GENERAL NOTICES/ERRATA
Vol. 32 Iss. 11 - January 25, 2016

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Proposed Renewal of Variances to Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115)

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220 et seq.), of the Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as "Human Rights Regulations," is announcing an opportunity for public comment on the applications for proposed renewal of existing variances to the Human Rights Regulations. The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application references the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information including comments, DBHDS intends to submit a written decision deferring, disapproving, modifying, or approving each renewal application. All variances shall be approved for a specific time period. The decision and reasons for variance will be published in a later issue of the Virginia Register.

Purpose of notice: DBHDS is seeking comment on the applications for proposed renewal of the following existing variances to the Human Rights Regulations at the DBHDS Virginia Center for Behavioral Rehabilitation (VCBR).

Variance to Complaint Procedure:

The Human Rights Regulations provide a comprehensive complaint resolution process that includes access to a Local Human Rights Committee and the State Human Rights Committee (SHRC). VCBR Facility Instruction No. 202, Resident Complaint Resolutions, provides the procedures for addressing resident complaints. VCBR's variances to these regulations are reviewed by the SHRC at least annually with VCBR providing reports to the SHRC regarding the variance as requested.

• 12VAC35-115-50 D 3 e (5): Abuse, Neglect, and Exploitation

• 12VAC35-115-60 B 1 d: Services

• 12VAC35-115-140 A 2, A 4: Complaints and Fair Hearing

• 12VAC35-115-150: General Provisions

• 12VAC35-115-170: Formal Complaint Process

• 12VAC35-115-180: Local Human Rights Committee Hearing and Review Procedures

• 12VAC35-115-190: Special Procedures for Emergency Hearing by LHRC

• 12VAC35-115-200: Special Procedures for LHRC Reviews Involving Consent and Authorization

• 12VAC35-115-210: State Human Rights Committee Appeals Procedure

Variance for rooms within medical unit with no windows:

VCBR has four bedrooms in its medical unit that do not meet the requirement of this regulation.

• 12VAC35-115-50 C 3 d. Live in a humane, safe, sanitary environment that gives each individual, at a minimum, windows or skylights in all major areas used by individuals.

VCBR maintains established procedures for this variance. VCBR provides a monthly report to the SHRC on how many times rooms with no windows within the medical unit of VCBR are used during the previous month.

Variance for double-bunking:

Following the mandate by the General Assembly (Chapter 806 of the 2013 Acts of Assembly), VCBR has implemented double-bunking (two individuals residing in a single room). For this reason, the regulation listed below is not applicable to VCBR.

• 12VAC35-115-50 C 3 a. Reasonable privacy and private storage space.

• 12VAC35-115-50 C 3 e. Clean air, free of bad odors.

VCBR Facility Instruction No. 124, Resident Housing Assignment, describes how residents' housing assignments are determined and shall substitute for these regulations. VCBR provides a monthly report to the SHRC on how many residents are double-bunked, complaints received by residents regarding double-bunking, and any medication sessions treatment staff hold with roommates to resolve concerns related to double-bunking.

Public comment period: January 26, 2016, through February 26, 2016.

Description of proposal: The proposed variance applications for renewal consist of a demonstration of compliance with the general requirements of Part VI, Variances (12VAC35-115-220 et seq.), of the Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115).

How to comment: DBHDS accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DBHDS by the last day of the comment period. All information received is part of the public record.

To review a proposal: The applications for variance and supporting documents may be obtained by contacting the DBHDS representative named below.

Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0032, FAX (804) 804-371-2308, or email deb.lochart@dbhds.virginia.gov.

BOARD OF CORRECTIONS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Corrections conducted a small business impact review of 6VAC15-20, Regulations Governing Certification and Inspection, and determined that this regulation should be retained in its current form. The Board of Corrections is publishing its report of findings dated January 5, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

6VAC15-20, Regulations Governing Certification and Inspection, is necessary for the protection of the health, safety, and welfare of staff and offenders within local and private correctional facilities and community residential programs affiliated with the Department of Corrections. There have been no complaints or comments received from the public concerning the regulation. The regulation is not deemed to be overly complex nor does it overlap, duplicate, or conflict with federal or state law or regulation. Technology, economic conditions, or other factors have not significantly changed in the area affected by the regulation since it was last updated in 2011. The only small business impact of this regulation is on private owners of community residential programs and this impact is considered minimal as its only function is to monitor vendor compliance with the Department of Corrections contact awarded for their operation.

