NOTICES OF INTENDED REGULATORY ACTION
Vol. 32 Iss. 8 - December 14, 2015

TITLE 1. ADMINISTRATION
Regulations Banning Concealed Firearms in Offices Owned or Occupied by Executive Branch Agencies
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of General Services intends to consider adopting 1VAC30-105, Regulations Banning Concealed Firearms in Offices Owned or Occupied by Executive Branch Agencies. The purpose of this proposed action is to implement Executive Order 50 (McAuliffe 2015), which bans firearms in executive branch agency offices. The proposed regulation will prohibit concealed firearms in offices and workplace facilities under the ownership, lease, or control of an executive branch agency and includes a requirement for posting signs to this effect.

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

Statutory Authority: § 2.2-1102 of the Code of Virginia.

Public Comment Deadline: January 27, 2016.

Agency Contact: Rhonda Bishton, Regulatory Coordinator, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305, or email rhonda.bishton@dgs.virginia.gov.

VA.R. Doc. No. R16-4572; Filed December 3, 2015, 3:48 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities
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 Corrections intends to consider repealing 6VAC15-80, Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities and adopting 6VAC15-81, Standards for Planning, Design, Construction, and Reimbursement of Local Correctional Facilities. The purpose of the proposed action is to repeal the existing regulation, 6VAC15-80, and replace it with a new regulation, 6VAC15-81. The new regulation will update the regulations to current Code of Virginia requirements and current fire code, building code, and audit standards for the construction of local correctional facilities.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 17 (2014) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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

Statutory Authority: §§ 53.1-5, 53.1-80, 53.1-81, and 53.1-82 of the Code of Virginia.

Public Comment Deadline: January 14, 2016.

Agency Contact: Jim Bruce, Agency Regulatory Coordinator, Department of Corrections, P.O. Box 26963, Richmond, VA 23261-6963, telephone (804) 887-8215, or email james.bruce@vadoc.virginia.gov.

VA.R. Doc. No. R16-4552; Filed November 13, 2015, 4:10 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Standards for Planning, Design, Construction, and Reimbursement of Local Correctional Facilities
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 Corrections intends to consider repealing 6VAC15-80, Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities and adopting 6VAC15-81, Standards for Planning, Design, Construction, and Reimbursement of Local Correctional Facilities. The purpose of the proposed action is to repeal the existing regulation, 6VAC15-80, and replace it with a new regulation, 6VAC15-81. The new regulation will update the regulations to current Code of Virginia requirements and current fire code, building code, and audit standards for the construction of local correctional facilities.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 17 (2014) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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

Statutory Authority: §§ 53.1-5, 53.1-80, 53.1-81, and 53.1-82 of the Code of Virginia.

Public Comment Deadline: January 14, 2016.

Agency Contact: Jim Bruce, Agency Regulatory Coordinator, Department of Corrections, P.O. Box 26963, Richmond, VA 23261-6963, telephone (804) 887-8215, or email james.bruce@vadoc.virginia.gov.

VA.R. Doc. No. R16-4552; Filed November 13, 2015, 4:10 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations Governing Juvenile Record Information and the Virginia Juvenile Justice Information System
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 Juvenile Justice intends to consider amending 6VAC35-160, Regulations Governing Juvenile Record Information and the Virginia Juvenile Justice Information System. The purpose of the proposed action is to remove antiquated terms and requirements, provide clarifying language for processes that were previously vague, and ensure that the Commonwealth Information Technology Resource Management Standards are met.

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

Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.

Public Comment Deadline: January 29, 2016.

Agency Contact: Janet P. Van Cuyk, Legislative and Research Manager, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 588-3879, FAX (804) 371-6490, or email janet.vancuyk@djj.virginia.gov.

