NOTICES OF INTENDED REGULATORY ACTION
Vol. 38 Iss. 12 - January 31, 2022

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations Relating to Special Conservator of the Peace
Notice of Intended Regulatory Action

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 6VAC20-230, Regulations Relating to Special Conservator of the Peace. The purpose of the proposed action is to amend and revise the compulsory minimum training standards, make technical amendments, and increase the number of training hours required. Training requirements are established in § 9.1-150.2 of the Code of Virginia, and this action's goal is to simplify the regulation by repealing sections and replacing them with a document incorporated by reference that houses the various categories of training that must be met by all special conservators of the peace (SPOCs) in the Commonwealth. All amendments will reflect newly-revised compulsory minimum training standards for law-enforcement officers so that the two professions have consistency across all regulations.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation 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; (ii) minimizes the economic impact on small businesses 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: § 9.1-150.2 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

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

VA.R. Doc. No. R22-7064; Filed January 06, 2022
TITLE 8. EDUCATION
Background Checks for Child Day Programs and Family Day Systems
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider repealing 8VAC20-770, Background Checks for Child Day Programs and Family Day Systems and promulgating 8VAC20-771, Background Checks for Child Day Programs and Family Day Systems. The purpose of the proposed action is to repeal and replace the current chapter in order to (i) ensure that the regulation aligns with federal and state laws and (ii) clarify and update the regulatory requirements. By repealing the current chapter and promulgating a new chapter in its place, the board anticipates greater flexibility in aligning the regulatory structure to federal and state law, which has changed since the current chapter became effective. The board also anticipates changes to format and language.

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

Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Tatanishia Armstrong, Legislative Consultant, Department of Education, James Monroe Building, 101 North 14th Street, 16th Floor, Richmond, VA 23219, telephone (804) 382-5047, or email tatanishia.armstrong@doe.virginia.gov.

VA.R. Doc. No. R22-7027; Filed December 29, 2021
TITLE 8. EDUCATION
Background Checks for Child Day Programs and Family Day Systems [under development]
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider repealing 8VAC20-770, Background Checks for Child Day Programs and Family Day Systems and promulgating 8VAC20-771, Background Checks for Child Day Programs and Family Day Systems. The purpose of the proposed action is to repeal and replace the current chapter in order to (i) ensure that the regulation aligns with federal and state laws and (ii) clarify and update the regulatory requirements. By repealing the current chapter and promulgating a new chapter in its place, the board anticipates greater flexibility in aligning the regulatory structure to federal and state law, which has changed since the current chapter became effective. The board also anticipates changes to format and language.

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

Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Tatanishia Armstrong, Legislative Consultant, Department of Education, James Monroe Building, 101 North 14th Street, 16th Floor, Richmond, VA 23219, telephone (804) 382-5047, or email tatanishia.armstrong@doe.virginia.gov.

VA.R. Doc. No. R22-7027; Filed December 29, 2021
TITLE 8. EDUCATION
General Procedures and Information for Licensure
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider repealing 8VAC20-820, General Procedures and Information for Licensure, and promulgating 8VAC20-821, General Procedures and Information for Licensure. The purpose of the proposed action is to repeal the current chapter and promulgate a new chapter in order to implement statutory requirements, clarify existing regulatory requirements, and update practices and procedures. The General Procedures and Information for Licensure applies to child day centers, family day homes, and family day systems that are licensed by the State Board of Education. The chapter sets out requirements and procedures for the licensure process, including the application process, license maintenance, inspections, and enforcement of violations. The current regulation was originally promulgated by the Virginia Department of Social Services in 1984 and adopted by the board in 2021.

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

Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Tatanishia Armstrong, Legislative Consultant, Department of Education, James Monroe Building, 101 North 14th Street, 16th Floor, Richmond, VA 23219, telephone (804) 382-5047, or email tatanishia.armstrong@doe.virginia.gov.

VA.R. Doc. No. R22-7028; Filed December 29, 2021
TITLE 8. EDUCATION
General Procedures and Information for Licensure [under development]
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider repealing 8VAC20-820, General Procedures and Information for Licensure, and promulgating 8VAC20-821, General Procedures and Information for Licensure. The purpose of the proposed action is to repeal the current chapter and promulgate a new chapter in order to implement statutory requirements, clarify existing regulatory requirements, and update practices and procedures. The General Procedures and Information for Licensure applies to child day centers, family day homes, and family day systems that are licensed by the State Board of Education. The chapter sets out requirements and procedures for the licensure process, including the application process, license maintenance, inspections, and enforcement of violations. The current regulation was originally promulgated by the Virginia Department of Social Services in 1984 and adopted by the board in 2021.

