NOTICES OF INTENDED REGULATORY ACTION
Vol. 37 Iss. 21 - June 07, 2021

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations Relating to Private Security Services Businesses
Notice of Intended Regulatory Action

CRIMINAL JUSTICE SERVICES BOARD

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Criminal Justice Services Board intends to consider amending 6VAC20-172, Regulations Relating to Private Security Services Businesses; 6VAC20-173, Regulations Relating to Private Security Services Training Schools. 6VAC20-174, Regulations Relating to Private Security Services Registered Personnel; 6VAC20-230, Regulations Relating to Special Conservator of the Peace; 6VAC20-250, Regulations Relating to Property and Surety Bail Bondsmen; and 6VAC20-260, Regulations Relating to Bail Enforcement Agents. The purpose of the proposed action is to amend and revise the fee schedules associated with these regulations. The fee schedules have not been amended since 2003, 2004, 2008, and 2009, respectively. The proposed fee amendments are primarily based upon inflation since this time, as many have not been revised in well over 10 years. The Department of Criminal Justice Services (DCJS) manages seven programs within the Division of Licensure and Regulatory Services (DLRS), therefore the fee schedule does not accurately reflect the costs that would be required if DCJS had established an operation that was solely for each program. Each program enjoys an economy of scale by the DLRS managing all seven programs under its umbrella. Instead of each program operation having its own management team, call center, application processors, investigators, adjudication unit, and other necessary program support aspects. DLRS provides all of these services for all seven programs, thus reducing the costs for all seven programs. The current issue is that the seven programs are not generating sufficient feeds for DLRS to operate at the desired level. DCJS has to augment DLRS by providing services and support that DLRS cannot fund. Neither DCJS nor DLRS can continue to operate in this manner, as DLRS is required by the Code of Virginia to generate the fees necessary to run the programs. In addition, DLRS is operating without an inadequate amount of investigators, adjudication personnel, customer service personnel, application processors, and other necessary personnel for the DLRS to operate at the desired level of service. DLRS is also in the process of updating its databases and online systems to meet constituent demand and needs additional funding for this process in order to maintain adequate and efficient IT support for the systems and databases going forward.

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

Statutory Authority: §§ 9.1-102 and 9.1-141 of the Code of Virginia (6VAC20-172, 6VAC20-173, 6VAC20-174)

§§ 9.1-102 and 9.1-150.2 of the Code of Virginia (6VAC20-230)

§§ 9.1-102 and 9.1-185.2 of the Code of Virginia (6VAC20-250)

§§ 9.1-102 and 9.1-186.2 of the Code of Virginia (6VAC20-260)

Public Comment Deadline: July 7, 2021.

Agency Contact: Kristi Shalton, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, FAX (804) 786-0410, or email kristi.shalton@dcjs.virginia.gov.

VA.R. Doc. No. R21-6570; Filed May 06, 2021
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations Relating to Private Security Services Training Schools
Notice of Intended Regulatory Action

CRIMINAL JUSTICE SERVICES BOARD

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Criminal Justice Services Board intends to consider amending 6VAC20-172, Regulations Relating to Private Security Services Businesses; 6VAC20-173, Regulations Relating to Private Security Services Training Schools. 6VAC20-174, Regulations Relating to Private Security Services Registered Personnel; 6VAC20-230, Regulations Relating to Special Conservator of the Peace; 6VAC20-250, Regulations Relating to Property and Surety Bail Bondsmen; and 6VAC20-260, Regulations Relating to Bail Enforcement Agents. The purpose of the proposed action is to amend and revise the fee schedules associated with these regulations. The fee schedules have not been amended since 2003, 2004, 2008, and 2009, respectively. The proposed fee amendments are primarily based upon inflation since this time, as many have not been revised in well over 10 years. The Department of Criminal Justice Services (DCJS) manages seven programs within the Division of Licensure and Regulatory Services (DLRS), therefore the fee schedule does not accurately reflect the costs that would be required if DCJS had established an operation that was solely for each program. Each program enjoys an economy of scale by the DLRS managing all seven programs under its umbrella. Instead of each program operation having its own management team, call center, application processors, investigators, adjudication unit, and other necessary program support aspects. DLRS provides all of these services for all seven programs, thus reducing the costs for all seven programs. The current issue is that the seven programs are not generating sufficient feeds for DLRS to operate at the desired level. DCJS has to augment DLRS by providing services and support that DLRS cannot fund. Neither DCJS nor DLRS can continue to operate in this manner, as DLRS is required by the Code of Virginia to generate the fees necessary to run the programs. In addition, DLRS is operating without an inadequate amount of investigators, adjudication personnel, customer service personnel, application processors, and other necessary personnel for the DLRS to operate at the desired level of service. DLRS is also in the process of updating its databases and online systems to meet constituent demand and needs additional funding for this process in order to maintain adequate and efficient IT support for the systems and databases going forward.