Contact Information: 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.

CRIMINAL JUSTICE SERVICES BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Criminal Justice Services, Criminal Justice Services Board is conducting a periodic review and small business impact review of 6VAC20-60, Rules Relating to Compulsory Minimum Training Standards for Dispatchers. The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, 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 comment period begins January 25, 2016, and ends February 19, 2016.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Barbara Peterson-Wilson, Law Enforcement Program Coordinator, Washington Building, 1100 Bank Street, 12th Floor, Richmond, VA 23219, telephone (804) 225-4503, FAX (804) 786-0410, or email barbara.peterson-wilson@dcjs.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Citizen Nomination of State Surface Waters - Annual Water Quality Monitoring Plan

Purpose of Guidance Document: The document provides detailed guidance on implementation of § 62.1-44.19:5 F of the Code of Virginia, the section of the Water Quality Monitoring, Information and Restoration Act that provides for requests from the public regarding specific segments that should be included in the Virginia Department of Environmental Quality's (DEQ) annual Water Quality Monitoring Plan.

Virginia Department of Environmental Quality Contact: Questions concerning this document should be addressed to the contact person listed at the end of this notice.

Background on the Guidance Document: During the 1997 legislative session, the General Assembly enacted the Water Quality Monitoring, Information and Restoration Act (the Act). The Act directs DEQ to provide a procedure for citizens of the Commonwealth to nominate portions of lakes, streams, and rivers of Virginia for water quality monitoring by DEQ. Citizens can send their nominations to DEQ via the procedures described below. Nominations received by April 29, 2016, will be considered for inclusion in DEQ's annual monitoring plan for the 2017 calendar year. The monitoring plan will be finalized after considering citizens' nominations for inclusion. DEQ will respond to each request in writing, stating the reasons for accepting or denying each nomination. DEQ's response is due by August 31 for nominations received between January 1 and April 29.

Process to Request Additional Monitoring: Any person may request that a specific body of water be included in DEQ's annual water quality monitoring plan. Each request received between January 1 and April 29 shall be reviewed when DEQ develops or updates the annual water quality monitoring plan. Such requests shall include, at a minimum, (i) a geographical description of the water body recommended for monitoring, (ii) the reason the monitoring is requested, and (iii) any water quality data that the petitioner may have collected or compiled. Please see the Nominating Form, Request to Include a Water Segment in DEQ's Annual Monitoring Plan, Attachment 1 at the end of this notice.

Please note that the monitoring program covered by this process is directed at the surface waters of the state. Private ponds, privately owned lakes and any other body of water not deemed to be "state waters" are ineligible.

Nominations can be submitted by postal mail, fax, email, or hand delivered to the contact person listed at the end of this notice.

Use of the nomination form shown as Attachment 1 at the end of this notice is preferred. All nominations with the minimum of information as outlined above will be accepted for review.

Timeline: Nominations received between January 1 and April 29, 2016, will be considered for inclusion in DEQ's Water Quality Monitoring Plan for the following calendar year (2017). DEQ will respond in writing on its approval or denial of each nomination by August 31, 2016. The DEQ 2017 Monitoring Plan will be made available for public inspection. A notice of availability of the annual monitoring plan will be placed in the Virginia Register and on DEQ's website at http://www.deq.virginia.gov/Programs/Water.aspx.

ATTACHMENT 1

REQUEST TO INCLUDE A WATER SEGMENT IN DEQ'S ANNUAL MONITORING PLAN

Name:

Date:

Mailing Address:

Street

City:

State:

Zip:

E-mail address:

Telephone: Home:

Business:

Fax:

Geographic description of the water body:

(1) Name of the water body or segment proposed for monitoring:

(2) Description of the upstream and downstream boundaries of the water body proposed for monitoring. Attach a map (preferably a photocopy of a 7.5 minute quad USGS topographic map) which delineates the boundaries:

(3) Reason for requesting that this water body be monitored:

(4) Attach any water quality data that you have collected or compiled. Include the name of the organization/entity that generated the data.

