Title of Regulation: 18VAC155-20. Waste Management Facility Operators Regulations (amending 18VAC155-20-40, 18VAC155-20-140).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: March 2, 2011.

Effective Date: April 1, 2011.

Agency Contact: David E. Dick, Executive Director, Board for Waste Management Facility Operators, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (804) 527-4297, or email wastemgt@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the board to promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) necessary to assure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system administered by the board.

Section 54.1-2211 A of the Code of Virginia states that, "The board shall promulgate regulations and standards for the training and licensing of waste management facility operators."

Purpose: The amendments are needed to keep the board's regulations consistent with the Code of Virginia. The goal of the proposed language is to cite the proper references to the Code of Virginia that give the board and the department its authority. The language also updates the board's regulations so as to be consistent with its licensing requirements when making references to training. The clarification changes will offer a clearer understanding of the regulation by the public.

Rationale for Using Fast-Track Process: The fast track process is being used to make amendments to the board's regulation language for clarity, not to make any substantive changes to existing regulations. The change to the language of the examination fee reflects the current procedure in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia) just as the change in the language to eliminate the bad check fee reflects the current procedure to comply with § 2.2-614.1 C of the Code of Virginia. The changes to the improper regulation references will correct those references to make them applicable to the various license types for which the training applies.

Substance: No new substantive provisions or changes are being introduced. The changes are merely updates to the existing language, which keeps the substance of the regulations unaltered.

Issues: The advantage to the public is updating the language of the regulations to offer a clearer understanding of the authority from which they are derived.

The primary advantage to the Commonwealth is the consistency of a successful licensure program within its department that offers greater clarity to its regulants.

The proposed changes will result in the consistency of the regulatory language with the current Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board for Waste Management Facility Operators (Board) proposes to amend its regulations to remove the $25 fee on returned checks and clarify that the fee for taking the licensure examination is paid to the third party vendor that administers the exam.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Current regulations set a returned check fee of $25 and an examination fee of $150 that is subject to further charges by an outside vendor. Since returned check charges are now set by the Code of Virginia (§ 2.2-614.1 C), and since the current examination fee is $250 which is paid directly to the vendor who administers the exam, the Board proposes to amend regulatory language that covers these two fees. Specifically, the Board proposes to remove the fee for returned checks from these regulations entirely and amend the language that deals with licensure examination so that mention of a specific dollar amount is removed and so that it is clear that this fee is paid directly to the vendor. No entity is likely to incur any costs on account of these changes. Regulated entities, and other parties who may read these regulations, will benefit from the proposed changes because they remove obsolete language that may cause confusion.

Businesses and Entities Affected. The Department of Professional and Occupational Regulation (DPOR) reports that there are currently 1,199 licensed Waste Management Facility Operators in the Commonwealth. All of these individuals, as well as any individuals who may wish to be licensed by the Board in the future, will be affected by these proposed regulations.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. This regulatory action will likely have no impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action will likely have no effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The department concurs with the economic impact analysis provided by the Department of Planning and Budget.

Summary:

The amendments (i) remove the fee for dishonored checks, which is covered in § 2.2-614.1 C of the Code of Virginia and (ii) clarify that the fee for taking the licensure examination is charged by the vendor pursuant to contracts negotiated under the Virginia Public Procurement Act.

18VAC155-20-40. Fees.

A. All fees are nonrefundable and shall not be prorated.

B. An application shall not be deemed complete and shall not be processed without the required fee.

1. The application fee for licensure shall be $75.

2. The fee for renewal of licensure shall be $50.

3. The fee for late renewal of licensure shall be $75.

4. The fee for reinstatement of licensure shall be $125.

5. The fee for taking the examination or reexamination for licensure shall be $150. This examination fee is subject to fees charged to the department applicant by an outside vendor competitively negotiated and contracted for in compliance with the Virginia Public Procurement Act (§ 11-35 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate applicant in accordance with this contract.

6. The application fee for training course approval shall be $125.

7. The fee for paying any of the above fees with a check or other instrument not honored by the bank or other financial institution upon which it is drawn shall be $25.

C. All checks shall be made payable to the Treasurer of Virginia.

D. Receipt and deposit of fees submitted with applications do not indicate licensure.

18VAC155-20-140. Examinations.

A. Initial examination.

1. An individual may not take the board-approved examination until all training requirements have been completed and are verified to the board unless exempt qualifying under 18VAC155-20-120 B 5 6.

2. All applicants approved for the examination by the board will be notified in writing with a request for the examination fee defined in 18VAC155-20-40 B 5. The applicant will be scheduled for the next available examination upon receipt of the examination fee.

3. The examination fee will be required at least 30 days before the scheduled date of the examination.

4. All applicants shall achieve a passing score on the examination as determined by the board.

5. An individual unable to take an examination at the time scheduled shall notify the board prior to the date of the examination; such an individual shall be rescheduled for the next examination. Failure to notify the board may require the submittal of a new examination fee.

B. Reexamination.

1. An individual may retake the board-approved examination as many times as necessary to pass except those who have been waived from training requirements.

2. If the applicant has been waived from training under 18VAC155-20-120 B 5 6 and fails, the applicant may retake the examination once. After failing twice, the applicant shall complete the required training before retaking the examination.

3. Reexamination shall require the submission of the reexamination fee as defined in 18VAC155-20-40 B 5.