VA.R. Doc. No. R16-4311; Filed November 20, 2015, 10:03 a.m.
TITLE 8. EDUCATION
Licensure Regulations for School Personnel
Withdrawal of 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 has WITHDRAWN the Notice of Intended Regulatory Action for 8VAC20-22, Licensure Regulations for School Personnel, which was published in 29:6 VA.R. 1196 November 19, 2012. The local eligibility license was eliminated through a separate regulatory action, and the requirements for teachers who teach online only are included in the board's comprehensive revision of the Licensure Regulations for School Personnel; therefore, this regulatory action is unnecessary.

Agency Contact: Patty S. Pitts, Assistant Superintendent for Teacher Education and Licensure, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 371-2522, or email patty.pitts@doe.virginia.gov.

VA.R. Doc. No. R13-3427; Filed November 20, 2015, 2:21 p.m.
TITLE 11. GAMING
Charitable Gaming Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Charitable Gaming Board intends to consider amending 11VAC15-40, Charitable Gaming Regulations. The Charitable Gaming Regulations currently include provisions prescribing the number of standalone electronic pull-tab devices and handheld electronic pull-tab devices that may be used at qualifying sites. The planned regulatory action seeks to examine the limit on the number of electronic pull-tab devices that may be used at various qualified sites with the goal of increasing the number of devices allowed. These sites include (i) premises at which charitable gaming is conducted and (ii) private social quarters. Premises at which charitable gaming is conducted are open to the public during charitable gaming sessions. Private social quarters also conduct charitable gaming and are operated by qualified nonprofit organizations, but entrance to these premises is limited to members of the organization operating the social quarters and the members' guests.

The type of premises determines the number of electronic pull-tab devices that may be present at the premises. Limits on the number of permitted devices are prescribed in 11VAC15-40-300. Currently, this regulation allows a maximum of 10 standalone electronic pull-tab devices and 50 handheld electronic pull-tab devices in premises that are open to the public, while private social quarters are limited to a total of five electronic pull-tab devices, regardless of type. These limits were based on an agreement reached between stakeholders during the drafting of the final text of the regulation, which became effective in 2012.

This proposed regulatory action was initiated in response to a Petition for Rulemaking from a licensed manufacturer of electronic pull-tab systems requesting an increase in the number of electronic pull-tab devices allowed in private social quarters.

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

Statutory Authority: § 18.2-340.15 of the Code of Virginia.

Public Comment Deadline: January 13, 2016.

Agency Contact: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3983, FAX (804) 371-7479, or email michael.menefee@vdacs.virginia.gov.

VA.R. Doc. No. R15-32; Filed November 13, 2015, 1:09 p.m.
TITLE 12. HEALTH
Eligibility Conditions and Requirements
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 12VAC30-40, Eligibility Conditions and Requirements. The purpose of the proposed action is to comply with Item 307 T of Chapter 665 of the 2015 Acts of the Assembly, which directed that payments made to compensate individuals who were involuntarily sterilized pursuant to the Virginia Eugenical Sterilization Act and who are living as of February 1, 2015, are disregarded for the purpose of Medicaid eligibility determinations.

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

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Public Comment Deadline: January 13, 2016.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R16-4351; Filed November 23, 2015, 10:36 a.m.
TITLE 12. HEALTH
Victims of Sterilization Fund Program
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 Behavioral Health and Developmental Services intends to consider promulgating 12VAC35-240, Victims of Sterilization Fund Program. The purpose of the proposed action is to implement Item 307 T of Chapter 665 of the 2015 Acts of Assembly, which establishes compensation for individuals who were involuntarily sterilized pursuant to the 1924 Virginia Eugenical Sterilization Act and who are living as of February 1, 2015. The act enacts requirements for the compensation program, including funding limits on claims and a requirement that disbursements be based on the date at which sufficient documentation is provided, and authorizes the Department of Behavioral Health and Developmental Services to pay claims.

The proposed regulation establishes (i) eligibility criteria, (ii) submission of claims, (iii) appropriate documentation for verification, (iv) compensation, and (v) an administrative process for handling claims

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

Statutory Authority: § 37.2-203 of the Code of Virginia.