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

Statutory Authority: §§ 9.1-102 and 9.1-141 of the Code of Virginia (6VAC20-172, 6VAC20-173, 6VAC20-174)

§§ 9.1-102 and 9.1-150.2 of the Code of Virginia (6VAC20-230)

§§ 9.1-102 and 9.1-185.2 of the Code of Virginia (6VAC20-250)

§§ 9.1-102 and 9.1-186.2 of the Code of Virginia (6VAC20-260)

Public Comment Deadline: July 7, 2021.

Agency Contact: Kristi Shalton, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, FAX (804) 786-0410, or email kristi.shalton@dcjs.virginia.gov.

VA.R. Doc. No. R21-6570; Filed May 06, 2021
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations Relating to Private Security Services Registered Personnel
Notice of Intended Regulatory Action

CRIMINAL JUSTICE SERVICES BOARD

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Criminal Justice Services Board intends to consider amending 6VAC20-172, Regulations Relating to Private Security Services Businesses; 6VAC20-173, Regulations Relating to Private Security Services Training Schools. 6VAC20-174, Regulations Relating to Private Security Services Registered Personnel; 6VAC20-230, Regulations Relating to Special Conservator of the Peace; 6VAC20-250, Regulations Relating to Property and Surety Bail Bondsmen; and 6VAC20-260, Regulations Relating to Bail Enforcement Agents. The purpose of the proposed action is to amend and revise the fee schedules associated with these regulations. The fee schedules have not been amended since 2003, 2004, 2008, and 2009, respectively. The proposed fee amendments are primarily based upon inflation since this time, as many have not been revised in well over 10 years. The Department of Criminal Justice Services (DCJS) manages seven programs within the Division of Licensure and Regulatory Services (DLRS), therefore the fee schedule does not accurately reflect the costs that would be required if DCJS had established an operation that was solely for each program. Each program enjoys an economy of scale by the DLRS managing all seven programs under its umbrella. Instead of each program operation having its own management team, call center, application processors, investigators, adjudication unit, and other necessary program support aspects. DLRS provides all of these services for all seven programs, thus reducing the costs for all seven programs. The current issue is that the seven programs are not generating sufficient feeds for DLRS to operate at the desired level. DCJS has to augment DLRS by providing services and support that DLRS cannot fund. Neither DCJS nor DLRS can continue to operate in this manner, as DLRS is required by the Code of Virginia to generate the fees necessary to run the programs. In addition, DLRS is operating without an inadequate amount of investigators, adjudication personnel, customer service personnel, application processors, and other necessary personnel for the DLRS to operate at the desired level of service. DLRS is also in the process of updating its databases and online systems to meet constituent demand and needs additional funding for this process in order to maintain adequate and efficient IT support for the systems and databases going forward.

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

Statutory Authority: §§ 9.1-102 and 9.1-141 of the Code of Virginia (6VAC20-172, 6VAC20-173, 6VAC20-174)

§§ 9.1-102 and 9.1-150.2 of the Code of Virginia (6VAC20-230)

§§ 9.1-102 and 9.1-185.2 of the Code of Virginia (6VAC20-250)

§§ 9.1-102 and 9.1-186.2 of the Code of Virginia (6VAC20-260)

Public Comment Deadline: July 7, 2021.

