Title of Regulation: 5VAC5-40. Administration of the Office of the Clerk of the Commission (adding 5VAC5-40-10).

Statutory Authority: § 12.1-13 of the Code of Virginia.

Effective Date: July 1, 2010.

Agency Contact: Joel Peck, Clerk of the Commission, State Corporation Commission, 1300 E. Main Street, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9733, FAX (804) 692-0681, or email joel.peck@scc.virginia.gov.

Summary:

The regulation is intended to implement the provisions of Chapter 669 of the 2010 Acts of Assembly relating to fees charged by the State Corporation Commission for copying. The regulation specifies the fees to be charged for copying and for providing a certificate for certain documents. The fees are identical to those that are currently in statute. Changes from the proposed regulation and the final regulation are technical in nature and merely conform the language of the regulation more closely to the language of the statute the regulation is intended to replace.

AT RICHMOND, JUNE 29, 2010

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. CLK-2010-00007

Ex Parte: In re: fees charged by the Office
of the Clerk of the Commission

ORDER ADOPTING A REGULATION

On May 18, 2010, the State Corporation Commission ("Commission") entered an Order to Take Notice of a proposal by the Commission to adopt a regulation pursuant to Chapter 669 of the 2010 Virginia Acts of Assembly ("Chapter 669 of the Acts"). The proposed regulation, 5 VAC 5-40-10, places in the Virginia Administrative Code the fees charged by the Commission for copying and other services that are repealed from the Code of Virginia by Chapter 669 of the Acts. The Order and proposed regulation were published in the Virginia Register of Regulations on June 7, 2010, and published on the Commission's website. Interested parties were afforded the opportunity to provide written comments or request a hearing on or before June 18, 2010.

No comments were filed, nor were any requests for hearing made in this matter.

NOW THE COMMISSION, upon consideration of the proposed regulation, the recommendations of the Office of the Clerk of the Commission ("Clerk"), and applicable law, concludes that the proposed regulation should be modified to reflect certain technical changes recommended by the Clerk and that the proposed regulation, as modified, should be adopted with an effective date of July 1, 2010.

Accordingly, IT IS ORDERED THAT:

(1) The proposed regulation, 5 VAC 5-40-10, as modified herein and attached hereto, is adopted effective July 1, 2010.

(2) This Order and the attached regulation shall be posted on the Commission's website at http://www.scc.virginia.gov/case.

(3) The Commission's Division of Information Resources shall send a copy of this Order, including a copy of the attached regulation, to the Virginia Registrar of Regulations for publication in the Virginia Register of Regulations.

(4) This case is dismissed from the Commission's docket of active cases.

AN ATTESTED COPY hereof shall be sent to the Clerk of the Commission, who shall forthwith mail a copy of this Order, including a copy of the attached regulation, to interested parties as he may designate.

CHAPTER 40
ADMINISTRATION OF THE OFFICE OF THE CLERK OF THE COMMISSION

5VAC5-40-10. Fees to be charged by the [ Office of the Clerk commission ].

A. The Office of the Clerk shall charge and collect a fee of $6.00 for each certificate of fact provided pursuant to § 12.1-20 of the Code of Virginia.

B. The commission shall charge and collect for furnishing [ and certifying ] a copy of any document, instrument, or paper [ or any information from its records ] $ .50 per page and $3.00 for the certificate and affixing [ thereto ] the seal [ thereto of the commission or a facsimile thereof ].