Public Comment Deadline: January 13, 2016.

Agency Contact: Ruth Anne Walker, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 11th Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 786-8623, or email ruthanne.walker@dbhds.virginia.gov.

VA.R. Doc. No. R16-4471; Filed November 21, 2015, 8:54 p.m.
TITLE 22. SOCIAL SERVICES
Standards and Regulations for Licensed Adult Day Care Centers
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 Social Services intends to consider repealing 22VAC40-60, Standards and Regulations for Licensed Adult Day Care Centers, and adopting 22VAC40-61, Regulations for Licensed Adult Day Care Centers. The purpose of the proposed action is to repeal the existing regulation for licensed adult day care centers, 22VAC40-60, and adopt a new regulation, 22VAC40-61, to replace it. A comprehensive revision is needed to provide greater protection for adults in care, improve the organization of the regulation, increase clarity and consistency, incorporate changed practices and procedures, and eliminate unnecessarily burdensome or intrusive requirements. The revision will allow for changes based on improved practices, the latest research and improved technology, as well as meeting the increased needs of a population of elderly, infirm, or disabled persons that has become more vulnerable over the years. Current technology and medical practice have allowed individuals to stay in their own homes, or to live with family members longer, and as a result, there is an increased need for this level of care and socialization.

As part of this comprehensive review, this regulation will undergo a periodic review pursuant to Executive Order 17 (2014) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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

Statutory Authority: § 63.2-1733 of the Code of Virginia.

Public Comment Deadline: January 13, 2016.

Agency Contact: Annette Kelley, Licensing Consultant, Department of Social Services, 801 East Main Street, Room 1507, Richmond, VA 23219, telephone (804) 726-7632, FAX (804) 726-7132, or email annette.kelley@dss.virginia.gov.

VA.R. Doc. No. R16-4545; Filed November 16, 2015, 12:05 p.m.
TITLE 22. SOCIAL SERVICES
Regulations for Licensed Adult Day Care Centers
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 Social Services intends to consider repealing 22VAC40-60, Standards and Regulations for Licensed Adult Day Care Centers, and adopting 22VAC40-61, Regulations for Licensed Adult Day Care Centers. The purpose of the proposed action is to repeal the existing regulation for licensed adult day care centers, 22VAC40-60, and adopt a new regulation, 22VAC40-61, to replace it. A comprehensive revision is needed to provide greater protection for adults in care, improve the organization of the regulation, increase clarity and consistency, incorporate changed practices and procedures, and eliminate unnecessarily burdensome or intrusive requirements. The revision will allow for changes based on improved practices, the latest research and improved technology, as well as meeting the increased needs of a population of elderly, infirm, or disabled persons that has become more vulnerable over the years. Current technology and medical practice have allowed individuals to stay in their own homes, or to live with family members longer, and as a result, there is an increased need for this level of care and socialization.

As part of this comprehensive review, this regulation will undergo a periodic review pursuant to Executive Order 17 (2014) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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

Statutory Authority: § 63.2-1733 of the Code of Virginia.

Public Comment Deadline: January 13, 2016.

Agency Contact: Annette Kelley, Licensing Consultant, Department of Social Services, 801 East Main Street, Room 1507, Richmond, VA 23219, telephone (804) 726-7632, FAX (804) 726-7132, or email annette.kelley@dss.virginia.gov.

VA.R. Doc. No. R16-4545; Filed November 16, 2015, 12:05 p.m.
TITLE 22. SOCIAL SERVICES
Standards for Licensed Child Day Centers
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 Social Services intends to consider repealing 22VAC40-185, Standards for Licensed Child Day Centers, and adopting 22VAC40-186, Standards for Licensed Child Day Centers. This proposed regulatory action is a joint action to repeal the existing regulation, 22VAC40-185, and establish a new regulation, 22VAC 40-186, for licensed child day centers to address health and safety issues. The action is essential to enhance the health, safety, and welfare of children in care. The purpose of the adoption of a new regulation is to support the agency's effort to expand and clarify health and safety requirements; to improve understanding and interpretation leading to enhanced compliance and enforcement by adjusting structure and format and simplifying language; and to incorporate updates to address ever-changing national health and safety guidelines and practices. In addition, it is the goal of the agency to ensure that parents have sufficient information to make informed decisions about placing their children in licensed child day centers while ensuring the safety of children receiving care in licensed child day centers.

