NOTICES OF INTENDED REGULATORY ACTION
Vol. 39 Iss. 19 - May 08, 2023

TITLE 3. ALCOHOLIC BEVERAGE AND CANNABIS CONTROL
Procedural Rules for the Conduct of Hearings Before the Board and Its Hearing Officers
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Alcoholic Beverage Control Authority (ABC) intends to consider amending 3VAC5-10, Procedural Rules for the Conduct of Hearings Before the Board and Its Hearing Officers. The purpose of the proposed action is to comprehensively review the regulation to conform it to current ABC processes and procedures and to clarify and consolidate the regulation, correcting any contradictions to the Code of Virginia.

In addition, pursuant to § 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a periodic review and small business impact review of this regulation to determine whether this regulation should be repealed, amended, or retained in its current form.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; (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: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Public Comment Deadline: July 7, 2023.

Agency Contact: LaTonya D. Hucks-Watkins, Senior Legal Counsel, Alcoholic Beverage Control Authority, 7450 Freight Way, Mechanicsville, VA 23116, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks-watkins@virginiaabc.com.

VA.R. Doc. No. R23-7490; Filed April 13, 2023
TITLE 3. ALCOHOLIC BEVERAGE AND CANNABIS CONTROL
Public Participation Guidelines
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Alcoholic Beverage Control Authority (ABC) intends to consider amending 3VAC5-11, Public Participation Guidelines. The purpose of the proposed action is to comprehensively review the regulation to conform it to current ABC processes and procedures and to remove from the regulation provisions that are in statute.

In addition, pursuant to § 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 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; (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: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Public Comment Deadline: July 7, 2023.

Agency Contact: LaTonya D. Hucks-Watkins, Senior Legal Counsel, Alcoholic Beverage Control Authority, 7450 Freight Way, Mechanicsville, VA 23116, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks-watkins@virginiaabc.com.

VA.R. Doc. No. R23-7506; Filed April 13, 2023
TITLE 3. ALCOHOLIC BEVERAGE AND CANNABIS CONTROL
Advertising
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Alcoholic Beverage Control Authority (ABC) intends to consider amending 3VAC5-20, Advertising. The purpose of the proposed action is to comprehensively review the regulation to conform it to current ABC processes and procedures and to clarify and consolidate the regulation.

In addition, pursuant to § 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 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; (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: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Public Comment Deadline: July 7, 2023.

Agency Contact: LaTonya D. Hucks-Watkins, Senior Legal Counsel, Alcoholic Beverage Control Authority, 7450 Freight Way, Mechanicsville, VA 23116, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks-watkins@virginiaabc.com.

VA.R. Doc. No. R23-7508; Filed April 13, 2023
TITLE 3. ALCOHOLIC BEVERAGE AND CANNABIS CONTROL
Tied-House
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Alcoholic Beverage Control Authority (ABC) intends to consider amending 3VAC5-30, Tied-House. The purpose of the proposed action is to comprehensively review the regulation to conform it to current ABC processes and procedures and to clarify and consolidate the regulation.

In addition, pursuant to § 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 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; (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: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Public Comment Deadline: July 7, 2023.

Agency Contact: LaTonya D. Hucks-Watkins, Senior Legal Counsel, Alcoholic Beverage Control Authority, 7450 Freight Way, Mechanicsville, VA 23116, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks-watkins@virginiaabc.com.

VA.R. Doc. No. R23-7509; Filed April 13, 2023
TITLE 3. ALCOHOLIC BEVERAGE AND CANNABIS CONTROL
Requirements for Product Approval
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Alcoholic Beverage Control Authority (ABC) intends to consider amending 3VAC5-40, Requirements for Product Approval. The purpose of the proposed action is to comprehensively review the regulation to conform it to current ABC processes and procedures and to clarify and consolidate the regulation.

In addition, pursuant to § 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 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; (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: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Public Comment Deadline: July 7, 2023.

