The Governor will transmit his comments on the regulations to STATEMENT the Registrar and the agency and such commepts will be published in the Virginia Register. The foregoing constitutes a generalized statement of Upon receipt of the Governor's comment on a the procedures to be followed. For specific statutory proposed regulation, the agency (i) may adopt the language, it is suggested that Article 2 of Chapter 1.1:1 (S~ proposed regulation, if the Governor has no objection to 9-6.14:6 through 9-6.14:9) of the Code of Virginia be the regulation; (ii) may modify and adopt the proposed examined carefully. regulation after considering and incorporating the Governor's suggestions, or (iii) may adopt the regulation without changes despite the Governor's recommendations CITATION TO THE VIRGINIA REGISTER for change. The appropriate standing committee of each branch of The Virginia Register is cited by volume, issue, page the General Assembly may meet during the promulgation number, and date. 1:3 VA.R. 75·77 November 12, 1984 or final adoption process and file an objection with the refers to Volume 1, Issue 3, pages 75 through 77 of the Virginia Registrar and the promulgating agency. The Virginia Register issued on November 12, 1984. objection will be published in the Virginia Reg•ster. Within twenty-one days after receipt by the agency of a Vlrtdnla Realater !!! Reaulatlons. Published bi-weekly, with an Index legislative objection, the agency shall file a response with published quarterly by the Commonwealth of Vlrgjnla, Virginia Code the Registrar, the objecting legislative Committee, and the Commlsslon, P.O. Box 3-AG, Richmond, Virginia 23208, pursuant to Article 7 Governor ot Chapter l.l:l (§ 9-8.14:2 et seq.) of the Code of Virginia. Subscriptions When final action is taken, the promulgating agency $85 per year, postpaid to points In the U.S., 3rd-Ciass postage paid at must again publish the text of the regulation, as adopted, Richmond, Virginia and Individual copies $4 each. Direct all mall to Registrar of Regulations, P.O. Box 3-AG, Richmond, VIrginia 23208, highlighting and explaining any substantial changes in the Telephone (804) 786-3591. final regulation. A thirty-day final adoption period will Members Q! the VirKlnla Code Commission· Theodore V. Morrison, Jr., commence upon publication in the Virginia Register. Chalnnan, Delegate; Dudley J. Emick, Jr., VIce Chairman Senator; A. L. The Governor will review the final regulation during Philpott, Speaker of the House of Delegates; James P. Jones, Senator; Ruaell M. Carneal, Circuit Judge; John Wingo Knowles. Retlred Circuit this time and if he objects, forward his objection to the Judge; H. Lane Kneedler, Chief Deputy Attorney General; John A. Banks, Registrar and the agency. His objection will be published Jr., Secretary, Director of the Division of Legislative Services. in the Virginia Register. If the Governor finds that ~ 2! !!!§. Vlr!dnla ReQJster: Joan W. Smith, Registrar of Regulations; changes made to the ·proposed regulation are substantial, Ana M. Brown, Assistant Registrar of Regulations. he may suspend the regulatory process for thirty days and VIRGINIA REGISTER OF REGULATIONS PUBLICATION DEADLINES AND SCHEDULES MATERIAL SUBMITTED BY PUBLICATION DATE 12 noon Wednesday July 7 June 18 July 21 July 2 Aug. 4 July 16 Aug. 18 July 30 Sept. 1 Aug. 13 Sept. 15 Aug. 27 Sept. 211 Sept. 10 Final Index - Volume II Oct. 13 Sept. 24 Oct. 27 Oct. 8 Nov. 10 Oct. 22 Nov. 24 Nov. 5 Dec. 8 Nov. 19 Dec. 22, Dec. 3 Index - 1st Issue, Volume III 1987 Jan. 5 Dec. 17 Jan. 111 Dec. 31 Feb. 2 Jan. 14 Feb. 16 Jan. 28 Mar. 2 Feb. 11 Mar. 16 Feb. 25 Index - 2nd Issue Mar. 30 Mar. 11 Apr. 13 Mar. 25 Apr. 27 Apr. 8 May 11 Apr. 22 May 211 May 6 June 8 May 20 June 22 June 3 Index - 3rd Issue July 6 June 17 July 20 July 1 Aug. 3 July 15 Aug. 17 July 29 Aug. 31 Aug. 12 Sept. 14 Aug. 26 Sept. 28 Sept. 9 Final Index - Volume III TABLE OF CONTENTS PROPOSED REGULATIONS BOARD OF OPTOMETRY Rules and Regulations IV: Renewal Fees. Regulation BOARD OF EDUCATION VII: Applicants. ... ................. ........... ................. ... .. .. .......... 2195 Regulations Governing Pupil Transportation Including Minimum Standards lor School Buses In VIrginia. (VR 270-01-0006) .............................................................. 2139 STATE CORPORATION COMMISSION Amending Rules and Regulations Governing the DEPARTMENT OF HEALTH Operation o! Motor Vehicles under Lease. Case No. MCS860032 ......................................................................... 2196 Commonwealth o! VIrginia Sanitary Regulations lor Marinas and Boat Moorings. (VR 355-17-01) ............... 2166 Investigation o! Private Resale or Shared use o! Local Exchange Services. Case No. PUC850036 .......... 2196 DEPARTMENT OF TAXATION GOVERNOR Innovative High Technology Industries and Research (Retail Sales and Use Tax). (VR 630-10-49.2) ............. 2179 GOVERNOR'S COMMENTS FINAL REGULATIONS Department of Health VIrginia Voluntary Formulary (1987 Revision). (VR BOARD OF HOUSING AND COMMUNITY 355-01-4) ············································································· 2201 DEVELOPMENT VIrginia Uniform Statewide Building Code, Volume II Department of Social Services - Building Maintenance Code/1984 Edition. (VR Definition of a Home in the Aid to Dependent 394-01-22) ··········································································· 2182 Children (ADC) Program. (VR 615-01-9) ...................... 2201 DEPARTMENT OF MOTOR VEHICLES GENERAL NOTICES/ERRATA VIrginia Oil Company Excise Tax Rules and Regulations (REPEALED) .............................................. 2182 NOTICES OF INTENDED REGULATORY ACTION ... 2201 GENERAL NOTICES DEPARTMENT OF THE TREASURY AND TREASURY BOARD Department of Health Public Participation Guidelines lor the Department o! the Treasury and Treasury Board. (VR 640-01-1) . 2182 Notice to Persons Desiring to Participate in Rule-Making ...................................................................... 2209 EMERGENCY REGULATIONS
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