Agency Contact: Kristi Shalton, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, FAX (804) 786-0410, or email kristi.shalton@dcjs.virginia.gov.

VA.R. Doc. No. R21-6570; Filed May 06, 2021
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations Relating to Special Conservator of the Peace
Notice of Intended Regulatory Action

CRIMINAL JUSTICE SERVICES BOARD

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Criminal Justice Services Board intends to consider amending 6VAC20-172, Regulations Relating to Private Security Services Businesses; 6VAC20-173, Regulations Relating to Private Security Services Training Schools. 6VAC20-174, Regulations Relating to Private Security Services Registered Personnel; 6VAC20-230, Regulations Relating to Special Conservator of the Peace; 6VAC20-250, Regulations Relating to Property and Surety Bail Bondsmen; and 6VAC20-260, Regulations Relating to Bail Enforcement Agents. The purpose of the proposed action is to amend and revise the fee schedules associated with these regulations. The fee schedules have not been amended since 2003, 2004, 2008, and 2009, respectively. The proposed fee amendments are primarily based upon inflation since this time, as many have not been revised in well over 10 years. The Department of Criminal Justice Services (DCJS) manages seven programs within the Division of Licensure and Regulatory Services (DLRS), therefore the fee schedule does not accurately reflect the costs that would be required if DCJS had established an operation that was solely for each program. Each program enjoys an economy of scale by the DLRS managing all seven programs under its umbrella. Instead of each program operation having its own management team, call center, application processors, investigators, adjudication unit, and other necessary program support aspects. DLRS provides all of these services for all seven programs, thus reducing the costs for all seven programs. The current issue is that the seven programs are not generating sufficient feeds for DLRS to operate at the desired level. DCJS has to augment DLRS by providing services and support that DLRS cannot fund. Neither DCJS nor DLRS can continue to operate in this manner, as DLRS is required by the Code of Virginia to generate the fees necessary to run the programs. In addition, DLRS is operating without an inadequate amount of investigators, adjudication personnel, customer service personnel, application processors, and other necessary personnel for the DLRS to operate at the desired level of service. DLRS is also in the process of updating its databases and online systems to meet constituent demand and needs additional funding for this process in order to maintain adequate and efficient IT support for the systems and databases going forward.

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

Statutory Authority: §§ 9.1-102 and 9.1-141 of the Code of Virginia (6VAC20-172, 6VAC20-173, 6VAC20-174)

§§ 9.1-102 and 9.1-150.2 of the Code of Virginia (6VAC20-230)

§§ 9.1-102 and 9.1-185.2 of the Code of Virginia (6VAC20-250)

§§ 9.1-102 and 9.1-186.2 of the Code of Virginia (6VAC20-260)

Public Comment Deadline: July 7, 2021.

Agency Contact: Kristi Shalton, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, FAX (804) 786-0410, or email kristi.shalton@dcjs.virginia.gov.

VA.R. Doc. No. R21-6570; Filed May 06, 2021
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations Relating to Property & Surety Bail Bondsmen
Notice of Intended Regulatory Action

CRIMINAL JUSTICE SERVICES BOARD

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Criminal Justice Services Board intends to consider amending 6VAC20-172, Regulations Relating to Private Security Services Businesses; 6VAC20-173, Regulations Relating to Private Security Services Training Schools. 6VAC20-174, Regulations Relating to Private Security Services Registered Personnel; 6VAC20-230, Regulations Relating to Special Conservator of the Peace; 6VAC20-250, Regulations Relating to Property and Surety Bail Bondsmen; and 6VAC20-260, Regulations Relating to Bail Enforcement Agents. The purpose of the proposed action is to amend and revise the fee schedules associated with these regulations. The fee schedules have not been amended since 2003, 2004, 2008, and 2009, respectively. The proposed fee amendments are primarily based upon inflation since this time, as many have not been revised in well over 10 years. The Department of Criminal Justice Services (DCJS) manages seven programs within the Division of Licensure and Regulatory Services (DLRS), therefore the fee schedule does not accurately reflect the costs that would be required if DCJS had established an operation that was solely for each program. Each program enjoys an economy of scale by the DLRS managing all seven programs under its umbrella. Instead of each program operation having its own management team, call center, application processors, investigators, adjudication unit, and other necessary program support aspects. DLRS provides all of these services for all seven programs, thus reducing the costs for all seven programs. The current issue is that the seven programs are not generating sufficient feeds for DLRS to operate at the desired level. DCJS has to augment DLRS by providing services and support that DLRS cannot fund. Neither DCJS nor DLRS can continue to operate in this manner, as DLRS is required by the Code of Virginia to generate the fees necessary to run the programs. In addition, DLRS is operating without an inadequate amount of investigators, adjudication personnel, customer service personnel, application processors, and other necessary personnel for the DLRS to operate at the desired level of service. DLRS is also in the process of updating its databases and online systems to meet constituent demand and needs additional funding for this process in order to maintain adequate and efficient IT support for the systems and databases going forward.