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

Statutory Authority: §§ 22.1-16 and 22.1-289.046 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Tatanishia Armstrong, Legislative Consultant, Department of Education, James Monroe Building, 101 North 14th Street, 16th Floor, Richmond, VA 23219, telephone (804) 382-5047, or email tatanishia.armstrong@doe.virginia.gov.

VA.R. Doc. No. R22-7028; Filed December 29, 2021
TITLE 9. ENVIRONMENT
Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining
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 9VAC25-190, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining. The purpose of the proposed action is to amend and reissue the existing VPDES general permit regulation that addresses wastewater and stormwater discharges from nonmetallic mineral mines. The existing general permit will expire June 30, 2024, and this action will reissue the general permit for another five-year term. In addition, any updates or necessary changes will be made to the general permit. Amendments may be identified following the submittal of public comments on this notice and by the technical advisory committee during deliberations on this general permit regulation. Some issues that may need to be addressed include (i) effluent limitations and monitoring requirements; (ii) electronic reporting, once this is made available for this industry; (iii) total maximum daily load requirements; (iv) special conditions to ensure they are updated and protective of water quality; (v) conforming changes based on the U.S. Environmental Protection Agency's most recent National Pollutant Discharge Elimination System Multi-Sector General Permit; and (vi) clarifying other aspects of the permit, regulation, forms, or instructions, as needed.

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

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.

Public Comment Deadline: March 2, 2022.

Agency Contact: Peter Sherman, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4044, FAX (804) 698-4178, or email peter.sherman@deq.virginia.gov.

VA.R. Doc. No. R22-7006; Filed January 10, 2022
TITLE 9. ENVIRONMENT
Virginia Water Protection Permit Regulation
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 9VAC25-210, Virginia Water Protection Permit Regulation, and 9VAC25-610, Ground Water Withdrawal Regulations. The purpose of the proposed action is to require that any application for a permit to withdraw surface water (9VAC25-210) or groundwater (9VAC25-610) include (i) a water auditing plan and (ii) a leak detection and repair plan. This regulatory proposal will establish requirements for such plans as required by Chapter 100 of the 2021 Acts of Assembly, Special Session I.

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

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 401 of the Clean Water Act (33 USC § 1251 et seq.).

Public Comment Deadline: March 2, 2022.

Agency Contact: Joseph Grist, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4031, FAX (804) 698-4178, or email joseph.grist@deq.virginia.gov.

VA.R. Doc. No. R22-6942; Filed January 10, 2022
TITLE 9. ENVIRONMENT
Ground Water Withdrawal Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-210, Virginia Water Protection Permit Regulation, and 9VAC25-610, Ground Water Withdrawal Regulations. The purpose of the proposed action is to require that any application for a permit to withdraw surface water (9VAC25-210) or groundwater (9VAC25-610) include (i) a water auditing plan and (ii) a leak detection and repair plan. This regulatory proposal will establish requirements for such plans as required by Chapter 100 of the 2021 Acts of Assembly, Special Session I.

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

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 401 of the Clean Water Act (33 USC § 1251 et seq.).

Public Comment Deadline: March 2, 2022.

Agency Contact: Joseph Grist, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4031, FAX (804) 698-4178, or email joseph.grist@deq.virginia.gov.

VA.R. Doc. No. R22-6942; Filed January 10, 2022
TITLE 12. HEALTH
Waterworks Operation Fee
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending 12VAC5-600, Waterworks Operation Fee. The purpose of the proposed action is to review (i) how the Virginia Department of Health (VDH) provides technical and regulatory assistance to different types and sizes of waterworks, including those serving disadvantaged communities and (ii) how waterworks support that assistance through operation fees. VDH will also consider equity and environmental justice issues as they relate to the operation fees waterworks pay. VDH intends to amend fees so that they more accurately reflect the benefit members of the regulated community receive from the agency through technical and regulatory assistance. The intended amendments are a result of the periodic review.

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

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

Public Comment Deadline: March 2, 2022.