The current regulation has been amended seven times since its adoption in 1993 and its current terminology and format is burdensome and confusing for providers, parents, and Division of Licensing Programs (DOLP) staff to navigate. In fact, the current regulations are supplemented by a 67-page guidance document to assist providers, parents, and DOLP staff in interpreting and enforcing the current regulation. The goal of this proposed action is to present a clearly written regulation that will eliminate or substantially decrease the need for such an elaborate technical assistance document.

Repeal of the existing regulation and adoption of a new regulation was determined by the agency as the most efficient and effective way to make the necessary changes to achieve clarity, consistency, and to protect children.

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

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Public Comment Deadline: January 13, 2016.

Agency Contact: Tatanishia Armstrong, Licensing Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7152 ext. 7, FAX (804) 726-7132, or email tatanishia.armstrong@dss.virginia.gov.

VA.R. Doc. No. R16-3376; Filed November 10, 2015, 4:23 p.m.
TITLE 22. SOCIAL SERVICES
Standards for Licensed Child Day Centers
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 Social Services intends to consider repealing 22VAC40-185, Standards for Licensed Child Day Centers, and adopting 22VAC40-186, Standards for Licensed Child Day Centers. This proposed regulatory action is a joint action to repeal the existing regulation, 22VAC40-185, and establish a new regulation, 22VAC 40-186, for licensed child day centers to address health and safety issues. The action is essential to enhance the health, safety, and welfare of children in care. The purpose of the adoption of a new regulation is to support the agency's effort to expand and clarify health and safety requirements; to improve understanding and interpretation leading to enhanced compliance and enforcement by adjusting structure and format and simplifying language; and to incorporate updates to address ever-changing national health and safety guidelines and practices. In addition, it is the goal of the agency to ensure that parents have sufficient information to make informed decisions about placing their children in licensed child day centers while ensuring the safety of children receiving care in licensed child day centers.

The current regulation has been amended seven times since its adoption in 1993 and its current terminology and format is burdensome and confusing for providers, parents, and Division of Licensing Programs (DOLP) staff to navigate. In fact, the current regulations are supplemented by a 67-page guidance document to assist providers, parents, and DOLP staff in interpreting and enforcing the current regulation. The goal of this proposed action is to present a clearly written regulation that will eliminate or substantially decrease the need for such an elaborate technical assistance document.

Repeal of the existing regulation and adoption of a new regulation was determined by the agency as the most efficient and effective way to make the necessary changes to achieve clarity, consistency, and to protect children.

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

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Public Comment Deadline: January 13, 2016.

Agency Contact: Tatanishia Armstrong, Licensing Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7152 ext. 7, FAX (804) 726-7132, or email tatanishia.armstrong@dss.virginia.gov.

VA.R. Doc. No. R16-3376; Filed November 10, 2015, 4:23 p.m.
TITLE 22. SOCIAL SERVICES
Appeals of Financial Sanctions for Local Departments of Social Services
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 Social Services intends to consider adopting 22VAC40-920, Appeals of Financial Sanctions for Local Departments of Social Services. The purpose of the proposed action is to provide local departments of social services (LDSS) with an appeals process for enforcement actions taken against the LDSS by the state Department of Social Services.

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

Statutory Authority: § 63.2-217 of the Code of Virginia; 45 CFR 92.43(a).

Public Comment Deadline: January 13, 2016.

Agency Contact: David Morrison, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7266, or email david.morrison@dss.virginia.gov.

VA.R. Doc. No. R16-4569; Filed November 10, 2015, 3:04 p.m.