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Volume 15, Issue 5 Monday, November 23, 1998

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Volume 15, Issue 5 Monday, November 23, 1998 THE VIRGINIA REGISTER INFORMATION PAGE THE VIRGINIA REGISTER is an official state publication issued period; (ii) the Governor exercises his authority to require the agency to every other week throughout the year. Indexes are published quarterly, provide for additional public comment, in which event the regulation, and the last index of the year is cumulative. THE VIRGINIA REGISTER unless withdrawn, becomes effective on the date specified, which shall has several functions. The new and amended sections of regulations, be after the expiration of the period for which the Governor has provided both as proposed and as finally adopted, are required by law to be for additional public comment; (iii) the Governor and the General published in THE VIRGINIA REGISTER OF REGULATIONS. In Assembly exercise their authority to suspend the effective date of a addition, THE VIRGINIA REGISTER is a source of other information regulation until the end of the next regular legislative session; or (iv) the about state government, including all emergency regulations and agency suspends the regulatory process, in which event the regulation, executive orders issued by the Governor, the Virginia Tax Bulletin issued unless withdrawn, becomes effective on the date specified, which shall periodically by the Department of Taxation, and notices of public be after the expiration of the 30-day public comment period. hearings and open meetings of state agencies. Proposed regulatory action may be withdrawn by the promulgating ADOPTION, AMENDMENT, AND REPEAL OF agency at any time before the regulation becomes final. REGULATIONS EMERGENCY REGULATIONS An agency wishing to adopt, amend, or repeal regulations must first If an agency demonstrates that (i) there is an immediate threat to the publish in the Virginia Register a notice of intended regulatory action; a public’s health or safety; or (ii) Virginia statutory law, the appropriation basis, purpose, substance and issues statement; an economic impact act, federal law, or federal regulation requires a regulation to take effect analysis prepared by the Department of Planning and Budget; the no later than (a) 280 days from the enactment in the case of Virginia or agency’s response to the economic impact analysis; a summary; a notice federal law or the appropriation act, or (b) 280 days from the effective giving the public an opportunity to comment on the proposal; and the text date of a federal regulation, it then requests the Governor’s approval to of the proposed regulation. adopt an emergency regulation. The emergency regulation becomes Following publication of the proposal in the Virginia Register, the operative upon its adoption and filing with the Registrar of Regulations, promulgating agency receives public comments for a minimum of 60 unless a later date is specified. Emergency regulations are limited to days. The Governor reviews the proposed regulation to determine if it is addressing specifically defined situations and may not exceed 12 months necessary to protect the public health, safety and welfare, and if it is in duration. Emergency regulations are published as soon as possible in clearly written and easily understandable. If the Governor chooses to the Register. comment on the proposed regulation, his comments must be transmitted During the time the emergency status is in effect, the agency may to the agency and the Registrar no later than 15 days following the proceed with the adoption of permanent regulations through the usual completion of the 60-day public comment period. The Governor’s procedures. To begin promulgating the replacement regulation, the comments, if any, will be published in the Virginia Register. Not less agency must (i) file the Notice of Intended Regulatory Action with the than 15 days following the completion of the 60-day public comment Registrar within 60 days of the effective date of the emergency period, the agency may adopt the proposed regulation. regulation; and (ii) file the proposed regulation with the Registrar within The appropriate standing committee of each branch of the General 180 days of the effective date of the emergency regulation. If the agency Assembly may meet during the promulgation or final adoption process chooses not to adopt the regulations, the emergency status ends when and file an objection with the Registrar and the promulgating agency. the prescribed time limit expires. The objection will be published in the Virginia Register. Within 21 days STATEMENT after receipt by the agency of a legislative objection, the agency shall file a response with the Registrar, the objecting legislative committee, and The foregoing constitutes a generalized statement of the procedures the Governor. to be followed. For specific statutory language, it is suggested that Article 2 (§ 9-6.14:7.1 et seq.) of