Contact Information: Stuart Torbeck, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4461, FAX (804) 698-4032, or email charles.torbeck@deq.virginia.gov.

STATE BOARD OF HEALTH

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Health is conducting a periodic review and small business impact review of 12VAC5-391, Regulations for the Licensure of Hospice. The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, 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 comment period begins January 25, 2016, and ends February 15, 2016.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Susan Puglisi, Policy Analyst, Virginia Department of Health, Office of Licensure and Certification, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2157, FAX (804) 527-4502, or email susan.puglisi@vdh.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Health is conducting a periodic review and small business impact review of 12VAC5-613, Regulations for Alternative Onsite Sewage Systems. The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, 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 comment period begins January 25, 2016, and ends February 25, 2016.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Dwayne Roadcap, Director, Division of Onsite Sewage, Water Services, Environmental Engineering and Marina Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7458, FAX (804) 864-7475, or email dwayne.roadcap@vdh.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Hearing Aid Specialists and Opticians conducted a small business impact review of 18VAC80-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Hearing Aid Specialists and Opticians is publishing its report of findings dated December 30, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the Board for Hearing Aid Specialists and Opticians solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the board is better equipped to effectively regulate the occupation or profession. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or contravene federal or state law or regulation. The most recent periodic review occurred in 2011. On December 16, 2015, the board reviewed the regulation and, for the reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form.

Contact Information: Demetrios J. Melis, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (804) 527-4295, or email hearingaidspec@dpor.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Hearing Aid Specialists and Opticians conducted a small business impact review of 18VAC80-20, Board for Hearing Aid Specialists Regulations, and determined that this regulation should be retained in its current form. The Board for Hearing Aid Specialists and Opticians is publishing its report of findings dated December 30, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Board for Hearing Aid Specialists and Opticians to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Hearing Aid Specialists and Opticians provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a hearing aid specialist license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations.

Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation.

The most recent evaluation occurred in 2011.

On December 16, 2015, the board reviewed the regulation and, for the reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form.

Contact Information: Demetrios J. Melis, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (804) 527-4295, or email hearingaidspec@dpor.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Hearing Aid Specialists and Opticians conducted a small business impact review of 18VAC80-30, Opticians Regulations, and determined that this regulation should be retained in its current form. The Board for Hearing Aid Specialists and Opticians is publishing its report of findings dated December 30, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Board for Hearing Aid Specialists and Opticians to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Board for Hearing Aid Specialists and Opticians provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive an optician license. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations.

Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation.

The most recent evaluation occurred in 2011.

On December 16, 2015, the board reviewed the regulation and, for the reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form.

Contact Information: Demetrios J. Melis, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (804) 527-4295, or email hearingaidspec@dpor.virginia.gov.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on December 29, 2015, and January 6, 2016. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, VA.

Director's Order Number One (16)

Virginia Lottery's "Social Media Promotion" Final Rules for Operation (This Director's Order becomes effective Friday, January 1, 2016, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Two (16)

Virginia Lottery's "Holiday Coupon Promotion" Final Rules for Operation (This Director's Order becomes effective Friday, January 15, 2016, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Sixty-Three (15)

Virginia's Instant Game Lottery 1648 "Pirate's Treasure" Final Rules for Game Operation (effective November 27, 2015)

Director's Order Number One Hundred Sixty-Four (15)

Virginia's Computer-Generated Lottery Game "FastPlay $15,000 Money Mania" Final Rules for Game Operation (This Director's Order becomes effective on Monday, December 14, 2015, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Sixty-Five (15)

Virginia's Computer-Generated Lottery Game "FastPlay $50,000 Blackjack" Final Rules for Game Operation (This Director's Order becomes effective on Monday, December 14, 2015, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Sixty-Six (15)

Virginia's Computer-Generated Lottery Game "FastPlay Bankroll Bingo" Final Rules for Game Operation (This Director's Order becomes effective on Monday, December 14, 2015, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Sixty-Seven (15)