Agency Contact: Nelson Daniel, Policy and Program Director, Office of Drinking Water, Virginia Department of Health, 109 Governor Street, 6th Floor, Richmond, VA 23219, telephone (804) 864-7210, FAX (804) 864-7521, or email nelson.daniel@vdh.virginia.gov.

VA.R. Doc. No. R22-7059; Filed December 29, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects intends to consider amending 18VAC10-20, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects Regulations. The purpose of the proposed action is to adjust its licensing fee structure. The board must establish fees adequate to support the costs of board operations and pay a proportionate share of the Department of Professional and Occupational Regulation operations. By the close of the next biennium, fees will not provide adequate revenue for those costs. The board has no other source of revenue from which to fund its operations.

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

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email apelscidla@dpor.virginia.gov.

VA.R. Doc. No. R22-6512; Filed December 29, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Rules and Regulations of the Virginia Auctioneers Board
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Auctioneers Board intends to consider amending 18VAC25-21, Rules and Regulations of the Virginia Auctioneers Board. The purpose of the proposed action is to adjust the board's licensing fee structure. The board must establish fees adequate to support the costs of board operations and pay a proportionate share of the Department of Professional and Occupational Regulation operations. By the close of the next biennium, fees will not provide adequate revenue for those costs. The board has no other source of revenue from which to fund its operations.

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

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Auctioneers Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email auctioneers@dpor.virginia.gov.

VA.R. Doc. No. R22-6589; Filed December 29, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Dental Assistants
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Dentistry intends to consider amending 18VAC60-30, Regulations Governing the Practice of Dental Assistants. The purpose of the proposed action is to eliminate the practice of pulp capping from the practices for which a dental assistant II can be trained and delegated to perform in a dental office. Pulp capping is the covering of an exposed dental pulp with some material to provide protection against external influences and to encourage healing. The board's intent is to delete pulp capping from the procedures for which a dental assistant II can be trained and certified to perform.

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: March 2, 2022.

Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4437, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.

VA.R. Doc. No. R22-7061; Filed December 30, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Virginia Real Estate Board Licensing Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Real Estate Board intends to consider amending 18VAC135-20, Virginia Real Estate Board Licensing Regulations. The purpose of the proposed action is to adjust license application, renewal, and reinstatement fees for real estate licenses. The board must establish fees adequate to support the costs of its operations and pay a proportionate share of the Department of Professional and Occupational Regulation operations. By the close of the next biennium, fees will not provide adequate revenue for those costs. The board has no other source of revenue from which to fund its operations.

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

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Christine Martine, Executive Director, Real Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (804) 527-4299, or email reboard@dpor.virginia.gov.

VA.R. Doc. No. R22-6767; Filed December 29, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Board for Professional Soil Scientists Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Professional Soil Scientists, Wetland Professionals, and Geologists intends to consider amending 18VAC145-20, Board for Professional Soil Scientists Regulations; 18VAC145-30, Wetland Delineators Certification Regulations; and 18VAC145-40, Regulations for the Geology Certification Program. The purpose of the proposed action is to adjust the board's licensing fee structure. The board must establish fees adequate to support the costs of board operations and pay a proportionate share of the Department of Professional and Occupational Regulation operations. By the close of the next biennium, fees will not provide adequate revenue for those costs. The board has no other source of revenue from which to fund its operations.

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (804) 527-4294, or email soilscientist@dpor.virginia.gov.

VA.R. Doc. No. R22-7058; Filed December 29, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Wetland Delineators Certification Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Professional Soil Scientists, Wetland Professionals, and Geologists intends to consider amending 18VAC145-20, Board for Professional Soil Scientists Regulations; 18VAC145-30, Wetland Delineators Certification Regulations; and 18VAC145-40, Regulations for the Geology Certification Program. The purpose of the proposed action is to adjust the board's licensing fee structure. The board must establish fees adequate to support the costs of board operations and pay a proportionate share of the Department of Professional and Occupational Regulation operations. By the close of the next biennium, fees will not provide adequate revenue for those costs. The board has no other source of revenue from which to fund its operations.

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (804) 527-4294, or email soilscientist@dpor.virginia.gov.