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

Statutory Authority: §§ 9.1-102 and 9.1-141 of the Code of Virginia (6VAC20-172, 6VAC20-173, 6VAC20-174)

§§ 9.1-102 and 9.1-150.2 of the Code of Virginia (6VAC20-230)

§§ 9.1-102 and 9.1-185.2 of the Code of Virginia (6VAC20-250)

§§ 9.1-102 and 9.1-186.2 of the Code of Virginia (6VAC20-260)

Public Comment Deadline: July 7, 2021.

Agency Contact: Kristi Shalton, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, FAX (804) 786-0410, or email kristi.shalton@dcjs.virginia.gov.

VA.R. Doc. No. R21-6570; Filed May 06, 2021
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations Relating to Bail Enforcement Agents
Notice of Intended Regulatory Action

CRIMINAL JUSTICE SERVICES BOARD

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Criminal Justice Services Board intends to consider amending 6VAC20-172, Regulations Relating to Private Security Services Businesses; 6VAC20-173, Regulations Relating to Private Security Services Training Schools. 6VAC20-174, Regulations Relating to Private Security Services Registered Personnel; 6VAC20-230, Regulations Relating to Special Conservator of the Peace; 6VAC20-250, Regulations Relating to Property and Surety Bail Bondsmen; and 6VAC20-260, Regulations Relating to Bail Enforcement Agents. The purpose of the proposed action is to amend and revise the fee schedules associated with these regulations. The fee schedules have not been amended since 2003, 2004, 2008, and 2009, respectively. The proposed fee amendments are primarily based upon inflation since this time, as many have not been revised in well over 10 years. The Department of Criminal Justice Services (DCJS) manages seven programs within the Division of Licensure and Regulatory Services (DLRS), therefore the fee schedule does not accurately reflect the costs that would be required if DCJS had established an operation that was solely for each program. Each program enjoys an economy of scale by the DLRS managing all seven programs under its umbrella. Instead of each program operation having its own management team, call center, application processors, investigators, adjudication unit, and other necessary program support aspects. DLRS provides all of these services for all seven programs, thus reducing the costs for all seven programs. The current issue is that the seven programs are not generating sufficient feeds for DLRS to operate at the desired level. DCJS has to augment DLRS by providing services and support that DLRS cannot fund. Neither DCJS nor DLRS can continue to operate in this manner, as DLRS is required by the Code of Virginia to generate the fees necessary to run the programs. In addition, DLRS is operating without an inadequate amount of investigators, adjudication personnel, customer service personnel, application processors, and other necessary personnel for the DLRS to operate at the desired level of service. DLRS is also in the process of updating its databases and online systems to meet constituent demand and needs additional funding for this process in order to maintain adequate and efficient IT support for the systems and databases going forward.

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

Statutory Authority: §§ 9.1-102 and 9.1-141 of the Code of Virginia (6VAC20-172, 6VAC20-173, 6VAC20-174)

§§ 9.1-102 and 9.1-150.2 of the Code of Virginia (6VAC20-230)

§§ 9.1-102 and 9.1-185.2 of the Code of Virginia (6VAC20-250)

§§ 9.1-102 and 9.1-186.2 of the Code of Virginia (6VAC20-260)

Public Comment Deadline: July 7, 2021.