Virginia's Computer-Generated Lottery Game "FastPlay Crossword" Final Rules for Game Operation (This Director's Order becomes effective on Monday, December 14, 2015, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Sixty-Eight (15)

Certain Virginia FastPlay Game; End of Game - Virginia Lottery's FastPlay Money Bag Crossword
(80 15) (effective December 13, 2015)

Director's Order Number One Hundred Sixty-Nine (15)

Certain Virginia FastPlay Game; End of Game - Virginia Lottery's FastPlay $15,000 Payday (124 15) (This Director's Order is effective on December 13, 2015, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Seventy (15)

Certain Virginia FastPlay Game; End of Game - Virginia Lottery's FastPlay Wild Cherry Bingo (127 15) (effective December 13, 2015)

Director's Order Number One Hundred Seventy-One (15)

Certain Virginia FastPlay Game; End of Game - Virginia Lottery's Blackjack Showdown (125 15) (This Director's Order is effective on December 13, 2015, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Seventy-Two (15)

Virginia Lottery's "Game Guy Player Experience Promotion" Final Rules for Operation (This Director's Order becomes effective December 15, 2015, and shall remain in full force and effect through the end promotion date unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Seventy-Three (15)

Virginia Lottery's "eXTRA CHANCES" Promotion Final Rules for Operation (This Director's Order becomes effective on Tuesday, January 5, 2016, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Seventy-Four (15)

Virginia Lottery's Scratch Game 1621 "2016" Final Rules for Game Operation (effective December 10, 2015)

Director's Order Number One Hundred Seventy-Five (15)

Virginia Lottery's Scratch Game 1639 "Lucky 7 Crossword" Final Rules for Game Operation (effective December 15, 2015)

Director's Order Number One Hundred Seventy-Six (15)

Virginia Lottery's Scratch Game 1651 "5X The Money" Final Rules for Game Operation (effective December 15, 2015)

Director's Order Number One Hundred Seventy-Eight (15)

Certain Virginia Game Promotion; Promotion Entry Extension - Food Lion MVP Kiosk Coupon Promotion (162 15) (effective November 27, 2015)

Director's Order Number One Hundred Seventy-Nine (15)

7-Eleven Market Battle Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on January 1, 2016, and shall remain in full force and effect until ninety (90) days after the conclusion of the incentive program, unless otherwise extended by the Director)

Director's Order Number One Hundred Eighty (15)

Virginia's Lottery Scratch Game 1600 "All That Glitters" Final Rules for Game Operation (effective November 27, 2015)

Director's Order Number One Hundred Eighty-One (15)

Virginia's Lottery Scratch Game 1627 "Chocolate" Final Rules for Game Operation (effective December 15, 2015)

Director's Order Number One Hundred Eighty-Two (15)

Virginia's Lottery Scratch Game 1576 "$3,000,000 Fortune" Final Rules for Game Operation (effective November 27, 2015)

Director's Order Number One Hundred Eighty-Three (15)

Virginia's Lottery Scratch Game 1624 "Blackjack" Final Rules for Game Operation (effective December 15, 2015)

Director's Order Number One Hundred Eighty-Four (15)

Virginia's Lottery Scratch Game 1601 "Dogs Playing Poker" Final Rules for Game Operation (effective December 15, 2015)

Director's Order Number One Hundred Eighty-Five (15)

Virginia's Lottery Scratch Game 1625 "Neon 9's" Final Rules for Game Operation (effective December 15, 2015)

Director's Order Number One Hundred Eighty-Six (15)

Virginia's Instant Game Lottery 1583 "Cloud 9" Final Rules for Game Operation (effective December 1, 2015)

Director's Order Number One Hundred Eighty-Seven (15)

Virginia Lottery's "2016 Super Teacher Awards Contest" Final Rules for Operation (This Director's Order becomes effective on Monday, January 4, 2016, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Eighty-Eight (15)

Virginia's Lottery Scratch Game 1623 "Casino Thrills" Final Rules for Game Operation (effective December 15, 2015)

Director's Order Number One Hundred Eighty-Nine (15)

Virginia's Lottery Scratch Game 1645 "Jacks Are Wild" Final Rules for Game Operation (effective December 16, 2015)

