NOTICES OF INTENDED REGULATORY ACTION
Vol. 25 Iss. 3 - October 13, 2008

TITLE 8. EDUCATION
Rules Governing Fees and Charges
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider repealing the following regulations: 8VAC20-370, Rules Governing Fees and Charges and promulgating 8VAC20-720, Regulations Governing Local School Boards and School Divisions. The purpose of the proposed action is to repeal current regulations governing fees and charges and create a new regulation that will contain specific provisions regarding permissible fees, impermissible fees, policies for families that cannot afford the fees, and permissible and impermissible actions for the failure to pay the fees.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§22.1-16 and 22.1-321 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on November 14, 2008.

Agency Contact: Dr. Margaret N. Roberts, Office of Policy & Communications, Department of Education, P.O. Box 2120, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.

VA.R. Doc. No. R09-1531; Filed September 24, 2008, 9:54 a.m.
TITLE 8. EDUCATION
Regulations Governing the Operation of Private Day Schools for Students with Disabilities
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider repealing the following regulations: 8VAC20-670, Regulations Governing the Operation of Private Day Schools for Students with Disabilities, and promulgating 8VAC20-671, Regulations Governing the Operation of Private Day Schools for Students with Disabilities and Educational Programs Offered in Group Homes and Residential Facilities in the Commonwealth. Effective October 31, 2009, the provisions of the Code of Virginia are revised pursuant to legislation passed by the 2008 Acts of Assembly and signed by the Governor. The legislation eliminated the interdepartmental regulation of children's residential facilities. Thus, new regulations are needed to govern the operation of educational programs and services in children's residential facilities and group homes. The new regulations will provide provisions for the operation of schools for students with disabilities and hold all private providers of special education to consistent standards. The new regulations will allow consistency in the operation and management of these education programs.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§22.1-16 and 22.1-321 of Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on November 14, 2008.

Agency Contact: Dr. Margaret N. Roberts, Office of Policy & Communications, Department of Education, P.O. Box 2120, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.

VA.R. Doc. No. R09-1552; Filed September 24, 2008, 9:50 a.m.
TITLE 8. EDUCATION
Regulations Governing the Operation of Private Day Schools for Students with Disabilities and Educational Programs Offered in Group Homes and Residential Facilities in the Commonwealth
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider repealing the following regulations: 8VAC20-670, Regulations Governing the Operation of Private Day Schools for Students with Disabilities, and promulgating 8VAC20-671, Regulations Governing the Operation of Private Day Schools for Students with Disabilities and Educational Programs Offered in Group Homes and Residential Facilities in the Commonwealth. Effective October 31, 2009, the provisions of the Code of Virginia are revised pursuant to legislation passed by the 2008 Acts of Assembly and signed by the Governor. The legislation eliminated the interdepartmental regulation of children's residential facilities. Thus, new regulations are needed to govern the operation of educational programs and services in children's residential facilities and group homes. The new regulations will provide provisions for the operation of schools for students with disabilities and hold all private providers of special education to consistent standards. The new regulations will allow consistency in the operation and management of these education programs.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§22.1-16 and 22.1-321 of Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on November 14, 2008.

Agency Contact: Dr. Margaret N. Roberts, Office of Policy & Communications, Department of Education, P.O. Box 2120, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.

VA.R. Doc. No. R09-1552; Filed September 24, 2008, 9:50 a.m.
TITLE 8. EDUCATION
Regulations Governing Local School Boards and School Divisions
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider repealing the following regulations: 8VAC20-370, Rules Governing Fees and Charges and promulgating 8VAC20-720, Regulations Governing Local School Boards and School Divisions. The purpose of the proposed action is to repeal current regulations governing fees and charges and create a new regulation that will contain specific provisions regarding permissible fees, impermissible fees, policies for families that cannot afford the fees, and permissible and impermissible actions for the failure to pay the fees.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§22.1-16 and 22.1-321 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on November 14, 2008.

Agency Contact: Dr. Margaret N. Roberts, Office of Policy & Communications, Department of Education, P.O. Box 2120, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.

VA.R. Doc. No. R09-1531; Filed September 24, 2008, 9:54 a.m.
TITLE 12. HEALTH
Waterworks Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending the following regulations: 12VAC5-590, Waterworks Regulations. The purpose of the proposed action is to provide additional enforcement tools for addressing chronically noncompliant waterworks.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§32.1-12 and 32.1-170 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on November 12, 2008.

Agency Contact: Robert A. K. Payne, Compliance Manager, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7498, or email rob.payne@vdh.virginia.gov.

VA.R. Doc. No. R09-1136; Filed September 19, 2008, 10:16 a.m.
TITLE 12. HEALTH
Sewage Handling and Disposal Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider repealing the following regulations: 12VAC5-610, Sewage Handling and Disposal Regulations and promulgating 12VAC5-611, Onsite Sewage Regulations. The purpose of the proposed action is to adopt new performance-based regulations pertaining to locating, designing, constructing and operating onsite sewage systems and repeal existing regulations.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§32.1-12 and 32.1-164 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on November 12, 2008.