Chapter 1.1:1 of the Code of Virginia be When final action is taken, the agency again publishes the text of the examined carefully. regulation as adopted, highlighting all changes made to the proposed regulation and explaining any substantial changes made since CITATION TO THE VIRGINIA REGISTER publication of the proposal. A 30-day final adoption period begins upon final publication in the Virginia Register. The Virginia Register is cited by volume, issue, page number, and date. 12:8 VA.R. 1096-1106 January 8, 1996, refers to Volume 12, The Governor may review the final regulation during this time and, if Issue 8, pages 1096 through 1106 of the Virginia Register issued on he objects, forward his objection to the Registrar and the agency. In January 8, 1996. addition to or in lieu of filing a formal objection, the Governor may suspend the effective date of a portion or all of a regulation until the end "THE VIRGINIA REGISTER OF REGULATIONS" (USPS-001831) is of the next regular General Assembly session by issuing a directive published bi-weekly, with quarterly cumulative indices published in signed by a majority of the members of the appropriate standing January, April, July and October, for $100 per year by the Virginia Code committees and the Governor. The Governor’s objection or suspension Commission, General Assembly Building, Capitol Square, Richmond, of the regulation, or both, will be published in the Virginia Register. If the Virginia 23219. Telephone (804) 786-3591. Periodical Postage Rates Governor finds that changes made to the proposed regulation have Paid at Richmond, Virginia. POSTMASTER: Send address changes to substantial impact, he may require the agency to provide an additional THE VIRGINIA REGISTER OF REGULATIONS, 910 CAPITOL 30-day public comment period on the changes. Notice of the additional STREET, 2ND FLOOR, RICHMOND, VIRGINIA 23219. public comment period required by the Governor will be published in the The Virginia Register of Regulations is published pursuant to Article 7 Virginia Register. (§ 9-6.14:22 et seq.) of Chapter 1.1:1 of Title 9 of the Code of Virginia. The agency shall suspend the regulatory process for 30 days when it Individual copies, if available, may be purchased for $4.00 each from the receives requests from 25 or more individuals to solicit additional public Registrar of Regulations. comment, unless the agency determines that the changes have minor or inconsequential impact. Members of the Virginia Code Commission: Joseph V. Gartlan, Jr., A regulation becomes effective at the conclusion of the 30-day final Chairman; W. Tayloe Murphy, Jr., Vice Chairman; Robert L. adoption period, or at any other later date specified by the promulgating Calhoun; Bernard S. Cohen; Jay W. DeBoer; Frank S. Ferguson; agency, unless (i) a legislative objection has been filed, in which event James E. Kulp; E.M. Miller, Jr.; Jackson E. Reasor, Jr.; James B. the regulation, unless withdrawn, becomes effective on the date Wilkinson. specified, which shall be after the expiration of the 21-day extension Staff of the Virginia Register: Jane D. Chaffin, Registrar of Regulations. PUBLICATION DEADLINES AND SCHEDULES This schedule is available on the Register's Internet home page (http://legis.state.va.us/codecomm/register/regindex.htm). November 1998 through September 1999 Material Submitted Volume:Issue By Noon* Will Be Published On 15:5 November 4, 1998 November 23, 1998 15:6 November 17, 1998 (Tuesday) December 7, 1998 15:7 December 2, 1998 December 21, 1998 INDEX 1 - Volume 15 January 1999 15:8 December 15, 1998 (Tuesday) January 4, 1999 15:9 December 29, 1998 (Tuesday) January 18, 1999 15:10 January 13, 1999 February 1, 1999 15:11 January 27, 1999 February 15, 1999 15:12 February 10, 1999 March 1, 1999 15:13 February 24, 1999 March 15, 1999 15:14 March 10, 1999 March 29, 1999 INDEX 2 - Volume 15 April 1999 15:15 March 24, 1999 April 12, 1999 15:16 April 7, 1999 April 26, 1999 15:17 April 21, 1999 May 10, 1999 15:18 May 5, 1999 May 24, 1999 15:19 May 19, 1999 June 7, 1999 15:20 June 2, 1999 June 21, 1999 INDEX 3 - Volume 15 July 1999 15:21 June 16, 1999 July 5, 1999 15:22 June 30, 1999 July 19, 1999 15:23 July 14, 1999 August 2, 1999 15:24 July 28, 1999 August 16, 1999 15:25 August 11, 1999 August 30, 1999 15:26 August 25, 1999 September 13, 1999 FINAL INDEX - Volume 15 October 1999 *Filing deadlines are Wednesdays unless otherwise specified. Virginia Register of Regulations TABLE OF CONTENTS CUMULATIVE TABLE OF VIRGINIA TITLE 13. HOUSING ADMINISTRATIVE CODE SECTIONS VIRGINIA HOUSING DEVELOPMENT AUTHORITY ADOPTED, AMENDED, OR REPEALED Rules and Regulations for Allocation of Low-Income Housing Cumulative Table............................................................523 Tax Credits (amending 13 VAC 10-180-10, 13 VAC 10-180- 50, 13 VAC 10-180-60 and 13 VAC 10-180-90)...............554 NOTICES OF INTENDED REGULATORY TITLE 18. PROFESSIONAL AND OCCUPATIONAL ACTION LICENSING TITLE 8.
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