Director's Order Number One Hundred Ninety-One (15)

Virginia's Lottery Scratch Game 1612 "50X the Money" Final Rules for Game Operation (effective December 18, 2015)

Director's Order Number One Hundred Ninety-Two (15)

Virginia's Computer-Generated Lottery Game "Bank A Million" Final Rules for Game Operation (This Director's Order becomes effective on December 10, 2015, fully replaces any and all Virginia Lottery "Bank A Million" Game Rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Ninety-Three (15)

Virginia's Computer-Generated Lottery Game "CASH4LIFE®" Final Rules for Game Operation (This Director's Order becomes effective on December 10, 2015, fully replaces any and all prior Virginia Lottery Cash4Life® Virginia-specific game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Ninety-Four (15)

Virginia's Computer-Generated Lottery Game "Cash 5" Final Rules for Game Operation (This Director's Order becomes effective on December 10, 2015, fully replaces any and all prior Virginia Lottery "Cash 5" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Ninety-Five (15)

Virginia's Computer-Generated Lottery Game Mega Millions Final Rules for Game Operation (This Director's Order becomes effective on December 10, 2015, fully replaces any and all prior Virginia Lottery "Mega Millions" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Ninety-Six (15)

Virginia's Computer-Generated Lottery Game "Pick 3" Final Rules for Game Operation (This Director's Order becomes effective on December 10, 2015, fully replaces any and all prior Virginia Lottery "Pick 3" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Ninety-Seven (15)

Virginia's Computer-Generated Lottery Game "Pick 4" Final Rules for Game Operation (This Director's Order becomes effective on December 10, 2015, fully replaces any and all prior Virginia Lottery "Pick 4" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Ninety-Eight (15)

Virginia's Computer-Generated Lottery Game POWERBALL® Final Rules for Game Operation (This Director's Order becomes effective on December 10, 2015, fully replaces any and all prior Virginia Lottery "Powerball" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Ninety-Nine (15)

Virginia's Computer-Generated Lottery Game "New Year Millionaire Raffle" Final Rules for Game Operation (This Director's Order becomes effective on December 10, 2015, fully replaces any and all prior Virginia Lottery "New Year's Millionaire Raffle" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

BOARD FOR PROFESSIONAL SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists conducted a small business impact review of 18VAC145-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Professional Soil Scientists, Wetland Professionals, and Geologists is publishing its report of findings dated December 23, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

1. The current regulations are necessary for the board to comply with § 2.2-4007.02 of the Code of Virginia and Chapter 321 of the 2008 Acts of Assembly.

2. Four comments were received during the public comment period.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations but instead work in concert with them.

5. The last periodic review concluded January 2012. The current soil scientist regulations became effective March 1, 2015. The current wetland delineator regulations became effective March 1, 2015. The current Geologists regulations became effective January 1, 2015.

6. No small business impact has been identified.

Contact Information: Kathleen R. Nosbisch, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email soilscientist@dpor.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists conducted a small business impact review of 18VAC145-20, Professional Soil Scientists Regulations, and determined that this regulation should be retained in its current form. The Board for Professional Soil Scientists, Wetland Professionals, and Geologists is publishing its report of findings dated December 22, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

1. The current regulations establish minimum licensing requirements for soil scientists.

2. Only one public comment was received. The comment recommends that the regulation regarding the licensing of soil scientists be retained due to existing and increasing regulatory requirements for competence in the testing and evaluation of soil-based practices.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations but instead work in concert with them.

5. The last periodic review concluded January 2012. There were further changes to the regulations that became effective March 1, 2015.

6. No small business impact has been identified.

Contact Information: Kathleen R. Nosbisch, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email soilscientist@dpor.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists conducted a small business impact review of 18VAC145-30, Regulations Governing Certified Professional Wetland Delineators, and determined that this regulation should be retained in its current form. The Board for Professional Soil Scientists, Wetland Professionals, and Geologists is publishing its report of findings dated December 23, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

1. The current regulations establish minimum requirements for the certification of wetland delineators; however, because the regulations establish requirements for a certificate program (not a licensure program), the regulations do not affect the practice of wetland delineation by noncertified individuals.