Agency Contact: LaTonya D. Hucks-Watkins, Senior Legal Counsel, Virginia Alcoholic Beverage Control Authority, 7450 Freight Way, Mechanicsville, VA 23116, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks-watkins@virginiaabc.com.

VA.R. Doc. No. R23-7511; Filed April 13, 2023
TITLE 3. ALCOHOLIC BEVERAGE AND CANNABIS CONTROL
Retail Operations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Alcoholic Beverage Control Authority (ABC) intends to consider amending 3VAC5-50, Retail Operations. The purpose of the proposed action is to comprehensively review the regulation to conform it to current ABC processes and procedures and to clarify and consolidate the regulation.

In addition, pursuant to § 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 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; (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: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Public Comment Deadline: July 7, 2023.

Agency Contact: LaTonya D. Hucks-Watkins, Senior Legal Counsel, Alcoholic Beverage Control Authority, 7450 Freight Way, Mechanicsville, VA 23116, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks-watkins@virginiaabc.com.

VA.R. Doc. No. R23-7512; Filed April 13, 2023
TITLE 3. ALCOHOLIC BEVERAGE AND CANNABIS CONTROL
Manufacturers and Wholesalers Operations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Alcoholic Beverage Control Authority (ABC) intends to consider amending 3VAC5-60, Manufacturers and Wholesalers Operations. The purpose of the proposed action is to comprehensively review the regulation to conform it to current ABC processes and procedures, to clarify and consolidate the regulation, and to correct references to statute.

In addition, pursuant to § 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 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; (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: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Public Comment Deadline: July 7, 2023.

Agency Contact: LaTonya D. Hucks-Watkins, Senior Legal Counsel, Virginia Alcoholic Beverage Control Authority, 7450 Freight Way, Mechanicsville, VA 23116, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks-watkins@virginiaabc.com.

VA.R. Doc. No. R23-7513; Filed April 13, 2023
TITLE 3. ALCOHOLIC BEVERAGE AND CANNABIS CONTROL
Other Provisions
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Alcoholic Beverage Control Authority (ABC) intends to consider amending 3VAC5-70, Other Provisions. The purpose of the proposed action is to comprehensively review the regulation to conform it to current ABC processes and procedures and to clarify and consolidate the regulation.

In addition, pursuant to § 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 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; (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: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Public Comment Deadline: July 7, 2023.

Agency Contact: LaTonya D. Hucks-Watkins, Senior Legal Counsel, Virginia Alcoholic Beverage Control Authority, 7450 Freight Way, Mechanicsville, VA 23116, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks-watkins@virginiaabc.com.

VA.R. Doc. No. R23-7514; Filed April 13, 2023
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations of the Virginia Board of Optometry
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 Optometry intends to consider amending 18VAC105-20, Regulations Governing the Practice of Optometry. The purpose of the proposed action is to put in place regulatory requirements mandated by the third enactment clause of Chapters 16 and 17 of the 2022 Acts of Assembly, which require the board to promulgate regulations regarding annual reporting by optometrists to the board of certain, specified information. The changes being considered establish a reporting system on the board's website to collect the following information: (i) any disciplinary action taken against a person licensed by the board in another state or in a federal health institution or voluntary surrender of a license in another state while under investigation; (ii) any malpractice judgment against a person licensed by the board; (iii) any settlement of a malpractice claim against a person licensed by the board; and (iv) any evidence that indicates a reasonable belief that a person licensed by the board is or may be professionally incompetent, has or may have engaged in intentional or negligent conduct that causes or is likely to cause injury to a patient, has or may have engaged in unprofessional conduct, or may be mentally or physically unable to engage safely in the practice of optometry.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3223 of the Code of Virginia.

Public Comment Deadline: June 7, 2023.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Optometry, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 597-4130, FAX (804) 527-4471, or email leslie.knachel@dhp.virginia.gov.

VA.R. Doc. No. R23-7539; Filed April 10, 2023