Agency Contact: Kristi Shalton, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, FAX (804) 786-0410, or email kristi.shalton@dcjs.virginia.gov.

VA.R. Doc. No. R21-6570; Filed May 06, 2021
TITLE 8. EDUCATION
Regulations Governing Certification of Certain Institutions to Confer Degrees, Diplomas and Certificates
Notice of Intended Regulatory Action

STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Council of Higher Education for Virginia intends to consider amending 8VAC40-31, Regulations Governing Certification of Certain Institutions to Confer Degrees, Diplomas and Certificates. The purpose of the proposed action is to conform to a 2020 legislative mandate requiring out-of-state postsecondary schools offering distance education to Virginia citizens to be certified by the State Council of Higher Education for Virginia or be participants in the National State Authorization Reciprocity Agreement (NC-SARA). This action establishes certification requirements for schools that do not participate in a reciprocity agreement, including (i) criteria that must be fulfilled by schools that are not members of NC-SARA in order to be certified to operate; (ii) aspects of the school's current status, such as accreditation, being in good standing in its home state, and providing certain disclosures to the public; and (iii) the school's obligations regarding maintenance of student records and payment of fees. The regulation will not have any effect on institutions that are members in good standing of NCSARA.

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

Statutory Authority: § 23.1-215 of the Code of Virginia.

Public Comment Deadline: July 7, 2021.

Agency Contact: Beverly Rebar, Senior Associate for Academic and Legislative Affairs, State Council of Higher Education for Virginia, Monroe Building, 101 North 14th Street, 9th Floor, Richmond, VA 23219, telephone (804) 371-0571, or email beverlyrebar@schev.edu.

VA.R. Doc. No. R21-5770; Filed May 06, 2021
TITLE 9. ENVIRONMENT
Local and Regional Water Supply Planning
Notice of Intended Regulatory Action

STATE WATER CONTROL BOARD

Notice of Intended Regulatory Action Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-780, Local and Regional Water Supply Planning. The purpose of the proposed action is to optimize the use of the state's water resources to achieve sufficient water supply to meet the needs of all beneficial uses of water through cost-effective regional approaches to meet future water supply needs. The regulatory action will implement the requirements of Chapter 1105 of the 2020 Acts of Assembly and establish regional planning areas based primarily on river basins and develop a set of regulatory requirements that result in improved cross-jurisdictional regional water supply planning. Amendments will (i) establish regional planning areas, identify the particular regional planning area in which each locality shall participate, and state which stakeholder groups shall or may participate in coordinated resource planning; (ii) establish frameworks for the Department of Environmental Quality to facilitate regional water planning efforts, ensure localities coordinate in the development of water supply plans, prioritize allocation of funding to localities that participate in regional planning, and provide estimates of water supply shortfalls for each locality and region; and (iii) require each regional water supply plan to clearly identify the region's water supply risks and propose cost-effective regional strategies to address those risks.

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

Statutory Authority: §§ 62.1-44.15 and 62.1-44.38:1 of the Code of Virginia.

Public Comment Deadline: July 22, 2021.

Agency Contact: Ryan Green, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4248, or email ryan.green@deq.virginia.gov.

VA.R. Doc. No. R21-6543; Filed May 19, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Social Work
Notice of Intended Regulatory Action

BOARD OF SOCIAL WORK

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 Social Work intends to consider amending 18VAC140-20, Regulations Governing the Practice of Social Work. The purpose of the proposed action is to reduce the number of continuing education (CE) hours necessary to continue being approved as a supervisor. The regulation will retain the requirement for 14 hours of CE for the initial registration of supervision, and thereafter a supervisor will only have to obtain seven hours of CE relating to provision of supervision every five years. The current requirement is 14 hours of CE every five years to continue as an approved supervisor.

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 Comment Deadline: July 7, 2021.

Agency Contact: Agency Contact: Jaime Hoyle, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4406, FAX (804) 527-4435, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. R21-6721; Filed December 03, 2021