Agency Contact: Donald Alexander, Director, Division of Sewage and Water Services, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7473, FAX (804) 864-7475, or email don.alexander@vdh.virginia.gov.

VA.R. Doc. No. R09-1634; Filed September 23, 2008, 10:03 a.m.
TITLE 12. HEALTH
Onsite Sewage Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider repealing the following regulations: 12VAC5-610, Sewage Handling and Disposal Regulations and promulgating 12VAC5-611, Onsite Sewage Regulations. The purpose of the proposed action is to adopt new performance-based regulations pertaining to locating, designing, constructing and operating onsite sewage systems and repeal existing regulations.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§32.1-12 and 32.1-164 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on November 12, 2008.

Agency Contact: Donald Alexander, Director, Division of Sewage and Water Services, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7473, FAX (804) 864-7475, or email don.alexander@vdh.virginia.gov.

VA.R. Doc. No. R09-1634; Filed September 23, 2008, 10:03 a.m.
TITLE 12. HEALTH
Methods and Standards for Establishing Payment Rate; other Types of Care
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending the following regulations: 12VAC30-80, Methods and Standards for Establishing Payment Rate; Other Types of Care. The purpose of the proposed action is to implement reimbursement changes for Ambulatory Surgery Centers (ASCs). The Centers for Medicare and Medicaid Services (CMS) implemented a new reimbursement system for ASCs in calendar year 2007. This action will also implement reimbursement changes for outpatient rehabilitation facilities that are currently reimbursed on a cost basis.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§32.1-324 and 32.1-325 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on November 12, 2008.

Agency Contact: Brian McCormick, Regulatory Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-8856, FAX (804) 786-1680, or email brian.mccormick@dmas.virginia.gov.

VA.R. Doc. No. R09-1405; Filed September 24, 2008, 10:27 a.m.
TITLE 13. HOUSING
Manufactured Housing Licensing and Transaction Recovery Fund Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Manufactured Housing Board intends to consider amending the following regulations: 13VAC6-20, Manufactured Housing Licensing and Transaction Recovery Fund Regulations. The purpose of the proposed action is to bring the regulation into compliance with 2008 legislation; assess adequacy of licensure fees; delete and add text based on recommendations from the Office of Attorney General; and clarify application of regulations for claims against the regulants.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §36-85.18 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on November 12, 2008.

Agency Contact: Steve Calhoun, Regulatory Coordinator, Department of Housing and Community Development, 501 North Second Street, Richmond, VA 23219, telephone (804) 371-7015, FAX (804) 371-7090, or email steve.calhoun@dhcd.virginia.gov.

VA.R. Doc. No. R09-1572; Filed September 23, 2008, 11:11 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Virginia Board of Dentistry Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Dentistry intends to consider amending the following regulations: 18VAC60-20, Virginia Board of Dentistry Regulations. The purpose of the proposed action is to promulgate regulations for registration of dental assistants II as required by Chapters 84 and 264 of the 2008 Acts of Assembly.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §54.1-2400 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on November 12, 2008.

Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4538, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.

VA.R. Doc. No. R09-1526; Filed September 23, 2008, 11:03 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Virginia Board of Pharmacy Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Pharmacy intends to consider amending the following regulations: 18VAC110-20, Virginia Board of Pharmacy Regulations. The purpose of the proposed action is to set the renewal dates in regulation as prescribed in Chapter 330 of the 2008 Acts of Assembly.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §54.1-2400 of the Code of Virginia.

Public comments: Public comments may be submitted until 5 p.m. on November 12, 2008.

Agency Contact: Elizabeth Scott Russell, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4456, FAX (804) 527-4472, or email scotti.russell@dhp.virginia.gov.

VA.R. Doc. No. R09-1311; Filed September 23, 2008, 1:34 p.m.
TITLE 22. SOCIAL SERVICES
Virginia Independence Program
Withdrawal of Notice of Intended Regulatory Action

Notice is hereby given that the State Board of Social Services has WITHDRAWN the Notice of Intended Regulatory Action for 22VAC44-35, Virginia Independence Program, which was published in 22:26 VA. R 3992 September 4, 2006. The intent of the notice of intended regulatory action was accomplished with the adoption of an exempt final regulation that was approved by the State Board of Social Services on June 20, 2007, and was published in the Virginia Register on July 23, 2007.

Contact: Richard Martin, Department of Social Services, 7 N. 8th Street, Richmond, VA 23219, telephone (804) 726-7902, FAX (804) 726-7906, or email richard.martin@dss.virginia.gov

VA.R. Doc. No. R06-328; Filed September 24, 2008,