GENERAL NOTICES/ERRATA
Vol. 30 Iss. 20 - June 02, 2014

GENERAL NOTICES/ERRATA

STATE CORPORATION COMMISSION

AT RICHMOND, MAY 1, 2014

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. INS-2013-00238

Ex Parte: In the matter of revising the
Rules Governing Long-term Care Insurance

ORDER SCHEDULING HEARING

On November 26, 2012, the State Corporation Commission ("Commission") initiated a proceeding to consider whether Chapter 200 of Title 14 of the Virginia Administrative Code, entitled Rules Governing Long-term Care Insurance, 14 VAC 5-200-10 et seq. ("Rules"),1 should be revised. This proceeding follows a report filed by the Bureau of Insurance ("Bureau"), at the direction of the Commission, which studied the premium rate increases implemented by insurers writing long-term care insurance in Virginia on or after January 1, 2009 ("Report").2 The Bureau's Report was filed on October 4, 2013.

Subsequently, the Commission found that it was appropriate to undertake a review of the Report and the Rules and consider proposing revisions to the Rules. The Commission therefore provided interested persons, including insurers writing long-term care insurance in Virginia, an opportunity to comment on the Report or propose amendments to the Rules on or before February 1, 2014.3

On January 13, 2014, the Commission entered an Amending Order requesting that additional notice of the opportunity to comment on the Report and propose amendments to the Rules be provided to the general public, as well as to specific individuals who filed written complaints or inquiries with the Bureau regarding long-term care premium rate increases within the last two years.4 The Commission also directed the Bureau to file a response to such comments or proposed amendments on or before May 1, 2014.

On or before March 14, 2014, the Bureau received filed comments from 171 residents of Virginia. The Bureau also received comments from Genworth Financial and jointly from two major trade associations: the American Council of Life Insurers and America's Health Insurance Plans.

The Bureau filed its Response on May 1, 2014 ("Response").

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds that we should allow an opportunity for public oral comments regarding the Bureau's Response and other filings in this docket. We note that written comments already filed in this docket will remain under the Commission's consideration whether or not the commenter provides additional oral comments. 

Accordingly, IT IS ORDERED THAT:

(1) On June 19, 2014, starting at 10 a.m. in the Commission's Courtroom, Second Floor, Tyler Building, 1300 East Main Street, Richmond, Virginia 23219, the Commission will receive comments on the Bureau's Response and other filings in this docket.

(2) The Commission's Division of Information Resources shall make a downloadable version of this Order Scheduling Hearing available for public access on the Commission's website at http://www.scc.virginia.gov/case. The Clerk of the Commission also shall make a copy of this Order Scheduling Hearing available, free of charge, in response to any written request for one.

(3) The Clerk of the Commission shall send a copy of this Order Scheduling Hearing to the Bureau in care of Deputy Commissioner Althelia P. Battle, who forthwith shall mail a copy of this Order Scheduling Hearing to: (i) all persons who have filed written complaints or inquiries with the Bureau regarding long-term care premium rate increases within the last two years; (ii) all insurance companies who reported Long-Term Care Insurance Earned Premium in the 2012 Long-Term Care Reporting Form; (iii) all persons who have filed comments in this docket; and (iv) all other interested persons.

(4) The Bureau shall file with the Clerk of the Commission, on or before May 21, 2014, an affidavit of compliance with the notice requirements set forth in Paragraph (3).

(5) The Division of Information Resources shall have the following public notice published as display advertising (not classified) on one (1) occasion by May 21, 2014, in a newspaper of general circulation published in each of the following cities: Richmond, Norfolk, Newport News, Roanoke, Winchester, Lynchburg, Danville, Bristol, Fredericksburg, and Alexandria:

NOTICE TO THE PUBLIC OF THE OPPORTUNITY TO COMMENT ON THE BUREAU OF INSURANCE'S RESPONSE TO COMMENTS RECEIVED REGARDING LONG-TERM CARE INSURANCE PREMIUM RATE INCREASES

CASE NO. INS-2013-00238

Notice is hereby given to the public that the State Corporation Commission ("Commission") is seeking comments on the Bureau of Insurance's ("Bureau") response filed in Case No. INS-2013-00238 concerning long-term care insurance premium rate increases.

On November 25, 2012, the Commission initiated a proceeding to consider whether Chapter 200 of Title 14 of the Virginia Administrative Code, entitled Rules Governing Long-term Care Insurance, 14 VAC 5-200-10 et seq. ("Rules"), should be revised. This proceeding follows a report filed by the Bureau, at the direction of the Commission, which studied the premium rate increases implemented by insurers writing long-term care insurance in Virginia on or after January 1, 2009 ("Report"). The Bureau's Report was filed on October 4, 2013.

Subsequently, the Commission found that it was appropriate to undertake a review of the Report and the Rules and consider proposing revisions to the Rules. The Commission therefore provided, to the general public, interested persons, and specific individuals who filed written complaints or inquiries with the Bureau on long-term care premium rate increases within the last two years, an opportunity to comment on the Report or propose amendments to the Rules.

The Bureau has received these comments and, on May 1, 2014, filed its Response. The Commission now seeks comments on the Bureau's Response and other filings in Case No. INS-2013-00238.

A copy of the Bureau's Response and other filings in this docket may be found on the Commission's website: http://www.scc.virginia.gov/case, by selecting the "Docket Search" feature and searching for Case No. INS-2013-00238.