2. Although no comments were received online; three comments were sent to the board. The first comment is a statutory requirement. The second comment is already prohibited by statute. The last comment is in support of retaining the regulations in their current form.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations but instead work in concert with them.

5. The last periodic review concluded January 2012. There were further changes to the regulations that became effective March 1, 2015.

6. No small business impact has been identified.

Contact Information: Kathleen R. Nosbisch, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email soilscientist@dpor.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists conducted a small business impact review of 18VAC145-40, Regulations for the Geology Certification Program, and determined that this regulation should be retained in its current form. The Board for Professional Soil Scientists, Wetland Professionals, and Geologists is publishing its report of findings dated December 23, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

1. The current regulations establish minimum requirements for the certification of geologists; however, because the regulations establish requirements for a certificate program (not a licensure program), the regulations do not affect the practice of geology by noncertified individuals.

2. No comments were received during the public comment period.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations but instead work in concert with them.

5. The last periodic review concluded January 2012. There were further changes to the regulations that became effective January 1, 2015.

6. No small business impact has been identified.

Contact Information: Kathleen R. Nosbisch, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email soilscientist@dpor.virginia.gov.

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; 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

DEPARTMENT OF GENERAL SERVICES

Title of Regulation: 1VAC30-105. Regulations Banning Concealed Firearms in Offices Owned or Occupied by Executive Branch Agencies.

Publication: 32:8 VA.R. 1340-1341 December 14, 2015.

Correction to Emergency Regulation:

Page 1340, Effective Dates, change to read "December 3, 2015, through June 2, 2017."

VA.R. Doc. No. R16-4572

DEPARTMENT OF CONSERVATION AND RECREATION

Title of Regulation: 4VAC5-36. Standard Fees for Use of Department of Conservation and Recreation Facilities, Programs, and Services.

Publication: 32:9 VA.R. 1526-1569 December 28, 2015.

Correction to Final Regulation:

Page 1530, 4VAC5-36-50, row 7, restore the following language:

Buggs Island Lake Special Annual Park/Launch/Equestrian Pass: Good only at Occoneechee and Staunton River State Parks.

$55

VA.R. Doc. No. R16-4517; Filed January 4, 2016, 5:33 p.m.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Titles of Regulations: 12VAC30-50. Amount, Duration, and Scope of Medical and Remedial Care Services.

12VAC30-60. Standards Established and Methods Used to Assure High Quality Care.

12VAC30-70. Methods and Standards for Establishing Payment Rates - Inpatient Hospital Services.

12VAC30-80. Methods and Standards for Establishing Payment Rates; Other Types of Care.

12VAC30-130. Amount, Duration and Scope of Selected Services.

Publication: 32:10 VA.R. 1719 January 11, 2016.

Correction to Notice of Extension of Emergency Regulation:

Page 1719, Expiration Date Extended Through, change to read "June 30, 2016."

VA.R. Doc. No. R14-3714

VIRGINIA WORKERS' COMPENSATION COMMISSION

Title of Regulation: 16VAC30-50. Rules of the Virginia Workers' Compensation Commission.

Publication: 32:10 VA.R. 1808-1809 January 11, 2016.

Correction to Emergency Regulation:

Page 1808, Effective Dates, change to read "January 11, 2016, through July 10, 2017."

VA.R. Doc. No. R16-4565

BOARD OF HISTORIC RESOURCES

Title of Regulation: 17VAC5-30. Evaluation Criteria and Procedures for Designations by the Board of Historic Resources.

Publication: 32:3 VA.R. 409-411 October 5, 2015.

Correction to Emergency Regulation:

Page 409, Effective Dates, change to read "September 14, 2015, through March 13, 2017."

VA.R. Doc. No. R16-4259

DEPARTMENT OF HISTORIC RESOURCES

Title of Regulation: 17VAC10-20. Evaluation Criteria and Procedures for Nominations of Property to the National Register or for Designation as a National Historic Landmark.

Publication: 32:3 VA.R. 411-412 October 5, 2015.

Correction to Emergency Regulation:

Page 411, Effective Dates, change to read "September 14, 2015, through March 13, 2017."

VA.R. Doc. No. R16-4260