VA.R. Doc. No. R22-7058; Filed December 29, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations for the Geology Certification Program
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Professional Soil Scientists, Wetland Professionals, and Geologists intends to consider amending 18VAC145-20, Board for Professional Soil Scientists Regulations; 18VAC145-30, Wetland Delineators Certification Regulations; and 18VAC145-40, Regulations for the Geology Certification Program. The purpose of the proposed action is to adjust the board's licensing fee structure. The board must establish fees adequate to support the costs of board operations and pay a proportionate share of the Department of Professional and Occupational Regulation operations. By the close of the next biennium, fees will not provide adequate revenue for those costs. The board has no other source of revenue from which to fund its operations.

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (804) 527-4294, or email soilscientist@dpor.virginia.gov.

VA.R. Doc. No. R22-7058; Filed December 29, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Waste Management Facility Operators Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Waste Management Facility Operators intends to consider amending 18VAC155-20, Waste Management Facility Operators Regulations. The purpose of the proposed action is to increase licensing fees for regulants of the Board for Waste Management Facility Operators. The board must establish fees adequate to support the costs of board operations and pay a proportionate share of the Department of Professional and Occupational Regulation operations. By close of the next biennium, the current fee structure will not provide adequate revenue for those costs. The Board for Waste Management Facility Operators has no other source of revenue from which to fund its operations.

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

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Marjorie King, Administrator, Board for Waste Management Facility Operators, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, TDD (804) 527-4290, or email contractors@dpor.virginia.gov.

VA.R. Doc. No. R22-6804; Filed December 29, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Waterworks and Wastewater Works Operators Licensing Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals intends to consider amending 18VAC160-30, Waterworks and Wastewater Works Operators Licensing Regulations. The purpose of the proposed action is to adjust license application, renewal, and reinstatement fees for waterworks and wastewater works operator licenses. The board must establish fees adequate to support the costs of board operations and pay a proportionate share of the Department of Professional and Occupational Regulation operations. By the close of the next biennium, fees will not provide adequate revenue for those costs. The board has no other source of revenue from which to fund its operations.

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

Statutory Authority: §§ 54.1-113 and 54.1-201 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Trisha L. Lindsey, Executive Director, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, or email waterwasteoper@dpor.virginia.gov.

VA.R. Doc. No. R22-6627; Filed December 29, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Onsite Sewage System Professionals Licensing Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals intends to consider amending 18VAC160-40, Onsite Sewage System Professionals Licensing Regulations. The purpose of the proposed action is to adjust license application, renewal, and reinstatement fees for onsite sewage system operator, onsite sewage system installer, and onsite soil evaluator licenses. The board must establish fees adequate to support the costs of board operations and pay a proportionate share of the Department of Professional and Occupational Regulation operations. By the close of the next biennium, fees will not provide adequate revenue for those costs. The board has no other source of revenue from which to fund its operations.

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

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Trisha L. Lindsey, Executive Director, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, or email waterwasteoper@dpor.virginia.gov.

VA.R. Doc. No. R22-6628; Filed December 29, 2021
TITLE 22. SOCIAL SERVICES
The Virginia Public Guardian and Conservator Program
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department for Aging and Rehabilitative Services (DARS) intends to consider amending 22VAC30-70, The Virginia Public Guardian and Conservator Program. The Virginia Public Guardian and Conservator Program provides public guardian and conservator services for adults who are incapacitated, indigent, and for whom no other proper or suitable person can be identified who is willing and able to serve as the individual's guardian, or conservator, or both, as applicable. The program has capacity to provide public guardianship services, public conservatorship services, or both to 1,049 incapacitated adult residents of Virginia who are found by a Virginia circuit court to be (i) incapacitated, and (ii) who meet the criteria for public guardianship as set forth in § 64.2-2010 of the Code of Virginia. These services are provided by 13 local public guardian programs, which are operated by local public guardian program contractors under contract with the department.

The proposed regulatory action is prompted by a periodic review. The purpose of the proposed action is a comprehensive review of the chapter. Revision to all areas of the regulation will be considered. DARS intends to amend sections that may be determined to be outdated or inconsistent with policy and practice. Other revisions to the regulation content may also be proposed based on public comment or from discussions with the Virginia Public Guardian and Conservator Advisory Board, the 13 public guardian program contractors, and other stakeholders and advocates.

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

Statutory Authority: § 51.5-131 of the Code of Virginia.

Public Comment Deadline: March 2, 2022.

Agency Contact: Charlotte Arbogast, Policy Advisor, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7093, FAX (804) 662-7663, TDD (800) 464-9950, or email charlotte.arbogast@dars.virginia.gov.

VA.R. Doc. No. R22-7060; Filed December 30, 2021