Any person who desires to comment on the Bureau's Response or other filings in this docket shall appear in the Commission's Courtroom at 9:45 a.m. on June 19, 2014, and contact the Commission's Bailiff. Individuals with disabilities who require an accommodation to participate in the hearing should contact the Commission at least seven (7) days before the scheduled hearing at 1-800-552-7945 (voice) or 1-804-371-9206 (TDD).

The Commission's Rules of Practice and Procedure may be viewed at: http://www.scc.virginia.gov/case. A printed copy of the Commission's Rules of Practice and Procedure and an official copy of the Commission's Order Scheduling Hearing in this case may be obtained from Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia  23218-2118.

STATE CORPORATION COMMISSION

(6) This matter is continued.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: C. Meade Browder, Jr., Senior Assistant Attorney General, Division of Consumer Counsel, Office of the Attorney General, 900 East Main Street, Second Floor, Richmond, Virginia 23219; and to all persons who filed comments with regard to this matter. A copy also shall be delivered to the Commission's Office of General Counsel and the Bureau of Insurance in care of Althelia P. Battle, Deputy Commissioner.

________________________________________________

1 The Rules can be found at: http://lis.virginia.gov/000/reg/TOC14005.HTM#C0200.

2 Commonwealth of Virginia ex rel. State Corporation Commission, Ex Parte: In the matter of investigating long-term care insurance premium rates, Case No. INS-2012-000282, Doc. Con. Cen. No. 121130186, Order Directing Report (Nov. 26, 2012).

3 Commonwealth of Virginia, ex rel. State Corporation Commission, Ex Parte: In the matter of revising the Rules Governing Long-term Care Insurance, Case No. INS-2013-00238, Doc. Con. Cen. No. 131130115, Order Initiating Proceeding (Nov. 25, 2013).

4 Commonwealth of Virginia, ex rel. State Corporation Commission, Ex Parte: In the matter of revising the Rules Governing Long-term Care Insurance, Case No. INS-2013-00238, Doc. Con. Cen. No. 140120003, Amending Order (Jan. 13, 2014).

DEPARTMENT OF LABOR AND INDUSTRY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Labor and Industry has conducted a small business impact review of 16VAC15-30, Virginia Rules and Regulations Declaring Hazardous Occupations and determined that this regulation should be retained in its current form. The Department of Labor and Industry is publishing its report of findings dated May 13, 2014, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is a continuing need for this regulation because it is required by state law. No public comments were received on this regulation during the public comment period. This regulation is not overly complex. This regulation does not overlap, duplicate, or conflict with any federal or state law or regulations. There have not been any significant changes in technology, economic conditions, or other factors in the area affected by this regulation since it was amended in 2010. The department determined, consistent with the stated objectives of applicable law, this regulation does not have an adverse economic impact on small businesses, and that this regulation should be retained with no changes.

Contact Information: Reba O’Connor, Regulatory Coordinator, Virginia Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 371-2631, FAX (804) 371-6524, or email oconnor.reba@dol.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order for Aqua Presidential, Inc.

An enforcement action has been proposed for Aqua Presidential, Inc. for violations of the State Water Control Law and regulations in King George County. The State Water Control Board proposes to issue a consent order resolving violations at the Presidential Lakes, Section 14 – Wastewater Treatment Plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from June 3, 2014, through July 3, 2014.

Proposed Consent Order for DuPont Teijin Films U.S. Limited Partnership

An enforcement action has been proposed for DuPont Teijin Films U.S. Limited Partnership for alleged violations at DuPont Teijin Films, Hopewell Site at 3600 Discovery Drive, Chesterfield, Virginia. The State Water Control Board proposes to issue a consent special order to DuPont Teijin Films U.S. Limited Partnership to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Gina Pisoni will accept comments by email at gina.pisoni@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from June 2, 2014, through July 3, 2014.

Proposed Consent Order for Mountain Materials, Inc.

An enforcement action has been proposed for Mountain Materials, Inc. for violations in Grayson County. The proposed consent order addresses violations of the State Water Control Law and VPDES General Permit Registration No. VAG840011 at the Lyall Stone Plant, near Mouth of Wilson, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Ralph T. Hilt will accept comments by email at ralph.hilt@deq.virginia.gov, FAX at (276) 676-4899, or postal mail at Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from June 3, 2014, through July 3, 2014.

Proposed Consent Order for Salvation Army

An enforcement action has been proposed for the Salvation Army. The consent order describes a settlement to resolve violations of State Water Control Law and the applicable regulations associated with the Salvation Army Camp Happyland Wastewater Treatment Plant located in Richardsville, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from June 3, 2014, through July 3, 2014.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/connect/commonwealth-calendar.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

ERRATA

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Title of Regulation: 13VAC5-63. Virginia Uniform Statewide Building Code.

Publication: 30:16 VA.R. 2071-2229 April 7, 2014

Correction to Final Regulation:

Page 2106, 13VAC5-63-210 S 52, Table R507.5, row 1, column 1, after "Species" replace superscript "a" with superscript "b"

Page 2155, 13VAC5-63-210 S 85, column 2, in N1102.4.1.3 (R402.4.1.3) Leakage rate (Prescriptive). after "air leakage rate" change "not exceeding" to "less than"

VA.R. Doc. No. R12-3159; Filed May 9, 2014 10:02 a.m.